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HomeMy Public PortalAbout1977_10_12 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 12, o4'. 1977. 317 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on Oc- tober 12, 1977 . The meeting was called to order by the Mayor at 7 : 33 P.M. , with the invocation being given by Mr. Tolbert and fol- lowed 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 , Assistant to the Manager Jeffrey H. Minor and Town Attorney George M. Martin. The Minutes of regular meetings of September 14, 1977 and Sep- tember 28, 1977 were approved as written. Mr. Joseph McMurrer, a resident of 88 Belmont Drive, asked that Council reconsider what he considers "punitive" water rates. He felt that the new rate has been put into effect to punish those who use water. He said the Wayne Pump Company recommends 50 gallons per person per day or, for a household having a lot of appliances, 75 gallons per person per day . He felt that a one-person household could waste a lot of water and still pay the same rate, whereas a • family really needing water would use a lot of water and have to pay a great deal more. He said he personally tries to save water. He did not feel that anyone wastes water just because he uses it. He urged Council to reconsider these rates. Mayor Newman said she is not convinced that Council has chosen the right course as far as rates are concerned - she cited a family of nine in her own neigh- = borhood who could not possibly get along on the allotted 140 gal- lons per day. None of the billings at the new rate have been done yet - perhaps after these go out, Council might have to give this matter further consideration. - ' Mrs. Wanda Eamich, a resident at 110 Madison Court, requested that a "No Parking here to Corner" sign be placed on Madison Court 15 feet from the corner in order to eliminate any parking within 15 feet of the fire hydrant that is in her front yard. She referred to the recent fire in a house on Madison Court, when their car was parked 12 feet from the hydrant and the Fire Department could not get to the hydrant. She said it is not always their car that is parked in this location, she has seen a Town-owned vehicle there as ' well as County-owned vehicles, one of which was parked there for three days. This hydrant is too low in the ground and is hard to get to. It was bled about a year ago and was dry. When it was filled one of the firemen dug it up, but grass still grows up all around it. She also understood that pressure was low the night of the fire. Also, she noted that there are five hydrants from the corner of Fairfax Street to Hirst' s and only this one in Monroe Manor to serve 30 families. She understood that someone called Chief Kidwell and asked that their car be ticketed. He said he could not do that because there is no curb and gutter there. Mr. Titus said that to the best of his knowledge nobody has given di- rections to the police to put a ticket on any car. He felt there was no problem in putting a sign there. Mayor Newman said they will take a look at the hydrant and see what is needed. Mr. Niccolls said the Town is replacing the hydrants - there are a total of 26 to 27 yet to be done. Proposed-Subdivision and Land Development Regulations. On motion of Mr. Tolbert, seconded by Mr. Cole, an ordinance was proposed to adopt the Proposed Subdivision and Land Development Regu- lations. Mr. Titus felt the ordinance can be made a lot easier and less costly for the subdivider if some of the costs are reduced or stricken. The main thrust of the subdividers is somewhat taken in by Mr. Curry' s comments at the public hearing, none of which he sees incorporated in the last draft of the ordinance. He felt that sub- dividers should pay their proportionate share, but not for all the • extras. He cited as examples the location of trees and the require- ments of easements. He also did not agree with the definition of "subdivision." Mr. Herrell could not support •the ordinance as writ- ten either. There was lengthy discussion on this ordinance, with a suggestion that perhaps a consultant should look at it and make recommendations for amendments or that perhaps a committee might be appointed to review it and make suggestions. Mr. Tolbert and Mr. Cole withdrew their motion. On motion of Mr,. Titus, seconded by Mr. Tolbert, the following resolution was proposed and adopted by a vote of 6 to 1 : K 14t v 318 MINUTES OF OCTOBER 12, 1977 MEETING. 77-187 - Resolution - Re Proposed Subdivision and Land Development Regulations . RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • • The Mayor shall appoint a committee to review the Proposed Subdivision and Land Development Regulations and report back to this Council no later than six weeks from today. Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and Mayor Newman. Nay: Councilmember Rock. 77-188 - Resolution - Accepting a covenant agreement for- the log cabin. On motion of Mr. Bange, seconded by Mr. Herrell, the following resolution was proposed and unanimously adopted: - RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Manager is authorized and directed to execute the Cove- nant Agreement with the Virginia Historic Landmarks CotLuuis- sion for the Log Cabin. Said Agreement shall be the same as attached with a letter from the Commission' s office dated September 23, 1977. • Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-189 - Resolutim - Consenting to water use restrictions. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Resolution No. 77-158 is repealed. ' SECTION II. Pursuant to Section 19-5 of the Town Code, consent is given to the following water use restrictions : 1. No water users shall use water from the town water system for lawn shrubbery, garden or tree watering or irrigation. 2. No water users shall use water from the town water system for patio, driveway or parking lot washing or the filling of swimming pools . 