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HomeMy Public PortalAbout1994_07_12231 TOWN COUNCIL MEETING MINUTES OF JULY 12, 1994 A regular meeting of the Leesburg Town Council was held on July 12, 1994, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor. INVOCATION was given by Councilmember Trocino SALUTE TO THE FLAG was led by Town Manager Steven Brown ROLL CALL Councilmembers present George F. Atwell Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Chief of Current Planning Lee Phillips Public Information Officer Susan Farmer Town Attorney George Martin Town Clerk Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the regular meeting minutes of June 14, 1994 and June 28, 1994 were approved as written, and the special meeting minutes of June 28, 1994, June 29, 1994, July 1, 1994, and July 5, 1994 were approved as corrected. VOTE Nay: Abstain: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Trocino (special and regular meetings of June 28, 1994) RESOLUTION OF RESPECT MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following Resolution of Respect was proposed and unanimously adopted. RESOLUTION OF RESPECT Paul E. Smith, Sr. WHEREAS, Paul Edward Smith, Sr., died on June 26, 1994, after a long battle with cancer; and WHEREAS, Mr. Smith served as a member of the Leesburg Cable Television Advisory Commission since 1983, most recently as vice chairman; and WHEREAS, Mr. Smith was retired from First American Bank in Leesburg; and WHEREAS, Mr. Smith was a member and past president of the Leesburg Rotary Club and a member of the Leesburg Baptist Church. THEREFORE, RESOLVED that the Mayor and members of Council of the Town of Leesburg in Virginia extend their sympathy to Mr. Smith's family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his wife, Gloria. VOTE 232 Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None PETITIONERS MarGaret Craun, representing ECHO, requested the 10% fee for use of Ida Lee's outdoor facility be waived for the Hubcaps concert to be held on September 18, 1994. This issue was referred to the July 19, 1994 Finance Committee meeting. Barbara Ramey, representing the Leesburg Business Community and Associates, addressed the Council. Her statement is made a part of the official record. Bob Lorenz, a resident of 310 Lounsbury Court, addressed the Town Council regarding the Warren Hill development. He requested that Council attend the July 14, 1994 Planning Commission meeting and support the resident's petition regarding Exeter Hill Sections 5, 6 and 7. Dave Culbert, a resident of 808 Hallyard Court, S.E., spoke in reference to the Edwards Ferry Road project. He commended town staff for a good job designing the road and responding to residents' concerns. Mr. Culbert stated he would like to see a 12' wide road and more space between the sidewalk and travel lane. Bill Smith, a resident of 205 Catoctin Circle, expressed concern with Catoctin Circle becoming a major thoroughfare. He requested the Town Council to consider the full impact. Bob Ellis, President of the Leesburg Volunteer Fire Company, addressed the Council and on behalf of the LVFC, accepted in concept, Resolution 94-143 which provides the Wallace property for a fire station site. Mr. Sproull, a resident of Edwards Ferry Road, addressed the Town Council requesting support for sidewalks on Edwards Ferry Road. Mayor Clem stated this Council is committed to the Edwards Ferry Road project. Clifton Vaughan spoke in reference to the Cable TV franchise. He expressed concern that Cablevision has no regard for the citizens of Leesburg and that the town is at the cable company's mercy. Mr. Vaughan expressed these concerns: No option for cable customers to purchase the remote control units. Require better customer service training for cable employees, and the Town Council should consider alternatives to the franchise - if Cablevision is not responsive to the town's concerns. Mr. Webb stated the Cable Commission met on July 11, 1994 and reported that Cablevision will be hiring 3 to 4 new service representatives next week. Cablevision is asking for a new franchise agreement on a 15 year basis. Mr. Brown stated the franchise will expire in November 1995. One option is to take over the system. He explained that rates will be increasing August 1, 1994. He stated the town has the authority to regulate basic service and equipment charges, but not the standard tier. Mr. Brown considers the town fortunate to have an active Cable Commission. Mr. Buttery agreed with comments made by Mr. Vaughan and stated it seems there will be some options available with the franchise coming due. Beck Dickerson stated he still has concerns about the Edwards Ferry Road project. PUBLIC HEARING: Ordinance amendment reltarding preliminary, plat and plan extension and development olan orocessina Lee Phillips presented a staff report. John King, a resident of 302 Lounsbury Court, spoke in support of the amendment that will set limits to preliminary plats. He stated that fees are good and time limits are good. His disagreementwith the proposed amendment was that it permits plans that existed prior to 1991 to have a longer life. He requested that all preliminary plats be limited to five years. He commended the staff. The public hearing was closed and this matter was referred to the July 19, Planning and Zoning Committee meeting for further consideration. COUNCILMEMBER COMMENTS Mr. Trocino reported on his recent visit to the City of Bedford, Virginia where he presented a Resolution of Respect for World War