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HomeMy Public PortalAbout1978_04_26 f • 72 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 26, 1978. A regular .meeting .of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg; Virginia on April 26., 1978: The meeting was called to order by the Mayor at 7 : 38 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. , C. #nd. John.W Tolbert J also Deputy Town Manager Juan aRgb' �r/a�ia n�C� � i T$ e n Vg 'M � gtin. Absent was Councilmember James A. Rock, . Proposed Ordinance amending Sections 15-57 , 15-58, 19-45 19-47 and repealing Section 19-46 of the Town Code (Water and Sewer Rates) . On motion of Mr. Cole, seconded by Mr. Tolbert, an ordinance , amending Sections 15-57, 15-58,. 19-45, ,1947• and repealing Section 19-46 of the Town Code (water. and sewer rates) was proposed. Mr. Titus said this item has been discussed several times and it seems to be the consensus that these rates are inappropriate. If these are inappropriate, what is appropriate? He felt it is time to make a decision. Mayor Newman said this. has been discussed for some time and four or five rate structures have been suggested. She asked that each Council member comment on the proposed rate structures. Mr.. Tolbert felt that more time is needed to give more considera- tion to' the problem - the rates are too high for some of the elderly people -"as a matter of fact, for a whole lot of us." Mr. Cole had considered making an amendment to thi's proposed ordi- nance, but felt it needs more study for legal purposes and for the whole structure. - they need more time. • Mr.. Herrell felt that the rates definitely have to be increased ' in order to support .the system. However, he agreed with Mr. Tolbert - people on fixed incomes will have to' be given some special considera- tion. We are all going to have to face the fact that the rates have to go up. Mr. Bange agreed with Mr. Herrell - the rates definitely have to be increased, but he is opposed to the resolution as it is written. He isopposed to the continuing availability charge. He felt that the ordinance needs more work on it. On motion of Mr. Bange seconded by Mr. Tolbert, a moti'&A/PWdcable this proposal and bring it back to Council the second meeting in May with new proposed rates: Council will work on it ,at its next workshop: From the gathering of some 100 water users came the questions of "Why not discuss it tonight when the people .are here?" and "Where is the Town Manager tonight?" • Mayo"r Newman stated that the Manager is attending an International City Managers ' Association conference. Mr. Bange said this isnot a workshop session, it is a regularly scheduled meeting of the Council . Mr. Titus said, concerning the rates as proposed tonight, he -will unequivocably not vote for any increase in the water rates until the capital improvement program that is a part of the water rates is set on a basis thatis equitable. He, too, was against the continuing availability charge. It is proposed to spend $1, 400, 000 on capital im- provements and to pay for this over a five-year term. The town may develop two wells, to the tune of $300, 000, and if they produce, they will certainly last over five years, as would the capital improvements. He felt Council should 'set a rate that the taicpayers, etc. can under- stand; also, the Council should decide itself what it wants to do with the water rates. ' Mayor Newman said it is quite obvious that we need an increase of some kind in the water and sewer rates ; actually, it should have started four to five years ago - as the costs for operating the•. sys- tem increased, the rates should have increased. As an example: Four years ago, the cost for electricity at the Sewage Treatment Plant was $8, 000 - today it is $23, 000. The cost of chemicals was under $10,000 - now it is $33, 000. You can' t keep assimilating all these charges. 73 MINUTES OF APRIL 26, 1978 MEETING. There was extreme dissension in the audience, with a demand to be heard tonight in spite of the fact that a public hearing had pre- viously been properly advertised and held on this proposed ordinance. Mayor Newman said it is obvious that the proposed rates are not pala- table to the residents of Leesburg, and the Council is obviously not in agreement either. Mr. Bange called for the question on his prior motion to send this matter back to Workshop. A vote on this motion was unanimous : Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: None. Mayor Newman announced to the audience that Council has voted to send this ordinance back to its next workshop and invited the interested parties to come to that meeting. Mr. Titus added that Council did not pick these figures "out of the air" and invited the interested residents and water and sewer users to get a copy of 'the documents and study them if they want input into this matter. He said these documents ,"can" be available from the Manager' s Office. ' 78-67 - Resolution - Authorizing an agreement; approving a guarantee L, for installation of public improvements and ap- proving water and sewer extensions for Peer Manor Subdivision. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and adopted by a vote of 5 to 1 abstention: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The manager is authorized and directed to execute the standard agreement for public improvements for Peer Manor Subdivision, Sections 1 and 2. ' SECTION II. Extension of municipal water and sewer works for Peer Manor, Sections 1 and 2, is approved. • SECTION III. An escrow account in the amount of $56, 400 to guarantee installation of public improvements in Peer Manor Subdivision, Section 1 , in accordance with plans approved by the Director of Engineering, Is approved. Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Titus. A short recess was called by Mayor Newman, after which the resi- dents and non-residents interested in the water and sewer rates were heard. Mrs. Peggy Smith felt that this increase in water rates is ridicu- lous - it will not give us any additional water. She did not think that wells are the answer tb more water, with. the .growth that is taking place in the town. Mayor Newman commented that; "since April of last year, the Town has searched for new water sources and dug five dry holes. Hopefully, one of two new locations will produce water. The cost of putting a new well "on line" is. approximately $200, 000. Mr. Titus added that there is a figure of $300, 000 included for two new wells, so the proposed increase will give more capacity. Mayor New- man said there has been a moratorium on new water connections for a year because there is no water available. Mrs. Smith commented on the Carrvale houses now being constructed - she felt supplying those people already living here and connected are more important than new houses. ' Mr. Milan Pavich had the following questions and criticisms : ' (1) There really hasn' t been much of an. effort. to have -open public hearings on the water issue; (2) There seems to be a management problem with the Town wells - how, then, can a more complicated water treatment plant and pumping station be managed properly? ; MINUTES OF APRIL 26 , 1978 MEETING. (3) What will the reaction be to three times as much as the present rate for poor quality water coming from the Potomac? ; (4) Are there remaining legal questions about the availability of the water from . the Potomac, particularly in periods of low flow? ; (5) How reliable is the water? The River doesn' t store water - it transmits it. It is dependent upon climatic cycles of rainfall , so it is an unreliable source; (6) What does the Town really need in the way of water? He has heard figures from 1, 000, 000 to 3, 000,000 mgd. Why would the Town need 3, 000, 000? ; (7) It seems the citizens are not being con- sulted on the method of payment - the borrowing of $5, 000, 000. In essence, the Council is asking the citizens to use their property as security for a loan over which they will have no veto power. Mr. Shope said they had chosen seven sites and the USGS recommended two of these. The town is proceeding to drill on these two in the next week. Mr. Titus said the Town is not, at the present time, involved in the low flow problem, however, '-this dries not say we might not be in the future. Mr. Rollins advised. Council about a month ago that the Town is not subject to the agreement involving the jurisdictions below Seneca. Mrs. Winslow Williams asked what is the long-term plan for supply- ing water to Leesburg as it grows? Mayor Newman felt this was obvious with the Council ' s vote to go to the Potomac last week. This was voted on a good many years ago but, bythe time the land was acquired and the plans drawn, the money was used up. After last summer' s drought, it became increasingly obvious that Leesburg must have a re- liable source of water. The cost of the Plant is in the neighborhood • of $5, 000, 000. Mrs. Williams felt that new citizens will be needed in order to pay for this; but that people thinking about this will think the cost is prohibitive and will not come to Leesburg. This, then, leaves the cost to the present citizens and there are not enough of them. Mr. Herrell did not think this would be any problem - there are many developers just waiting for water. Mr. Titus said, accord- ing to the Comprehensive Plan, there is room for 20, 000 people in the town. This is one of the reasons this - Council 'and the past de cided to serve those in the corporate limits before those outside. After a lot of study on the part of this Council and past Councils, it was determined that the Potomac River is the best way to go. Mrs. Williams felt that digging wells was "throwing good money after bad." Mr. Titus said their potential is as a back-up system. Mr. Joseph F. McMurrer thought the town should just go on to the River. He was not sure there was a shortage - we seem to have become governed by a fear of shortages. Both Mayor Newman and Mr. Titus said they would be glad to have him come to their homes the next time they have mud coming from their spigots. Mr. McMurrer also questioned Mr. . Niccolls remark recently that they would like to make more connec- tions in October. Mayor Newman said we are not allowed to do this yet - it would