HomeMy Public PortalAbout1977_11_23 ftn
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 23, lrY
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on
November 23, 1977 . The meeting was called to order by the Mayor
at 7 : 32 P.M. , with the invocation being given by Mr. Cole, 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 and Assistant to the Manager Jef-
frey H. Minor.
The minutes of the regular meeting of October 26, 1977 were cor-
rected on Page 326, next to the last line in the third paragraph, to
strike the words "per household." They were approved with this cor-
rection. The minutes of the regular meeting of November 9, 1977 were
approved as written.
Mr. James Chamblin, member of a committee appointed several weeks
ago to review the proposed Subdivision Ordinance, requested, on behalf
of the committee, to delay the time for their report. A suggested
draft of the Ordinance would be presented on December 21, 1977 at.
the Council workshop.
Mr. Tony DeFalco from Betz-Converse-Murdoch, Potomac Group, Inc. ,
consultants for the Town concerning wastewater treatment facilities,
gave an in-depth report on a meeting held with members of the Water
Control Board staff with regard to the Board' s review of their Step I
Study and related support documents. Members of the Board suggested
that the Occoquan standards might be reduced to "embayment" standards,
' — with the provision that such treatment facilities would be "interim"
facilities only. If such facilities were designed for a minimum of
ten years, they would still be grant eligible. The Board suggested
that, alternatively, spray irrigation would be acceptable. Mr. De-
Falco advised Council that they should not completely reject the
method of land treatment, since the alternatives seem to be very
difficult to achieve. There followed a period of questions and
answers, with particular attention to a discussion concerning land
treatment, its methods and costs. Mr. DeFalco' s suggestions were
to proceed with a revised compromise alternative to meet the em-
bayment standards, which would have to be. done by negotiated set-
tlement with the Water Control Board staff; then perhaps a more
intensive investigation to either reject once and for all the al-
ternative . of land treatment or, if it looks reasonable, it might
allay some of. the fears or change sgmRtperceptions. Mayor Newman
requested that this be placed on the7workshop agenda for an in-depth
discussion.
Proposed Ordinance to amend Chapter 4 of the Town Code by adding a
new Article regarding Bees.
On motion of Mr. Tolbert, seconded by Mr. Herrell, an ordinance
making it unlawful for any person to raise, keep or maintain a colony -
of honey bees within the town was proposed for public hearing on De-
cember 21 , 1977 at 8 : 00 P.M. On motion of Mr. Titus, seconded by Mr.
Rock, it was proposed to amend the date for public hearing to Decem-
ber 28, 1977 at 7 : 30 P.M. A roll call vote on this amendment defeated
it 4 to 3 :
Aye: Councilmembers Rock, Titus and Mayor. Newman.
Nay: Councilmembers Bange, Cole, Herrell and Tolbert.
A roll call vote on the original motion to hold the public hearing
on December 21 at 8 : 00 P.M. was 5 to 2 :
Aye: . Councilmembers Bange, Cole, Herrell, Tolbert and Mayor
Newman.
Nay: Councilmembers Rock and Titus.
The proposed ordinance is to be published in full . -
77-0-20 - Ordinance - Amending Chapter 2. 1, Airport, of the Town Code
to provide fixed base operators fees.
On motion of Mr. Rock, . seconded by Mr: Tolbert; the following
ordinance was proposed and unanimously adopted:
`339
MINUTES OF NOVEMBER 23, 1977 MEETING.
WHEREAS, Section 5. 1-44 of the State Code authorizes es-
tablishment of fees for` use of municipal airports; and
WHEREAS, Chapter III, Section 12, Paragraph 9 , of. the
Leesburg Airport Rules requires airport fixed base opera-
• tors to pay. fees for services provided at the Leesburg
• Airport; and
WHEREAS, the town annually budgets and expends funds. for
the operation and improvement of the airport for the bene-
fit of fixed base operators and other users :
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
Sec. 2. 1-6. Fixed Base Operators Fees
(a) Before any person is issued a fixed base operators
license. under Chapter 3, Section 12, of the Leesburg Air-
port Rules , he shall pay to the town all of the fees as de-
termined
etermined herein. Fees collected shall. be credited to the
Airport Fund in the accounts of the town and used exclusively
to pay the cost of operating the airport and making.. improve-
ments to it for the benefit of the fixed base operators and
other users.