II veterans. On behalf of the Town of Leesburg, Mr. Trocino was presented with a Key to the City of Bedford. CO7/12/94 -2- He stated he is very proud of the work Town Manager Steve Brown is doing. He considers Mr. Brown to be one of the finest managers in the Commonwealth. Mr. Trocino reported over 15,000 people attended the 4th of July Celebration at Ida Lee Park and cared it an ~A - effortM. He spoke about the Warren Hill/Exeter Hill developments asking for process changes. He believes the Council can mitigate the problems. He suggested doing away with duplex housing in areas of Leesburg. Mr. Trocino stated the Edwards Ferry Road project is moving along and thanked Tom Mason for pricing out the cost of brick sidewalks. He stated there is a need for an H-3 district to provide protection for special, sensitive areas of town. Ms. Umstattd echoed Mr. Trocino's remarks regarding the 4th of July event at the park, and thanked Sonny Danner and Bob Ellis for a well-coordinated event. Ms. Umstattd stated that the Town Council received a memo and letter from Mr. Ecker regarding Loudoun Healthcare. She reviewed a list of statements included in the letter claimed to be defamatory and libelous. Ms. Umstattd stated she found these statements to be repeated statements originally made by hospital directors. She stated she does not appreciate it when large institutions, such as the hospital, engage in what she considers intimidating tactics to try to quash public opposition. She stated that if Mr. Ecker is sincere in calling for a time-out and increasing the civility of debate, he should start with his own tone of voice. Mr. Buttery thanked the Leesburg Volunteer Fire Company for their letter. He considers this good news. He has received much positive feedback regarding the Wallace site. He reported that all three prizes awarded by the LVFC on July 4th went to Leesburg residents. This shows great support by the town's citizens for the LVFC. Mr. Webb also thanked the LVFC. He looked forward to working together. He thanked Mr. Brown for doing an excellent job. Mr. Webb asked for an update on the South King Street and Governors Drive intersection. Mr. Brown reported on a meeting held today to formulate a strategic plan, on this intersection, with Loudoun County to take to the TCC. He stated the County will support one, two or three of the projects. Mr. Mason stated that advertisement for bids for the turn lane at Evergreen Mill Road will go out in 30 days, but it is unlikely that the project will be completed before school starts. Mr. Webb expressed concern with the area code change for Loudoun County effective in 1995. He noted that Loudoun County is the only county that will be divided and suggested notifying representatives for assistance in a solution. Mr. Atwell referred to the letter from Barbara Ramey and commented that this is a very positive indication of how far the Town of Leesburg has come in the last two years. He hopes this is the direction the town will continue to go in and that all of Leesburg will profit by it. Ms. Emswiller thanked Mr. Brown and the staff for their patience as she joins the Council. She is delighted with the situation regarding the LVFC. Ms. Emswiller announced that she would be unable to attend the Planning Commission meeting on July 14, 1994. However she will keep herself informed of all the issues raised at the meeting. Ms. Emswiller spoke in regard to the letter from the hospital. She stated it was a lawyer who compiled the list of statements made - not by members of the hospital, but by the three individuals who are involved. MAYOR'S REPORT Mayor Clem commended the town for the excellent firework show. He pointed out that there were no traffic complaints. The parade on Saturday was also great though the crowd was small due to the heat. He stated the Town Council stands ready to work with the LVFC to design and develop the land. He asked that LVFC be represented at aR meetings. MANAGER'S REPORT 233 C07/12/94 -3- 234 Mr. Brown welcomed Ms. Emswiller and Mr. Buttery to the Town Council. He stated the 4th of July celebration was a team effort. Gary Huff and the town staff made it a successful event. Mr. Brown stated he looks forward to working with the LVFC on the new site. He pointed out the exemplarywork Susan Farmer has been doing with citizen complaints regarding the cable rates. So far 35 complaints have been registered. LEGISLATION ll.(a) MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and unanimously adopted. 94-0-25 - AN ORDINANCE: AMENDING SECTION 2-24. OF THE TOWN CODE REGARDING STANDING COMMITYEES TO AMEND THE MEETING DAYS AND TIMES OF THE FINANCE COMMITYEE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sec. 2-24. Standing committees is hereby amended as follows: Sec. 2.24. Standing Committees. The planning and zoning committee, the administration and public works committee and the finance committee are hereby established as standing committees of the council: (1) The planning and zoning committee shah have jurisdiction over land use proposals for rezonings, special exceptions and planned developments. (2) The finance committee shah have jurisdiction over finance policy matters such as purchasing, budgeting, financial performance and financial planning. (3) The administration and public works committee shall have jurisdiction over aH other remaining items requiring council action. Each committee shah consist of two members and a chairman. Members of each committee shall be appointed by the council biennially. Each committee shall select its own chairman. The planning and zoning committee shall meet at 4:30 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. The administration and public works committee shall meet at 5:30 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. The finance committee shall meet at 6:30 n.:30 p.m. on the first and third Tuesday :l:hagsd~ of each month. The time and place may be changed by a majority vote of the committee. Proper notification shah be published in the press. At committee meetings, the members shall review upcoming meeting agenda items, hear staff reports and take other nonlegislative action as it deems appropriate. SECTION II. This ordinance shall be in effect upon its passage. VOTE Aye: Nay: 11.