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.
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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