HomeMy Public PortalAbout1977_09_28 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 28,
1977.
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A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. The
meeting was called to order by the Mayor at -7 : 33 P.M. , with the in-
vocation being offered by Mr. Cole, and followed with 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 and Assistant to the Manager Jeffrey H. Minor. Town
Attorney George Martinjoined tke .meeting at 7 : 57 'P.M.
The minutes of a reconvened meeting of August 24, 1977, held on
August 31, 1977, were approved with -one correction - that being that
Mr. Herrell was absent for the meeting. The minutes of a special
meeting 'of September 7 were approved as written. '
Mrs. Ruth Dickens , representative from the Blue Ridge Speech
and Hearing Center, offered to answer any questions councilmembers
might have regarding a proposed contribution to the Center.
77-176 - Resolution - Making an appropriation for the fiscal year
ending June 30, 1978.
On motion of Mr. Cole, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
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RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
An appropriation is made to Account No. 14050. 276, Blue
Ridge Speech and Hearing Center, Inc. , in the amount of
$1, 200. 00 for the fiscal year ending June 30, 1978.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus , Tolbert
and Mayor Newman.
Nay: None.
77-0-18 - Ordinance - Amending Section 10-46 of the Town Code.
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
ordinance was proposed and unanimously adopted:
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. That Section 10-46 of the Town Code is hereby
amended to read as follows :
Sec. 10-46. Display of Decal Required.
(a) No person, who is the owner of title to any vehicle
upon which the license fee provided in this Article is im-
posed, shall fail to exhibit a license decal issued under
this Article upon any such motor vehicle. License decals
shall be attached to the front windshield, adjacent to the
inspection sticker, and no higher than three inches from
the bottom.
(b) Failure to display a license decal for the then
current year after April 14 of each year is a misdemeanor
punishable by a fine of up to $20. 00 and each day' s fail-
ure to do so shall constitute a separate offense.
SECTION II. This Ordinance shall be in full force and ef-
fect from and after October 10, 1977.
It was the consensus of Council that this ordinance be puUished
one time in the Loudoun Times-Mirror.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus , Tolbert
and Mayor Newman.
Nay: None.
310 MINUTES OF SEPTEMBER 28, 1977 MEETING.
77-177 - Resolution - Authorizing drainage improvements at the inter-
section of Old Waterford and Morven Park Roads.
On motion of Mr. Herrell (for discussion purposes) , seconded by
Mr. Titus , the following resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The Manager is authorized and directed to con-
struct improvements 'td stormwater drainage at the inter-
section of Old Waterford and Morven Park Road at a cost
not to exceed $6, 000.00.
SECTION II. An appropriation is made to Account No.
10110. 818, Intersection of Old Waterford and Morven Park
Road, in the amount of $6, 000. 00, for the fiscal year
ending June 30, 1978.
SECTION III. The Manager is directed to prepare and sub-
mit for Council approval plans and cost estimates for
sight distance improvements on Old Waterford Road east
of Morven Park Road.
On motion of Mr. Bange, seconded by Mr. Cole, an amendment was pro-
posed to delete Section III of the resolution. Council voted 4 to
3 to adopt this amendment after discussion: - -
Aye: Councilmembers Bange, Cole, Herrell and Tolbert-i •
Nay: Councilmembers Rock, Titus and Mayor Newman.
There followed lengthy -discussion concerning which projects might re-
quire attention on a priority basis ; also, as to whether or not the
remaining $14, 000 in the Budget for this purpose should be deleted.
The resolution, as amended, was adopted by a vote of 5 to 2:
Aye: Councilmembers Bange, Cole, Rock, Titus and Tolbert.
Nay: Councilmember Herrell and Mayor Newman.
77-178 - Resolution - Regarding August Court Days, 1978.
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, the Town Council has endorsed August Court Days as
an annual event in Leesburg for amusement, culture and com-
merce,
WHEREAS, the Loudoun Restoration and Preservation Society,
Inc. , proposes to conduct an August Court Days -1978 cele-
bration within the Town on August 12 and 13:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The closing of King Street from Loudoun to Corn-
wall Streets, and the closing of Market Street from Church
to Wirt Streets, to motor vehicle traffic for use during
August Court Days, 1978, August 12 and 13, is approved pro-
vided, however, persons wishing to use these streets with-
out participating in the August Court Days, 1978 .celebra-
tion shall not be obligated to make any donation for doing
so.