(b) Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and unanimously adopted. 94-0-26 - AN ORDINANCE: AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE TO REVISE THE PROCESS FOR APPLYING FOR A PERMIT TO USE EXPLOSIVES WITHIN TOWN LIMITS, TO LIMIT THE LIFE OF A PERMIT TO SIX MONTHS, TO INCREASE THE MINIMUM GENERAL LIABILITY INSURANCE REQUIREMENT CO7/12/94 -4- 235 TO $1,000,000.00, AND TO REQUIRE NOTIFICATION TO THE TOWN AND OCCUPANTS OF BUILDINGS IN PROXIMITY TO THE BLAST SITE PRIOR TO BLASTING WHEREAS, the Town of Leesburg desires to improve the process for applying for a permit to use explosives to increase the awareness of the permittee to the potential for damage to buildings and infrastructure in proximity to the proposed blast site; and WHEREAS, the town desires to limit the life of a permit to use explosives to six months to provide for a more frequent review of blasting activities on a work site; and WHEREAS, the town desires to increase to $1,000,000.00 the minimum general liability coverage a permittee must maintain to provide more adequate protection to those whose improvements may be damaged by blasting activities; and WHEREAS, the town desires to require that the permittee notify the town 24 hours prior to blasting, to provide town staff with information with which to answer citizen inquiries and to alert town inspection personnel; and WHEREAS, the town desires to require that the permittee notify the occupants of buildings in proximity of the blast site to allow them to take any special precautions that may be necessary and to improve public relations. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 7-96. Application of and exceptions from article. This article shall apply to the manufacture, possession, storage, sale, transportation and use of explosives, blasting agents, pyrotechnics, and ammunition, except that nothing in this article shah be constructed as applying to: (1) The Armed Forces of the United States or the State Militia. (2) Explosives in forms prescribed by the official United States Pharmacopeia. (3) The sale or use of fireworks. (4) The possession, transportation and use of small arms ammunition or special industrial explosive devices for personal use. (5) The possession, storage, transportation and use of not more than 25 pounds of smokeless propellant and 10,000 small arms primers for hand loading of small ammunition for personal use. (6) The manufacture, possession, storage and use of not more than 15 pounds of explosives or blasting agents, exclusive of smokeless propellants in educational, governmental or industrial laboratories for instruction or research purposes, when under the direct supervision of experienced, competent persons. (7) The transportation and use of explosives or blasting agents by the United States Bureau of Mines, the Federal Bureau of Investigation, the United States Secrete Service or police and fire departments acting in their official capacity. SECTION II. Section 7.97. Definitions. As used in this article, the following words and phrases shah have the meanings ascribed in them in this section: Blasting agent shah mean any material or mixture, consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, in which none of the ingredients are classified as explosives, provided that the finished product, as mixed and packages for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when uaconfined. Water gels complying with Section 7-116(b) shah be classified as blasting agents. Materials or mixtures classified as nitro carbo nitrates by DOT Regulations shah be included in this definition. Explosive shah mean any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term "explosive" includes all materials classified as Class A, Class B or Class C explosives by DOT Regulations, and includes, but is not limited to, dynamite, black powder, pellet powers, initiating explosives, blasting caps, electric blasting caps, safety use, fuse igniters, fuse lighters, squibs, cordeau detonant fuse, instantaneous fuse, igniter cord and igniters, small arms ammunition, small arms ammunition primers, smokeless propellant, cartridges for propellant-actuated power devices and cartridges CO7/12/94 -5- 236 for industrial guns, pyrotechnics and water gels complying with Section 7-116(b). Explosive material shall mean any quantity of Class A, Class B or Class C explosives and any other chemical compounds or mixtures thereof used as the propelling or exploding material in any cartridge or other explosive device. Pyrotechnic shall mean ny special fireworks which are manufactured and designed primarily for producing visible and audible pyrotechnic effects by a combustible explosion, and which are of such composition so as to be included under Class B explosives, as defined by the DOT Regulations. Small arms