3. No water users shall use water from the town water system for car, truck or other vehicle washing, ex- cept in existing commercial establishments with automatic washing equipment. On motion of Mr. Bange, seconded by Mr. Titus (for discussion pur- poses) , an amendment was proposed to add a paragraph 4 to read: 4. Should an emergency arise where the health of the people of Leesburg is affected, the Town Manager shall have the authority to restrict the use of water after notifying the Council . This amendment was discussed at length, with various changes being suggested, and with the eventual withdrawal of the second to the proposed amendment. Thus , the amendment offered died for lack of a second. On motion of Mr. Rock, seconded by Mr. Titus; an amendment was proposed to be added at the end of paragraph 3 to read as follows: on -a basis mutually agreeable to the Town and the commercial -establishment. X19. MINUTES OF OCTOBER 12, 1977 MEETING. Mr. Titus asked the status of the reserve water supply at the present time. Mr. Niccolls •said that, insofar as the tower elevation is con- cerned, they are operating within acceptable limits. They have been able to meet the demand but it takes everything out. They could not meet the old average demand. There is no reserve in the pumping ca- pacity and all pump experts agree that over-pumping is harmful to the well . Paxton is doing pretty well , Myers is back to drought conditions , the new pump assembly is not in proper operation at Phillips-Nickels yet and Fireman' s is doing as it always has - about 250, 000 gallons per day. They are taking steps to get the Andover supply into the system promptly. The amendment was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. The resolution, as amended, was then adopted by a .vote of 6 to 1 , and reads as follows : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : a.) SECTION I. Resolution No. 77-158 is repealed. esi SECTION II. Pursuant to Section 19-5 of the Town Code, con- sent is given to the following water use restrictions: s 1 . No water users shall use water from the town water system for lawn, shrubbery, garden or tree watering or irrigation. • 2. No water users shall use water from the town water system for patio, driveway or parking lot .washing. or the filling of swimming pools . ' 3. No water users shall use water from the town water system for car, truck or other vehicle washing, ex- cept in existing commercial establishments with automatic' washing equipmenton a• basis mutually agreeable to the Town and the commercial establish- ment. Aye: Councilmembers Bange, Cole, Rock, Titus, Tolbert and Mayor Newman. • Nay: Councilmember Herrell . 77-190 - Resolution - Accepting public improvements, releasing per- formance .ond and authorizing acceptance of maintenance bond for C & P site plan. . r On motion of Mr. Titus, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the developer, Alfred W. Gardiner, for C & P Site Plan, has completed all public improvements in accordance with Town Standards and Specifications, and• these have been inspected and approved and as-built plans have been sub- mitted and approved. RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The public improvements for the C & P Site are accepted for public use by the Town. SECTION II. - The Performance Bond. #2471935 of the Fire- man' s Fund.dated May 26, 1976, ' for improvements at the C & P site in the amount of $9, 884 be released upon sub- • mission of a Maintenance' Bond in' the amount of $500 and approval of same by the Town Attorney. - Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 320 MINUTES OF OCTOBER 12, 1977 MEETING. 77-191 - Resolution - Repealing Resolution No. 77-186 re wrong- way parking violations. On motion of Mr. Herrell , seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Resolution No. 77-186 is repealed. After some little discussion, in which it was pointed out that Sec. 10-149(c) of the Town is being enforced, the resolution was unani- mously adopted: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-192 - Resolution - Granting waiver of Sec. 17-55 and 17-63 of the Town Code for Loudoun Valley Jaycees for pur- pose of holding a circus. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: 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 Valley Jaycees for the purpose of holding a Circus at the Virginia Village Shopping Center on September 29, 1977. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Town Manager Niccolls reported as follows : (1 ) He called attention to the second part of a three-part study being conducted on the Water Supply Alternatives which was dis- tributed tonight. This concerns the purchase of water from Fairfax City, Goose Creek Reservoir. (2) Also distributed tonight is a Project Expenditure Summary for the Airport Improvement Project, which reports • that the project is expected to have an over-run of about $2, 400 above and beyond the Federally approved project amount. They are still trying to find ways to reduce this to zero. (3) Also, a Memo re the Loudoun County Bottle Law, which re- ports that the lawyers on the County Attorney' s staff are preparing an opinion as to whether or not the measure actually applies within the Town of Leesburg, particularly in light of the Attorney General ' s opinion on the Dog Laws. (4) An application for 16 additional water connections at Heri- tage Square has been received from Shor-Leesburg, Inc. , along with a check for $42, 000. This raises the difficult issue we knew was com- ing sooner or later. He will respond that these taps cannot be ap- proved and the money will be returned, this_because of the Health Department limitations. . (5) The option to purchase the Carrvale well site will be expir- ing soon and a decision will have to be reached. . This is a .low-yield well in the range of about 50 gallons per minute. To drill out there again, we will have to have another option agreement. Mr. Shope will have his recommendations for the next places to drill next week. O� 00 MINUTES OF OCTOBER 12, 1977 MEETING. 321 77-193 - Resolution - Making appointment to the Leesburg Airport Commission. - On motion of Mr. Titus, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : David H. Moyes is appointed to the Leesburg Airport Commis- sion for a term expiring June 30, 1981. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Proposed resolution to advertise for pro,posals for fixed base operations at Leesburg Municipal Airport. Mr. Bange and Mr. Herrell objected to consideration of the pro- posed resolution tonight since it had not .been to workshop session yet. Mr. John A. Wallace, Jr. , Chairman of the Airport Commission, said his committee has worked on a strict time schedule in preparing the bid documents, including three meetings with Mr. Crenshaw, Air- port Consultant, and it is hoped to award the FBO. lease by the end of January. He went into detail as to what it is hoped to accomplish by advertising for bids at this time. . All Council would be approv- ing at this point would be the invitation to bid, not a lease. There was further discussion concerning the proposed invitation and future leasing procedures. Mr. Bange and Mr. Herrell still objected to consideration of this item tonight, therefore, it will go back to Council workshop. Proposed resolution re Potter' s Field case. On motion of Mr. Bange, seconded by. Mr. Herrell , a proposed resolution was offered concerning. the Potter' s•.Field case. Mr. Martin explained in detail the chain of conveyances involved in this case. and said the defendants are trying to get title either by adverse possession or by dedication. It was felt that there will be a lot of legal expenses involved. Also, Councilmembers felt that perhaps the whole tract should be appraised, with the two small par- cels to be appraised separately. in order that they might know what they add to the value of the larger piece. Mr. Martin felt that he could ask that the hearing scheduled• bercancelled' until such time as this appraisal might be made. The makers of the proposed resolution withdrew their motion and this will be discussed further at the next workshop. Mr. Tolbert said the Town has changed his water meter and it looks as though someone is buried there. 'He asked. if they will come back and fix it as it should be. Also, he wanted to know who will put the street name signs back up - they are lying in his back yard. Mr. Titus understood that there was a manhole above the street at the intersection of Cornwall and Church Streets. Mr. Niccolls explained that there were three separate accidents at' this location over the week-end, with one personal injury. He explained that this manhole and others in town had been raised in preparation for repav- ing--of--the streets, but the contractor has not• done' this work yet. The waterworks crew left one or more cones over the manhole, but children come along and move them or motorists sometimes hit them and knock', them over. It has been "feathered out" by the waterworks crew so it is all right now. Therewas also discussion concerning insurance in such instances. Mr. Niccolls said. he has already talked with the people involved in these accidents. Mr. Titus asked the status of the Arthur Phillips suit. Mr. Mar- tin said it is set for the latter part of November. Mr. Titus also said that the County Soil Scientist had asked what the Town is going to do when it constructs water and sewer lines and the limestone leaks into the system - this poses a potential con- tamination of the water supply. He felt the Town should be extra careful in this kind of thing. He said Mr. Niccolls said the problem ttGi9 00 322 MINUTES OF OCTOBER 12, 1977 MEETING.. at Phillips-Nickels well started when the water line was -being laid. The Soil Sdentist also requested again that he be put on the referral list for the Planning Commission. Mr. Martin suggested that, when a subdivision plat is before the Planning Commission, the adjoining property owners should be advised so that theymight make requests in connection therewith. 77-194 - Resolution - Setting Public Hearing on excess water use charges. Mr. Titus said there is significant discussion concerning the new water rates and he felt this should be out in the open. On mo- tion of Mr. Titus, seconded by Mr. Rock, the following resolution was proposed andunanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A public hearing shall be held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on October 26, 1977 at 7 : 30 P.M. on the recent establishment of excess water use charges. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman.- Nay: None. Mayor Newman asked Mr. Martin if there is anything new on the School Board issue. Mr. Martin said Mrs. Clements had 40 days to reply. Mayor Newman reminded Councilmembers that there is a zoning ordinance workshop on October 17th at 7 : 30 P.M. There is also a meeting Tuesday night (a public workshop) on the County Resource Management Plan in the Board of Supervisors' meeting room at 7 : 30 P.M. Mr. Titus felt the Council should respond to- this. at the appropriate time. Mr. Niccolls said a Memorandum has been prepared for the next workshop which attempts to summarize the principal issues as they relate to Leesburg. This would be a good time to formulate a written response or comments on the proposed plan. Mayor Newman asked if Mr. Niccolls knew how much water was lost in the water main break last week. Mr. Niccolls did not know exactly how much, but it was a lot. Mayor Newman said she has received phone calls stating that the contractor should be charged for the water lost. Mr. Niccolls said the contractor usually pays any costs for damage to the system. He felt this is something to think about. Mayor Newman reported that she and Mr. Tolbert went to Lexington last week where they were the guests of the Mayor, Town Council and the Manager. They toured the 18-block restored area - this has been funded with Federal Revenue Sharing funds and it is quite impressive to see what they have done for $1, 000, 000. They returned with a lot of good ideas, some of which will probably be incorporated in our study from KDA when we get it. Mr. Bange requested that the tree in front of the Mang residence on Edwards Ferry Roadbetopped - dead branches falling from it could cause personal or property damage. Mr. Niccolls reported that Judge . Aiken has said he will make the tree near his property safe by Decem- ber 1 - he says it is his tree. On motion of Mr. Rock, seconded by Mr. Titus, Council voted unani mously to recess the meeting at 9 :40 P.M. until next Wednesday at the call of the Chair. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. • - Mayor l/�- r Clerk of ouncil