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HomeMy Public PortalAbout1970_02_11 125 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 11, 1970. :A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 W. Loudoun Street, Leesburg, Virginia , on Febru- ary 11, 1970 at 7 :30 P.M. The meeting was called to order by Mayor Rollins , with Councilman Hill offering the prayer. Those present were : Mayor Kenneth B . Rollins , Councilmen G. Dewey Hill, Frederick R. Howard, Walter F . Murray, John W. Pumphrey and John A. Wallace, Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman Robert A. Orr. The Minutes of the regular meeting of January 28, 1970 were approved as written . Copies of a resolution regarding General Assembly appropriation of funds for facilities for the mentally retarded were handed to each Councilman and Mayor Rollins introduced Mrs . Daniel C . Riley , who spoke with regard to this resolution . She stated that the Governor 's Budget did not include very much money for retarded facilities and services and explained that the supplemental appropriations asked for in the pro- posed resolution would be used for the Lynchburg Hospital, for Community Health Service Boards , of which there are 18 in the State , with no operat- ing funds available , and also toward the completion of the Northern Vir- ginia Training School, which would serve eight jurisdictions upon com- pletion, this being a 350 bed facility . She expressed her hope that the Council would ask the General Assembly to consider this resolution for additional appropriations . On motion of Councilman Wallace , seconded by Councilman Hill, the following resolution was unanimously adopted: WHEREAS, Virginia is faced with the situation of providing for an increasingly large population of mentally retarded citizens ; and WHEREAS, the Commonwealth has offered, through legislation in previous sessions , the opportunity to better provide for these retardates at the State , regional and local levels ; and WHEREAS, the legislative intent to provide community facili- ties and programs through Community Mental Health Service Boards , and through regional residential centers for the men- tally retarded, appear in the 1970-72 Governor ' s budget rec- ommendations to be not funded, or inadequately funded : NOW, THEREFORE, BE IT RESOLVED that the Town of Leesburg Coun- cil requests the General Assembly to : 1. Provide supplementary Capital Outlay appropriations in the amount of $3 million for completion of 350 beds and train- ing facilities at Northern Virginia Training School . 2 . Add an operating fund appropriation in the amount of $150 ,000 for Northern Virginia Training School, so that it may open promptly upon completion. 3 . Add an operating funds item, in the amount of at least $1.8 million, to the Budget Bill for the Community Mental Health Services Boards . 4 . Add to the Budget Bill a capital outlay item, in the amount of $1.75 million, to provide State matching funds , to local funds , as a basis for applying for and receiving Federal Construction grants . 5 . Consider favorably, and grant to the Department of Mental Hygiene and Hospitals , supplemental Operating and Capital Out- lay funds which are essential to the continued operation of Lynchburg Training School and Hospital . It is the consensus of this body that, until Community and Regional facilities and programs are available , the existing State institutions for the mentally retarded must be provided adequate Operating and Capital Outlay funds to care for all the mentally retarded in the State. Mayor Rollins asked that the Town Manager send copies of this resolution to the Chairmen of the House and Senate Appropriations Committees . 12,9" MINUTES OF FEBRUARY 11 , 1970 . • Mayor Rollins also expressed, on behalf of the Council, condolences and sympathy to Councilman Murray on the death of his mother. Town Manager Ritter reported the following : (1) The Street Committee reconsidered their offer of $10 ,000 to Mr. Frank Myers for his Well . Mr. Myers talked as though he might be - '. willing to split the difference between his figure of $15 ,800, plus the appraiser 's fee of $500 - or a total of $16 ,300 . In light of the muddy water situation which has occurred in the last two days (and which Mr. Ritter explained in detail ; he said he believed the Town should ser- iously consider buying this Well. It seems evident that both Paxton and Phillips-Nickels Well have -a limit , therefore , we should certainly have a reserve •to call on, not only when we have problems with these Wells , but also in the case of a bad leak , such as we had last summer. He recommended that we offer Mr. Myers $12 ,500 for the Myers Well . (2) The sale of the Sewer Plant property was discussed at Committee meeting , but no further action taken. We do have an offer from the Town of Purcellville to buy the pumps , motors , etc . , when we get ready to move . Mr. Warner has a prospect on the property next to this and possibly one CD for our property, but he will let us know further on this . ^.