SECTION II. The Loudoun Restoration and Preservation So-
ciety, Inc. , is authorized to use the northwest portion of
the municipal parking lot for August Court Days activities.
SECTION III. The Loudoun Restoration and Preservation So-
ciety, Inc. , shall carry liability insurance coverage in
the amount of $500, 000 bodily injury and $100, 000 property
damage, with the Town of Leesburg being named as additional
insured, for its activities during August Court Days, 1978
and a certificate of insurance for this coverage shall be
furnished to the Town by July 30, 1978.
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MINUTES OF SEPTEMBER 28, 1977 MEETING.
SECTION IV. Section 17-63 of the Town Code is hereby waived
for both •the crafts people and food vendors in connection
with the August Court Days, 1978 program to be held on Aug-
ust 12 and 13, provided all such crafts people and food ven-
dors have registered with the Loudoun Restoration and Preser-
vation Society, Inc. , and the Society has furnished the Town
with a list of those participating in the August Court Days
celebration.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
77-179 - Resolution - Accepting right-of-way for public use.
On motion of Mr. Titus, seconded by Mr. Bange, the following
resolution was proposed:
WHEREAS, by Deed of Dedication made •April 22, 1958 and
filed in the Deed Records of Loudoun County, Virginia,
at Book 382, page 515, a roadway intersecting with State
Route 15 was dedicated to public use; and
WHEREAS, it is appropriate for the town to accept for pub-
lic use and maintenance a part of this roadway:
-+ THEREFORE, RESOLVED, by the Council of the Town of Lees-
= burg, Virginia, as follows :
The western-most 600 feet of that certain right-of-way
dedicated to public use by Deed of Dedication made April 22,
1958 and shown in the Deed Records of Loudoun County, Vir-
ginia, at Book 382, page 515, is hereby accepted for pub-
lic use and maintenance. • .
Mr. Niccolls explained that the 600 feet goes only. as far as the
northwest corner of Dr. Gable' s property, another 140. 65 feet
would take it to the end of . the road in front of .his property,
thus making 740. 65 feet. On motion of Mr. Bange, , seconded by Mr.
Rock, Council voted unanimously to amend the 600 feet to 740. 65
feet:
Aye:. Councilmembers Bange, Cole, Herrell , Rock, Titus , Tolbert
and Mayor Newman.
Nay: None.
The resolution, as amended, was unanimously amended as follows :
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
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Proposedresolution granting to C. Herbert Pearson permission to en-
croach -on Town right-of-way.
On motion of Mr. Rock, seconded by Mr. Cole, Council voted unani-
mously to delay consideration of this resolution until an .apswer is
received from the Highway Department:
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus , Tolbert
and Mayor Newman.
Nay: None.
77-180 - Resolution - Authorizingcontract for asphalt overlay and
making ad. itional appropriation tor fiscal
year 19/ /- /8.
On ,motion of Mr. Rock, seconded by Mr. Bange; the following
resolution was proposed and adopted by a vote of 6 to 1 :
BE IT RESOLVED by the Town Council of the Town -of Leesburg,
Virginia, as follows : .
211 2. MINUTES OF SEPTEMBER 28, 1977 MEETING.
SECTION I. That the manager is authorized and directed to
enter into a unit price contract for asphalt paving with
Tri-County Asphalt Company, Inc. , Leesburg, Virginia, fzx
asphak&xpaxxng as set out in` the 1977 street repair pro-
gram at a price of $19. 50 per ton for S-5 plant mix in
place, plus $ 0. 45 per gallon for RC-2 bituminous prime
with estimated quantities to be 1 , 326 tons of S-5 plant
mix and 2000 gallons of prime at a total estimated cost
of $26, 757. 00.
SECTION II. That the following additional appropriation
is hereby made for the fiscal year ending June 30, 1978 :
Account No. and Name Original Approp. Revised Approp.
10110. 809 Street Resurfacing - 0 - $ 26, 757.00
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: Councilmember Titus.
