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HomeMy Public PortalAbout1977_09_14 Nts MINUTES OF REGULAR MEETING •OF LEESBURG TOWN COUNCIL, SEPTEMBER 14, 293 1977. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on Sep- tember 14, 1977 . The meeting was called to order by the Mayor at 7 : 40 P.M. , with the invocation being given by Mr. Herrell , and fol- lowed by the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley D. Herrell , Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope and Town Attorney George M. Martin. The minutes of the regular meeting of August 24, 1977 were ap- proved as written. Certificates of Commendation were presented by Mayor Newman to Private First Class Raymond A. Sullivan and Officer Frank Beeton for outstanding performance on July 23, 1977 by being alert and assist- ing with the arrest of a felon in connection with an incident at the Virginia Sportsman Store. Public Hearing on Block Parties . �; A public hearing was held at this time concerning the addition ra of a new section to the Town Code on Block Parties. There was no- one to speak either for or against the proposed ordinance, nor were there any comments by members of Council. The hearing was, there- :: fore, declared closed by Mayor Newman. Resolution of Respect for Maurice Lowenbach. On motion of Mr. Titus, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Council notes with deep sadness the death of Maurice Lowenbach,- who died in Leesburg, -Virginia on Aug- ust 24, 1977 ; and WHEREAS, Mr. Lowenbach served the Town of Leesburg as Mayor for five years and as a Councilmember for seven years ; and WHEREAS, Mr. Lowenbach did ably serve as a member of the Planning Commission, the Board of Zoning Appeals, the Air- port Commission and the Board of Architectural Review; and WHEREAS, Mr. Lowenbach was a dedicated and active civic leader: NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, that the Mayor and members of Council do hereby extend to Mr. Lowenbach' s family their deepest 'sym- pathy; and BE IT FURTHER RESOLVED by the Council for the Town of Lees- burg, that this resolution of respect be spread upon the minutes of this meeting and that a copy be sent to Mr. Lowenbach' s widow. • Aye: Councilmembers Bange, Cole, Herrell , Rock, -Titus, Tolbert and Mayor Newman. Nay: None. Proclamation on Constitution Week. The following Proclamation was made by Mayor Mary Anne Newman: WHEREAS, September 17 , 1977 marks the one hundred ninetieth anniversary of the adoption of the Constitution of the United States 'of America by the Constitutional Convention; and 294 MINUTES OF SEPTEMBER 14, 1977 MEETING. WHEREAS, to accord official recognition to this memorable anniversary, and to the patriotic exercise that will form a noteworthy feature of the occasion, seems fitting and proper; and WHEREAS, Public Law No. 915 _guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE, I, MARY ANNE NEWMAN, by virtue of the au- thority vested in me as Mayor of the Town of Leesburg in the State of Virginia, do hereby proclaim the week of Sep- tember 17 through 23, 1977 as CONSTITUTION WEEK in the Town of Leesburg, ,and urge all our citizens to pay" special attention during that week to our Federal Consti- tution 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 14th day of September in the year of our Lord one thousand nine- hundred and seventy-seven and the independence of the United States of America, the two hundred and first. (SEAL) Mayor, Town of Leesburg ATTEST: Clerk of the Council 77-0-15 - Ordinance - Regarding Block Parties . - • On motion of Mr. Rock, seconded by Mr. Tolbert, the following ordinance was proposed: BE IT ORDAINED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The Town Code is hereby amended by adding a new section to be numbered Sec. 10-13. 1, which shall read as fol- lows : Sec. 10-13. 1. Block Parties (a) As used in this section, the word "block party" shall mean an organized non-commercial , social gathering con- ducted upon a public non-primary street by persons within the neighborhood surrounding the street for community fel- lowship and entertainment. (b) The Manager may authorize, by permit, the temporary closing of all or a portion of a public street for the purpose of holding a block party upon a request for same signed by three persons who reside on the street proposed to be closed. The Manager shall, report each block party permit approval or denial to the Council at the next meet- ing thereof following any such approval or denial . (c) Prior to the issuance of any block party permit, the Chief of Police and other appropriate department directors shall review the request to determine the effect on traf- fic egress and ingress within the neighborhood. Appro- priate signage shall be posted to alert non-local traffic of any temporary street closure authorized in accordance with this section. SECTION II. This ordinance shall be in full force and ef- fect from and after its passage. 