� (3) No word has been received from Mr. Phillips on our offer for the land needed for the Hospital Road. (4) The Master Plan study was considered at Utility Committee meet- ing and representatives from the firm of Greenhorne and O 'Mara will come before the Council at a future meeting . (5) On the Agenda , it is proposed that the Bond Referendum be held on the -election date of July 14, 1970. Also, the Repayment Schedule can be worked up by several methods and it should be coordinated with the present bond payments . He has made up a -schedule of when all bond pay- ments are due . (6) He explained the proposed transfers of various funds recom- mended by the Auditors and said the Finance Committee had gone over these transfers in detail . Most of them are paper::transfers , with only • two actual cash transfers . (7) The three items on the Addition to the Agenda were made up by him after 4 :00 P.M. today , therefore , the Committees have not seen them. He explained them as follows : (a) Southern States is very anxious -to go ahead with construc- tion of their fertilizer building, on which they have let a contract to John Alderman. The proposed resolution would comply with the Ordinance adopted by the Council on December 10th and give approval of the site plan. (b) There have been numerous conferences with Mrs . Carr and the Street Committee on the Edwards Ferry Road project and with Mr. Wilbourn of Tri-County Asphalt Co. Mrs . Carr will be present at this meeting later to discuss this further with the Council , and this reso- lution will at least give us something to start on. (c) Mr. Wallace was contacted to see if he would be willing to pay the cost of curb and gutter on his side of Edwards Ferry Road and curb on the median strip on his side, which would cost approximately $18 ,000 . He said he would be agreeable if the Town would extend -for one year the principal payment of $27 ,400 due on September 1st on the Airport Bond. Mr. Gheen at First and Merchants Bank says the Town can extend its payment , provided it is legal, and the Town Attorney sees no objection to it . • Councilman Wallace suggested that , with regard to the Master Plan study, the Planning Commission and the Council meet informally to talk about this . Mr: Ritter agreed that this might be a good idea . lj El MINUTES OF FEBRUARY 11, 1970 MEETING. He also called attention to a sign on Route 7 coming east into Leesburg from the west that says "Keep Right , " then when you get to the intersection, there is an arrow that points to the left . He thinks this is confusing and should be straightened out . Also, he commented on the speed of Firemen going to the Fire House when the siren blows , also Rescue Squad members . This is a dangerous situation - they are not emergency vehicles - and he believes the Police should keep close check on this . Mr. Ritter said the Police have talked to both the firemen and rescue members and it helped for a while . Councilman Howard asked if the Highway Department has been con- tacted regarding the By-Pass light . Mr. Ritter said this has been done and will be sent on to Culpeper for their decision there. On motion of Councilman Murray , seconded by Councilman Pumphrey, the following resolution was presented: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to enter into an Agree- ment with Mr. Frank Myers for the purchase of his Well, in- cluding the easements to and the property associated with the Well, in the amount of $12 , 500.00. There being no objection to considering this tonight , there followed a great deal of discussion, during which Councilman Murray said he now feels that , even though we go to the Potomac River for water eventually , we should have some standby and apparently this is a better well than the others we now have . Mr. Ritter said Mr. Myers mentioned no speci- fic price , but indicated that he might be willing to split the differ- ence. Councilman Wallace said he understood he would take $12 , 500, plus his appraiser 's fee . Councilman Hill asked what hold the U. S. Geological Survey has on this Well . Mr. Ritter explained how this Well happened to be drilled by the U.S .G. S. and said that there is no money involved with the Government and we would continue to take the readings of the rise and falllof the water in the Well for them, as we have been doing since' we have been using the Well . He also said he believed we should con- tinue to use the Paxton Well. For one reason, he believes all wells should be off for certain periods of time in order to recharge themselves and, also, the Paxton Well is used to control the level in the 12 m.g. standpipe, it is hard to get anyone to climb to the top of this tank to determine the level of the water in this windy weather. Also, he said electric eyes which detect any discoloration of .the water and which cut the pump off in this case can be secured, but they cost $500 to $600, however, they have been considering this . The resolution above was then unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Murray , the following resolution was offered for discussion : BE IT RESOLVED by the Town Council of the Town of Leesburg, that S. M. Rust , Jr. , et al, be offered the sum of $15 ,000 for 6 .8526 acres of land for a Water Treatment Plant , and 0. 