(b) Fees for a fixed base operator' s first year of
operations shall be based on estimates of gross receipts
from operations and adjusted after the close of the fiscal
year for actual receipts. Fees for following years shall
be based on gross receipts of the preceding years.
(c) Every person who is conducting, operating or en-
gaging in any of the following services for profit at the
Leesburg Airport shall pay to the town. all of the fees
hereinafter provided:
(1) Aircraft sales. For each aircraft sales
license, $20. 00 plus 0. 25% of the licensee' s gross
receipts from aircraft sales.
(2) Parts and accessories sales. For each
parts and accessories sales license, $20.00 plus
one percent of the licensee' s gross receipts from
parts and accessories sales.
(3) Charter operations, etc. For eachcharter
operations license, which includes, without limita-
tion, passenger or "air taxi" , freight or delivery,
photography, aerial survey, agricultural spraying,
$20.00 plus one percent of the licensee' s gross re-
ceipts from such operations.
(4) Aircraft rental. For each aircraft rental
license, $20.00 plus one percent of the licensee' s
gross receipts from aircraft rental.
(5) Flight instruction or ground schools. For
each flight instruction or ground school license,
$20. 00 plus one percent of the licensee' s gross re-
ceipts from flight instruction or ground schooling.
(6) Maintenance services. For each maintenance
service license, $20. 00 plus one percent of the li-
censee' s gross receipts from maintenance services.
(7) Line services. For each line services license,
$20. 00 plus one percent of the licensee' g gross re-
ceipts for line services.
(8) Aircraft storax e. For each aircraft storage
license, $2.00 per month for each occupied outdoor air-
craft storage space and $3.00 per.month for each occu-
pied inside aircraft storage space.
XXXXX
XXXXX
MINUTES OF NOVEMBER 23, 1977 MEETING. 339
339
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
Since there was no effective clause for the above ordinance, on motion
of Mr. Rock, seconded by Mr. Cole, Council voted unanimously to re-
consider the ordinance:
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
On motion of Mr. Rock, seconded by Mr: Bange, Council voted unani-
mously to add a Section II to the above-mentioned ordinance, to read
as follows :
SECTION II. An emergency is declared and this ordinance
shall be in effect from the date of its passage.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman. •
Nay: None.
The ordinance, as amended, was then unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
77-0-21 - Ordinance - Adding a new article to Chapter 19 of the Town
Code regarding a cross-connection and backflow
prevention control program.
On motion of•Mr. Rock, seconded by Mr. Tolbert, the following
ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. Chapter 19 of the Town Code is hereby amended
by adding a new Article to be numbered Article IV, to read
as follows :
ARTICLE IV. CROSS-CONNECTION AND
BACKFLOW PREVENTION CONTROL •
Seca 19-55. In general.
•
This Article provides for the protection of the town' s
drinking water supply from possible contamination caused by
back pressure or back siphonage conditions, in accordance
with the regulations of the Virginia Department of Health.
Sec. 19-56. Administration.
The Director of Engineering shall administer and en-
force the provisions of this Article under direction of the
Town Manager.
Sec. 19-57. Cross-connections.
(1) No person shall install or maintain a water ser-
vice connection to any premises where cross-connections to
the town' s water system or a consumer'-s water system may
exist unless such cross-connections are abated or controlled
to the satisfaction of the town.
(2) No person shall install or maintain any connection
whereby water from an auxiliary water system may enter the
town' s or consumer' s water system unless the auxiliary water
system and the method of connection and use of such system
shall have been approved by the town.
tfs• !0!
340 MINUTES OF NOVEMBER 23, 1977 MEETING.
Sec. 19-58. Where protection is required.