have to be subject to Health Department approval . We have not yet released the water restrictions. Someone in the audience questioned the waste of water when the Hospital tank was drained for repairs. Mr. Chaves explained that they did try, but by the time the tank was half-way drained, the pressure fell so low that sections of town had no water at all, particularly Normandy Village. Mayor Newman explained that this tank had not been rehabilitated or repainted in 15 years. Mr. Gary Rohrbaugh felt that the proposed rate structure is ex- cessive on those low income people. If the rate is to be increased, it should be on those who use excessive water. He favored leaving • the° excess use rates, rather than an increase. Mr. Bange said he would like to see those rates lowered. Mrs. Kennylee Frost asked why only six or seven sites were chosen and why did the Town not ask the Geological Survey "where" to look for water? Mr. Shope said these sites were chosen from a map provided by the USGS, but they would not pick the sites for us. Mrs. Frost also understood that last winter there was a rumor that the water pressure was so great that it had to be released in order to keep the old pipes from breaking. Mr. Titus said to the contrary is generally the rule. Mayor Newman said the town is in the process of making some major reno- vations now to increase water pressure• in certain areas. This is part of the capital improvements program, which will be paid for in the rate increase. Mrs. Frost was also not happy about drinking water from the Potomac. 7,5 MINUTES OF APRIL 26, 1978 MEETING. Mrs. Norma Moles asked how many years are planned to pay the debt if they go to the Potomac? The answer was 25. However, Mr. Titus pointed out that this rate has nothing to do with going to the Potomac. Mr. Herrell explained that the proposed rates are to support the system now. Mr. Titus said the projected rates were $2. 35 at a five percent growth rate to go to the Potomac. The pro- posed rates will potentially take dare,of the Potomac water system. Both Mayor Newman"and 'Mr: -Herrell"explained 'that,' when water 1"s' `_' "- -- ' ' ' available, growth in the town- will help pay for the system, 'in the meantime, the present users of the system must pay for•-its sripport. Any new homes being constructed now are those for which connections were granted prior to the Health Department imposed moratorium, or they-are'diggingtheir own'wells. Mrs. Judy Brenigar suggested that the workshop session be held in a larger place; also, that a Fact Sheet be compiled for that meet- ' ing. Mr. Bill Turkington, of Country Club Subdivision, called atten- tion to a Petition which was presented to Council earlier; asking that Council reconsider the proposed rates.- There were 175 homes that signed this petition. They have no representation hire since they live outside the corporate limits and they pay 50 percent more for their water and sewer service. Last summer the water was brown, et dirty and full of garbage in his swimming pool ; also, he had to change .? elements in a practically new water heater because of the tremendous F amount of corrosion, limestone and rust. This is the same water they %z- drink. He was also concerned about the growth in Leesburg - it is known to have high water bills. In fact, if till's rate structure is put into effect, Leesburg will have the highest water rate structure in this part of the United States. He asked that Council keep the rates down so that they might invite others to move in and five in Leesburg and its environs. • Mr. Rom 'Skujins, also of Country Club, did not' feel that Leesburg could support a larger water system - it should be a regional system I from the Potomac. Since Country Club is in the County, he felt the County should be involved and have some control over these rates. He also understood that some of the money derived from the water rates is used to administer "clerical and other supporting activities" of the water system. If the system is' self-supporting, why do they pay 50 percent more? Mayor Newman and other members of Council explained that those outside of town do not pay taxes to the town, therefore, they must pay their share of operating and maintenance costs and ' the debt service so that the residents of Leesburg do not subsidize them. The transfer of funds from the General Fundto the Utility Fund was also explained - some employees perhaps spend one-half of their time on utility fund work - hence, the transfer. Mr. Skujins could not understand why the water use restrictions had not been lifted. Mayor Newman explained that we have not yet had normal rain- fall to allow this. ' Mr. Rob Roy McGregor, a fairly new resident of Country Club Sub- division, was not aware that he was going' to be paying more for water because he lived outside the corporate limits. He assumed that the rate would be based on a logical depreciation schedule for improve- ments that had to be made for the people outside the town and that, since they were pretty new, maintenance costs" would be less • for them. Of the $1, 400, 000 worth' of capital improvements required, he knew- of