ammunition shall mean any shotgun, rifle, pistol or revolver cartridge and cartridges for propellant-actuated power devices and industrial guns. Test blasting cap No. 8 shall mean one containing two grams of a mixture of 80 percent mercury fulminant and 20 percent potassium chlorate, or a cap of equivalent strength. SECTION III. Section 7-98. Permit required to use, manufacture, store, sell, etc. Permits shah be obtained: (1) To manufacture, possess, store, sell or otherwise dispose of explosives, blasting agents or small arms ammunition. (2) To transport explosives or blasting agents. (3) To use explosives or blasting agents. Before any commercial blasting may be performed within town limits, any person or organization intending to perform such work shall apply for and shall receive a permit to do so from the Office of the Fire Marshal. Each application for such a permit shall be accompanied by a Blasting Advisory Notice which shall be obtained from the town's Department of Engineering and Public Works. (c) A permit shall be required for each project. The permit shall specify the type of blasting and any special conditions imposed by the Fire Marshal. (e) The permit shall expire six months from the date of issue. (4) To operate a terminal for handling explosives or blasting agents. To deliver to or receive explosives or blasting agents for a carrier at a terminal between the hours of sunset and sunrise. (6) To transport blasting caps or electric blasting caps on the same vehicle with explosives. SECTION IV. Section 7-99. lton~4~a~.a~,~ required for commercial blasting. Before a permit to do commercial blasting shall be issued, the applicant for such permit shall file with the fire marshal's office a-bong-~ evidence of a current general liability insurance policy, with aminimum ::E ,a~er~a,a:E Eamage.one million dollars {$1,000,000} ~mbined single limit, including blanket blasting, collapse, and under~ound damage. SECTION V. Section 7-100. Approval for manufacture. The manufacture of any explosives, blasting agents, including small arms ammunition, and pyrotechnics, shall be prohibited, unless such manufacture is authorized by the Fire Marshal. This shall not apply to hand loadissg ut ~mall a~-ms ammunition prepared for personal use, when not for resale. SECTION VI. Section 7-101. General limitation on quantity. The Fire Marshal may limit the quantity of explosives, blasting agents or ammunition to be permitted at any location. SECTION VII. Section 7-102. Sale or display on streets, sidewalks, etc., prohibited. No persons shah sell or display explosives or blasting agents on streets, sidewalks, public property or in places of public assembly. CO7/12/94 -6- 237 SECTION VIII. Section 7-103. Deliveries to carriers. Shipments of explosives or blasting agents delivered to carriers shall comply with DOT Regulations, 1970 edition. Carriers shall immediately notify the Fire Marshal when explosives or blasting agents are received at terminals. SECTION IX. Section 7-104. Regulation of location and quantity at terminals. The Fire Marshal may designate the location and specify the maximum quantity of explosives or blasting agents which may be loaded, unloaded, reloaded or temporarily retained at each terminal where such operations are permitted. SECTION X. Section 7-105. Magazines for storage of explosives - generally. (a) Explosives, including special industrial explosive materials and any newly developed and unclassified explosive, shall be stored in magazineswhich comply with this section. This shalll not be construed as applying to explosive-actuated power devices, when employed in construction operations in highly populated areas, in quantities involving less than 50 pounds of explosive material. (b) Class I magazines shall be used for the storage of explosives when quantities are in excess of 50 pounds of explosive material. (c) Class I or Class II magazines shall be used for the storage of explosives in quantities of 50 pounds or less of explosive material, except that a Class II magazine may be used for temporary storage of a larger quantity of explosives at the site of blasting operations where such amount constitutes not more than one day's supply for use in current operations. Class I and Class II magazines shall be located away from inhabited buildings, public highways and other magazines in accordance with the American Table of Distances for the Storage of Explosives, 1955 edition, except as provided in Subsection (e) of this section. (e) The Fire Marshal may authorize the storage of up to 50 pounds of explosives and 5,000 blasting caps in wholesale and retail hardware stores or other approved establishments. Explosives and blasting caps shall be stored in separate Class II magazines at approved locations, with the magazines located on a floor which has an exit at outside grade level. A distance of 10' shall be maintained between the magazines. Their location shah not be changed without approval of the Fire Marshal. (0 At the site of blasting operations, a distance of at least 150' shah be maintained between Class II magazines and the blast area, when the quantity of explosives temporarily kept therein is in excess of 25 pounds, and at least 50', when the quantity of explosives is 25 pounds or less. (g) Class II magazines shah be painted red and shah bear lettering in white, on all sides and the top, at least Y' high, "Explosives - Keep Fire Away". (h) Magazines shall be in the custody of a competent person at all times. Such person shah be at least 21 years of age