(1) An approved backflow prevention device shall be
installed on each service line to a consumer' s water system
where; in the judgment of the town, a health, pollutional
or system hazard to the water system exists.
(2) An approved backflow prevention device shall be
installed on each service line to a consumer' s water system
serving premises where the following conditions exist, ex-
cept as noted in sub-paragraph (g) below:
(a) Premises having an auxiliary •water system,
II
unless such auxiliary system is accepted as an addi-
tional source by the town.
(b) Premises on which any substance is handled
in such a manner as to create an actual or potential
hazard to the water system (including premises having
sources or systems containing process fluids or waters
originating from a waterworks which are not under the
control of the town).
(c) Premises having internal cross-connections
that, in the judgment of the Director of Engineering,
may not be easily correctable or intricate plumbing
arrangements which make it impractical to determine
whether or not cross-connections exist.
(d) Premises where, because of security require-
ments or other prohibitions or restrictions, it is
impossible or impractical to make a complete cross-
connection survey.
(e) Premises having a repeated history of cross-
connections being established or re-established.
(f) Premises having fire protection systems
utilizing combinations of sprinklers , fire loops,
storage tanks, pumps, antifreeze protection, or .
auxiliary water, except that fire loops and sprink-
ler systems with openings not subject to flooding,
II
containing no antifreeze or other chemicals and with
no storage or auxiliary sources will not normally re-
quire backflow prevention.
(g) Premises having booster pumps connected to
the waterworks shall be equipped with a low pressure
cut-off device to shut off the booster pump when the
pressure in the waterworks drops to a minimum of 10
psi gauge.
(h) Other premises specified by the town when .
cause can be shown that a .potential cross-connection
hazard exists.
(3) An approved backflow prevention device shall be
installed on each service line to a consumer' s water sys-
tem serving the following types of facilities :
(a) Hospitals, mortuaries, clinics, nursing
homes ;
b) Laboratories ;
c) Piers, docks, waterfront facilities ;
d) Sewage treatment plants, sewage pumping
stations, or storm water pumping stations ;
(e) Food and beverage processing .plants ;
(f) Chemical plants, dyeing plants ;
(g) Metal plating industries;
(h) Petroleum processing or storage plants ; '
i) Radioactive materia�.s processing plants
or nuclear reactors ;
j ) Car washes ;
(k) Lawn sprinkler systems, irrigation systems;
(1) Fire service systems ;
(m) Slaughter houses and 'poultry processing
plants;
(n) Farms where the water is used for other than
household purposes ;
(o) Others specified by the Director of Engineer-
ing where potential backflow or cross-connec-
tion hazard can be shown.
MINUTES OF NOVEMBER 23, 1977 MEETING. 341
Sec. 19-59. Type of protection required.
Approval of backflow prevention devices and the type
of protection,required shall .be in accordance with the re-
quirements and standards provided in Section ,6. 04 and
Section 6. 05 of the Virginia Department of Health Water-
works Regulations for Public Water Supply.
Sec. 19-60. Denial or discontinuance of service.
,Water service to a consumer shall be discontinued if
the required backflow device is not installed within a
reasonable period of time, not to exceed 30 days, from
the date any notice and order requiring compliance with
this Article is sent certified mail to the owner' s last
known post office address.
On motion of Mr. Rock, seconded by Mr. Bange, Council voted unani-
mously to amend the ordinance by adding Section II to read as fol-
lows :
SECTION II. An emergency is declared and this ordinance
shall be in effect from the date of its passage.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
The ordinance, as amended, was unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
77-208 - Resolution - Authorizing an Agreement with the County of
Loudoun to provide cross-connection insect-
ion services ; approving a cross-connection
inspection control . program; appointing the
birector of Engineering to an Inter-jurisdic-
tional Cross-connection Control Board; and
making an appropriation tor FY/8.
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:
SECTION I. The Manager is authorized and directed to exe-
cute the cross-connection program agreement between the
Town and the County of Loudoun; said agreement being the
same as attached with a memorandum to Council dated No-
vember 10, 1977 . The Clerk of Council shall attest the
aforementioned agreement on behalf of the Town.