only $300,000 set aside for two wells. He did not know what the balance is for, nor on what basis these costs are amortized. He was interested solely in getting a fair and equitable distribution of the rate and was willing to pay his fair share, but absolutely no more. He did not understand why business gets a better rate than' householders. If the population of Leesburg is approximately 10, 000, what is the pop- ulation outside of the Town that is served with water? Mayor Newman said the population is close to 10, 000 - there are 2220 water connec- tions inside and outside of town - somewhere around 220 are outside. He did not know what the water requirement is over time vs. the availa- bility, but he felt steps should be taken to solve both the near term and the long term problem. Hefelt it would be more advantageous to turn the increased cost into increased cost per gallon so that the people might better understand it. ' Mayor Newman described some' of • MINUTES OF APRIL 26, 1978 MEETING. the capital improvements. We are required to have stand-by generators at our wells - a cost of $71 , 000; we recently installed 'a gravity separator at the Myers Well to eliminate a sand problem - $14, 000; we are in the process of installing six water mains to alleviate low pressure problems - $273, 000; we are presently repainting and repair- ing the Hospital standtank - $60, 000; 'we ate replacing some pumps at the Sewage Treatment Plant - $8, 000; we arq hopefully, going to de- velop a new well or two - $200, 000 to $300,000; controls to allow central operation of the Town water supply will be installed - $83, 000. Mr. Titus advised that the rate increase and these capital improvements ' are basically short-term - the long-term problems will be served by the Potomac River Plant. State Health Department requirements have changed significantly in the last several years. A year and a half ago we were required to take off 'two of our best sources of water, thereby losing a third of our capacity. They are back on the system now as an emergency situation and we hope to rehabilitate one of these. These changes in requirements have increased the costs significantly. The bonds that built the water and sewer systems are backed by the taxpayers of the Town - this is. one of the reasons for higher rates outside town. Mr. Paul Swift said the capital improvements so far add up to only $878, 000. What are you going to do with the rest of the money? You say you need more people, yet there is no water to do this - also, you have to run trunk lines to increase pressure to some areas - it looks like somebody was not planning when these extra people were put on. Mr. Bange explained that one of these areas is Fairview Subdi- vision, which is an old, old area. Since that was built, Normandy Village was built. You have to up-grade the old system to get to the new system. Mr. Swift said the percentage of increase in the population has doubled outside of town more than it has inside town. Mr. Titus disagreed - 'there has been a sewer mo torium outside the corporate limits for four years. Mr. Swift said/inflation rate has been six. percent per year. The town is asking for an increased rate on water "of 235 percent. Mr. Herrell said there has been no increase in ten years. Mr. Swift did not feel that 50 percent over what Town resi- dents pay is their fair share. They do support the Town by buying gas, groceries and other items in town. He also did not feel that it is right to pay for sewerage to wash cars, water the lawn or plants. Mr. Herrell was violently opposed to the people outside of town paying the same rate as those in town. Mr. Swift accused the Council of saying they need more people on the lines for more revenue, yet you want to charge more for water than anywhere in the United States. People don' t want to do' this . Mr. Herrell felt that the people outside of town are here because they can buy property much cheaper here than they can in Fairfax County, as an example. Mr. Swift again said that 50 percent more is not their fair share. Mr's. Suzanne Fowler did not feel that the 50 percent surcharge was fair and suggested charging a flat fee for every house over and above their water usage. Mr. Bange asked if they thought it would be fair for them to pay taxes on their homes and automobiles at the same rate Leesburg residents pay. Mrs. Fowler said they do not get the same ser- vices Leesburg gets. Mr. Bange then asked if the resident's of Wellesley and Country Club would be willing to petition the Court for annexation to Leesburg? This is why previous Councils set this rate 15 years ago. Mrs. Fowler still did not think that 50 percent is fair and asked Mr. Bange if he did. Mr. Bange said "No, " this is why they are sending ' it back to workshop. for further discussion. Mayor Newman said Mr. Niccolls apparently thinks the surcharge is too high - he has sent a Memo to Council concerning this that they have not yet had a chance to look at. Mr. Titus asked how these people would feel about the Town billing bi-monthly or some other method. ' They felt this would require some thought. Board of Supervisors