HomeMy Public PortalAbout1982_01_27 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 27 , 1982 .
286
A regular meeting of the Leesburg Town Council was held in
the School Board Annex meeting room, 30 West North Street, Lees-
burg, Virginia on January 27 , 1982 at 7 : 30 p.m. The meeting was
called to order by the Mayor, with the invocation by Mr. Tolbert,
and followed with the Salute to the Flag led by Mr . Bos . Present
were : Mayor G. Dewey Hill, Jr. , Councilmembers Charles A. Bos,
Stanley D. Herrell, Jr. , Marylou Hill, John W. Tolbert, Jr . and
Howard M. Willis, Jr. ; also Town Manager John Niccolls, Assistant
Manager Jeffrey H. Minor, Police Chief James M. Kidwell and Town
Attorney George M. Martin. Absent from the meeting was Councilman
Glen P . Cole.
MANAGER' S REPORT:
(1) Mr . Niccolls reported that there was a discharge of No. 2
fuel oil into the sanitary sewer system over the past week-end.
This was an accident, caused when a Southern States delivery man
pumped about 1200 gallons of fuel oil into what he thought was an
4 oil tank in the downtown area. The pipe was, in fact, a cleanout.
This oil is poisonous to the bacteria that are essential to the oper-
ation of the plant - both the trickling filters and digesters . As
a result, there has been a major pollution incident at the plant,
both in the accumulation of fuel oils on the effluent into the streams
and then in through the plant itself. The efficiency of the trick-
ling filters has been cut by 50 to 75 percent and the accumulations
of the petroleum product into the digesters themselves has imbalanced
the chemical situation in them, hampering their efficiency. In addi-
tion, the sludge in the digesters has been contaminated, so we can-
not apply it to the land as we have been doing. There is some 260, 000
gallons of material to deal with. The suspended solids seem to be
in pretty good shape as it is discharged into the streams - however,
we expect the BOD levels to be pretty high. There is a bad petroleum
odor at the plant, of course. In response, they have done several
things . First, they contacted the State Health Department and the
State Water Control Board, as required under the terms of our permit,
and sought their advice. They had no valuable advice and our plant
personnel seemed to know more than anyone else. and have taken the
steps they can . In addition, they have contacted BCM and asked
their recommendations . Today he has asked Randy Shoemaker to con-
tact firms that specialize in this type of cleanup. It appears we
are going to have to clean the digesters - they hold about 150, 000
gallons each of sludge and liquid material . To clean them means
they will have to be drained and the sludge removed to some place
else. The cleaning operation vi1l interrupt our normal sludge opera-
tions, so the company will also have to be responsible for the re-
moval of any sludge accumulation that exceeds our holding capacity.
The plant is able to recirculate the sludge for a limited period of
• time. We should have some prices by the end of next week on this
particular operation. He expects the cleanup will cost possibly
in the tens of thousands of dollars . Mrs. Hill asked if the fuel
company will pay for this? Mr . Niccolls assumed so - we feel they
are fully responsible and notice has been given to them that we
intend to hold them responsible for negligent damage to our sewer
system. They have been advised of the type of damage and that we
have no estimate of the expenses yet (it could be as much as
$50 , 000) . Because of their negligent act, they will remain in vio-
lation of our permit for discharges in the stream, over which we
have no control - we can 't stop people from using the sewer system.
They have reacted in a very cooperative manner - they take their
• error very seriously. They must have liability insurance,—so we
are not too concerned about that - they certainly have assets in
Leesburg that exceed the value of this damage. Mr . Hill asked
how a cleanout could be so readily available to something like
this? Mr. Niccolls said he did not have the exact address , but
it would be a small iron pipe with a threaded connection stick-
ing up in the back yard of one of the older buildings - it prob-
ably looks much like an oil filler pipe. Mr. Herrell asked how
they knew about it? Mr. Niccolls said the men at the plant
spotted it Saturday and Randy Shoemaker got involved over the
week-end. On Monday he asked Mr. Shope to help Randy track it back
by having the inspectors check. He decided to ask the oil companies
if they were missing any oil and Southern States immediately said
one of their delivery men was a little nervous about a drop he made
MINUTES OF JANUARY 27 , 1982 MEETING . 287
on Saturday. We are very fortunate to find the people responsible.
He had no idea how long the plant will be affected, nor what con-
tracts will be needed or how much will be spent. It may be appro-
priate for Council to give him authority to award the necessary
contracts and obligate funds to fix it as quickly as possible. He
felt we can go by the advice of our engineers and award a contract
to clean the digesters - they have to be cleaned . The trickling
filters will come back more or less naturally as the bacteria grows
over the filter media.