7723 acres of land for a 50-foot wide easement , as shown on plat prepared by Johnson and Williams dated November, 1969. Mr. John R. Williams was present and answered questions propounded by Councilman Wallace and other members of Council, as follows : Q. Do you have an estimate of the total cost of the proposed facili- ties , including land, engineering , construction and interest dur- ing construction , etc ? A. We estimated about a year ago in a letter to the Town. It was about $1,000 ,000 at that time , but that was before the size of the tank and the Treatment Plant were determined. That is in your file here. Mr. Ritter : It was $1,000,000, based on a 1 m.g .d.. When we upped it , it went up to $1 , 200 ,000 for a 1. 5 m.g . d. plant . 1'3-1 MINUTES OF FEBRUARY 11 , 1970 MEETING. Q. Do you think this is a reasonable figure to be talking about? A. To the best of my knowledge . Q. What do you think it will cost per thousand gallons of water? A. I told you the other day that , based on our preliminary estimates at the present stage , I would estimate the cost at 10 cents per thousand gallons . Q. I understand the City of Fairfax cost is 24 cents per thousand. A. They pump quite a long ways . I don ' t know where you got your in- formation. • I never heard of filtered water costing 24 -cents : I don ' t think this is a correct figure . Q. The Sanitation Authority is paying this for their water now, includ- ing debt service . • A. I think this is very high. • CC Q. On the Bond Issue , what length of time do you think it should be CD as far as the number of years is concerned? A. I didn ' t say , but I think the term of the Bond Issue , or length, would depend on circumstances at the time you sell the bonds : Now, with the money market as it is , the shorter the term, the better. Generally, this has been so in municipal bond issues for the last 10 years . Of course , there is a limit as to the shortness of the time, if you can sell the bonds , by your ability to -repay the debt service . I think these services have to be adjusted just prior to the sale of the bonds . Q. Wouldn ' t the length of the Bond Issue have an effect on the per thousand cost? - A. Yes . • Q. You said 30 years on the $900 ,000 Bond Issue . A. I was of the opinion that it should be longer, but this was my opinion against that of the Local Debt Commission in Richmond. I know that , by selling them at a shorter term, you were able to sell them at a lower rate of interest . Q. Has the Governor signed the limitation on Bond sales? • Brett Phillips : It is on his desk. Q. What do you think we should do with our existing facilities? A. I think you should keep them in service if they are productive at that time . - - Q. We are making an offer for the Myers Well. A. It would depend upon the productivity and yield of the wells and the cost of maintenance and operation. If they are costly to keep up in proportion to their yield, I would seriously consider abandon- ing or selling them. If they are productive and the cost of opera- , tion and maintenance is reasonable , I think the Town should keep them as a standby source . Mayor Rollins : Does the $1,200 ,000 include the stand tank? A. There will be two tanks . One of 1. 5 million gallon capacity; which will serve the area of the Town. Then there will be another tank of about 150,000 to 200,000 gallon capacity, which will serve as a backwash for the filters in the Filtration Plant . - Q. How about Federal funding on this? 1 t MINUTES OF FEBRUARY 11 , 1970 MEETING. A. There is none available on water projects at this time. The ,only Agency that lends or grants money for waterworks is the Farmers Home Administration. They are about three years behind on appli- cations and most of their assistance is in the form of loans , rather than grants . The likelihood of the Town even being eligible for FHA assistance is very small . The Town would have to prove that the rates are substantially higher than those in the area. These loans are primarily for the purpose of bringing rates down to cus- tomers , as compared to other communities . .Q. How about House and Home Financing Administration? Do they have a program? A. Yes , they have water and sewer in urban renewal. They also have a program for advance .planning , but it is doubtful that the Town would be eligible for this . This is only for preliminary planning. I don ' t think you would be interested in this . Q. I have had a conversation with someone from there . It was their opinion that we could get some financing for a water distribution system. A. I