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HomeMy Public PortalAbout1975_09_10 132 REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 10, 1975. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on September 10, 1975 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the invocation being offered by Councilman Ridder, and followed with the Salute to the Flag. Present were: Mayor G. -Dewey Hill, •Chuncil- men Charles E. Bange, Mary Anne Newman, Robert A. Orr, Herbert L. Ridder, James A. Rock and C. Terry Titus ; also Acting Town Manager E. Wesley Dnuero. • The Minutes of the regular meeting of August 27, 1975 and a special meeting of August 30, 1975 were approved as written. Mr. Philip Bolen, County Administrator, issued a special invitation to the Mayor and members of Council to attend groundbreaking ceremonies for the Loudoun. County Office Building on Tuesday, September 16 at 1 :30 P.M. on the Court House lawn. Mr. Bolen presented a request that a portion of North Church Street, from the second driveway at the Sheriff' s Office to Cornwall Street, be limited to 30-minute parking. This would comprise 9 or 10 spaces and would be for the period of construction of the new County Office Building. The purpose of this request is to reserve these spaces on Church Street for parking by taxpayers of Loudoun County in order that they might take care of County business . A temporary parking area has been provided for em- ployees and for constructiopnworkers and equipment used in the construc- tion. This matter was discussed by Council , with Councilman Bange feel- ing that meters should be installed in order to monitor this 30-minute parking. On motion of Councilman Titus, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the request from the Board of Supervisors on restrictive parking be granted for the period of construction of the County Administrative Buildings. It was felt that, should this not work without the use of meters, they.may be installed, with the possibility of using County-owned meters not now in use and changing them to reflect 30-minute parking. " The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay: None. Mr. Fred T. Lininger, owner of property at the corner of E. Market Street and Morven Park Road, a parcel fronting on Market Street- and ex- tending northward to join the aforesaid property and three "(3) lots front- ing on Wilson Avenue, addressed Council concerning his request for the ex- change of three sewer taps to which he is entitled on Wilson-Avenue for one tap on West Market Street to serve the front portion of Parcel A. Mr. Lininger explained that the moratorium was instituted just a month to six weeks after he purchased this property and he has not been able to use it. He now has an interested purchaser for the front half of Parcel A. He said he has no immediate plans for the Wilson Avenue property. Councilman Bange explained that Mr. Lininger appeared before the Public Works Committee with this proposal and the committee felt that it might be well to grant this exchange. However, it was felt that this should be discussed by the Coun- cil as a whole. This problem was discussed at length and, on motion of Councilman Rock, seconded by Councilman Orr, the following resolution was proposed and adopted, as shown: BE IT RESOLVED, that this problem be referred back to the Public Works Committee for a proper:- resolution. Aye: Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Hill . Nay: None. Abstention: Councilman Titus. 7 Acting Town Manager Devero commented that, after visiting: other mu- nicipalities while on vacation, he is proud to be associated with Leesburg and feels that the Council should be proud of the projects that have been completed and about to be completed. He was very impressed with the prog- ress made in Leesburg compared with other municipalities the same size or even larger. 133 SEPTEMBER 10, 1975 MINUTES. Mr. Devero reported the following . items : (1) Sewage performance reports for the month of August have been submitted. (2) Sydnor Hydrodynamics will be starting to work on Monday on the rehabilitation and automation of existing wells . (3) Curb, gutter and sidewalk repair will begin next Wednesday. (4) The drilling of test wells will be started on Friday of this I week. (5) Concerning problems in Country Club Subdivision, Section 3, a check has not yet been received from Republic Insurance Company. However, he has been advised by Mr. Keenan of Republic Insurance Company and by Mr. Jeffrey Sneider that they will meet in New York next Wednesday to dis- cuss this matter and the Town will be notified of the outcome of this meeting. He emphasized that the Town wants this work completed by No- vember 1 for acceptance by the State Highway Department for maintenance. (6) Town Attorney Martin has advised that the Hakim Associates matter will be heard by Judge Snead in Warrenton next Wednesday at 9: 00 A.M. The matter to be considered will not be one of "early entry, but whether the Town has the right to take land by condemnation for water. (7) A letter and report has been received from the geologist con- cerning alternative well sites . Another site has been located that he feels is excellent. It belongs to the State and a letter has been written to the State seeking access to the property. This will be discussed fur- ther at the Public Works Committee meeting. (8) The leaf loader has been delivered. It is felt that this piece of equipment will be an asset to the Town. A schedule for its use will be set up and information made available to the public. (9) Bids on the 1 . 