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HomeMy Public PortalAbout1979_05_09 • - 3d MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 9 , 1979 . ,A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on May 9, 1979 at 7 : 30 P .M. The meeting was called to order `by. the Mayor, with the invocation being given by Mr. Tolbert, and fol- lowed with the Salute to the Flag. Present were: Mayor Kenneth B. Rollins, Councilmembers Glen P. Cole , Stanley D. Herrell , Jr. , G. Dewey Hill, Jr. , Marylou Hill , Walter F. Murray and John W. Tolbert, Jr. ; also Town Manager John Niccolls and Assistant- Manager Jeffrey H. Minor. Hazel Church was appointed Clerk Pro-Tem in the absence of the Clerk. The minutes of the regular meeting of April 25 , 1979 were ap- proved as written. PETITIONERS : Mr. John Groschan, Vice-President of Betz- Converse-Murdoch, Inc. , distributed to Council members a handout :on ..the proposed Po- tomac River Water Filtration Plant, consisting of (1) sizes and cri- teria of various units and equipment within the plant; (2) cross- section pictures of the type of filters that will be used in the plant and (3) schematic drawings (site plan, hydraulic profile and schematic flow sheet) . Mr. Robert Neeson, President of BCM, explained in detail the kit processes that have been selected and provided on the plans and specifications for the purpose of taking water from the Potomac River and to deliver the water to the Town ' s distribution system, basically through the elevated tank. This is done simply by (1) providing a conduit through which the water can be taken from the River and delivered to the tank; (2) by providing sufficient ca- pacity in the pumps that are used to force this water through the pipe and (3) by providing the processes, the tanks, the equipment and the various chemicals necessary to provide a potable and useful process by the time it arrives at the Town ' s system. This is a product of many, many years of development, it meets State Health Department requirements and is selected to provide a reasonable amount of competition in the bidding of the work. The ultimate capacity of this plant is 10 mgd - the clear well is sized for 10 mgd, the piping from the intake structure is provided with capacity for 10 mgd and the size of the pumping station is designed for 10 " mgd. Other processes have been designed for 2; mgd in accordance with State Health Department requirements . An additional capacity of 5 mgd has been provided for the'time the Health Department will allow this. With minor additions of instrumentation and control , the Plant will be able to treat 5 mgd. An artist ' s rendering of the Plant was presented, along with sketches of individual equip- ment to be used for different processes. Fluoride application has been provided for in the design which has been sent to the Health Department. Mr. Neeson felt that the permit issued by the Health Department will provide for the use of all the facilities in the design. A decision will have to be reached as to whether or not to use fluoride - this is probably the only real choice that is made in this process. The amount of natural fluoride in the Potomac is very low. MANAGER' S REPORT: (1) He called attention to the report on estimated costs of _the Potomac River Plant which is attached to the Agenda. (2) Mr. Taylor is in New York to deliver the bonds to the buyers and to collect the money and see it is properly wired to Leesburg. The funds have been invested at several interest rates averaging 10 . 2 percent or better. Most of it is in F & M Bank and the remainder with two others, who bid in the area of 9 . 8 to 10, , so we have a spread of some 4 percent working starting tomorrow. (3) Paving of the parking lot was completed yesterday. They feel the very poor soil conditions have been overcome and that it should have a long life without repairs. The costs are coming in below or at the cost plus contract under which they are working. Pavement marking will be done within the next week or so, along with the landscaping. The lot will be ready by June 1, as promised. AWN MINUTES OF MAY 9 , 1979 MEETING. 