295 MINUTES OF SEPTEMBER 14, 1977 MEETING. On motion of Mr. Titus , seconded ,by Mr. Rock, Council voted unanimously to amend Sec. (b) on the fourth line, to read as fol- lows : signed by "at least 51 percent of the"- persons who reside Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. On motion of Mr. Titus, • seconded by. Mr. Cole, Council voted unanimously to amend Sec. (c) on""the second line, to read as fol- lows: Chief of Police, "the Fire Marshal" and other Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. The ordinance, as amended, was then adopted by a vote of 6 to 1 and reads as follows : BE IT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. The Town Code is hereby amended by adding a new section to be numbered Sec. 10-13. 1, which shall read as follows : Sec. 10-13. 1.. Block Parties • (a) As used in this section, the word "block party" shall mean an .organized, • non-commercial , social gathering con- ducted upon a public non-primary, street by. persons •within the neighborhood surrounding the street for community fel- , lowship and entertainment. (b) The Manager may authorize, by permit, the temporary closing of all or a portion of a public street for the purpose of holding a block party upon a request for same signed by at least 51 percent of the persons who reside on the street proposed to be closed. The Manager shall report each block party permit approval or denial to the Council at the next meeting thereof following any such approval or denial. (c) Prior to the issuance of any block party permit; the Chief of Police, the Fire Marshal and other appro- priate department directors shall review the request to determine the effect on traffic egress and ingress -within the neighborhood. Appropriate signage shall be posted to alert non-local traffic of any. temporary street closure authorized in accordance with this section. • - • SECTION II. This ordinance shall be in full .force and ef- fect from and after its passage. Mr. Titus felt that this ordinance is too broad - there are no time limits - and he could foresee -potential abuseof it. - Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. 77-0-16 - Ordinance - Amending the Leesburg Fire Code. On motion of Mr. Titus , seconded by Mr. Cole, the following ordinance was proposed: BE IT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : 296 MINUTES OF SEPTEMBER 14, 1977 MEETING. SECTION I. • That the Town Code is hereby amended by adding a new 'section, to be numbered Section 7-32. 1, which said section reads as follows : Sec. 7-32. 1 . Additional powers and duties of Fire Marshal. In addition to such other duties as may be pre- scribed by law, the Municipal Fire `Marshal- and -his assistants, if eligible under the provisions of - Sec. 27-34. 2 of the Code of Virginia, shall have . the authority to arrest, to procure and serve war- rants of arrests and issue summonses in the manner authorized by general law for violation of the Town- - '- - ' Fire Prevention Code and related ordinances. In ad- dition, the Municipal Fire Marshal and his assistants, -if -eligible under Sec. 27-34. 2 : 1 of the- Code of Virginia, shall have the same powers as a police officer in the investigation and prosecution of all' offenses involving fires, fire bombings, bombings, •attempts or threats to commit such offenses, false alarms relating •to such of- fenses, possession and manufacture of explosive devices, substances and fire bombs. The Municipal Fire Marshal and his assistants shall have the authority to exercise in the same manner 'and subject to the same conditions the powers conferred upon other authorities by Sec. 27-81(b) of the Code of Virginia within the limitations set forth in Sec. 27-34. 3 of the Code of Virginia. • • SECTION II. That an emergency exists and this Ordinance shall be in full force and effect from and after its pas- sage. _ - Mr. Niccolls explained that this ordinance.will put into our Code the details necessary so that we are in compliance with the State law on fire marshal training. Mayor Newman understood that one of the County employees is now in the process of receiving this train- ing. Mr. Titus felt that there is constant abuse of the--fire 'lane regulations. Mr. Niccolls said summonses are being issued by the Town Police officers now - he referred to the 'report• from• the Police Chief concerning the number of such tickets issued. Most of these are being paid off in the form of the specified fine. -The ordinance was unanimously adopted: . Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. • 77-0-17 - Ordinance - Establishing excess water use charges. On motion of Mr. Cole, seconded by Mr. Tolbert, the following ordinance was proposed: ' ORDAINED by the CounciPof the Town of :Leesburg, Virginia, as follows : SECTION I. Rates and fees for the use of the public water works of the Town established by Article III, Chapter 19, of the Town Code are revised to be as follows : (a) Each-water consumer whose residential premises with- in the town is 'connected to the water system shall pay to the town for the connection and for water at the rates pro- provided below for each residential -unit' served: $0. 80 per 1, 000 gallons for the first 4, 000 gallons delivered monthly, plus $1. 60 - ' per 1 , 000 gallons for the next 2, 000 gallons delivered monthly, plus $3. 20 per 1, 000 in excess of 6, 000 gallons delivered monthly. . 