SECTION II. The cross-connection inspection control - pro-
gram as outlined in the narrative attached with a memo-
randum to the Council dated November 10, 1977 is approved
and the Manager is directed to transmit a copy of the pro-
gram narrative to the State Health Department.
SECTION III. The Director of Engineering is appointed to
represent the Town on the Board created by Paragraph 3(c)
of the aforementioned cross-connection program agreement.
SECTION IV. The following appropriation is made for the
fiscal year ending June 30, 1978 :
Account No./Name -Amount
10300. 240
Cross-connection Control Program $6, 000. 00
342
MINUTES OF NOVEMBER 23, 1977 MEETING
Mr. Niccolls explained that the program is a long and drawn-out de- •
tailed process. Inspection would probably begin in April, but the
authorization of this agreement -would allow the recruitment of per-
sonnel. The resolution was unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
•
•
77-0-22 - Ordinance - Amending Section 12. 1-10 and Section 12. 1-5
ot the 'Town Code regarding the new position
ot Deputy Manager.. r
On motion of Mr. Tolbert, seconded by Mr. Herrell , the follow-
ing ordinance was proposed: '
•
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows : .
SECTION I. Section 12. 1-10 of the Town Code, which is the
classification plan for the Town, is hereby amended by add-'
ing to the executive-managerial occupation group the posi-
tion of deputy manager at Grade 17 .
SECTION II. The position of deputy manager shall carry no
added compensation. - -
SECTION III. This Ordinance shall be in full force and ef-
fect from and after its passage.
Mr. Niccolls explained that this establishes a new job title so that
another officer may be appointed in his absence. Mr. Martin felt that
this is a more appropriate title than any other. - On motion of Mr.
Bange, seconded by Mr. Rock, Council voted unanimously to delete
"at Grade 17" from Section II:
Aye Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
On motion•of Mr. Herrell , seconded by Mr. Bange, Council voted unani-
mously to amend Section III to read as follows :
SECTION III. An emergency exists and this ordinance shall be
in full force and effect upon its passage.
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 :
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. Section 12. 1-10 of the Town Code, which is the
classification plan for the Town, is ' hereby amended by add-
, ing to the executive-managerial occupation group the posi-
tion of deputy manager. '
SECTION II. The position of deputy manager `shall carry no
added compensation.
SECTION III. An emergency exists and this ordinance shall
be in full force and effect upon' its passage.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: Councilmember Titus.
MINUTES OF NOVEMBER 23, 1977 MEETING. A
77-209 - Resolution - Granting waiver of site plan requirements.
On motion of Mr. Cole, seconded by Mr. Bange, the following
resolution was proposed:
WHEREAS, the Leesburg Planning Couuuission has recommended
the following waiver of site plan requirements,
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
111 SECTION I. The site plan requirements of Chapter 9A of
the Leesburg Zoning Ordinance are hereby waived in accord-
ance with Section 9A-6-12 of said Zoning Ordinance, for a
change of use from residential to commercial for the prop-
erty at 34 East Loudoun Street as per written request from
Donna Sue Minor, dated October 25, 1977 .
SECTION II. Continuation of this waiver requires that no
exterior structural alterations are made to the building or
off-street parking or loading facilities modified or cre-
ated.
Mr. Bange said Mrs. Minor has permission to hang signs flat against
the building from the Board of Architectural Review. On motion of
Mr. Titus, seconded by Mr. Bange, Council voted 6 to 1 to delete
Section II :
"Na.
r..
Aye: Councilmembers Bange,. Cole, Rock, Titus , Tolbert and
Mayor Newman.
Nay: Councilmember Herrell .