348 (3) The Evergreen Mill water line has been filled for its first test - the contractor finished this well below the cost had we chosen the unit price contract with Corman. There is a slight delay in receipt of some minor control equipment, but it looks like everything will be ready on time (June 1) . (4) The FAA and the State have passed through the $42, 000 final payment on last year ' s Airport work. The audit was cleared through the New York office of FAA and the check was received Tuesday, so the Airport Fund is built back up and has reimbursed the Utility Fund with interest for the monies that were advanced on this project. (5) He distributed copies of a letter written to Mr. Wagner of the Highway Department concerning the Route 7 West urban project. This letter sets out six specific concerns about the project and he has asked him to respond to these. COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Cole had received a request from Mr. Van Dera (second house on the right on Fairview Street) to move the 25 mph speed limit sign to the other end of his yard - he felt this might dis- CN courage cars from running over his yard. Also, Corman did a bad job on sowing grass out there. Mr. Niccolls said the engineers are preparingplans toput the pipe in out there - this will be P � P done this summer and Mr. Shope felt some money can be saved by not requiring Corman to do such a good job on this grass since it will be torn up anyway. A good job will be done after the pipe is in the ground. Money for this is in the Budget, although it has not been appropriated yet. Mr. Cole asked that the ditch be cleaned out and sprayed for mosquitoes. Mr. Niccolls said it can be cleaned out but the town does not do any spraying. Mr. Hill asked if there is any explanation for the high flow at the sewer plant with so little rainfall? Mr. Niccolls said Mr. Chaves has set up several check-points for Mr. Hyatt' s crew to look for major inflow points. These average flows exceeded our permit limitation, but it shows that the total pounds of pollutants going into the stream were within our permit limitation. We will be able to show EPA that our plant was operated successfully even though we had excess water. Mr. Herrell asked if the trash can be cleaned up on Sycolin Road and if a sign can be erected? Mr. Niccolls said he has is- sued a work order for this and a sign will be erected. Mr. Tolbert said the catch basin in his yard is filling up again - the bank was never properly seeded and it is washing down. He understood from the Highway Department that the Town was sup- posed to do something about this. PETITIONER: Mr. Dennis Janicki, a resident of 161 Valley View Ave. asked that someone from the town look at the drop inlets located at the corner of Valley View Avep e and Catoctin Circle (four of them) - they are from 8" to 12"/.w1H@' said his little girl almost went down into one of them recently. He also complained that there is a se- vere case of spalling on the entire corner of Valley View and Ca- toctin Circle. He contacted the Public Works Department last year. They told him they were aware of this and this work would be put on the list for the fall. Nothing was done and he talked with Mr. Chaves again in the spring of this year. He came and looked at the situation and wrote him a letter that stated the concrete is scaling and there is evidence that the driveway entrance and sidewalk have been damaged by a sharp object. The sidewalk does not warrant replacement at this time. He said he would check it again in late summer and, if it warrants it, it will be placed on the sidewalk replacement list for this fall. He exhibited the situation on snapshots and explained how this had happened in his estimation - not by a sharp object. He felt this situation war- rants action now and requested that councilmembers look at it. 34- 9 MINUTES OF MAY 9 , 1979 MEETING. There followed heated discussion between Mr. Murray, who felt there are more important items to be taken care of by the town right at this time, and Mr. Janicki, who felt it should be done now - he is a taxpayer in this town and he is not going to pay his taxes until it is done. Mayor Rollins felt he does have a problem and asked the Manager to look at the situation and, if it warrants attention now, it will be done . Councilmembers agreed to look at this problem too. MAYOR' S REPORT: Mayor Rollins said the ditches on Davis Avenue need a lot more dirt - also the ones on Old Waterford Road (both of these on the Corman projects) - they are continuing to sink until the proper in- spection is done. He added that the town put some shoulders on this road and that the resurfacing work done on the east end of town was an exceptionally good job. He asked that they be careful in filling in the trenches not to break up the shoulder of the road. Mayor Rollins also advised that the State Water Control Board and the