77-181 - Resolution - Authorizing purchase of one pick-up truck.
On motion of Mr. Tolbert, seconded by Mr. Herrell , the follow-
ing 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 Manager is authorized and directed to enter
into an agreement with Leesburg Motors, Inc. for the pur-
chase of one 1977 model Ford Pick-Up truck at a cost not
to exceed $3, 775. 00.
SECTION II. An appropriation is made to Account #10300. 805
Utility Lines Equipment for fiscal year ending June 30, 1978,
in the amount of $3, 775. 00
Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and
Mayor Newman.
• Nay: Councilmember Titus.
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77-182 - Resolution - Accepting Deed of Easement from Elizabeth Brooks
Riley for waterworks improvements.
On motion of Mr. Cole, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows:
The Deed of Easement made the 15th day of September, 1977,
by and between Elizabeth Brooks Riley 'and the Town of Lees-
burg, for the construction, reconstruction, maintenance,
replacement or repair, use •and inspection of water main or
mains, including necessary appurtenances, over, across,
through and under the land of the Grantor, and for a "tem-
porary construction easement", contiguous to the permanent
easement during the original installation of water main for
any and all purposes related thereto, and which shall be-
come null and void once construction is completed, is here-
by accepted and the Mayor is hereby authorized to acknowl-
edge the same on behalf of the Town.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
77-183 - Resolution - Accepting Deed of Dedication by John A. Wallace,
et ux and Aaron A. Paulson, et ux.
On motion of Mr. Titus , seconded by Mr. Bange, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
stns ' .ss,
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MINUTES OF SEPTEMBER 28, 1977 MEETING. 313
The Deed of Dedication made the 6th day of September, 1977,
by and between John A. Wallace and Helen G. Wallace, his
wife, and Aaron A. Paulson and Rosalie K. Paulson, his wife,
and the Town of Leesburg is hereby accepted and the Mayor
is authorized to acknowledge the same on behalf of the Town.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None. -
Proposed resolution authorizing connection to the municipal sewer
system.
On motion of Mr. Titus (for discussion purposes) , seconded by
Mr. Herrell , a proposed resolution authorizing connection to the
municipal sewer system for Mother Goose, Inc. was defeated by a
vote of 6 to 1 pass :
Aye: None.
Nay: Councilmembers Cole, Herrell , Rock, Titus , Tolbert and
Mayor Newman.
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Pass : Councilmember Bange.
Discussion re potential water supplies.
tr, Mr. 'Titus asked how much it has cost for the work at the lime
r kiln quarry - the pumping, etc. ? Mr. Niccolls said that, including
the chemical tests and the pumping, probably around $4, 000. - The
funds for this work are coming from Materials and Supplies - Water
:0 _Lines, he believed. Mr. Titus asked if there is a letter in the
-' file dated September 13, 1977 from the Health Department in Rich-
mond stating that they are not in favor of the quarry' s use as a
water supply? Mr. Niccolls said there is. Mr. Titus felt that the
work at the quarry is a waste of money. Mr. Niccolls said they
are amenable to a presentation of facts and this is what we have
been developing. Council was fully advised of this and indicated
an interest in determining the practicalityof using the quarry.
He said he has informed them Ch tany occasions that the Health
Department does not favor the use of the quarry or of any surface
supply. Mr. Titus asked why we are pursuing it? Mr. Niccolls
said to determine once and for all whether the supply can be made
available to the Town of Leesburg. Mr. Tituswas not in favor of
spending the taxpayers ' money for this work. Mr. Niccolls said
this - is one of the many options that this Council was informed of
and it would have been a lot cheaper to build a plant on that quarry
and supply had that sourcebeen available at a.million and a half
or two million gallons per day than it would be to build one any-
where else.
Mr. Titus left the meeting at this time.
Mayor Newman asked why Sydnor Hydrodynamics is coming in to pump
the Carrvale well when Leazer has done the other work? Mr. Niccolls
explained that Leazer' s equipment will not give us the quality re-
ports needed to design the pump. Both Mr. Shope and Leazer have
agreed on this. This will be extra cost and would have to be in-
curred -through Leazer or someone else - anything eliminated from
Leazer' s contract is not spent and they are below the appropriated
amount now. Sydnor does work at a higher rate, but we might end up
spending less in the aggregate because Sydnor will do the work more
accurately and quicker. . .
