HomeMy Public PortalAbout1977_12_14 s'•04041 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 14, 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, on
December 14, 1977. The meeting was called to order by the Mayor
at 7 : 40 P.M. , with the invocation being given by Mr. Tolbert, and
followed with the Salute to the Flag. Present were: Mayor Mary
Anne Newman, Councilmembers Stanley D. Herrell, Jr. , 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.
Absent from the meeting were Councilmembers Charles E. Bange, Glen P.
Cole and James A. Rock (Mr. Rock joined the meeting later) .
The minutes of the regular meeting of November 23, 1977 were
approved as written.
Proposals for Fixed Base Operator lease at Leesburg Municipal
Airport were received by the Mayor at this 'time as follows:
(1 ) James P. Mills, Jr. , Charles Bradshaw, Dr. Russell Carrier,
Brian Jillson and Stephen Leckey.
(2) Century Aviation.
(3) Romag Air Services , Chevy Chase, Maryland.
(4) Federal Airways Corporation.
(5) Group 44 Aviation. (It is noted that this proposal was
received late, but accepted due to delay by bad weather) .
All proposals were accompanied by either cashier' s or certified check,
with the exception of Item (5) , which was accompanied by a personal
check. These proposals will be turned over to the Leesburg Airport
Commission so that they might examine them and make recommendations
to the Council.
Mr. Lawrence B. Wales, Jr. , representing Municipal Advisors,
Inc. , a firm experienced in providing financial advisory services
to many Virginia municipalities, was introduced' to Council by Mr.
Niccolls. Mr. Wales reviewed the three options available -to the
town for financing the proposed Water Plant and pointed out the
benefits of each one. These options are: (1 ) a straight revenue
bond; (2) a general obligation bond; (3) a referendum. He had
reviewed the town' s financial status and felt that neigher :nc
the general obligation nor the referendum-general obligation would
affect the town' s credit - the town has a very fine balance sheet,
it is a well rated community and it has a debt limit of $20,000, 000.
He pointed out that a referendum takes a longer time and is costly.
He did not consider a revenue bond desirable. There followed a
period of questions and answers. Mr. Wales said there are two im-
portant elements: (1) The constitutional debt limit and the appli-
cation of the debt against the debt ceiling because of our State
Constitution; and (2) the analysis of the credit of the community.
On motion of Mayor Newman, seconded by Mr. Titus, Council voted
unanimously to go into executive session to discuss a legal matter:
Aye: Councilmembers Herrell, Titus , Tolbert and Mayor Newman.
Nay: None.
Mr. Rock joined the meeting during the executive session. On motion
of Mr. Herrell , seconded by Mr. Tolbert, Council voted unanimously to
reconvene at 9 : 20 P.M. :
Aye: Councilmembers Herrell , Rock, Titus, Tolbert and Mayor
Newman.
Nay: None.
Proposed Ordinance amending Sections 15-9 and 19-18 of the Town Code.
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 :
351
MINUTES OF DECEMBER 14, 197.7 MEETING.
SECTION I. Sections 15-9 and 19-18 of the Town Code are
amended to read as follows :
Sec. 15-9. Council approval for extension of sewage works.
(a) No extension of the town sewage works shall be
made for the purpose of serving users located within or
without the town, except upon the approval of such' exten-
sion by the Council. Application for such approval shall
be made to. the Council and filed with the town manager.
Such application shall be accompanied by plans and specifi-
11 cations which meet the standards. of the municipality.
(b) The approval of an extension of the town sewage
works shall be conditioned as. follows :.
(1) The sewage works shallbe extended in ac-
cordance with plans and specifications
approved by the Council , and in accord-
ance with the officially adopted sewer
and water extension and connection charge
policy.
(2) The applicant shall secure such easements
or fee simple title, free of defects, as
are necessary, prior to construction and,
T upon completion, will convey, by appro-
.: priate instrument, the completed system,
easements and fee simple title 'to the town,
_ free of costs.
(3) Sewer service connections to lots served
-� by the extension shall be available only
when permitted by the State Water Control
Board.
(4) The extension shall be completed within
two years from the date of approval unless
such period is extended by, Council .
Sec. 19-18. Approval of extensions .
(a) No extension of the town waterworks shall be '
made for the purpose of serving users located within or
without the town, except upon the approval. of such ex-
tension by the Council . Any person desiring such an-
extension shall make application to the Council for the
. approval thereof. Such application- for' approval shall
be filed with the town manager and shall be !ac"companied
by plans and specifications which meet the standards of
the municipality.