Environmental Protection Agency want to have a meeting with Leesburg sometime in the next couple of weeks concerning the expan- sion of Leesburg ' s sewage treatment plant. This will be a very im- portant meeting, not only for Leesburg but for the entire State of Virginia, since this will be the first plant in the State where the new policy of not funding advanced wastewater treatment will be con- sidered. The question is what degree of treatment will be required for Leesburg for expansion. He felt it would be appropriate for the town to have a position as to how the expansion should fake place and what degree of treatment. There should probably be some consulta- ;i, tion with our engineers before this meeting. There followed dis- cussion concerning the amount of treatment that will be required. Mr. Niccolls said this will b'e set up for discussion at the next committee meeting. Mayor Rollins also asked what the situation is concerning the street markings on Route 7 east? Mr. Niccolls said they are in the process of obtaining larger arrows and it needs to be remarked fairly soon. He felt it will function properly once the larger arrows are placed and after traffic gets a little used to the situation. Mayor Rollins had also received a complaint from Mrs . Conrad at the corner of Blue Ridge Avenue and Prince Street concerning water that runs down across her yard. He asked that someone take a look at this. Mr. Herrell commented that he felt something should be done in connection with the drop inlets mentioned by Mr. Janicki if it is found necessary - this could be a dangerous situation. Mayor Rollins set the Budget workshop meeting for Monday night, May 14th. 79-71 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON PROPOSED REZONING OF FREDERICK F . FLEMMING PROPERTY LOCATED ON MORVEN PARK ROAD. On motion of Mr. Cole, seconded by Mr. Herrell, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A Notice of Public Hearing to consider proposed re- zoning from "R-1" to "MC" Medical-Hospital Center District, 1. 4 acres of land located on the east side of Morven Park Road, shall be published in the Loudoun Times-Mirror on May 24 , 1979 and May 31 , 1979 for public hearing on June 13 , 1979 at 7 : 30 P .M. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. Mrs. Hill said the Planning Commission voted unanimously to change the zoning from "R-1" to "MC" , but they recommended that the ingress and egress to and from the site be provided in a location other than Morven Park Road. There was considerable discussion as to whether Aft MINUTES OF MAY 9 , 1979 MEETING 350 the Planning Commission had recommended the rezoning with this con- tingency. Dr. David Miller, spokesman for the group of doctors re- questing this rezoning along with Mr. Flemming, said they understood that this was a contingency but, upon receiving a copy of the min- utes from the Planning Commission and after consultation with Mr. Forbes, they were advised that this was not a contingency, but a recommendation. Meantime, the hospital had granted them a break in the fence and a foot path across its property. It was their inten- tion to again seek the recommended access after the building was under construction. Mayor Rollins said the Council cannot rezone property with a contingency - they could, however, turn it down. Dr. Miller said the Hospital Board will be meeting around May 23rd and it is their intention to again ask them for this access . There followed further discussion concerning an alternate access to and from this property. Mayor Rollins said this can be discussed further at the public hearing. The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. O Proposed Ordinance revising parking meter time limits for the Market CD Street Municipal Parking Lot and establishing permit parking CC only for the Vinegar Hill Parking Lot. O Q On motion of Mr. Herrell, seconded by Mrs . Hill, a resolution revising parking meter time limits for the Market Street Municipal Parking Lot and establishing permit parking only for the Vinegar Hill Parking Lot was proposed. On motion of Mr. Herrell, seconded by Mrs. Hill, it was proposed to send this ordinance back to Com- mittee for further discussion. There was discussion concerning the 10-hour meters in particular, as well as requests from the Downtown Business Association. The motion to re-refer this back to Committee was unanimously adopted: Aye : Councilmembers Cole, Herell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None . Proposed Resolution consenting