-Mr. Niccolls said he is as adverse as anyone elseto wasting money
on evaluating potentially dead-end sources, however, .he has heard mem-
bers of Council and members of the community advocate a thorough study
of the lime kiln quarry as a potential water source. He said he would
be happy to put a freeze on all activities related to outside sources
until there are specific orders from Council. It was his .understanding
that Council wanted to proceed in. resolving these difficultiesas
rapidly as . possible. . Certainly, we cannot convince the Health.De-
partment that one supply or another is more suitable without complete
test results . He said any experimental or investigatory work can be
a waste. He referred to the Johnson and Williams feasibility report
on water supplies , wherein they predicted that only one out of four
Swells drilled would be successful. Four have been drilled and we think
we have a potentially successful well at Carrvale. Have the other three
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MINUTES OF SEPTEMBER 28, 1977 MEETING.
314
been wasted? He did not know. Council asked that they resolve the
water problem and this has been done to the best of their ability.
. 31
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Mayor Newman understood that the geologist had recommended three
places as potential water supplies - Morven Park, Carrvale and on
the diZerega land - has the latter been considered? Mr. Niccolls said
they attempted to negotiate the standard option agreement with the
owner of this property and they wanted $65, 000 for the needed prop-
erty. It was , therefore, abandoned because there were other sites
more readily available. Mr. diZerega is agreeable to letting us
drill on the property, but without thesigrul option. There is a
rezoning request pending on this property and we might end up own-
ing part of this land. If we go ahead and drill and are successful
it could be worth $100, 000 - if we go to condemnation, it is pos-
sible that such a commission might well reward the owner of property
with water on it. Mr. Bange said this is the piece of property that
is proposed to be given to the town for recreational "purposes in the
rezoning request.
Mayor Newman asked if any consideration has been given to sites
out of town? Mr. Niccolls said only those: that are Town-owned. Mr.
Bange suggested that they might check into property west of town just
off of Route 7 where the Nazarene Church is going to build a new
facility - the minister has indicated that the church might be will-
ing to let the town drill for a well in exchange for a sewer connec-
tion. • He also suggested a site- south of town on Route ' 15at the
southeast corner ofithe By-Pass where there is an old abandoned farm -
there is a piece of property there that stays wet the year -round.
Another possibility might be up on the hill above the flood plain at
the Golden Horsehoe. He agreed with regard to the lime kiln quarry -
he has had many calls asking why the town has not gone for that water
supply. He knew that this was pursued when Mr. Hill was Mayor and
the BOD was so high that the Health Department rejected it. He
wondered if it is any higher than the Potomac River? Mr. Niccolls
said the town has complete biographical and chemical analysis of
this water, but we have not had time to check it out with- the Clean
Water Act. Mr. Bane did not feel that anybody in town would object
to spending money to try to find water.
Mayor Newman asked if we have any other places for Leazer to
drill ? She understood he has left town. Mr. Niccolls asked to wait
until next week on this for a recommendation. They have Andover be-
ing, readied for temporary use and' Carrvale .to be proven - anything
else found would not put us ahead. Mr. Bange asked if there is any-
thing to be done to Fireman' s Well that would keep the surface water
out. Mr. Niccolls said Mr. Shope and Mr. Chaves are working on this
to see what would be necessary and to give us cost estimates. Mayor
Newman inquired as to the pumping capacity of Fireman' s Well. Mr.
Niccolls said he thought around 250 gpm - it is metered in with other
sources.
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Mr. Niccolls called attention to a report given Council tonight
regarding the water supply. Also, to a report giving cost information
on the Potomac River Plant under the most favorable conditions. As
to direction given to the Town Attorney to prepare an ordinance call-
ing for a bond issue, this request has been senf—td the bonding attor-
neys in Richmond and is being prepared by them. He said his report
is not complete - Parts 2 and 3 will deal with other potential water
supply issues. Mr. Rock had several questions concerning the report
and Mr. Niccolls supplied the answers. He added that Mr. Hawthorne
of Johnson and Williams, Mr. Shope and he spent 3 to 4 hours going
over this work and they came up with plant constructions costs of
$100, 000 less than he had. He felt the figures enumerated are pretty
conservative;
Mr. Bange said -he understands that FAA is further trying to help
the water situation by drilling a second well on their property. Mr.