(b) The approval of an extension of the town water-
works shall be conditioned as follows :
(1). The waterworks shall be installed in ac-
cordance with. plans- and specifications ap-
proved by the Council , and in accordance
with the officially adopted sewer and water
extension and connection charge policy.
(2) The applicant has securedsuch easements or
fee simple title-, , free of defects , - as are
necessary, prior to construction, and- upon
completion, will convey, by appropriate
instrument, the completed system, easements
and fee simpleititle- to - the' town- free of
costs .
(3) Water service connections to lots served by
the; extension shall be available only when
permitted byethe' State Health :Department.
(4) The extension shall be completed within two
years from. the date of approval unless such
period is extended by Council.
On motion .of Mr. Rock,:, seconded by Mr. Tolbert, Council voted unani-
mously to strike the word "permitted" from Sec. 15-9(b)(3) and Sec.
19-18(b)(3) and insert the words "not restricted."
Aye: Councilmembers Merrell , Rock, Titus , Tolbert and
Mayor Newman.
Nay: None.
352.
MINUTES OF DECEMBER 14, 1977 MEETING.
On motion of Mr. Rock, seconded by Mr. Titus, Council voted unani-
mously to advertise the proposed ordinance, with amendment, for
public hearing on January 11 , 1978 at 7 : 30 P.M. , and that it be
advertised by reference:
Aye: Councilmembers Herrell, Rock, Titus, Tolbert and Mayor
Newman.
Nay: None.
Proposed Ordinance granting a lease to Charles- S. Warner, his suc-
cessors and assigns, of certain real property within the Town
of Leesburg, Virginia. -
On motion of Mr. Herrell , seconded by Mr. Tolbert, the following
ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The Town does hereby. demise, lease and let unto
Charles S. Warner, Box 124, Middleburg, Virginia 22117, for
a period of fifteen years as provided in the annexed Lease
dated , 1977 , the following described prop-
erty:
The land and building located at 6 and 8 West Loudoun
Street encompassing approximately 4, 000 square feetto
• - a depth of approximately-89 feet from the north right-
of-way line, of West Loudoun Street as outlined in red
on a boundary survey of a portion of the Celia Dunn Es-
tate prepared by DeLashmutt Associates, dated June, 1975.
SECTION II. The Mayor shall execute and the Clerk of Coun-
cil shall attest the aforementioned lease on behalf of the
Town.
On motion of Mr. Herrell, seconded by Mr. Tolbert, Council voted
3 to 2 to amend the ordinance by adding another section as follows :
SECTION III. This ordinance shall be effective upon its
passage.
Aye: Councilmembers Herrell , Tolbert. and Mayor Newman.
Nay: Councilmembers Rock and Titus .
The ordinance, as amended, was defeated by. a roll call vote of 2 for
and 3 against :
Aye: Councilmembers Herrell and Tolbert.'
Nay: Councilmembers Rock, Titus and Mayor Newman.
Resolution of Respect for Reed Johnson.
On motion- of Mr. Rock, seconded by Mr. Tolbert, the following
Resolution of Respect, which was read by Mayor Newman, was unanimously
adopted:
WHEREAS, the Council notes with deep sadness the death of
Reed Johnson, who died in Leesburg, Virginia on November 26, •
1977 ; and .
WHEREAS, Mr. Johnson served the Town of Leesburg as a coup-
. cilmember for two years ; and
WHEREAS, Mr. Johnson 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. Johnson' s family their deepest sympathy; 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 copies be sent to Mr.
Johnson' s widow and son. .
MINUTES OF DECEMBER 14, 1977 MEETING. X 3
353
' Aye: Councilmembers Herrell , Rock, Titus, Tolbert and
Mayor Newman:
Nay: None.
77-216 - Resolution - Granting encroachment to James W. Wilhoit, III.
On motion of Mr. Herrell , seconded by Mr. Tolbert, the follow-
ing resolution was proposed: •
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The Manager is authorized and directed to issue a permit
in accordance with Section 16-27 of the Town Code, to
James W. Wilhoit, III for a 2 ' 6" encroachment, 12 feet
in length, on Town right-of-way on West.Loudoun Street,
for stairs, to be located approximately 72 feet from its
intersection with South Wirt Street.
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There followed discussion on this matter, with Mr. Wilhoit being
present to answer some of the questions. The resolution was adopted
by a vote of 4 to 1 :
Aye: Councilmembers Herrell, Titus, Tolbert and Mayor Newman.