297 MINUTES OF SEPTEMBER 14, 1977 MEETING. (b) Each water consumer whose non-residential premises within the town is connected to the water system shall pay to the town for the connection and for water at the rates provided below for each metered connection: . $0. 80 per 1 , 000 gallons delivered for up to one-third the prior .year' s average .monthly _usage, plus $1 . 60 per 1, 000 gallons for the next 2,000 gallons delivered monthly, plus $3. 20 per 1 , 000 gallons delivered for all use over one-third the prior year' s average monthly usage, plus 2, 000 gallons. (c) Each water consumer whose residential premises . outside the town is connected to the water system shall pay to the town for the connection and for water at the rates provided below for each residential unit. served: $1 . 20 per 1, 000 gallons 'for the first 4, 000 gallons delivered monthly, plus $2. 40 per 1 , 000 gallons for the next 2, 000 gallons delivered monthly, plus $4. 80 per 1, 000 gallons in excess of 6, 000 gallons delivered monthly. . (d) Each water consumer whose non-residential premises outside the town is connected to the water system shall . 3 pay to the town for the connection and for water at the rates provided below for each .metered connection: $1. 20 per 1 , 000 gallons delivered for up to one-third of the prior year' s average monthly usage, plus $2. 40 per 1, 000 gallons for the next 2, 000 gallons delivered monthly, plus $4. 80 per 1 , 000 gallons delivered for all use over one- ' ' third of the prior year' s average monthly usage, plus 2,000 gallons. (e) In addition to the charge for meter usage for water, there shall be a charge of $2. 00 quarterly for each metered connection within the town and $3. 00 quarterly for each metered connection outside the town. SECTION II. Billing and collection regulations established in Article III, Chapter 19, of the Town Code are _continued in effect except as modified below: (a) Non-residential average monthly usages shall be ad- justed by the Manager for new users or if the prior year experience was distorted by leaks, business interruptions or other reasons. (b) Rates established in Section I are for periods, of one month but total charges may be billed and paid quarterly. (c) Existing rates of charge for sewer service are un- changed. (d) Charges shall be calculated to the nearest 1, 000 gal- ions of water delivered. (e) Excess use charges for hospitals shall begin after two-thirds of the prior year' s monthly average use is de- livered. SECTION III. An emergency is declared and this ordinance shall be in effect from its passage. Mayor Newman said she did not feel that all of the town' s water users are trying to conserve water - .they have tried thenews media, news- letters and hand bills delivered to every resident, but they are still not reaching the goal of 500, 000 gallons per day.. She cited an inci- dent where a public works employee found a woman in Normandy Village watering her lawn. She said she "would stop when the water stops coming out of the hose. " Mr. Titus felt that this ordinance has its 298 MINUTES OF SEPTEMBER 14, 1977 MEETING. merits, but he did not think the financial end would stop people from using water. Mr. Bange agreed with this, but he felt there should be some legislation to enforce the conservation of water. On motion of Mr. Rock, seconded by Mr. Tolbert, it was proposed to change the stated rate's in- Section' I, Paragraphs ' (a) and (c)' to read as follows: (a) $0. 80 per 1, 000 gallons for the''first 4, 400 gallons plus $7. 20 per 1, 000 in exness of 6, 400 gallons • (c) $1. 20 per 1 , 000 gallons for the first' 4; 400 gallons plus $T+. 80 per 1 , 000 gallons in excess of 6; 400 gallons ' A roll call vote on this amendment was 6 to 1 : Aye: Councilmembers Bange, *Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. Mr. Rock questioned the effective 'date of this ' ordinance. After some discussion, it was decided that the ordinance would become effective immediately. gMr. Bange felt it not fair to penalize the person try- ing to conserve becauseanother uses as much water as he wishes. Mr. Niccolls said there are very few equitable ways to handle this and he still recommends the economical measure - pricing affects con- sumption; The question then arose as to whether this is a temporary measure. Mr. Titus felt that it is not - it is a permanent increase. ' Mayor 'Newman said that, as long as we are dependent on the wells for our water supply, this ordinance could be on the books for quite some time. Should we build a plant, this would not even touch it. Mr. Rock supported the resolution, with 'the exception of Section III, he felt that this should proceed through the proper channels. Mr. Bange was in favor of it as written, however, if this does not work, he would still like to see some stronger legislation. Mr. Niccolls re- minded that the Town does have regulations which make the violation of the rules established by Council a misdemeanor. There have been no violations that justify 'this yet. Mr. Niccolls said that well performance is still very erratic. - some days they produce more than others. We need a reserve of. ca- pacity from these wells and pumps so that in the event of another breakdown, we can produce the water to operate the system: When we run low in pressure, it becomes a dangerous situation and could be a health hazard. The most critical and essential objective is to push consumption down so -that we have a 25 percent reserve in pumping capacity'. • The condition of the reserve at this time is that the "hospital" tank is at the mark and' 17 feet low at the new one. Activities are being gauged on the old one - no attempt is being made to fill the 'new one. On motion of Mr. Rock, seconded by Mr. Titus , Council voted by unanimous roll call vote, to change Sec. 2(d) to read as follows : to the nearest 100 gallons . Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus , Tolbert and Mayor Newman. Nay: None. ' The ordinance, as amended, was then adopted by a roll call vote of 5 to 2, with the ordinance now reading as follows: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : ' • SECTION I. Rates and fees for the use of the public water works of the Town established by Article III, Chapter 19, of the Town Code are revised to be as follows : (a) Each water consumer whose residential premises within the town is connected to the- water system shall' pay to' the town for the connection and for water et the rates. provided below for each residential unit served. 299 MINUTES OF SEPTEMBER 14, 1977 MEETING: ' $0. 80 per 1 , 000 gallons for the first 4,400 gallons _delivered monthly, plus $1. 60 per 1, 000 gallons for the next 2, 000 gallons delivered monthly, plus $3. 20 per 1 , 000 in excess of 6, 400 gallons delivered monthly. (b) Each water. consumer whose- non-residential premises within the town is connected to the water system shall pay to the town for the connection and for water at the rates provided below for each metered connection: $0. 80 per 1, 000 gallons delivered for up to one-third the prior year' s average monthly usage, plus $1 . 60 per 1 , 000 gallons for the next 2, 000 gallons delivered monthly, plus $3. 20 per 1 , 000 gallons delivered for all use over one-third the prior year' s average monthly usage, plus 2, 000 gallons. (c) Each water consumer whose residential premises outside the town is connected to the water system shall pay to the town for the connection and for water at the rates provided below for each .residential unit served: $1. 20 per 1, 000 gallons for the first 4, 400 gallons delivered monthly, plus $2. 40 per 1 , 000 gallons for the next 2, 000 gallons delivered monthly, plus $4. 80 per 1, 000 gallons in excess of 6, 400 gallons delivered monthly. (d) Each water consumer whose non-residential premises outside the town is connected to the water system shall pay to the town for the connection and for water at the rates provided below for each metered connection: $1 . 20 per 1 , 000 gallons delivered for up to one-third of the prior year' s average monthly usage, plus $2. 40 per 1 , 000 gallons for the next 2, 000 gallons delivered monthly, plus $4. 80 per 1 , 000 gallons delivered for all use over one- third of the prior year' s average monthly usage, plus 2,000 gallons. (e) In addition to the charge for meter usage for water, there shall be a charge of $2. 00 quarterly for each metered connection within the town and $3. 00 quarterly for each metered connection outside the town. SECTION II. Billing and collection regulations established in Article III, Chapter 19, of the Town Code are continued in effect except as modified below: (a) Non-residential average monthly usages shall be ad- justed by the Manager for new users or if the prior year experience was distorted by leaks , business interruptions or other reasons. (b) Rates established in Section I are for periods of one month but total charges may be billed and paid quarter- ly. (c) Existing rates of charge for sewer service are un- changed. (d) Charges shall be calculated to the nearest 100 gal- lons of water delivered. (e) Excess use charges for hospitals shall .begin after two-thirds of the prior year' s monthly average use is delivered. 300 MINUTES OF SEPTEMBER 14, 1977 MEETING. SECTION_III. An emergency is declared and this Ordinance shall be -in effect from its passage. Aye: Councilmembers Bange, Cole, Titus , Tolbert and Mayor Newman. Nay: Councilmembers Herrell and Rock. 77-161 . - Resolution - Appointing a Fire Marshal. On motion of Mr. Titus, seconded by Mr. Cole, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg,- Virginia, as follows : • Mr. 0. R. Dube, -County of Loudoun Fire Marshal , is hereby appointed to the position of Municipal Fire Marshal , in accordance with 'Sectton 7-28 of the Town Code. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. ' Nay: None. Proposed encroachment by C. Herbert Pearson on Town right-of-way. On motion of Mr. Bange, seconded by Mayor Newman, a resolution granting permission to Mr. Pearson to encroach on the sidewalk at 23-25 South King Street was proposed. Mr. Titus raised the ques- tion as to whether or not the Highway Department has approved this for purposes of maintenance money. In view of the fact that this has not been cleared yet, the motion was withdrawn by the makers. On motion of Mayor Newman, seconded by Mr. Bange, Council voted 6 to 1 to send this back to workshop: Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: Councilmember Rock. 77-162 - Resolution - Concerning a site plan for improvement of part of Parcel M, Section 1, Virginia Village. • Noting that a record was being made of the proceedings by a reporter for the petitioner, Mr. Rock objected to this procedure since an of- ficial record is made by the Town. On motion of Mr. Rock, seconded• by Mr. Tolbert, Council voted 5 to 2 to repeal Resolution No. 77-138, which .resolution was adopted on August 10, 1977 and which denied the application for filling and enclosure of a flood plain: Aye: Councilmembers Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: - Councilmembers Bange and Titus. • On motion of Mr. Cole, seconded by Mr. Titus(for purposes of dis- cussion) , the following resolution was proposed: WHEREAS, the application of John W. Gibson, Trustee, for ap- proval of a site plan for improvement of part of Parcel M, Section 1 , of Virginia Village has been-received, reviewed by the Planning Commission and found to be in compliance with Chapter 9A of the Zoning Ordinance except that the plan proposes filling within the 100 year flood plain, bringing the application under the provisions of Section 9A-5-3. 12 of the Zoning Ordinance; and WHEREAS, the Director of Engineering, after receipt of re- ports of investigations conducted by Toups and Loiederman, professional engineers, concluding that the plan as pro- posed does not increase the flood hazard of lands adjacent to Tuscarora Creek contrary to town policy, has found the terms of Sec. 9A-5-3. 12 of the Zoning Ordinance. have been met by the application: 301• MINUTES OF SEPTEMBER 14, 1977 MEETING. NOW RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : The filling in and enclosure of the flood plain area as proposed on the site plan for improvement of part of Lot M, Section 1, Virginia Village, is approved on the condi- tion the applicant guarantees, as part of required public improvements, completion of Tuscarora Creek .channel im- provements necessary to prevent any increase in the flood hazard to adjoining properties. The Clerk shall transmit a copy of this resolution and the September 2nd letter from Mr. Richard Striegel of Toups and Loialerman to the Planning Commission for further con- sideration of this site plan proposal. Mr. Rock asked what the "guarantee" includes. Mr. Niccolls said this would include showing the improvements as part of the plans for public improvements on the site plan, including the cost esti- mate for the work on the contract and the posting of a bond for public improvements adequate for the costs. Mr. Grayson Hanes, attorney for the applicant , understood that, if this resolution is adopted, the Town will require bonding of the channelization of the off-site portion of the Tuscarora Creek as shown on the plans submitted to the Town as a part of the site plan. His 9-4 client would then have to make the decision as to whether he will go ahead with this. Mr. Niccolls said there is the issue of the $20, 000 to do this work - it is the staff' s position to recommend that Council reject this offer. Mr. Shope has esti- mated that the work can be done for less than that. Mr. Hanes said that this is on part of the land given to the Town by Ches- ter Williams - it would, therefore, require the Town' s permission to construct the work. He understood that there will be a very slight decrease in the flooding if this work is done. Mr. Titus asked if the Council will work with Mr. Hanes ' client in securing the easement for this portion of the work. There than followed lengthy discussion as to whether the length of channelization proposed was 520 feet or 2, 000 feet. Mr. Hanes suggested that he would prefer to wait until this matter• has, been clarified if there is any doubt about it. After some furthe_" discussion, it was felt that the resolution itself would not make any difference - it would still state the "required public improvements. " Council then adopted the resolution by a vote of 4 to 3: Aye: Councilmembers Bange, Cole, Herrell and Mayor Newman. Nay: Councilmembers Rock, 'Titus and Tolbert. 77-163 - Resolution - Authorizing investment of cash performance and maintenance bonds and payment of interest earned. On motion of Mr. Titus, seconded by Mr. Rock; the following resolution was -proposed and unanimously adopted: RESOLVED by the Council of the Townsof Leesburg, , Virginia, as follows : SECTION: I. The Director of Finance is authorized• and di- rected to invest cash performance and maintenance bonds of $1 , 000 or more in federally insured and properly secured bank or savings and loan association interest bearing de- posits. • SECTION II. Banks and savings and loan associations in Leesburg shall be given an opportunity to bid for such de- posits which are to be awarded by the Director of Finance to the bank or savings and ' loan' association offering the highest yield. -SECTION III. Interest earned on the deposits shall be paid upon release of the bond to the person posting the bond. 302 MINUTES OF SEPTEMBER 14, 1977 MEETING. SECTION IV. Cash performance and maintenance bonds of less than $1 , 000 shall be deposited and retained without interest in the escrow account established