Cole said he has been asked about using the Honicon -well . Mr. Bange
said it has some bacteriological contamination.
Mayor Newman said Chief Kidwell has requested that she appoint a
committee to work as a liaison between the Police Department and the
Council ; She asked Mr. Bange and Mr. Herrell to serve as this com
315
MINUTES OF SEPTEMBER 28 , 1977 MEETING.
mittee and to report back to Council any results of their meetings.
- She thought Chief Kidwell would like. to have such• a committee as a
"sounding board. " Mr. Niccolls had not heard about this and said
he would like to talk with Mr. Kidwell. Mr. Rock..objected to such
a committee, stating that such problems are for.Mr. Niccolls. Mr.
Bange was not in favor of this committee if its purpose is to be a
"sounding board." Discussion then led to the decision to have all
department heads present for workshop sessions of the Council, but
no Police committee. .
Mr. Tolbert noted that VEPCO is installing some street lights
in his area (South King Street) .
Mr. Rock commented that he had been informed that there was a
fairly successful pump at the Andover well' for eight hours'. • He also
reported that he had visitors and phone calls concerning parking
tickets given for- parking the wrong way on the street. over the
week-end. He felt that if there is to be a rash- of parking tickets
the people should be warned. Some of these people had been park-
ing this way for five years. -
Mr. Cole asked if there has been any notice to water users of
the new excessive water rates? Mr. Niccolls said some 4, 000 copies
of the special Newsletter will be printed tomorrow and should be out
7) to the users by Saturday at the latest. Mn. Cole said he had one
person ask- last night - he said he would like to 'get it so he could
sue the Town.
Mr. Niccolls said he thought the "animal control department"
had rid the town of the starlings on the west end of town.
Mr. Bange asked how Council feels about repealing any tickets
that have been written for parking the wrong way, publish it in
the newspaper and make the ordinance effective as of October 15.
Mr. Niccolls said this came up at a recent .workshop, particularly
about cars parking the wrong way on North Street, so he gave a note
I
to the Police Department to enforce the ordinance all over town,
not just on North Street. Perhaps it should have been published
first. Most of the tickets have already been paid.
77-184 - Resolution - Making appropriation for the fiscal year ending
June 30, 1978. .
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
resolution was proposed and adopted by a vote of 5 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
1010. 208 Newsletter $ 700. 00
Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor
Newman.
Nay: Councilmember Rock.
77-185 - Resolution - Certification to Banks to show John T. McEwan
as Director of Finance.
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
Resolution No. 76-106 dated July 14, 1976 designating Peoples
National Bank, First and Merchants National Bank, Virginia
National Bank and First Virginia Bank as depositories for
3. 1 6 MINUTES OF SEPTEMBER 28, 1977 MEETING.
accounts' in the name of. "Town of Leesburg, Virginia" is
amended to show John T. MtEwan as Director of Finance,
effective October 3, 1977 .
Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert
and Mayor Newman.
Nay: None.
Dr. Gable thanked Council for granting his request.
77-186 -• Resolution - Directing refund of fines paid for.wrong-way
parking violations.
On motion of Mr. Bange, seconded by Mr. Cole, the following
resolution was -proposed and adopted by a vote of 4 to 2:
WHEREAS, there was no advance notice of the enforcement of
Section 10-149(c) of the Town Code in residential sections,
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
The Manager is authorized and directed to refund, upon re-
quest, all fines paid to the Town for wrong=way parking
violation notices issued by the Police Department between
September 22, 1977 and September 28, 1977 , and to nol pros
all outstanding unpaid violations , and, further, a notice
of this action shall be advertised October 6, 1977 in the
Loudoun Times-Mirror.
Aye: Councilmembers Bange, Cole, Rock and Mayor Newman.
Nay: Councilmembers Herrell and Tolbert.
On motion of Mr. Rock, seconded by Mr. Bange, the meeting was
adjourned at 9 : 15 P.M.
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Mayor
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