Nay: Councilmethber Rock. •
Proposed resolution granting encroachment to C. S. Ruttkay Associ-
ates for The Hub.
On motion of Mr. Herrell, seconded by Mr. Tolbert, a resolution
granting the above-mentioned encroachment was proposed. After dis-
cussion, the resolution was defeated by a roll call vote of 3 to 2:
Aye: Councilmembers Herrell and Tolbert.
Nay: Councilmembers Rock, Titus and Mayor Newman.
77-217 - Resolution - Approving a Special Exception.
On motion of Mr. Tolbert, seconded by Mr. Herrell, the following
resolution was proposed and adopted by a .vote of• 3 to 2 :
WHEREAS, F. E. Bishop, Jr. has applied for a special excep-
tion from certain requirements of Chapter 9-A of the Zoning
Ordinance to permit the use of the property at 152 East Mar-
ket Street as an office; and
WHEREAS, the Planning Commission has reviewed and recommended
approval of the application:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I. A special exception from the following require-
ments of Chapter 9-A of the Zoning Ordinance to permit the
use of the property at 152 East Market Street as an office
as described in a November 30, 1977 letter from F. E. Bishop,
Jr. is approved:
(a) All requirements for plans , surveys and certificates
by an architect, engineer or land surveyor of Sections
9-A-3-1, 9-A-4-2 and 9-A-4-3. •
(b) All requirements for notification of Section 9-A-4-1.
(c) All standards and requirements for public improvements
of Section 9-A-5.
(d) All requirements for fees of Section 9-A-6-15. 1.
SECTION II. This special exception shall be revoked if
uses other than those apecifically described in the appli-
cation and permitted by this resolution are begun on this
property.
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cvs-ve MINUTES OF DECEMBER 14, 1977 MEETING.
354
Aye: Councilmembers Herrell, Tolbert and Mayor Newman.
Nay: Councilmembers Rock• and Titus.
Proposed resolution exempting certain lots outside the Town from the
moratorium on connections.. to the water and sewer_ system.
On motion of Mr. Titus (for purpose of voting) , ' seconded by
Mr. Tolbert, a resolution exempting certain' lots outside the Town
from the moratorium on connections to the water and sewer system
was proposed and unanimously defeated;
Na : None.
Nay: Councilmembers Herrell, Rock, Titus, Tolbert and Mayor
Newman. -
Proposed resolution authorizing well options, awarding- of contracts
and an appropriation. -
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 :
SECTION I. The Town Manager is authorized- and directed to
secure purchase options in the amount of $100 each for the
following:
Owner (Tax Map No. ) Zoning Land' Access Easement Total
1) VDH&T R-1 $18, 000' -- $18,000
2) Failmezger,
Mooney (48-65A) B-2 3, 000 $2, 000 5, 000
3) DiZerega (48-46) R-3 30, 000 -- 30, 000
4) Riley (39-27) R-1 3, 000 1,000 4,000'
5) Consolidated
Dairy (48I-2-B) R-1 8,000 -- 8, 000
6) Consolidated
Dairy (48I-2-B) R-1 ,. 8, 000 . -- 8,000
7) Conrad (48-1) R-1 8, 000 1,000 9,000
SECTION II. The Town Manager is authorized and directed to
enter in to negotiated contracts for construction and de-
velopment of test wells in a total amount not to exceed $25, 000.
SECTION III. An appropriation of $25, 700 is made to Account
No. 10300. 816 - New Wells.
On motion of Mr. Herrell, seconded by Mr.. Tolbert, an amendment to
change the heading "Access Easement" to "Access and Utility Easement"
was unanimously adopted:
Aye: Councilmembers Herrell, Rock, Titus, Tolbert and Mayor
Newman.
Nay: None. -
There followed lengthy discussion, with Mr. Titus and Mr: Rock feel-
ing it is not yet time to specify these particular sites in view of
the fact that it isproposed to -have Sydnor Hydrodynamics make a
study of water supply facilities, and with Mr. Larry -Smith of Sydnor
giving detailed explanations. He said there is, of course, -no guaran-
tee on anything having to do with well drilling. A roll call vote on
the resolution, as amended, defeated it:
Aye: Councilmembers Herrell and Tolbert.
Nay: Councilmembers Rock and Titus.
No vote: Mayor Newman.
355
MINUTES OF DECEMBER 14, 1977 MEETING.