to parking regulations for sections _ of East Loudoun Street and South Harrison Street. On motion of Mr. Herrell, seconded by Mr. Tolbert, a resolu- tion consenting to parking regulations for sections of East Loudoun Street and South Harrison Street was proposed. On motion of Mr. Cole, seconded by Mr. Herrell, Council voted unanimously to send this resolution back to Committee: Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay : None. 79-72 - RESOLUTION - AUTHORIZING AGREEMENTS FOR SANITARY WASTE DIS- POSAL FROM NON-USERS OF THE SEWER SYSTEM. On motion of Mrs. Hill, seconded by Mr. Herrell , the following resolution was proposed: RESOLVED by the Council for the Town of Leesburg in Virginia as follows : The manager is authorized to enter into agreements with Euram Furniture Company, Route 7 East, Leesburg, Virginia, and Cassidy Brothers , Route 7 East, P. O. Box 1162 , Lees- burg, Virginia, under which the town by its own labor and equipment will provide "pump and haul" sanitary waste dis- posal services to the Euram Furniture Company and Cassidy Brothers (tax parcel 27 , section 49) properties under the following terms and conditions : 1 . The agreements shall be for a term not to exceed one year. Ant MINUTES OF MAY 9 , 1979 MEETING. 351 2 . Before any service is provided the owner of each property shall pay the availability fee in the amount as determined under Section 15-14 of the Town Code. 3 . The property owners shall provide all necessary facilities on their property, as approved by the Director of Engineering, to permit collection with town equipment . 4 . The owners of the properties shall pay a service charge of $125. 00 for each service call plus $1. 90 per 1, 000 gallons for all sewage collected. 5. The agreements shall cover existing buildings and facilities only. 6 . The owners of the properties shall agree to connect their properties to the sanitary sewer system when practical . Mr. Niccolls explained how they arrived at the proposed costs. After discussion concerning these costs, on motion of Mr. Murray, seconded by Mr. Herrell, the following amendment was proposed to Paragraph 4 : CO 4 . The owners of the properties shall pay a service 1-D charge of $100. 00 for each service call plus $1 . 90 per 1, 500 gallons for all sewage collected. After lengthy discussion, the above amendment was unanimously de- feated: Aye: None. Nay: Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . On motion of Mr. Hill , seconded by Mr. Murray, a second amendment was proposed and unanimously adopted: 4 . The owners of the properties shall pay a service charge of $80. 00 for each service call plus $2 . 85 per 1, 000 gallons for all sewage collected. Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None. Council also felt that any future applicants for such service would be considered on a case-by-case basis . The resolution, as amended, was unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None . 79-73 - RESOLUTION - AUTHORIZING A CONTRACT FOR FLOW -ANALYSIS AND REHABILITATION OF SANITARY SEWERS IN LEESBURG AND MAKING AN APPROPRIATION. On motion of Mr. Murray, seconded by Mr. Tolbert, the follow- ing 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 a contract with Penetryn Systems, Inc . of Latham, New York 12110, for flow analysis and rehabilitation of the sanitary sewers in Leesburg in accordance with Penetryn ' s proposal dated April 23, 1979 , at a cost not to exceed $66 , 991. 00 . SECTION II. An appropriation is made from the Utility Fund to Account No. 20600 , 806b in the amount of $66 , 991 . 00 for the fiscal year ending June 30 , 1979 . MINUTES OF MAY 9 , 1979 MEETING. 352 Mr. Hill commented that, based on the current flow charts, we cer- tainly need to have this work done . Mayor Rollins felt something must be wrong with these flow charts, there certainly should not be that much more sewage to be treated than the amount of water pumped. Mr. Niccolls reminded that some of our equipment was not recording properly a year ago, however, the Water Control Board was advised of that fact. At any rate, it was felt this work needs to be done. Mr. Niccolls said they would probably start right away and would be with us until fall to complete the work. The resolution was unani- mously adopted: Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 79-74 - RESOLUTION - REGARDING AUGUST COURT DAYS, 1979 . On motion of Mrs . Hill, seconded by Mr. Cole, the following resolution was proposed: WHEREAS, the Town Council has endorsed August Court Days as CD an