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