for the purpose by the Director of Finance until released. - Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-164 - Resolution - Commenting on the designation of solid waste management planning areas. On motion of Mr. Titus, seconded by Mr. Rock, the following resolution was proposed: WHEREAS , the Town of Leesburg has been invited to comment on the designation of solid waste management planning areas as described in Section 4006(a) of the Resource Conservation and Recovery Act • of 1976" THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The concept of designating Virginia' s counties as the solid waste planning regions for the State is endorsed. On motion of Mr. Titus, seconded by .Mr. Rock, an amendment to change the last paragraph to read as follows was unanimously adopted: The .concept of designating Virginia' s counties as their solid waste planning regions for the State is endorsed. Aye : Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. The resolution, as amended, was then unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-165 - Resolution - Authorizing advertisement for bids for lease of real property owned by the Town of Leesburg. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed and adopted by a vote of 6 to 1 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The annexed Ordinance entitled "AN ORDINANCE GRANTING A LEASE TO , ITS SUCCESSORS AND ASSIGNS, OF CERTAIN REAL PROPERTY WITHIN THE TOWN OF LEESBURG, VIRGINIA, " shall be advertised once a week for four successive weeks in the Loudoun Times-Mirror, a news- paper published in the Town of Leesburg, Virginia, and hav- ing a general circulation in the Town of Leesburg; and that said advertisement shall invite bids for the Lease proposed to be granted in said Ordinance. SECTION II. The Public Notice to be published with said Ordinance shall be as follows : "The Town of Leesburg, Loudoun County, Virginia, hereby invites sealed bid proposals for the Lease proposed to be granted in the following Ordinance. The Public Notice, Instructions to Bidders, Proposal Form and Lease consti- tute the Invitation to Bidders for the Lease described and are available in the office of the Town Manager, P. 0. Box 88, Leesburg, Virginia 22075, during regular office hours. Bids are to be delivered to the Mayor of the Town in open session of Council to be held in the Council Cham- bers of the Town on October 26, 1977, at 7 : 30 p.m. MINUTES OF SEPTEMBER 14, 1977 MEETING. O The successful bidder shall pay the cost of advertising this Lease. The Town reserves the right to reject any and all bids, to waive any informalities, and to award the Lease in the best interest of the Town. " Aye: . Councilmembers ,Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. 77-166 - Resolution - Accepting public improvements, releasing per- formance sond and authorizing acceptance of maintenance bond for Plaza Drive. On motion of Mr. Titus, seconded .by Mr. Rock, the following resolution was proposed: WHEREAS, the developer for ,Plaza Drive has completed all public improvements in accordance 'with 'Town, Standards and Specifications, and these have been inspected and approved, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The public improvements 'for Plaza Drive are ac- cepted for public use by the Town. SECTION II. The Performance Bond of Fidelity & Deposit Company.` of Maryland in the amount of $10; 000 'for` improve- ments on Plaza Drive, be released upon submission of a Maintenance Bond in the amount of $500. 00 and approval of same by the Town -Attorney. Mr. Titus asked if there have been any major maintenance problems since the curb and gutter were installed. Mr. Niccolls said there have not been any. He said this is the normal procedure - until the Maintenance Bond is presented, the Performance Bond is held. S Mr. Titus asked if 5 percent is adequate. Mr. Niccolls said No, the new Subdivision Ordinance suggests 10 percent. The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, 'Herren, Rock, Titus , Tolbert and Mayor Newman. Nay: None. • 77-167 - Resolution - Making appointments to the Leesburg Airport Commission. On motion of Mr. Rock, seconded by Mr. Cole, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, - Virginia, as follows : The following appointments are made to the Leesburg Airport Commission for the terms indicated herein: John A. Wallace, Jr. for a term expiring June 30, 1978. Ronald Lowry for a term expiring June 30, 1978. • Carl Gregg for a term expiring June 30, 1979. Milo Rumfelt for a term expiring June 30, 1980. Aye: 1 Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-168 - Resolution - Making an appropriation for the fiscal year ending June 30, 1978. On motion of Mr. Rock, seconded by Mr. Cole, the' following resolution was proposed: WHEREAS, the 1977 budget included $15, 000 to pay for expert services, and ® MINUTES OF SEPTEMBER 14, 1977 MEETING. WHEREAS, ,the Old and Historic District Planning Project has extended into the fiscal year 1978, and WHEREAS , the amount 'of ` $1', 0101. 28 will be required to' pay K.D.A. for services• rendered, " 'THEREFORE, RESOLVED by the Council of the: Towing of Leesburg, Virginia, as follows : ' The following appropriation is made for thefiscal year ending June- 30, 1978 :' '" • • Account No. and Name Appropriation 5020. 