5 million gallon stand tank and transmission_ line will be opened on Monday, September 15th. (10) Johnson and Williams has advised that they will have the modified plans on the Water Plant to the Health Department for review on October 15th. The Health Department has advised that they will review them im- mediately uponreceipt thereof. (11) The resignation of Ken Bedford, Superintendent of the Water Pol- lution Control Facility, has been received. Steps have been taken to ad- vertise this position through the WPCF magazine, as well as in the Loudoun Times-Mirror and the Washington Post. A job description has been sent to the Certification Division of the Water Control Board, where tests will be given on September 19th. This vacancy will be announced to the candidates for Class I Operator. Councilman Ridder called attention to the Joint Hearing by the State Water Control Board and the Regional Resources Committee of NVPDC to be held at George Mason University at 7 : 00 P.M. tomorrow night for the pur- pose of hearing comments on amendments to Phase One of the Water Quality Management Plan. He said he will not be able to be present himself, how- ever, Council will be asking Mayor Hill to make the Town' s wishes known at this meeting. Councilman Ridder also reported on a hearing yesterday at Dulles Air- port concerning the Virginia Air Transportation System Study, which has just been published. A series of hearings are being held throughout the State and this one was for the Planning District Commissions'-and interested citizens in the Northern Virginia area. The Plan has Leesburg asa potenr tial "reliever" airport, this being a general utility airport designated to siphon off smaller aircraft so that the larger airports (Dulles and National) can operate more efficiently. There was also lengthy discussion concerning Federal funding for such projects such as the one projected for Leesburg - the expansion of the existing parking apron. Mr. Wallace of the Airport Advisory Committee was also in attendance at this meeting and was con- cerned as to what steps might be taken to hasten this project - perhaps an application for State money. However, it was pointed out that this project is at a standstill until the County releases its review of the project and until funds become available. 134 SEPTEMBER 10',: 1975 MEETING. Councilman Titus had the following items : (1) The next Public Works Committee meeting will be at 4: 00 P.M. on Wednesday, September 17 . (2) He had a brief discussion last week with Mr. Mahan concerning the condemnation suit on the property in the rear of the Town Office build- ing. He indicated that nothing further can be done until the engineering is completed ,by Dewberry, Nealon and Davis . He felt that some explanation is due from DND and, if they are not going to complete the work, then the Town should employ someone else to do the work. - (3) With regard to Country Club Subdivision, Section 3, he feels that Mr. Sneider is "jerking" the bonding company around which, in turn, is de- laying the Town. He feels that the Town has called the bond, so let' s get on with this project. (4) The time for the bid opening on the stand tank and transmission line has been changed due to some problems with the Highway Department per- mit.and some other facets of the bid. (5) Copies of the Phase I Contract with Johnson and Williams are available. This will be considered at the next Public Works Committee meeting. (6) Mr. Hatcher has asked him if it would be possible for him to discuss the Town' s I/I Study with the Council of Purcellville. He asked permission to do this . There was no objection. Councilman Newman asked that an item on the Agenda concerning street lighting be sent back to Committee. It needs more work before being con- sidered by Council . Councilman Bange had the following items : (1) The Planning Commission asked that he inquire as to the possi- bility of having some expert services to aid the Commission in setting up the Capital Improvements Program. (2) At the direction of Council, he asked Chairman Leach to try to get the Comprehensive Plan Study Committees into action.and, particularly, the Old and Historic District Committee. Mr. Webb has advised that he did attempt to hold a meeting but was unsuccessful . Mr. Leach directed Mr. Webb to move on this as quickly as possible. (3) There are areas in Town that still need cleaning up. Councilman Rock agreed with this . Mayor Hill said, if they are not -going to do this , then the Town will do the work and bill them. Mr. Devero felt that re- sponse to this program has been better than in the past and complimented the Town crews on their work. Potter' s Field looks particularly good. Mayor Hill read a letter to the Homeowners in Country Club Subdivision, Section 3, from Jeffrey Sneider and dated April 3, 1975 concerning reduc- tion andccessationeoficustomer services. He was sorry that the Town did not have this letter on April 4th in order that the Town might have moved on this problem at that time. He assured residents of that area (there were four in the audience) that the Town will do everything in its power to get this street completed. If this problem is not resolved as a result of the forthcoming meeting between Mr. Keenan and Mr. Sneider, then the Town will pursue legal action. Mr. Lanham, a resident of the Country Club area, commented on Mr. Sneider' s actions and felt that nothing would be done until he is pressured into it. He thanked the Mayor and Council for the quick action on the repair of the streets. Mayor Hill said the Town will not "let them down" this winter, although it is anticipated that this work will be completed before that time. Council discussed this matter at length and, on motion of Councilman Titus, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the Town Attorney be directed to file suit against the Republic Insurance Company in the matter of Jeffrey Sneider on or before September 22, 1975 if the Town Manager is not satisfied .with the results of the meeting between Jeffrey Sneider and Republic Insurance Company on September 17 , 1975. 