Member Henry Stowers, who represents most of these people, said these people have no vote, so they are really at the Council ' s mercy. The Board of Supervisors has no control over the Town' s water system. He asked that Council look at this 50 percent surcharge and, if it can be proven that this is their fair share, they would be willing to go with it. He felt Council was wise in deciding to hear these people tonight. ' • MINUTES OF APRIL 26, 1978 MEETING. Mr. Richard Simpson said some research- was done on possible annexa- tion by their civic association and• it was found that, with the then existing water rates, they would break about even as if they paid taxes and had a lower water rate. His present usage of 16, 000 gallons costs $41.40 \- with the new rate, it would go up to $77. 46. Those people in . town would go from $27 . to $51. He figured- he would be paying $22. 00 per quarter just for the privilege of being connected to the system before he even used any water. He said that Mr. Niccolls told the civic association that the Town of Leesburg did not want to annex them because it would cost more than what the houses would bring in for taxes. Mr. Bange interjected that, on his "break even" basis, they would also have additional street lights, police service, garbage and trash collection and the streets would be plowed in the winter. "Mr. Simpson had a copy of the reports from the Town Office and felt there was no back-up for charging 50 percent more for out of town service. • He also questioned the increase from $60, 000 to' $295, 000 to be transferred from the Utility Fund to the General Fund in order to pay for increased costs. Mr. Titus said the $60, 000 was an arbi- trary figure used about three years ago - it is the intent of this rate to make the system self-supporting. Mr. Simpson said if the system is to be self-supporting and you do not have to transfer any , tax dollars for it, their arguments for charging out-of-town custo- mers 50 percent more do not exist. If there are additional costs just to serve those out-of-town, then those residents should pay for it. He also felt that perhaps the present availability charges are T- not enough to cover building costs. Mr. Titus pointed out that the CV system is backed by the bonding power of the Town,- not by those out- of-town. Mr. Simpson asked if it is the Town' s intention to have Ceach of the water and sewer systems . pay fol themselves? He referred to the method used by Fairfax County, whereby' they determine a normal usage of water and sewer in the winter and anything over the normal amount in the summer is presumed to be used outside, therefore, no sewer charge is made for that extra amount used in the summer. Mr. Titus said hewould prefer to see these people- in the- corporate limits - whether it is cost-effective or not is a matter for the Council to decide. . Should the question of,annexation arise , agarin, he asked that, they: come to the , Council c not to. the staff. . .Mr. Bange said it is his theory that the sewage charge should be no . more than - one-half the water usage. Mrs. Della- Farris said. the increased water rate wouldwork a real hardship on them. She asked that Council. consider the low-in- come and fixed-income people. when setting the rates. She also sug- gested the replacement of extremely old water meters, however, she was advised that the Town already has a ,program for this. Mrs. Margie Harrison asked that Council give careful consideration to rates for the elderly and . those on fixed incomes, either by enacting a lower . rate or the- higher rate, with a discount for the elderly, etc. She also called attention to the fact that Fairview. Subdivision has been annexed for 18 years and they still have no curbs, gutters or sidewalks. - Mr. Fred Guivea felt that the rates given in the- newspaper and those given to him in the town office are very confusing. He was concerned about this since he is presently being billed on an excess use charge. , This charge should be rescinded now. Mr, Ken McKenzie was confused as to whether or not the water system is or is not self-supporting.-• . Mr. . Titus and Mayor Newman advised that it is not now. .Mr. McKenzie -felt that the out-of-town residents should be treated as a family along with those in town, since they all share many other things not mentioned..here ,tonight. ,He asked what the Town contributes to the local Fire Department. Mr. Titus advised that this is on a per capita basis and is $8, 400 to $8, 500. Mr. . Titus.pointed .out .that, ,if,the Town is going to- fund $1,400,000 worthtal improvements to..sustain.. theisystem, -the -same dollars must .be found - it isjust a mattertof how we- do this. Mr. .Swift asked if this ,proposed rate`is going .to take- care of this and .how..many..years it will take to do this..