(2) The water supply system is improving - we have been gain-
ing about 50, 000 gpd in our storage. Randy Shoemaker feels we are
again in a comfortable situation. Our experience with Paxton Well
has been very good over the years , but even it has been showing some
signs of reduced production. He learned on Tuesday that the con-
tractors at the water plant feel they will be ready for final start-
up on February 22nd - this means they will go through the plant and
each and every motor, controller, instrumentation device, valve
(all the assemblies) will be tested beginning on this date. This
means that probably by March 15, we could be producing water at the'
treatment plant under emergency circumstances. We don ' t want to
put the plant into operation on an emergency basis because it means
we would be accepting responsibility for the operation of some of
this gear perhaps before we really want to. In any event, we can
see a permanent end to any possible Leesburg water supply shortages
by about March 15th.
(3) The engineering department reports that the Tuscarora
Creek project and King Street engineering projects are both under-
way. The BCM contract for STEP II work at the Sewage Treatment
Plant has been sent up to EPA for final approval .
(4) The engineering work on the exit taxiway project at the
Airport is about 90 percent finished and bids should be received in
early March.
(5) The Public Works Department has been pretty much engaged
in snow and ice control activities over the last several weeks and
in work at the Council Chambers after the fire. The architect has
looked at the building this week and he has orally indicated that
the damage was superficial . About 10 floor joists and some sub-
flooring need to be replaced, as well as electric wiring in the
basement and the carpet upstairs . There will be painting
and cleaning then before everything is back in order.
(6) Jeff Minor is in the process of going through the selec-
tion of consultants to do the market analysis at the airport.
(7) He called to attention the dates on the calendar for the
cable television training sessions - February 25 and April 1 .
(8) Council should have received copy of a letter sent to the
residents on South King Street concerning the allegations of zoning
violations at 150 South King Street. The letter said that, after
some negotiations with the owner, there was agreement on his part
to discontinue storage of the portable dish. The Town Attorney,
Zoning Administrator and he agree that there is no significant vio-
lation of the Zoning Ordinance - at least no actionable violations.
COUNCILMEMBER INQUIRIES AND COMMENTS : •
Mr. Bos asked what the distinction is between storage of the
portable receiver used for business operation and permanent instal-
lation of a receiver for use within the residence? Mr. Niccolls
said the portable dish was on a trailer and used in business activi-
ties for demonstration to clients - the permanent one was one owned
by the tenants - we have these elsewhere in Leesburg on residential
properties .
Mr. Bos also said councilmembers should be aware that the Lees-
burg Area Management Plan is out of the Planning Commission and up
for a public hearing in about a month. They have a subcommittee
288
MINUTES OF JANUARY 27 , 1982 MEETING .
of the Planning Commission called a Comprehensive Development Plan-
ning Committee that removed some of the recommendations of the
Leesburg area plan, including any reference to annexation issues
and any reference to which jurisdiction should provide sewer ser-
vice in the area. The committee did feel that the Planning Com-
mission and the public should be aware of what was in the original
plan - the original recommendations by the committee that Mayor
Hill, Mr. Forbes and he served on. Their public hearing will be
on Wednesday, March 3rd for review of this plan. He assumed it
will be forwarded then to the Board of Supervisors. Mr . Niccolls
said he has asked staff members to carefully review this latest
draft and they would like to discuss with the Council a position -
a series of statements they would like him to consider about the
draft. Mayor Hill asked if the chairman has requested that this
be put back in the draft? Mr. Bos said this is included on the
front cover. There are copies of this available for other council-
members.
Mrs. Hill asked that both committees consider putting fire
alarms in the Council Chambers while this work is being done - these
alarms would go directly into Fire Control . In fact, every building
the town owns should have such a system. This could save a lot of
money and damage.
Mrs. Hill said the Museum is coming along fine. They keep find-
ing new things wrong and have no money. They do plan to take care
of eight or nine broken windows in the next week in the Odd Fel-
lows Hall . There will also be some caulking and some small general
things done.
Mrs. Hill said she has heard from one of the citizens to whom
this letter was sent and they do not feel satisfied with this expla-
nation.
Mr. Bos asked Mrs . Hill to explain the details surrounding the
withdrawal of the DeHart rezoning application? Mrs. Hill said he
can come back at any time. She has heard unofficially that he is
considering coming back with "MC" - he withdrew without prejudice
due to the pressures of the public .