The resolution, as amended, was unanimously adopted and reads as
follows :
WHEREAS, the Leesburg Planning Commission -has recommended
the following waiver of site plan requirements,
RESOLVED by the Council of the Town of Leesburg, .Virginia,
as follows :
The site plan requirements of Chapter 9A of the Leesburg
Zoning Ordinance are hereby waived in accordance with Sec-
tion 9A-6-12 of said Zoning Ordinance, for a change of
usefrom residential to commercial for the property 'at
34 East Loudoun Street as per written request from Donna
Sue Minor, dated October 25, 1977.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
• and Mayor Newman.
Nay: None.
77-210 - Resolution - Granting waiver of site plan requirements.
On motion of Mr. Bange, seconded by Mr. Herrell , the following
resolution was propds`ed:`
WHEREAS., the Leesburg :Planning .Commi'ssion has recommended
the following waiver of site plan requirements,
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows: :
SECTION I . The site plan requirements of Chapter 9A of the
Leesburg Zoning Ordinance are hereby waived in accordance
with Section 9A-6-12 of said Zoning Ordinance, for a change
of use from residential tocommercial use for dwelling lo-
cated ajacent to and south of 'structure housing a well on
East First Street as per written request - from C. Herbert
Pearson, dated October 28, 1977.
SECTION II. Continuation of this waiver requires that no
exterior structural alterations are made to the building or
off-street parking or loading facilities modified or created.
344.
MINUTES OF NOVEMBER 23, 1977 MEETING.
On motion of Mr. Titus , seconded by Mr. Cole, • Council voted 6 to 1
to delete Section II :
Aye: Councilmembers Bange, Cole, Rock, Titus, Tolbert and
Mayor Newman.
Nay: Councilmember Herrell.
The resolution as amended, was unanimously adopted and reads as fol-
lows :
WHEREAS, the Leesburg Planning Commission has reconnuended
the following waiver of site plan requirements,
RESOLVED by the Council of the Town of Leesburg; Virginia,
as follows:
The site plan requirements of Chapter 9A of the Leesburg
Zoning Ordinance are hereby waived in accordance with Sec-
tion 9A-6-12 of said Zoning Ordinance, for a change of use
from residential to commercial use for dwelling' located
adjacent to and south of structure housing a well on East
First Street as per written request from C. Herbert/ Pearson,
dated October 28, 1977 .
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman. - -
Nay: None. :..
There followed discussion concerning site plan requirements, with a
decision to discuss this matter in depth at, the next workshop session.
77-211 - Resolution - Approving a plan for the Potomac River Water
Supply, Plant.
On motion of Mr. Rock, seconded by Mr. Bange, the following
resolution was proposed: -
•
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. A town-owned water treatment plant on the Po-
tomac River as described in the September 28, 1977 "Potomac
River Water• Supply Cost Analysis" ,part 1 • of a feasibility
study of water supply sources . prepared by the Manager, is
found to be the most effective plan for. meeting Leesburg' s
long run water supply 'needs.
SECTION II. The Manager is directed to:
(a) Prepare a detailed plan leading to construction
and operation of the Potomac River. .Water Supply
plant for Council approval by December 31, 1977.
(b) Prepare necessary legislation for issuance of
bonds in the amount of $5, 000, 000 for Council
approval by December 31 , 1977 .
(c) Secure proposals for project management ser-
vices for the project for Council approval by
March 1 , 1978.
•
(d) Secure proposals for engineering review -of the
existing construction plans for Council approval
by February 1 , 1978. .
(e) Secure a proposal from Betz-Converse-Murdoch,
Potomac Group, Inc. (formerly Johnson and Wil-
liams,. Consulting Engineers) for engineering
services related to final plan revision to add
fluoridation facilities and otherwise as neces-
sary, construction engineering and start up of
the Potomac River Water Supply plant for ' Council
approval by February 1, 1978. •
3.4
MINUTES OF NOVEMBER 23, 1977 MEETING. v
•
(f) Secure proposals for engineering services
related to design and construction of water
transmission facilities to connect the Lees-
burg and Loudoun County Sanitation Authority
systems.