and shah be held responsible for compliance with all safety precautions. (i) The land surrounding magazines shall be kept clear of brush, dried grass, leaves, trash and debris for a distance of at least 25'. O) Magazines shall be kept locked except when being inspected or when explosives are being placed therein or being removed therefrom. (k) Magazines shall be kept clean, dry and free of grit, paper, empty packages and rubbish. (1) Magazines shall not be provided with artificial heat or light, except that, if artificial light is necessary, an approved electric safety flashlight or safety lantern shall be used. (m) Magazines for the storage of explosives shall be weather resistant and properly ventilated, and when used for storage of Class A explosives, other than black powder, blasting caps and electric blasting caps, shall also be bullet resistant. (n) Property upon when Class I magazines are located shall be posted with signs reading "Explosives-Keep Off'. Such signs shall be located so as to minimize the possibility of a bullet traveling in the direction of the magazines if anyone shoots at the sign. SECTION XI. Section 7-106. Same Records of explosives received and removed. CO7/12/94 -7- 238 (a) Daily records shall be kept as to the amount of explosives received and delivered to a magazine. (b) Daily records shah be kept as to explosives removed from a magazine for use and explosives returned to the magazine. SECTION XII. Section 7-108. Same repairs. When magazines need inside repairs, all explosives shall be removed therefrom and the floors cleaned. In making outside repairs, if there is a possibility of causing sparks or fire, the explosives shall be removed from the magazine. Explosives removed from the magazine under repair shall either be placed in another magazine under repair or shall either be placed a safe distance from the magazine where they shall be properly guarded and protected until repairs have been completed, when they shall be returned to the magazine. SECTION XIII. Section 7-109. Transportation of explosives- generally. (a) Explosives shah not be transported on public conveyances. (b) Vehicles used for transportation explosives shall be strong enough to carry the load without difficulty and shall be in good mechanical condition. If vehicles do not have a closed body, the body shall be covered with a flameproof and moistureproof tarpaulin or other effective protection against moisture and sparks. Such vehicles hall have tight floors. Exposed spark- producing metal on the inside of the body shall be covered with wood or other non-sparking material to prevent contact with packages of explosives. Packages of explosives shall not be loaded above the sides of open-body vehicles. (c) Explosives may be loaded into and transported in a truck, truck with semi-tailer, truck with full trailer, truck tractor with semi-trailer, or truck tractor with semi-trailer and full trailer. Explosives shall not be transported on any pole trailer. (d) Each motor vehicle transporting explosives shall be provided with at least one ten pound dry powder, portable tire extinguisher or, when more than one is provided, each extinguisher shall be at least a five pound dry powder. (e) Only those dangerous articles authorized to be loaded with explosives by DOT regulations shall be carried in the body of a vehicle transporting explosives. (0 Every vehicle transporting explosives shah be marked or placarded on both sides, front and rear, with the word "Explosives" in letters not less than 3" high on a contracting background. (g) Blasting caps or electric blasting caps shall not be transported over the highways of the municipality on the same vehicle with other explosives. (h) Vehicles transporting explosives and traveling in the same direction shall not be driven within 300' of each other. (i) Vehicles transporting explosives shall avoid congested traffic and densely populated areas. Designated routes shall be followed. 0) It shall be the duty of the person to whom a permit has been issued to transport explosives over the highways of the municipality to inspect'daily those vehicles employed by him to determine that: (1) (2) (3) Fire extinguishers are filled and in operating condition. Electric wires are insulated and securely fastened. The motor, chassis and body are reasonably clean and free of excessive grease and oil. (k) (4) (5) (6) The fuel tank and fuel line are securely fastened and are not leaking. Brakes, lights, horn, windshield wipers and steering mechanism are functioning properly. Tires are properly inflated and free of defects. Spark producing metals or spark producing metal tools shall not be carried in the body of a vehicle transporting explosives. (1) No person shall smoke, carry matches or any other flame-producing device, or carry any CO7/12/94 -8- 239 firearms or loaded cartridges while in or near a vehicle transporting explosives, or drive, load or unload any such vehicle in a careless or reckless manner. (m) Vehicles transporting explosives shah be in the custody of drivers who are physically fit, careful, capable, reliable, able to read and write the English language, not addicted to the use or under the influence of intoxicants or narcotics, and not less than 21 years of age. They shah be familiar with state and municipal traffic regulations, and the provisions of this article governing the transportation of explosives. (n) Vehicles transporting explosives shah not be left unattended at any time. (o) Unauthorized persons shall not ride on vehicles