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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