(g) Secure a proposal from Betz-Converse-Murdoch
for engineering and related services necessary
for negotiations with the Loudoun County Sani-
tation Authority and the City of Fairfax over
interconnection of the systems and the bulk
sale of water to and. from the Loudoun County
Sanitation Authority and the City of Fairfax
system.
(h) Make and advance applications, when timely,
for necessary federal , state and county per-
mits.
(i) Secure proposals from persons and firms com-
petent to provide advice and service's related
to the issuance of bonds for the project.
(j ) Prepare legislation for revision of water rates
necessary to' finance the water supply and dis-
tribution system for fiscal year 1978 and for
the period fiscal years 1979 through 1983 for
Council by April 1 , 1978.
(k) Continue with efforts to add approximately
400, 000 gallons per day to the average subsur-
face water supplies of the town by July 1, 1978.
(1) Prepare for Council approval by December 31,
• 1977 a description of the plan and the reasons
for its selection for publication in the Lamp-
lighter.
(m) Review available federal grant-in-aid programs
and advise Council of possible applications.
a resident of Leesburg and
Dr. Juergen Reinhardt, /a research geologist with the United States
Geological Survey in Reston, said that the valley in which Leesburg
lies is ideal from the standpoint of ground water and the water
quality, is superb. In fact, several of the wells currently in use
have been outstanding in the past. Three of such qaulity wells
would produce as much or more water than the proposed intake plant.
He felt there are too many human wastes in the river water. He
urged Council not to go to the River for water, but to continue its
search for ground water. Mayor Newman said that, since spring, there
have been all kinds of experts out here and, to date, no reliable
source of water has been found. Dr. Reinhardt exhibited on the
blackboard the area in which he was sure water could be found, this
being to the west of Leesburg. Mr. Shope, the Town' s Director of
Engineering, was. present and said that Morven Park was one of the
locations recommended by the USGS and that proved to be of no con-
sequence. Also, the USGS recommended against blasting, _ as suggested
by Dr. Reinhardt. Mr. Niccolls did not feel that Dr. Reinhardt' s
remarks had much to do with the decision Council is considering by
this resolution. Regardless of a decision to go to the Potomac for
water, the staff is to continue looking for ground water sources.
Mr. Titus said this has been discussed for the last 15 years and
they always come back to the conclusion that the Town must go to
' the Potomac River' for water - it must 'continue with the planning
stage of this project. '
Mr. Jerry Larsen, one of the geologists from USGS who has worked
with Mr. Shope on the well problems felt that, basically, one of the
problems was that the present wells were not developed to their ful-
lest capacity when they were drilled. A 'letter to this effect should
be in the Town' s files.
Mr. Wayne Newell, also a geologist and a resident of Leesburg,
added that a geological map should be made of the areas in which it
is thought there is water, otherwise, "they are flying blind." He
also suggestedckilling a number of test wells.
346 MINUTES OF NOVEMBER 23, 1977 MEETING. '
0
Mr. Kenneth Rollins , member of the State Water Control Board,
co:muended the Council for the action it is about to take. He has
been negotiating, on behalf of the Board, with the States of Vir-
ginia and Maryland with regard to the effect the proposed low flow
agreement on the Potomac River will have on these states . Leesburg
will not be affected by this agreement. A section in this agree-
ment Win . read as follows : "The portion of the Potomac that is
located between the Little Falls Dam and the, fur.thest upstream lim-
its of the pool of water behind the Chesapeake and Ohio Company at
Seneca, Maryland will be the limit to which it will go to the north."
He felt, .that, .it" is a very important factor to know that Leesburg will
be permitted to take water even at periods of low flow. He also said
that Paxton Well is an excellent well , but it can pump only up to
48 hours at 500 gpm and then it pumps mud. Leesburg is very fortu-
nate to have a good supply of water but it' is not an adequate one.
This has, not just ,happened since the increase in population, but
was true when Leesburg had only ' 3, 000 people. Other councils have
looked time and time again, but with no luck.