265 Expert Services $1 , 010. 28 Mayor Newman commented that she hoped a report would be •presented before they are paid. Mr. Niccolls said they will be meeting with the architect tomorrow - a report in final form should be due by October 1st. The bill will not be' paid until this occurs. The resolution was adopted by a vote of 6 to 1 abstention: Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Titus. 77-169 - .Resolution - Making an appropriation for the , fiscal year ending June 30, 1978. . .. On motion of Mr. Rock, seconded by Mr. Cole, , the -following reso- lution was proposed: • RESOLVED by the Council of- the Town of Leesburg, Virginia, as follows : ' An appropriation is made to Account No. 14020-260, Refund of Prior'Years Revenue, in the amount 'of $726. 08 for the fiscal year ending June 30, 1977 . On motion of Mayor Newman, seconded by Mr. Cole, Council voted unanimously to add ""DJCP" before the word "Refund": Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. The . resolution, as amended, was then unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-170 - Resolution - Appropriation for street resurfacing. On motion of Mr. Herrell , 'seconded by Mr. Tolbert, the following resolution was proposed and adopted by a vote of 6 to 1 : RESOLVED' by the Council of the' Town of Leesburg, Virginia, as follows': The following appropriation is made for the fiscal year ending June 30, 1978 : Account No. and Name Appropriation 10110. 809 Street Resurfacing $21 ,738.40 Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. 305 MINUTES OF SEPTEMBER 14, 1977 MEETING. 77-171 - Resolution - Making an appropriation for 1977-78. On motion of Mr. Titus , seconded by Mr. Rock, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The following appropriation is made for the fiscal year ending June 30, 1978 : Account Number and Name Amount 10300. 819 - Utility Relocation •$6, 904. 86 Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-172 - Resolution - Making an appropriation for 1977-78. On motion of Mr. Tolbert, seconded by Mr. Rock, the following resolution was proposed and unanimously adopted: .� RESOLVED by the Council of the Town of Leesburg,. Virginia, as follows : The following appropriation is made for the fiscal year ending` June 30, 1978 : Account Number and Name Appropriation 10300. 217 Repairs to Wells - $ 9, 396. 00 Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman.` Nay: None. 77-173 - Resolution - Making appropriation for the fiscal. year ending June 30, 1978. On motion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The following appropriations are made for the fiscal year ending June 30, 1978 : Account No. & Name Appropriation 10210. 801 Town Office, Remodeling $ 14, 000 10310. 810 Facilities Plan 2, 050 On motion of Mr. Titus, seconded by Mr. Bange, Council voted 6 to 1 to delete the -item for Facilities Plan and to consider it as another resolution: Aye: Councilmembers Bange, Cole,' Herrell, Titus, Tolbert and Mayor Newman. Nay: Councilmember Rock. • The resolution, as amended, was adopted by a vote of 6 to 1 : Aye: Councilmembers Bange, Cole,. Herrell, Rock, Tolbert and Mayor Newman. Nay: „ Councilmember Titus. - ' 306 MINUTES OF SEPTEMBER 14, 1977 MEETING. 77-174 - Resolution - Making an appropriation for the fiscal year • ending June 30, 1978. On motion of Mr. Cole, seconded by Mr. Merrell, the .following resolution was proposed and adopted by a vote of 5 to 2 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The following appropriation is madefor the fiscal -year ending June 30, 1978 : Account No. & Name Appropriation 10310. 810 Facilities Plan $ 2, 050 ' Aye: Councilmembers Bange, Cole, Merrell, Tolbert and Mayor Newman. Nay: Councilmembers Rock and Titus. Reconsideration of Resolution No. 77-162 _ Concerning a site plan for / improvement of part of Parcel M, Section 1, Virginia Village. On motion of Mr. Herrell, seconded by Mr. Bange (for discussion purposes) , Council voted 4 to 3 to reconsider the resolution concern- ing a site plan for improvement of part of Parcel M, Section 1, Vir- ginia Village: Aye: Councilmembers Bange, Cole, Herrell and Tolbert. Nay: Councilmembers Rock and Titus and Mayor Newman. On motion. of Mr. Cole, seconded by Mr. Herrell, Resolution No. 77-162 as adopted earlier was proposed. Mr. Herrell said he was ,not clear on the title, nor on the vote as adopted earlier. Mr.' Bange offered a substitute resolution to send the resolution back to Workshop, how- ever, this died for lack of a second. A roll call vote adopted the resolution as previously adopted: , Aye: Councilmembers Cole, Rock, Tolbert and Mayor Newman. Nay: Councilmembers Herrell and Titus. Pass : Councilmember Bange. Town Manager Niccolls reported as follows : (1) The Andover .Meadows well. will ,be test pumped until about 1 tomorrow. It is producing about 150 gpm. After the test pumping is completed, a decision will have to be made as to whether we want to put a standard pump into it and determine the. potability of the water and the -acceptability by the Health Department. .Dril-ling• is continu- ing