77-218 - Resolution - Authorizing agreements for engineering services
and making •appropriations.
On motion of Mr. Rock, seconded by Mr. Herrell , 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 enter
into an agreement at a cost not to exceed $1, 000.with Betz-
Converse-Murdock• Potomac Group, Inc. , 800 Follin Lane, S.E. ,
111 Vienna, Virginia 22180, for engineering services related
to preparation of a preliminary engineering report on the
proposed water transmission facility connecting the Lees-
burg and the Loudoun County Sanitation Authority and/or
Fairfax City water systems.
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SECTION II. The manager is authorized and directed to enter
into an agreement with Betz-Converse-Murdock Potomac Group,
Inc. for engineering services related to• negotiations with
the Loudoun County Sanitation Authority and the City of Fair-
fax over inter-connection of water systems and the bulk sale
of water to and from the Loudoun County Sanitation Authority
and the City of Fairfax systems.
-- SECTION III. . Appropriations are made to the accounts shown
below for the fiscal year ending June 30,- 1978 as follows :
Account No. , Name & Department Appropriation
10430. 263 Expert Services, Water
Supply Improvements,
Transmission Mains $ 1,000
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10440. 263 Expert Services, Water -
' Supply Improvements,
Inter-agency agreements 2, 000
After_ discussion on this resolution, on motion of Mr. Titus] seconded
by Mr. Rock, Council voted unanimously to strike the words 'and the
bulk- sale of water to and from the Loudoun County Sanitation Authority
and the City of Fairfax systems" from Section II•:
Aye: Councilmembers Herrell , Rock, Titus, Tolbert and Mayor
Newman.
Nay: None.
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The resolution, as amended, was unanimously adopted:
Aye: Councilmembers Herrell , Rock, Titus , Tolbert and Mayor
Newman.
Nay: None.
77-219••- Resolution. - Fpr reconstruction -of Phillips-Nickels Well.
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 :
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SECTION I. The Town Manager is authorized and directed to
enterinto a time and materials contract with Sydnor Hydro-
dynamics, Incorporated, of Richmond, Virginia, for construc-
tion of a well to replace the existing Phillips-Nickels
Well as outlined in their proposal No. 11021-17 dated No-
vember 2 , 1977.
SECTION II. An appropriation of $25, 000.00. is made to
Account No. 10300. 217 , Repairs to' Wells.
356
MINUTES OF DECEMBER 14, 1977 MEETING.
Mr. Smith of Sydnor explained that there is material caving in on
the pump, making it impossible to pump more than approximately
225 gpm. This well is capable of pumping 500 gpm and they feel
that this can be accomplished with the construction of a new well .
The resolution was adopted by a vote of I to 1 , with Mr. Titus not
voting:
Aye: Councilmembers Herrell , fxtetac Tolbert and Mayor Newman.
Nay: Councilmember Rock.
Not voting: Councilmember Titus
77-220 - 'Resolution - For water supplies facilities program.
. . On motion of Mr. Rock, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The Town Manager is authorized and directed to
enter into a contract with Sydnor Hydrodynamics, Incorpor-
ated, of Richmond, Virginia, for a water supply facilities
study as outlined in their proposal No. 11072-17 dated No-
vember 7 , 1977, in an amount not to exceed $4, 975. 00.
SECTION II. An appropriation is made to Account No. 6010. 265,
Expert Services in the amount of $4, 975.00
Aye: Councilmembers Herrell , Rock, Titus, Tolbert and Mayor
Newman.
Nay: None.
77-221 - Resolution - Accepting Deed of Easement from George R.
Failmezger and Edward R. Mooney, Jr. , Trus-
, tees for waterworks improvements.
On motion of Mr. Herrell , 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 26th day of October, 1977, by
and between George R. Failmezger, Trustee and Edward R.
Mooney, Jr. , Trustee, and the Town of Leesburg,- for the
construction, reconstruction, maintenance, replacement or
repair, use and inspection of water main or mains, -includ-
ing necessary appurtenances, over, across,, through and under
the land of the Grantors, and for a "temporary -construction
easement", contiguous to the permanent easement during the
original installation of water main for any and all purposes
related thereto, which shall become null and void once con-
struction is completed, is hereby accepted and the Mayor is
hereby authorized to acknowledge the same, on behalf of the
Town.
Aye: Councilmembers Herrell, Rock,-- Titus, Tolbert and Mayor
Newman.
Nay: None.
77-222 - Resolution - Making appointment to Leesburg Planning Com-
- mission.