- -.Mr. Titus -said this has been done in .five different ways . Mayor Newman said this study is in a large bound cover and may be obtained from the Town Office. ® MINUTES OF APRIL 26, 1978 MEETING. The question was also asked if it would be cheaper to go back to the Fairfax system. It was pointed out that Fairfax had a problem last year supplying the Loudoun County Sanitation Authority and they could cut us off before they did others-. Mr. Titus said this Council does `not necessarily agree that the best way is the cheapest way. Going to the Potomac River is the best and most autonomous way to go. Question was also asked if all of the test wells are inside the cor- porate .limits. It was pointed out that they are not and that, if we find water outside of town, we must buy that land. Mayor Newman advised that theAndover Meadow Well is a Class II well - there is nothing wrong with the water, but the State specifications require that a well be at least 100 feet deep. We do have this available • for a stand-by source. Also asked was whether or not the Potomac Plant would accommodate growth of another 35, 000 to 40,000 people. The Plant will be expandable, but a larger sewage treatment plant would be necessary: Someone also inquired about using the water from the quarry. It was explained that this was tested and it would not meet State requirements - besides the fact that it is surface water. Question was also asked if the rate for sewage service only will increase. Mr. Cole said it is proposed that it will triple - this will affect him. personally. Mayor Newman invited those inter- ested to attend the workshop session next Wednesday night at 8 : 00 P.M. After a short recess, the meeting was reconvened at 10: 15 P.M. 78-68 - Resolution - Approving the sale of Century Aviation, Inc. stock to John Tilghman. • On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the present stockholders of Century Aviation, Inc. , ' desire to sell 1 , 500 shares of stock in Century Aviation, Inc. , to John Tilghman, of LaPlata, Maryland; and WHEREAS, the Leesburg Airport Commission did recommend ap- • proval of said sale at their April 17, 1978, regular meet- ing; and • WHEREAS, Article XIV, Section 2, of the lease and operating agreement with Century Aviation, Inc. , provides for town consent prior to the sale or transfer of more than 10 per cent of Century Aviation' s stock; • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: The proposed sale of 1, 500 shares of Century Aviation, Inc. stock to John Tilghman, of LaPlata, Maryland, equal to one- third of the stock issued, is approved. Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: None. • 78-69 - Resolution - Granting a right-of-way and easement to Chesa- peake and Potomac Telephone Company of Virginia on Leesburg Municipal Airport property. 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 Mayor is authorized to execute an agreement granting to the Chesapeake and Potomac Telephone Company of Virginia a• right- of-way and easement on Leesburg Municipal . Airport property to construct, operate, maintain, replace and remove a com- munication system consisting of such buried cables, buried wires, posts, terminals , location markers and other appurte- nances, as grantees may from time to time require, upon, under, across and over the land ,which the undersigned owns or in which MINUTES OF APRIL 26, 1978 MEETING. ' ` 9 the undersigned has any interest, and upon, under,- along and over 'the' roads, streets and highways adjoining the said land, together with rights of ingress and egress over, under and across the lands of the undersigned to and from said sys- tems for 'the purpose of exercising the rights' herein granted; to open and close fences; td cut down and- keep cut down all trees and undergrowth within ten (10) feet of said system; to carry in said system the wires, cables , circuits and -ap- purtenances of any other company, including all electric wires, and to bury cable as shown on a plat attached to said agreement. The Company will pay for damage to fences and growing crops arising from the' construction and maintenance - of the aforesaid system. Aye': Councilmembers' Bange, Cole, Herrell, Titus, Tolbert and Mayor Newman. Nay: None. ' • Proposed resolution authorizing advice to the State -Health Department concerning new water connections. On motion of Mr. Tolbert, seconded by Mr. Bange, a resolution authorizing advice to the State Health Department 'concerning new water connections was proposed. After discussion,, it was felt that this is premature. On motion of Mr. Bange, seconded by Mr. Titus, Council voted unanimously to send this proposal back to workshop for further consideration and documentation: CZ Aye: Councilmembers Bange, 'Cole, Herrell, Titus, Tolbert and Mayor Newman. - Nay: None. 78-70 - Resolution - Authorizing notice of publication of public hearing_ on proposed amendment to Article 10A of the Leesburg Zoning Ordinance. 