annual event in Leesburg for amusement, culture and com- a) merce; CD WHEREAS, the Loudoun Restoration and Preservation Society, Inc. , proposes to conduct an August Court Days 1979 cele- Q bration within the Town on August 18 and 19 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The closing of King Street from Loudoun to Corn- wall Streets , and the closing of Market Street from Church to Wirt Streets, to motor vehicle traffic for use during August Court Days, 1979 , August 18 and 19 , is approved contingent on the following: ' (a) Persons wishing to use these streets without participating in the August Court Days , 1979 cele- bration, shall not be obligated to make any donation for doing so. (b) King Street and Market Street shall be re-opened for traffic only by 7 : 00 p.m. , Saturday, August 18 and shall remain open until official August Court Days activities resume Sunday morning, August 19 . SECTION II . The Loudoun Restoration and Preservation Society, Inc. , is authorized to use the northwest portion of the mu- nicipal parking lot for August Court Days activities. SECTION III. The Loudoun Restoration and Preservation Society, Inc. , shall carry liability insurance coverage in the amount of $500 , 000 bodily injury and $100, 000 property damage, with the Town of Leesburg being named as additional insured, for its activities during August Court Days, 1979 and a certifi- cate of insurance for this coverage shall be furnished to the Town by July 30, 1979 . SECTION IV. Section 17-63 of the Town Code is hereby waived for both the crafts people and food vendors in connection with the August Court Days , 1979 , provided all such crafts people and food vendors have registered with the Loudoun Restoration and Preservation Society, Inc. , and the Society has furnished the Town with a list of those participating in the August Court Days celebration. On motion of Mr. Herrell, seconded. by Mr. Tolbert, it was proposed to amend the resolution by striking Paragraph (b) of Section I . Mr. Niccolls said he receives complaints each year because these • streets are not re-opened on Saturday night. Mayor Rollins also had received some comments concerning this. The amendment was adopted by a vote of 5 to 2 : Aye : Councilmembers Cole, Herrell , D. Hill, Murray and Tolbert. Nay: Mrs. Hill and Mayor Rollins. 353 MINUTES OF MAY 9, 1979 MEETING. The resolution, as amended, was unanimously adopted: Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 79-75 - RESOLUTION - AUTHORIZING A CONTRACT FOR ENGINEERING SER- VICES FOR DESIGN OF FAIRVIEW SUBDIVISION STORM DRAINAGE IMPROVEMENTS AND MAKING AN APPROPRIATION. On motion of Mr. Cole, seconded by Mr. Herrell , the follow- ing 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 a contract with Bengtson, DeBell & Elkin, Inc . , of Centreville, Virginia, for engineering design of Fairview Subdivision storm drainage improvements as outlined in that firm' s proposal No. 79-30 , dated April 19 , 1979 , and amended April 27 , 1979 , at a cost not to exceed $10 , 950. 00 . SECTION II . An appropriation is made from the General Fund to Account No. 10110 . 853 in the amount of $10 , 950 . 00 for 1r the fiscal year ending June 30, 1980 . ;y Mr. Niccolls advised that Mr. Minor is preparing the final applica- tion for the Grant and two public hearings will be scheduled - it is a matter of "pushing paper. " The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 79-76 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARINGS ON AN APPLICATION FOR COMMUNITY DE- VELOPMENT SMALL CITIES SINGLE PURPOSE GRANT FUNDS FOR FAIRVIEW SUBDIVISION. On motion of Mrs. Hill, seconded by Mr. Tolbert, the follow- ing resolution was .proposed: RESOLVED- by the Council of the Town of Leesburg, Virginia, as follows : A notice of public hearing on an application for Community Development Small Cities Single Purpose Grant funds shall be published in the Loudoun Times Mirror on May 17 , 1979 for public hearings on May 23, 1979 and May 29 , 1979 at 7 : 30 p.m. in the Council Chambers, 10 West Loudoun Street , Lees- burg, Virginia. Mayor Rollins said this will necessitate a special meeting. Mr. Minor said special session will be required following the second hearing in order to authorize the submittal of the application. The deadline is around June 4th . The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. Mr. On motion of Mrs . Hill , seconded by Tolbert, Council voted unanimously to adjourn the meeting at 10 : 00 P .M. Q Mayor X. d%GZ Cler of Council Pro-Tem