There was discussion concerning the kind"of bonds for financing
this project. Mr. Niccolls recommended a General Obligation Bond
and explained .that a GO bond is a lower risk issue and at a lower
rate of interest, 'where a revenue bond is a pledge of water system
revenues only to repay the debt. The Town already has a combined
issue in the bdnds sold in '1972. Mr. Titus said a GO bond carries
the "responsibility of the Council" and 'a reveniie ' bond- sthe re-
sponsibility of the public - there'is., a significant difference. It
was felt that this should be a combination issue. The resolution was
unanimously adopted:
Aye: Councilmembers Bange, Cole, Herrell , Rock, . Titus , Tolbert
and Mayor Newman.
Nay: None.
77-212. - Resolution - Commenting on water supply alternates proposed
by the Virginia Water Control Board.
On motion of Mr. Cole, seconded by Mr. Herrell, the following
resolution was proposed:
WHEREAS the Leesburg Town Council has reviewed the limited
information available on the five alternatives for resolv-
ing water supply needs in Northern Virginia as described
in the notice for the hearing scheduled for November 21 and
22, 1977 ; .
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. This Council supports the strengthening of water
resources and supply facilities for the Northern Virginia
planning region, as long as Leesburg' s projected demand
through the year 2020 has been included in the overall pro-
jections. '
SECTION II. Any alternatives that suggest further impound-
ments on Goose Creek or its tributaries shall be consistent
with Leesburg' s present agreement with the City of Fairfax
dated April 23, 1956, for supply of potable water to the
town.
SECTION III. The Manager is authorized and:directed to
transmit a copy of this" resolution to _the Virginia Water Con-
tmlBoard for incorporation as a part of the public, record
of the water supply hearing held at the J. Lupton Simpson
Middle School on November 21 , 1977.
After discussion, the resolution was adopted by a vote of 6 to 1 :
Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and
Mayor Newman.
Nay: Councilmember Rock.
347
MINUTES OF NOVEMBER 23, 197.7 MEETING.
Proposed resolution exempting certain lots outside the town from
the moratorium on connections to the water and sewer system.
A proposed resolution concerning the above was moved by Mr.
Herrell , but there was no second. On motion of Mr. Rock, seconded
by Mr. Herrell, a substitute motion was offered to send this matter
back to Workshop, with a specific request that Mr. Martin be present
for discussion. Council voted unanimously on this motion.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
77-213 - _Resolution r Waiving business license requirements for
DOHDAH Chair Caning.
On motion of Mr. Rock, seconded by Mr. Tolbert, the following
resolution was proposed and adopted by a vote of 6 to 1 abstention:
WHEREAS a request has been received from Mr. Harold 0.
Bradford for waiver of business license requirements for
DOHDAH Chair Caning;
RESOLVED by the Council of the Town of Leesburg, Virginia,
?: as follows :
Section 17-75 of the Town Code regarding business license
fees for retail merchants and Section 17-74 of the Town Code
regarding business license fees for repair service occupa-
tions are waived for DOHDAH Chair Caning located at 46 S.
King Street.
Aye: Councilmembers Bange, Cole, Rock, Titus , Tolbert and
Mayor Newman.
Nay: None.
Abstention: Councilmember Herrell .
Proposed resolution endorsing the use of .Virginia Commission of Outdoor
Recreation funds and authorizing for later consideration by Coun-
cil , a preliminary project data report for submittal to the Com-
mission'.
om-
mission'.
On motion of Mr. Bange, seconded by•Mr. Tolbert, a resolution
concerning the above endorsement was proposed. After explanation
by Mr. Minor and discussion by Council members, the resolution was
defeated by. a vote of 4 to 3:
Aye: Councilmembers Rock, Tolbert and Mayor Newman.
Nay: Councilmembers Bange, Cole, Herrell , Titus.
Proposed resolution making an additional appropriation for FY•78
for landscaping at the Council Chambers.
On motion of Mr. Herrell , seconded by Mr. Bange, 'a resolution
making the above appropriation was proposed and defeated by a vote
of 5 to 2 :
Aye: Councilmember Rock and Mayor Newman.