transporting explosives. (p) Delivery shah only be made to authorized persons and into approved magazines or approved temporary storage or handling areas. (q) Vehicles containing explosives shah not be taken into a garage or repair shop for repairs or storage. SECTION XIV. Section 7-110. Same - Notice when vehicle is in accident, breaks down or catches fire; transfer from one vehicle to another; parking of vehicle. The fire and police departments shall be promptly notified when a vehicle transporting explosives is involved in an accident, breaks down or catches fire. Only in the event of such an emergency shah the transfer of explosives from one vehicle to another vehicle be allowed on highways and only when qualified supervision is provided. Except in such an emergency, a vehicle transporting explosives shah not be parked before reaching its destination or adjacent to or in proximity to any bridge, tunnel, dwelling, building or place where people work, congregate or assemble. SECTION XV. Section 7-111. Use and handling of explosives. (a) Blasting operations shah be conducted during daylight hours except when authorized at other times by the Fire Marshal. Whenever blasting is to be performed, the permittee shall notify the Department of Engineering and Public Works 24 hours prior to blasting. Such notice shall include the date and scheduled time blasting will occur, and the duration of blasting activities. Whenever blasting is b~ to be performed within 100' of gas, electric, water, sanitary sewer, storm sewer, fire alarm, telephone, telegraph or steam utilities, the blaster shah notify the appropriate representatives of such utilities at least 48 hours in advance of blasting, specifying the location and intended time of such blasting. Verbal notice shall be confirmed with written notice. In an emergency, this time limit may be waived by the Fire Marshal. Whenever blasting is to be performed, the permittee shall notify, by written notice, 24 hours prior to blasting, the occupants of all buildings which are located within the greater distance of: (1) 300' of the blast site, or (2) the distance at which buildings may be at risk to damage as determined by data published by the American Insurance Services Group, Inc., or the Virginia Statewide Fire Prevention Code, as amended, whichever shall contain the more restrictive languaee. Due precaution shah be taken to prevent accidental discharge of electric blasting caps from current induced by radio or radar transmitter, lightning, adjacent power lines, dust storm or otl]<r sources of extraneous electricity. Handling and firing of explosives shah be performed by the person possessing a permit to use and handle such explosives. All such persons must be at least 21 year of age and able to ready, write and speak the English language. No person shah handle, transport or otherwise move explosives while under the influence of intoxicants or narcotics. ('0 (h~ No person shah smoke, carry matches, carry spark producing tools or equipment, while CO7/12/94 -9- 240 handling, transporting or moving explosives. (-g-) (i) No open flame lights shall be used within 50' of any explosives. When blasting is done in congested areas or in close proximity to a building, structure, highway or any other installation that may be damaged, the blast shall be covered, before firing, with a mat constructed so that it is capable of preventing rock from being thrown into the air. Tools used for opening packages of explosives shall be constructed of nonsparking materials. Empty boxes and paper and fiber packing materials which have previously contained high explosives shall not be used again for any purpose, but shall be destroyed by burning at an approved isolated location out of doors, and no person shall be nearer than 100' after the burning has started. (-k-) (m) Explosives shall not be abandoned. SECTION XVI. Section %112. Storage of blasting agents and supplies generally. (1) Blasting agents or ammonium nitrate, when stored in conjunction with explosives, shall be stored in the manner set forth in the table set out in Section 7-105(d). The mass of blasting agents and one-half the mass of ammonium nitrate shall be included when computing the total quantity of explosives for determining distance requirements. (2) Buildings used for the storage of blasting agents separate from explosives shall be located away from inhabited buildings, passenger railways and public highways, in accordance with the table set out in Section 7-105(d). (3) Semi-trailers or full trailers may be used for temporarily storing blasting agents, provided they are located away from inhabited buildings and public highways in accordance with the table set out in Section 7-105(d). Trailers shall be provided with substantial means for locking and the trailer doors shall be kept locked except during the time of placement or removal of blasting agents. (4) The interior of buildings or temporary storage facilities used for the storage of blasting agents shall be kept clean and free from debris and empty containers. Spilled materials shall be cleaned and promptly and safely removed. Combustible materials, flammable liquids, corrosive, acids, chlorates, nitrates other than ammonium nitrate, or similar materials shall not be stored in any buildings containing blasting agents, unless separated therefrom construction having a fire-resistance rating of not less than one hour. The provisions of this section shall not prohibit the storage of blasting agents together with nonexplosive blasting