135 SEPTEMBER 10, 1975 MEETING. There was further discussion and it was Council ' s feeling that the Town Manager and Town Attorney attend the meeting in New York if this would be allowed. It was also suggested that any agreement reached at this meet- ing be documented in writing. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill . . Nay: None. It was suggested that Mn Keenan and Mr. Sneider be apprised of this action IItomorrow morning. Mayor Hill stated that the Town has the bid for this work ready to go out just as soon as some commitment of money is received. Mayor Hill asked that Council consider a Proclamation attached to the Addition to the Agenda. On motion of Councilman Rock, seconded by Council- man Orr, the following Proclamation was unanimously adopted, as shown: PROCLAMATION WHEREAS, September 17, 1975 marks the one hundred eighty-eighth anniversary of the adoption of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, to accord official recognition to this memorable anni- versary, and to the patriotic exercise that will form a note- worthy feature of the occasion, seems fitting and proper; and WHEREAS, Public Law No. 915 guarantees the issuing of a procla- mation each year by the President of the United States of America, designating September 17 through 23 as Constitution Week, NOW, THEREFORE, I, G. DEWEY HILL, by virtue of the authority vested in me as Mayor of the Town of Leesburg in- the State of Virginia, do hereby proclaim the week of September 17 through 23, 1975 as II CONSTITUTION WEEK in the Town of Leesburg, and urge all our citizens to pay special attention during that week to our Federal Constitution and the advantages of American Citizenship. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of-the Town of Leesburg• to be affixed this •10th• day of September in the year of our Lord one thousand nine hundred and seventy-five and the independence of -the United States of America, the one hundred and ninety-ninth. f (SEAL) Mayor, To n eesburg Clerk 'of the Council Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None. Mayor Hill read to Council a letter of complaint from Mrs . Ruth IBishop and Mrs. Savopoulos concerning the noise and vibration from racing - cars in the nearby area on East Royal Street. Chief Kidwell advised that the subjects involved work on racing cars at the old ice plant. They have been asked by the Police Department to cut down the 'noise and to cease operations at 10: 00 P.M. However, complaints have been received since . that time. Mr. Kidwell said he has asked the Fire Marshal to check into condemnation of the building and he will investigate further .with the Health Department on' this. Theyrhave been patrolling the area trying to keep the noise down. The question arose as to what is meant by "disturb- _. - ing the peace. " Chief Kidwell said that, in order to arrest a subject on this charge, they would have to catch him in the act. Mayor Hill asked that the Town Manager and the Chef:'of Police consult with the Town At- torney to see if something can be done to offer some help to the resi- dents of this area. 136 SEPTEMBER 10, 1975 MEETING. On motion of Councilman Bange, seconded by Councilman Orr, the fol- lowing resolution was proposed: BE IT RESOLVED, that Mr. James N. Wilhoit be and he is hereby granted permission to encroach upon the right-of-way on the west side of South Wirt Street with a chimney a distance of approximately 12 inches . Mr. Wilhoit exhibited drawings, showing the construction he proposes. Councilman Bange said Mr. Wilhoit will not actually be encroa thing at all - he will' be 15 inches back of the sidewalk. Mr. Forbes explained that it is assumed that the old section of the building is the right- of-way line, so this was the basis for the 12" . Councilman Rock felt that there should be a survey of the property. The resolution was then adopted by a vote of 5 for, 1 against and 1 abstention, as shown below: Aye: Councilmen Bange, Newman, Orr, Ridder and Mayor Hill. Nay: Councilman Rock. Abstention: Councilman Titus . On motion of Councilman Ridder, seconded by Councilman Bange, the fol- i..: lowing resolution was proposed: BE IT RESOLVED by the Town Council of the Town of Leesburg, Vir- ginia, that it agrees with the 'bird Track Approach proposed by the Northern Virginia Planning District Commission, as it per- tains to the Town of Leesburg, and hereby requests the Mayor to represent the Town at the Joint Public Hearing by the Virginia State Water Control Board and the Northern Virginia Planning District Commission on September 11, 1975, to convey the Council ' s concurrence in the Study Area One Phase of the Amendment to the Water Quality Management Plan. Mayor Hill read the prepared statement he expects to give at the meeting tomorrow and added that the Planning Commission has approved this also. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the fol- lowing resolution was proposed: BE IT RESOLVED, that the Town Attorney be and he is hereby author- ized and directed to prepare the necessary instrument to vacate an easement on Town property, subject to the Purchase Agreement with King Street Properties, in accordance with a letter from . . Mr. Joel W. Roberson to Mr. E. Wesley Devero dated September 2, 1975. It was explained that Mr. Roberson is asking for three parking spaces in the rear of his building in exchange for the easement, these spaces to be used as a loading zone. Councilman Titus understood that these three spaces are to be used for loading - not for employee parking. Mr. Devero advised that this would not be effective for a year. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the Town Manager be andfhe is ;hereby author- ized; to purchase a RAY-GO 2-36 Tandem Vibratory Roller with diesel engine from Whitmore & Arnold, Inc. , in accordance with their quo- tation in the amount of $8, 267 . 70, and BE IT FURTHER RESOLVED, that an amount of $8, 267 . 70 be appro- priated for this purchase from Account #10110. 807. 137 SEPTEMBER 10, 1975 MINUTES . David Frye, Street Superintendent, said that this roller is what they need to replace the old one. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay: None. Councilman Orr- left the meeting at this time. On motion of Councilman Newman, seconded by Councilman Rock, the II following resolution was proposed: BE IT RESOLVED, that the Town Manager be and he is hereby authorized to purchase a 7" VPX MAZ=O-EATOR, with 5 H. P. motor and 2S Control from Robbins & Myers, in accordance with a price quoted by Mr. Rick Strait in the amount of $5, 550. 00, and BE IT FURTHER RESOLVED, that an amount of $5, 550. 00 be ap- propriated for this purchase from Utility Account #10310. 804. Mr. Devero explained that this is equipment needed at the Sewage Treat- ment Plant. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill: Nay: None. On motion of Councilman Titus, seconded by Councilman Rock, the fol- lowing resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the Town Manager be and he is hereby author- ized and directed to have. published in the: Loudoun- Times-Mirror on September 18, 1975 and September 25, 1975 the following ad- vertisement : II PUBLIC NOTICE Notice is hereby given that a Public Hearing will be held by the Leesburg Town Council on October 8; 1975 at 7 : 30 P.M. in the Council Chambers, 10 West Loudoun Street, Leesburg, Vir- ginia, to consider the following proposed amendment to the Leesburg Zoning Ordinance: Delete Section 9-3 in its entirety and insert in place thereof the following: 9-3 Violation and Penalties • The violation of any provision of this Ordinance shall be a misdemeanor and any person, firm or corporation found guilty thereof shall be fined not less than ten dollars ($10. 00) nor more than one thousand dollars ($1, 000. 00) . At this hearing all persons desiring to express their views pertinent to said proposed amendment will be heard. By: G. Dewey Hill Mayor IITown of Leesburg, Virginia Councilman Titus asked Mr. Forbes to check out the signs that are posted on the Flower Shop below White' s Store daily or weekly. There are times when these: signs blow all over the street. Aye: Councilmen Bange, Newman, Ridder, Rock, Titus. and Mayor Hill . Nay: None. 138 SEPTEMBER 10, 1975 MEETING. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the following appropriations be made: Reflecting Accounts Payable - Year ending June 30, 1975: $3, 386. 26 - Johnson and Williams - 12" water line Rt. 15 across Rt. 7 By-Pass - Utility Fund #1300. 915. Current Year: $2, 735. 37 - Johnson and Williams - Biological review and II bid document for typical Type I Wells. - Utility Fund #10120. 816. Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill . Nay: None. Councilman Titus requested Mr. Timberlake to review the payments of funds made to Johnson and Williams on the Water Plant and Transmission Main alone and prepare an itemized accounting up-to-date. On motion of Councilman Bange, seconded by Councilman Ridder, Council voted unanimously to go into executive session to' discuss legal matters and personnel at 9: 52 P.M. Council reconvened at 10: 27 P.M. On :motioneof Councilman Newman, seconded by Councilman Rock; the following resolution was proposed: BE IT RESOLVED, that an offer of compromise for payment by Leesburg Manor, Inc. , made by letter from Samuel Engle to E. Wesley Devero dated August 4, 1975, be and the same is hereby rejected, and full payment at the applicable rate is hereby de- manded on or before September 24, 1975 at 4: 00 P.M. Councilman. Titus explained that this involves a long overdue payment by Leesburg Manor for availability fees . The resolution was then adoptedusl• 5d,to I . as shown: Aye: Councilmen Bange, Newman, Ridder, Rock, arida,: aid Mayor Hill . Nay: Councilman Titus. Mayor Hill said Council is in receipt of a letter of resignation from Councilman Ridder, effective at the close of business on September 10. He said this resignation will be accepted with regret. Mr. Ridder has served faithfully and diligently and with honor to himself and the Town. He wished him luck in his move to Baltimore. On motion of Councilman Rock, seconded by Councilman Bange, the fol- lowing resolution was proposed and unanimously adopted: BE IT RESOLVED, that Council accepts Herbert L. Ridder' s resig- nation with regret, effective at the close of business on• Sep- tember 10, 1975. fol tseci mekti gg of the Council was called by the Mayor immediately nwth fiibsf eigittLilman Rock, seconded by Councilman Bange, the meeting was adjourned at 10: 30 P.M. II le c-- (1 i lara • May _<,04.--c--e---(71 if•-!--"--7-) erk ot e Council