Mayor Hill asked if the Planning Commission is aware that, by
meeting jointly with the Council at the next meeting, they might
want to act that night? Mrs . Hill said she will make them aware
of this at their next meeting. Several have asked and she has ex-
plained. Mr. Niccolls said the Planning Commission is allowed 60
days to act and they have to act before Council does . Mrs . Hill
said they could conceivably act that night. They will be meeting
after the hearing and she thinks they will . They agree with it.
Mr. Niccolls said they will be in public session and can act if
they wish. He did not know that there is that much hurry.
Mr. Willis asked if there is any time frame on the Council
Chambers? Mr. Niccolls did not feel we have been slowed down that
much on the upstairs and we were planning on that job being fin-
ished by March 15th. The time frame on both levels should be about
that - certainly by April 1 .
Mr. Herrell said he has talked with Rev. Layman, Pastor of the
Leesburg Methodist Church, concerning parking on South Wirt Street.
He read a letter from Rev. Layman concerning this matter. They
have asked that Wirt Street between Loudoun and Market Streets be
made one-way, with 15-minute parking along the west side of the
street. Mayor Hill referred this to the Utility and Public Works
Committee for its next meeting and asked that Rev. Layman be ad-
vised when this meeting is.
MAYOR' S REPORT:
Mayor Hill said Mr. Cole has been appointed to fill out the re-
mainder of his term. Although he could not be present for tonight' s
meeting due to a previous commitment, he welcomed him back and said
he has been assigned to the Public Works Committee, which he attended
last week.
MINUTES OF JANUARY 27 , 1982 MEETING.
289
82-0-5 - ORDINANCE - ADDING A NEW SECTION 10-158 . 1 TO THE TOWN
CODE CONCERNING DISPOSITION OF INOPERABLE
ABANDONED VEHICLES .
On motion of Mr. Willis, seconded by Mrs. Hill, the following
ordinance was proposed :
ORDAINED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . Chapter 10 of the Town Code is amended by adding
I/ a new section to be known as Section 10-158 . 1 to read as fol-
lows :
Sec . 10-158 . 1 . Disposition of inoperable abandoned vehicles.
(a) As used in this article the word "abandoned motor
vehicle" means a motor vehicle, trailer or semitrailer or
part thereof that :
(1) Is inoperable and is left unattended on public
property for more than 48 hours , or
he-
Q (2) Has remained illegally on public property for
uct a period of more than 48 hours, or
Q (3) Has remained without consent on private prop-
erty, including but not limited to any commercial park-
a ing place, motor vehicle storage facility or establish-
ment for the service, repair, maintenance or sale of
motor vehicles, whether or not such vehicle is brought
onto or left at such property with or without the con-
sent of the owner or person in control of the property
for more than 48 hours.
(b) Notwithstanding any other provision of this chapter,
' or the provisions of Section 46 . 1-88 of the Code of Virginia,
as amended, when in the opinion of the Chief of Police, any
abandoned motor vehicle, trailer , semitrailer or part thereof
which is inoperable and which, by virtue of its condition,
cannot be feasibly restored to operable condition, may be
disposed of to a demolisher, without the title and without
the notification procedures, by the person, firm, corpora-
tion or political subdivision on whose property or in whose
possession such motor vehicle, trailer or semitrailer is
found. The demolisher, upon taking custody of such motor
vehicle, trailer or semitrailer, shall notify the Division
of Motor Vehicles , on forms and in the manner prescribed by
the Commissioner and, notwithstanding any other provision
of law, no other report or notice shall be required in such
instance.
SECTION II . This ordinance shall be in full force and effect
from and after its passage.
Mr . Bos said he sees a real need for this and will vote for it, how-
ever, he thinks it is written in such a way that it could be abused
under special conditions . He could not think of any other language
that wouldn ' t take away from the enforcement of it. Our present
Chief of Police has a good discretionary outlook, but another one
in different times may not have and it could be abused. Chief Kid-
well said this doesn ' t make his job any easier, but it has to be
done. Mayor Hill concurred with Mr . Bos . The ordinance was unani-
mously adopted:
Aye: Councilmembers Bos, Herrell, M. Hill , Tolbert, Willis
and Mayor Hill .
Nay: None.
MINUTES OF JANUARY 27 , 1982 MEETING .
290
Mrs . Hill requested that _a_proposed ordinance concerning the
investment of idle funds be sent back to committee.