supplies. SECTION XVII. Section 7-113. Storage of explosives and blasting agents prohibited in certain limits; exceptions. The storage of explosives and blasting agents is prohibited within the limits established by law, except for temporary storage for use in connection with approved blasting operations; provided, however, this prohibition shall not apply to wholesale and retail stocks of small arms ammunition, fuse lighters, fuse igniters and safety fuses (not including cordeau detonant fuses) in quantities involving less than 500 pounds of explosive material, nor shall it apply to explosive-actuated power devices, when employed in construction operations in highly populated areas, in quantities involving less than 50 pounds of explosive material. SECTION XVIII. Section 7-114. Transportation of blasting agents. (a) (c) SECTION XIX. When blasting agents are transported in the same vehicle with explosives, Section 7-109 shall apply. Every vehicle transporting blasting agents shall be marked or placarded on both sides, front and rear, with the word "Dangerous" and also the words "Blasting Agents", in letters not less than 3" high on a contracting background. No person shall be permitted to ride upon, drive, load or unload a vehicle containing blasting agents while smoking or under the influence of intoxicants or narcotics. Section 7-115. Mixing blasting agents. Buildings or other facilities used for mixing blasting agents shall be located away from inhabited C07/12/94 - 10- 241 buildings and public highways in accordance with the table set out in Section 7-105(d). SECTION XX. Section 7-116. Water gel (slurry) explosives and blasting agents. (a) Water gels shall be transported, stored and used in the same manner as explosives or blasting agents in accordance with the classification of the product. (b) Water gels containing an explosive shall be classified as an explosive. Water gels containing no explosive and which are cap-sensitive shall be classified as an explosive. Water gels containing no explosive and which are not cap-sensitive shall be classified as blasting agents. SECTION XXI. Section 7-117. Ammunition, primers and propellants. (a) Ammunition, primers and propellants shall be separated from flammable liquids, hazardous materials not classified as an explosive and oxidizing materials by a wall having a fire resistance rating of one hour. (b) Not more than 20 pounds of smokeless propellants, in containers of one-pound maximum capacity, and not more than 10,000 small arms ammunition primers shall be displayed in wholesale and retail hardware stores or other approved establishments. SECTION XXII. Section 7-118. Notice of theft or shortage of explosives. The Fire Marshal's office shall be notified immediately, by telephone, of the theft of, or any unexplained shortages of, any explosives. Such verbal notification shall be followed by a letter, within 24 hours, giving a detailed list of items missing, including: Brand; Grade; Type; Amounts; and an explanation relating to the missing articles. SECTION XXIII. Section 7-199. Deteriorated explosives. When an explosive has deteriorated to an extent that it is in an unstable or dangerous condition, or if nitroglycerin leaks from any explosive, the person in possession of such explosive shall immediately report the fact to the Fire Marshal and, upon the Fire Marshal's authorization, shall proceed to destroy such explosives and clean floors stained with nitroglycerin in accordance with the instructions of the manufacturer. Only experienced persons shall do the work of destroying explosives. SECTION XXIV. Section 7-120-7.129. Reserved. SECTION XXV. This ordinance shall be effective September 1, 1994. VOTE Aye: Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None ll.(c).(e),(f) MOTION On motion of Mr. Wcbb, seconded by Mr. Trocino, the following resolutions were proposed as consent and unanimously adopted. 94-149 - A RESOLUTION: AUTHORIZING THE TEMPORARY CLOSING OF STREETS FOR THE NVBIA LEESBURG 10-K RACE ON SUNDAY, AUGUST 21, 1994 WHEREAS, the Northern Virginia Building Industry Association (NVBIA) Outreach Committee is planning its annual 10-kilometer run in Leesburg on Sunday, August 21, 1994; and WHEREAS, proceeds from the 10K race will benefit the Loudoun County AITheimcr's Respite Center and Interfaith Relief Incorporated; and WHEREAS, the race will begin at 8:30 a.m., at Market Station, proceed south on Harrison Street to Catoctin Circle, along Catoctin Circle to King Street, south on King Street to First Street, west on First Street to Wirt Street, south on Wirt Street to Davis Avenue, west on Davis Avenue to Lee Avenue to Dry Mill Road, and west on Dry Mill Road to the W&OD Trail; and WHEREAS, Council authorization is required to temporarily close streets along the race route. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Streets along the route of the NVBIA 10K Race are hereby authorized to be temporarily closed as CO7/12/94 -11- 242 needed from 8:15 a.m., to the conclusion of the race on Sunday, August 21, 1994. 