On motion of Mr. Herrell , seconded by Mr. Tolbert, the follow-
ing resolution was proposed and unanimously adopted:
WHEREAS, theterm of_ office of James L. Griffith- as a member
of the Leesburg Planning Commission expires. on 'December 31 ,
1977 , -
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows: •
James L. Griffith is hereby appointed a member of the Lees-
burg Planning Commission for a term of four (4) years, the
term of office to expire on December 31, 1981.
MINUTES OF DECEMBER 14, 1977 .MEETING. 357
Aye: Councilmembers Herrell ,- Rock, -Titus, Tolbert and Mayor
Newman.
Nay: None.
77-223 - Resolution - Making an appropriation for fiscal year 1977-78.
On motion of Mr. Herrell , seconded by Mayor Newman, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
An appropriation is made to the following account for the
fiscal year ending June 30, 1978 :
Account No. and Naine " Appropriation
10310. 810 - Facilities Plan . $ 2, 033. 61
Aye: Councilmembers Herrell, Rock, Titus, Tolbert and Mayor
Newman.
Nay: None.
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Mr. Niccolls reported the following:
(1) The report on public iiaoility insurance is background in-
formation for action-at a later time.
(2) The Water Control Board will seta-,public hearing on the
Dulles Area Watershed Policies.
(3) We have experienced an increase in pumping capacities, with
additional supplies being stored- in the new tank. There will be a
written report on the recent experience and pointing to trends ; also,
an indication on results of the excess water use rates.
(4) He called attention to letters from the Health Department •
concerning Andover Well tests and the Fireman' s Well. He did not
feel that these are serious operational problems.
Mr. Rock understood that there will be a meeting on December 20th
concerning the Federal Flood Insurance Rate Study. He asked if this
is the final map. Mr. Minor said it is the modification for the final
map.
Mayor Newman reported that Mr. Niccolls, Mr. Shope, Mr. DeFaico
and she attended a public hearing of the Water Control Board last
week, at which time they asked the Board to consider a variance from
the present Goose Creek effluent limits. A copy of Mr. DeFalco' s
statement has been distributed to Council members. It appears that
the Board will have a public hearing on this, so perhaps this was a
step in the right direction. However, Mrs. Audrey Moore of COG asked
for a copy of the statement, so we may not be "out of the woods" yet
insofar as land treatment is concerned.
Mayor Newman also reported that she has received a letter from
the Sanitation Authority requesting a meeting with the Town concerning
the purchase of water. There being no volunteers to serve on a com-
mittee for this purpose, she said she will contact Mr. Gheen and see
what they can set up. 1♦
Mr. Leland Mahan, representing Mr. John C. Wright, said he under-
stands the resolution adopted concerning land owned by Mr. Wright.
However, this does not apply to the Wellesly Trust, a partnership,
requesting sewer capacity for Section IV of Country Club Subdivision.
Mr. Titus felt that they are entitled to an answer. Mayor Newman
promised that this item will be on the next Council agenda. A Mr.
Aitchison, one of the Trustees of the Wellesly Trust, made a plea to
Council to make some decision insofar as they are concerned, they now
have subcontractors and suppliers lined up to go to work to develop
this property, provided they can have water and sewer, or at least
sewer and an agreement to drill wells. Mr. Mahan said they have
waited three hours for a vote on this matter and he felt they de-
358
MINUTES OF DECEMBER 14, 1977 .MEETING. .
serve an answer. He understood that sewer capacity is available and'
this property is within the Town' s one-mile jurisdiction. A recess
was called by the Mayor at 11 :07 P.M. to consider this matter, how-
ever, it was decided not to take any action tonight.
Council reconvened at 11 : 22 P.M. Mr. Titus left the meeting at
this time. •
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Proposed resolution making appropriations for the fiscal year_ending
June 30, 1978'. .
On motion of Mr. Herrell , seconded by Mr. Tolbert, a resolution
making appropriations for the fiscal year ending June 30, 1978 was
proposed. After explanation by Mr. Niccolls, the resolution was
voted on, with the vote being 3 to 1 :
Aye: Councilmembers Herrell , Tolbert and Mayor Newman.
Nay: Councilmember Rock.
The resolution was defeated due. to the •fact that an •appropriation
must have the approval of a majority of the Council 4 votes.
strOn motion of Mr. Tolbert, seconded by Mr. Herrell, the meeting
was adjourned at 11 : 30 P.M.
Mayor
C er of t ounce
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