at the Carrvale site - they are down to 160 feet and have found a lot of rock. They have been trying to isolate and determine the practicability of some emergency water supplies - the Andover Well, Big Springs, the quarry and the City of Fairfax connection at Xerox. . There are transmission main problems for those located' outside the Town, however, it would be possible to secure transmission main from the State Department of Emergency Services. The couplings and the pumping equipment might be difficult. He felt that a mobiliza- tion period of a week would probably be required.' • Fairfax officials have indicated that, if we hit a real emergency and if it is at mid- week, they may be able to supply water. Conservation measures are still very, very important. (2) He called attention to a letter' received from Mr. Simmons of the State Water Control Board. Mr. DeFalco is preparing notes on a response to the pointsraised in this letter and will be back to Council before October 1st. There is no rush on this. (-3) The Finance Report submitted for July 31 is in a new format and he will be glad to answer any questions on it at the next workshop. The August report should be ready 'shortly - it is a little hard to get these reports out without a Director of Finance. 307 MINUTES OF SEPTEMBER 14, 19.77 MEETING. (4) He called attention to the Activity Report presented tonight. Mr. Cole inquired about the water in the street at the Hospital. Mr. Niccolls said they do not think it is a leak, but arrangements have been made with the Hospital to shut down the water system and see if it will dry up. If it does not , it will be assumed that it is a spring. We picked up samples of the water and there is no chlorine residual in it. None of the:leak detection equipment has proven satisfactory. Mr. Titus asked if the Town has an easement on this water line. This was not known. He said if the Town does not have an easement, this is not the Town' s water problem - it should be taken care of by the owner, or else it should be dedicated to the system. It should be checked to see if there is an easement on record. Mr. Titus asked about the "hole" on West Loudoun Street where someone is constructing a building - he said it is 10 feet deep and is not properly barricaded. He thought the Town right-of-way was either at or behind the sidewalk - this would make the Town liable for any injury caused by this situation. Mr. Niccolls said it should be properly barricaded. Mr. Titus was concerned over the letter from the Water Control Board - especially the discussion concerning I/I. Mr. Niccolls said he would be meeting with Mr. DeFalco ‘next week and he will then have a report - he can come and explain the\ responses. Mr. Titus felt that, if this letter is factual , the Town has a serious problem and S there should be some explanation. 77-175 - Resolution - Granting waiver of Sec. 17-55 and 17-63 of the Town Code for Department of Parks and Recrea- tion for purpose of holding a circus. On motion of Mr. Tolbert, seconded by Mr. Cole, the following resolution was proposed and adopted by a vote of 6 to 1 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Sec. 17-55 of the Town Code pertaining to Amusement Tax and Sec. 17-63 pertaining to Itinerant Vendors is hereby waived for the Loudoun County Department of Parks and Recreation for the purpose of holding a Circus at Leesburg Firemen' s Field on Saturday, September 17, 1977. Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. Mr. Niccolls said Mr. Shope is waiting for information on the Lowenbach trunk sewer line from the designers of the K-Mart store - they have information needed concerning this matter. This will be deferred until the next meeting. Motion . re 'Board of Zoning Appeals decision on K-Mart sign. Mr. Titus said he heartily disapproves the action of the Board of Zoning Appeals in sanctioning the K-Mart sign. He said an effort has been started to get rid of some of the signs on the east end of Leesburg - this will starting this all over again. Mr. Niccolls said if the Council feels that the Board of Zoning Appeals action was not in conformance with zoning regulations and• was not justified as a legitimate variance, he believed that they could direct the Zoning Administrator to not issue the zoning permit and take the matter to Court. He believed that both parties had a right to appeal such de- cisions. He suggested that the Town Attorney could advise on this. On motion of Mr. Titus , seconded by Mr. Rock, Council unanimously voted that: Council be - informed as to what recourses it may have in overturning action of the Board of Zoning Appeals. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 308 MINUTES OF SEPTEMBER 14, 19,77 MEETING." On motion of Mayor Newman, - seconded by Mr. Titus, Council voted 6 to 1 to go into executive session to discuss a legal matter: Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert. and Mayor Newman. - Nay: Councilmember Rock. Council .reconvened .at 10: 11 P.M. on motion. of. Mr.:. Herrell, sec- onded by Mr. Rock. There was no action taken. On motion of Mr. Cole, secbnded by. Mr. Rock,' Council adjourned at 10: 12 P.M. - J • t ► C� ► • ‘470,91 /e 'ayor Clerk Council