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 : A notice of public hearing to consider a proposed amendment to Article 10A, Old and Historic District, of the Leesburg Zoning Ordinance shall be published in the Loudoun Times- Mirror on May 4, 1978, and May 11 , 1978, for a public hearing on May 24, 1978, at 7 : 30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Va. • Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: None. 78-71. - Resolution - Granting waiver of site plan requirements. On motion of Mr. Tolbert, seconded by Mr. Cole', the following resolution was proposed and 'adopted by a vote of 4 to 2 abstentions : WHEREAS, the Leesburg Planning Commission has recommended the following waiver of Site Plan Requirements, and. ' WHEREAS, the Leesburg Board of Architectural Review has approved the proposed addition, 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 an addition to the rear of a service station located at 43 South King Street, as per the written request and in accordance with the sketch submitted with the 'request by J. Stephen Williams. Aye: Councilmembers Bange, Cole, Tolbert and Mayor Newman. Nay: None. Abstentions : Councilmembers Herrell and Titus. -' 8 - MINUTES OF APRIL 26, 1978 MEETING. • 78-72 - Resolution - Authorizing an a•reement and -approving a per- formance •bond and sewer extension permit for construction on Dry Mill Road. On motion of Mr. Cole, seconded by Mr. Titus, the following resolution was proposed and unanimously adopted after discussion: . RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The _Town Manager, is authorized and directed to execute the :standard agreement for public' improvements to 'provide sewer service to two lots on the east side of Dry Mill Road •ap- proximately 300 feet south of its intersection with Ca- toctin Circle. Extension of the municipal •sewer works for this project is approved, and a cash performance bond in the amount of $7, 315.00 to guarantee installation of the sewer in connection with plans approved by the Director of Engineering is approved. • Aye: Councilmembers Benge,- Cole-, -Herrell , Titus, Tolbert and • Mayor Newman. • Nay: None. - Proposed resolution concerning extension of utility service to the new Leesburg- Elementary -School. - • On motion of Mr. Herrell , seconded by Mr. Tolbert, a resolution concerning the extension of utility service to the new Leesburg Ele- mentary School was Pra 8 e nAA though there was- no problem as far as furnishing the sere c was elt that there might be a problem since this is outside the corporate limits. On motion of Mr. Cole, seconded by Mr. Herrell , Council voted unanimously to send this mat- . ter back to workshop for further discussion: - Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: None. - 78-73 - Resolution - Authorizing- a contract for resurfacing part of Route 7 east. On motion of Mr. Titus, seconded by Mr. Tolbert, the following resolution was proposed: - RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : - - f SECTION I. The manager is authorized and directed to enter into a contract with SamFinleyCo. , a Division of Ashland Warren, Inc. , 'Box 41 , Chantilly, Virginia 22021, for as- phaltic concrete resurfacing on Route 7-East inanamount not to exceed $4,000. 00. SECTION II.. An appropriation •is made to Account No. 10110- 809, Street••Resurfacing,- in the amount- of $4, 000. 00 'for the fiscal year ending June 30, 1978. Mr. Chaves explained that- this will cover only the- worst areas from about 200 feet north of Fort Evans -Road to the entrance to the Com- monwealth Bank, particularly in the westbound lane. The resolution was unanimously adopted: • Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. - Nay: None. Mr. Shope reportedthat a letter and a check have been received from Mr. Wright for the golf course water main -- we still do not have the final cost from Perry Engineering, but it will be less than an- ticipated. They did an excellent job. M • ayor Newman reported that Mr. Tolbert, Mr. Niccolls and she met with Mr. Rogers Fred, Trustee of the Paxton Home. It was decided that the Town would make up a counter-proposal and then talk with them again. MINUTES OF APRIL 26, 1978 MEETING. 64 Mr. Bange asked that Edwards Ferry Road be patched. Mr. Chaves said they are aware of the holes, but Tri-County Asphalt was -hot work- ing last week due to rain, . so they could not get any patching materials. The holes were filled -for the week-end. . - . -. - Mr. Titus asked that the crosswalk to the school east of Lee Avenue be obliterated and that a large line 12 inches wide with the word STOPbepainted on the pavement. Also, the intersection of Catoctin Circle and Dry Mill Road needs repairing. 78-74 - Resolution - Approving deferral of installations; granting . waiver .and approving a bond for -18 Sycolin Road. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed and adopted by a vote of 5 to 1 -abstention 'aftef discussion: WHEREAS, the Planning Commission on April 20, 1978, granted preliminary approval of the site plan submitted by Stanley D. D. Herrell , Jr. for property located at 18 Sycolin Road, . - contingent upon Council approval of Mr. Herrell ' s -submitting a cash performance band for curb and gutter and road widen- -int to be utilized if and when. the road is improved, and ut WHEREAS, the site plan as approveddoes not call for the e installation of sidewalk, in accordance with standard re `V F-. quirements : - :L. Ct THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : - SECTION I. The deferral of installation of certain require- ments of Chapter 9-A of the Zoning _Ordinance applicable to the conversion of 18 Sycolin Road from residential use, as recommended by the Planning Commission, is approved. IIISECTION II. The waiver of sidewalk requirements .of Chapter 9-A of the Zoning Ordinance for 18 Sycolin Road is approved. SECTION III. The Town Manager is authorized and directed to execute the Standard Agreement and the- cash performance bond in the amount of $1, 802. 