82-10 - RESOLUTION - AUTHORIZING CONTRACT FOR MODIFICATIONS OF ELEC-
TRIC TRAFFIC SIGNALS .
On motion of Mr. Willis, seconded by Mr. Bos, the following reso-
lution was proposed and unanimously adopted :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . The manager shall enter into a contract with Sig-
nal Control Corporation, Leesburg, Virginia, for modification
of electric traffic signals at a cost not to exceed $1, 500. 00 .
SECTION II . A $1 , 500 . 00 appropriation is made to Account No.
4102 . 300 , Street Maintenance - Contractual Services, for the
fiscal year 1982 .
Aye: Councilmembers Bos , Herrell, M. Hill, Tolbert, Willis
and Mayor Hill .
Nay: None.
82-11 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON THE
UPDATE OF THE COMPREHENSIVE PLAN .
'On motion of Mrs. Hill, seconded by Mr . Bos , the following
resolution was proposed and unanimously adopted :
WHEREAS, the Code of Virginia requires that comprehensive
plans be reviewed every five years, and
WHEREAS, Leesburg ' s 1974 Comprehensive Plan was reviewed by
the Planning Commission and determined to be in need of re-
vision, and
WHEREAS , a contract was entered into by the firm of Kamstra,
Dickerson and Associates to update the Comprehensive Plan for
the Town of Leesburg, and
WHEREAS, a public hearing was held by the Planning Commission
on October 15, 1981 on the draft plan, and
WHEREAS, on January 7 , 1982 , the Planning Commission recommended
approval of the plan, with certain corrections , additions and
deletions,
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows :
A Notice of Public Hearing to consider the update of the Com-
prehensive Plan shall be published in the Loudoun Times-
Mirror on February 4 , 1982 and February 11, 1982 for public
hearing on February 24 , 1982 , at 7 : 30 p.m.
Aye: Councilmembers Bos, Herrell , M. Hill , Tolbert, Willis
and Mayor Hill .
Nay: None.
82-12 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PRO-
POSED AMENDMENTS TO THE LEESBURG ZONING ORDI-
NANCE.
On motion of Mrs. Hill, seconded by Mr. Bos , the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
A Notice of Public Hearing to consider certain proposed amend-
ments to the Leesburg Zoning Ordinance re appointments to the
Board of Architectural Review shall be published in the Loudoun
MINUTES OF JANUARY 27 , 1982 MEETING. 2"1
Times-Mirror on February 4 , 1982 and February 11 , 1982 7
for public hearing on February 24 , 1982 at 7 : 30 p.m. in
the School Board Annex, 30 West North Street, Leesburg,
Virginia.
Mrs. Hill explained that this would require that members of the
Board of Architectural Review be residents of Leesburg. Mr. Bos
said there would -be some other less strenuous requirements, mak-
ing it a little easier to find members. Mrs. Hill also said those
people now serving who live out of town will continue to serve un-
til the end of their term, but they would not be reappointed. The
resolution was unanimously adopted :
Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis
and Mayor Hill. '
Nay: None.
Mrs. Hill suggested that it might be advantageous to list in
the Activity Report how many members of the various boards , commis-
sions, etc . were in attendance at the meetings - perhaps they might
no longer be interested in serving and would like to be replaced.
Mr. Bos was not sure it would be Council ' s position to do this - he
assumed the chairman of that board or commission would instigate
o some action or suggestion. Mayor Hill felt this should be considered
when such members ' terms expire.
82-13 - RESOLUTION - AUTHORIZING CONTRACTS FOR CLEAN-UP AT SEWAGE
Q TREATMENT PLANT.
Q
On motion of Mr. Bos, seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
The manager is authorized to make appropriate contracts for
clean-up work necessary at the Sewage Treatment Plant as a
result of the oil spill last week.
Mr. Niccolls explained that such contracts would be let after com-
petitive quotes were received and after the work called for in the
contracts was recommended by the consulting engineers . Mr. Hill
suggested that we advise Southern States what we are doing so they
can advise their carrier. Mr. Niccolls said, in his letter to the
Manager, he invited him to make an appointment with us to meet with
his attorney and his insurance company as soon as possible. Mayor
Hill felt they would want to know what steps are being taken. The
resolution was unanimously adopted :
Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis
and Mayor Hill .
Nay: None.
On motion of Mr. Tolbert, seconded by Mr. Willis , the meeting
was adjourned at 8 : 15 p.m.
Ra-e-,. -
Clerk of ,he Council