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
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