00 •is approved with the understanding - that the developer will not- install the facilities, but will release the cash bond to the -Town-- to be used exclusively for improvements to Sycolin Road. • Aye: Councilmembers Bange, Cole, Titus,, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Herrell . Mr. -Titus commented on pies of two letters from Mr. Chamblin - one written as a citizen antdfother representing the residents ,of Mon- roe Manor Subdivision. Mr. Herrell was present at the meeting In ques- tion and felt that this was not exactly what went on at the meeting. He did think there is a problem as to whether the Commission allows open discussion at their meetings. Mr. Bange said their meeting is conducted as the Council ' s - if a member wants to discuss something it is alloyed - however, it is not discussed as it is at a workshop or a public hearing. It was felt that Mr. Leach should send a re- - sponse to the Council on this letter. Mayor Newman was to take care of this matter. She did feel that the Madison House representatives have been "led down the garden path, " - this is an R-4 multi-family zoning and the ordinance says they must be served with town water and sewer. She asked why we have allowed these people to dig wells? Mr. Shope said he had furnished a letter to the applicant stating - that he had met all the site plan requirements. Mr. Titus asked the Town Attorney to review the action of the Planning Commission with respect to Madison House in writing to the Council at his earliest convenience. He also understood that there is a remedy in the newspaper tonight in the form of BZA action and asked Council to oppose this remedy in the form of a resolution at its next regular meeting. He asked that this be discussed at the next workshop. • 131 MINUTES OF APRIL 26, 1978 MEETING. Mayor Newman said there has been no decision as to the connection fees yet.: Mr. •Titus felt there wag.no question about this, they will have- to 'pay the • same rates as "anyone else. Mr. "Shope said the "three wells drilled will furnish .them with the water required by the State Health Department and they intend 'to drill one more. Mayor Newnan also ques- tioned whether or not this building will be in the flood plain. Mr. Shope said the building was "notched" so that it not - 'they have had the flood plain delineated on -the plan in accordance with the SCS study and the Town , Zoning "Ordinance. They did not .do a flood plain study. Mr. Titus said if the flood plainIs -violated it is a serious matter - the Town could lose its flood insurance. Mr. Shope said it, is not accurate Co transpose lines from a 400 scale to a 10 scale. Mr. Bange asked why the Planning Commission was not advised of any flood plain problem. Mr." Shope said this was not brought out when the F-1 zone was established. He asked 'if it is .expected to go by the F-1 -zone on the map or make each "developer 'do a study. Mr. Bange said both he and Mr. Jackson of the Planning Coimuission raised the question as to whether or not it "was in the flood plain and they did go back and notch that corner of the building so that it would not -be. Mr. Shope said there istno question in his mind, but he will not certify it. Mayor Newman asked if this is to 'be a three-story burning all above ground. Mr. Shope said it is. After further discussion of the flood plain problem, Mr.. Titus asked, with Council ' s agreement, that the -Mayor convey to the proposed developers that Council will expect a full .flood plain study on the site prior to its approval of - the bonding requirements, etc. because of the potential hazard to the • Town' s flood insurance. Mr. Bange said that, according to the resolutions adopted at Council 's special meeting last week, the Manager was directed to contact Bengtson-DeBell & Elkin to procure the necessary" information by May 10th. He learned today that they have not yet been contacted. Mayor Newman said they have been asked verbally if 'they can do the work. • Mr:• Bange felt that,' if they are going to get this work done, they must be directed to do it. Mr. Shope said Mr.. Niccolls had met with -Mr. Bengtson early this week and he (Mr. Shope) has shown the plans to two employees of Bengtson-DeBell this week. Mr. Titus felt this must be done in writing. Mayor Newman said she would take care of this matter tomorrow. Mr. Titus apologized for not having the Subdivision Ordinance re- vision completed. It has beep revised and will be edited by: another member of the committee and sent back to Council as soon as possible. He said there are extremely drastic changes and it, will have to be ad- vertised for; public hearing again. On motion of Mr. Bange, seconded by Mr. Cole, the meeting was adjourned at 11:07 P.M.• " Mayor f g-- • • er of t/ ci