94-150 - A RESOLUTION: AUTHORIZING A CONTRACT FOR FERRIC CHLORIDE SUPPLY FOR FY 95 WHEREAS, a public bid opening for the procurement of ferric chloride solution for the water and wastewater treatment facilities was held on June 7, 1994, pursuant to state and local procurement laws; and WHEREAS, PVS Technologies, Inc., was the sole bid, in the amount of $232.00 per dry ton; THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager shall enter into a one-year contract for the purchase of ferric chloride with PVS Technologies, Inc., at the price of $232.00/dry ton. 94-151 - RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT CONTRACT BETWEEN THE LEESBURG TOWN COUNCIL AND STEVEN CARL BROWN REAPPOINTING HIM TO THE POSITION OF TOWN MANAGER RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor of the Town of Leesburg is hereby authorized to execute the attached employment contract on behalf of the Leesburg Town Council which reappoints Steven Carl Brown to the position of Town Manager and establishes appropriate employment benefits effective upon passage of this resolution. SECTION II. The necessary appropriation of funds is authorized to be made from the Un.,?propriated General Fund Balance. VOTE Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None ll.(d) MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted. 94-152 - A RESOLUTION: PLAZA STREET EXTENSION LOCATION AND DESIGN PUBLIC HEARING APPROVAL WHEREAS, a Location and Design Public hearing was conducted on April 28, 1994, in the Town of Leesburg Municipal Government Center by representatives of the Commonwealth of Virginia, Department of Transportation after due and proper notice for the purpose of considering the proposed location and design of Plaza Street Extension Project Number V000-253-V02, PE-101, RW-201, C-501, B-601 and 602 in the Town of Leesburg at which having aerial photographs, drawings, and other pertinent information were made available for public inspection in accordance with state and federal requirements; and WHEREAS, all persons and parties in attendancewere afforded full opportunity to participate in said public hearing; and WHEREAS, representativesof the Town of Leesburg, were present and participated in said hearing; and WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the Council has considered all such matter. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town of Leesburg hereby approves the location and major design features of the proposed project as presented at the Public Hearing. SECTION II. The Town of Leesburg requests the Virginia Department of Transportation to acquire all rights-of-way necessary for this project conveying said right-of-way to the Town at the appropriate time. DISCUSSION CO7/12/94 -12- Ms. Umstattd stated that she believes the extension should go forward. However, she remains mindful of the comments made by citizens in relation to buffering between their neighborhoods and the extension. She referred to Dr. Lillls' comments about destruction of one of the town's environmental habitats. Ms. Umstattd stated she would vote against this in its current form because the environmental issues are not being addressed as well as they should be. Mr. Buttery asked what the next step would be on the Plaza Street extension. Mr. Mason responded by stating the action of the Town Council will go to the Commonwealth Transportation Board (CTB). The CTB will then authorize the next phase of the project, which is the right of way acquisition. Construction is scheduled for the first quarter of 1996. Mr. Buttery asked if citizens will have the opportunity to voice concerns regarding the closing of the bridge on Sycolin Road. Mr. Mason answered no more public hearings will be held. The plans call for the bridge to be removed. Mr. Trocino relayed concerns from citizens in Fox Chapel regarding noise, traffic, and installation of sound attenuation devices. He asked Mr. Mason to look into the matter. Mr. Buttery asked if there would be a barricade placed on Sycolin Road. Mr. Mason explained there would be a direct corridor for residents of Sycolin Road. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem Nay: Councilmember Umstattd This item was referred to the Administration and Public Works Committee meeting of July 19, 1994. 11.(h) DISCUSSION Mr. Buttery expressed concern with wording in the agreement. He referred to page 3, paragraph 3 and questioned whether the takeover included the real and personal property, free and clear. He asked that this item be referred to the Adrrdnistration and Public Works Committee for further consideration. Mr. Buttery supports thc town taking over the library. Mr. Brown thanked the Town Council for their vote on item 11 (f). NEW BUSINESS MOTION: Councilmember Trocino made the following motion: I move that this Council recommend to the Virginia Department of Highways that they strongly consider the addition and construction of sound attenuation devices at Plaza Street extended. The motion was seconded by Councilmcmber Umstattd. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem. Nay: None MOTION: Councilmember Trocino made the following motion: I move that the Town Manager direct the planning staff to institute a study dealing with the creation of a H-3 Historic Corridor Zone in appropriate areas of the Town of Leesburg. Areas adjacent to or near the historic district. For the purpose of dealing with areas that are in the transition area. The motion was seconded by Councilmember Umstattd. 243 C07/12/94 -13- 244 VOTE Aye: Councilmembers Atwell, Buttery, EmswiHer, Trocino, Umstattd, Webb and Mayor Clem. Nay: None MOTION: Councilmember Trocino made the following motion: I move that the Town Manager direct the planning staff to study, generally, the issue of duplex development in the Town of Leesburg. The motion was seconded by Councilmember Umstattd. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem. Nay: None MOTION On motion of, and duly seconded, the meeting was adjourned at 9:30 p.m. James E. Clem, Mayor CO7/12/94 -14-