Nay: Councilmembers Bange, Cole, Herrell , Titus 'and Tolbert.
77-214 -i -Resolution-Authorizing purchase of replacement sludge re-
- circulation pumps. -
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 enter into a pur-
chase agreement -for two sludge recirculation pumps 'with
Kappe Associates, Inc. , P. 0. Box 1036, 14211 Travilah
Road, Rockville, Md. 20850, at a cost not to exceed $8, 000.00.
348
MINUTES OF NOVEMBER 23, 197.7 MEETING.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman. -
Nay: None.
Town Manager Niccolls reported the following :
(1) The KDA report on the Old and Historic District program -
has been distributed and should -be the subject of. workshops after
the New .Year - it contains a lot of fine recommendations and speci-
fic suggestions for work.
(2) He called attention to the written materials on the Agenda
concerning HB 855, which is likely to be the subject of serious de-
bate in the Legislature. Council may wish to take some very posi-
tive steps on this .
(3) A report on financing waterworks -improvements has also
been distributed.
(4) He and Mr. Martin will have comments on Country Club, Sec.
IV at the next workshop.
(5) On the Potomac River Plant, the key question is the finance
issue. A lo of deadlines have been built into the resolution. He
hesitates tong significant amount of advance work until Council de-
cides whether or not to go for an election. If Council decides to
go the GO route, he will attempt to have a contract let on the Plant
by July and perhaps sooner -than "that, or "at least one transmission
main. The tine from the Plant to Town is designed. The December
31st deadlines will come pretty quickly.
•
Mr. Bange inquired as to why the Police Department has so' many
resignations - he felt that perhaps some system 'should be formulated,
perhaps a contractual agreement, requiring them to work a certain
amount of time after training. This matter was discussed briefly.
Mr. Bange asked if the street and sidewalk repairs have been
precluded from this year' s Budget. Mr.. Niccolls said concrete re-
pairs will be made throughout the year when weather is appropriate.
The contractors work just about year round and so will we.
•
Mr. Bange said the potholes on Edwards Ferry Road are extremely
dangerous. He also asked when the tree on Edwards Ferry Road will
be topped-it is dangerous. Mr. Niccolls said a contract and an
agreement for this work are already in effect- - he will ask Mr.
Chaves to encourage him to do this work very rapidly.
Also, Mr. Bange said the tanks on the Herbert Bryant property
have been taken down, but they are still there. Mr. Niccolls said
the man who was to cut them up has not -performed, so they will get
someone else to do it.
Mr. Titus requested that water rates be discussed at next work-
shop, as well as discussion on 6 - 8 West Loudoun Street.
Mr. Rock asked that the arrows at Catoctin Circle and Route 15
be painted.
Mr. Tolbert said the Highway Department has not finished its
work on the Rt. 15 project. They put in an apron, but no driveway
in one instance; they have not, finished grading - his_ yard is in
worse shape than it has ever been; the telephone cable lines and
some tree limbs are hanging too low; water still comes off of Wirt
Street right down in-his yard and the fences have not been put back
up.
77-215 - Resolution - Requesting permission from VEPCO and assuming
responsibility for Christmas lighting.
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 :
O
seftIiis
• ••0•
MINUTES OF NOVEMBER 23, 1977 MEETING. 349
SECTION I. The Town Manager is authorized to make applica-
tion to the Virginia Electric and_Power Company for the
privilege of attaching to a number of their poles along
King Street and Market Street certain wires and other fix-
tures necessary to provide decorative lighting for the
Christmas season.
SECTION II. The Town will assume all responsibility for
each installation and agrees to save harmless from any loss,
cost, injury or damage to persons or property resulting out
of or arising from the installation, operation, use, non-use
or removal of such installations.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
There was some little discussion concerning the bagging of park-
ing meters before Christmas. This will be discussed at the next work-
shop.
On motion of -Mr. Rock, seconded by Mr. Bange, Council voted
unanimously to adjourn at 10: 20 P.M.
Mayor
��
Clerk he ouncil