think your chances would be very remote . It has to be combined with other needs . Q. Have you read the report from the Metropolitan Council of Governments , wherein it was stated that , while they recognize Leesburg 's facili- ties meet their immediate needs , we do not have to go to the Potomac? It is recognized, also , that the County would have to go to another source . It was their recommendation that , while Leesburg can ' t sit and wait , perhaps the Town and County should work together to try to locate a facility for both. Have .you talked to the County about their plans? A. We talked to County representatives at length on several occasions , one of which was at the Maryland State meeting . There were also representatives of the Metropolitan Council of Governments there . At the time the Town was granted its permit , we were in close touch with the County authorities because they attended those hear- ings . We discussed the ramifications and, at that time, they did not express any interest in the Potomac River as a source of .water supply for the County. Q. You say the Council of Governments was there . Didn ' t they oppose Leesburg going to the Potomac? A. They had not completed their water resources report at that time . If you will look in the file, you will find a long exchange of let- ters between the Town and Dr. Lentz, representative of COG . I sug- gest that you get the background on this - that you read this ex- change of correspondence . Q. I have talked to Dr. Lentz about this . He says they opposed this plan because their report was not complete. A. The testimony of Dr. Lentz at that hearing did not oppose it . He was more interested in the degree of treatment of the water. . Q. What will be the effect of dams on the upper portion of the Potomac? We have to pay our share of the cost of these dams . A. There will be a charge on this . Q. Do we have correspondence on this? A. I think there is correspondence on this . I think there is an esti- mate on how much they would charge to get water out of the Potomac . Q. I was figuring on the total Utility Fund. At this point, we are run- . ning close to the wire . Our water and sewer revenues are about $180,000 for this current fiscal year. Just taking on an average of 600,000 gallons going through the system per day would be 365 days , divided by the revenues , which would equal a rate of about 81 cents per thousand gallons . Is this reasonable , Mr. Ritter? 133 MINUTES OF FEBRUARY 11 , 1970 MEETING. Mr. Ritter: It is a little high. Q. We are running about $20,000 deficit at this point . If the sewer plant had been in service for even half of this year, it would be even more . It seeths that , if we go ahead with this project , the first year 's amortization would be about $ 132 ,000 . This is almost as much as our expenses existing now in the Utility Fund . When would you project that you go ahead with this? A. If you have a successful Referendum and, if the money market improves , I would say 18 months from July - 1971 or 1972 . Q. I had thought it might be in 1973 and the population might increase by about 60 per cent . Mayor Rollins asked where Mr. Wallace got this figure of $132,000. Mr. Wallace said he got it by taking the $1, 200,000 divided by 20 years equals an annual principal payment of $60,000, and interest for the first year at six per cent would be $72 ,000 , totalling $132,000 . Mayor Rollins said the population is estimated to be about 10,000 in five years , when he thinks the first principal payment would be due on the uD Bond Issue . Mr. Wallace said the point he is making is the effect this CD would have on utility rates . Mayor Rollins again said he would not think the first principal payment would be due the first year. Mr. Williams said he thought this was discussed before . He thought the Council agreed that the study should be made . The last study made was by the Finance Committee just prior to the time of selling the bonds on the Sewage Sys- tem. Their work was augmented by the Finance Committee at that time . Mr. Wallace said he was really concerned over the rates , not over the permit with Maryland. • Mr. Williams asked Councilman Wallace what he proposed to do . He said he proposes to wait and look into some alternatives : (1) possibly work with Fairfax County on going to the Potomac ; (2) possibly work with the Loudoun County Sanitation Authority and Fairfax City at Goose Creek. He thinks we should study this further and asked why we Care rushing into this . Mr. Williams answered that some of these have already been in- vestigated. We have done work with the City of Fairfax on this . Goose Creek is very limited for future expansion and the arrangement under which the Town can obtain water from Goose Creek is not feasible . There ` is no point in spending any great deal of money in investigating this source of supply . • Mr. Wallace said he would like to see us work with the Sanitation Authority . Mr. Williams said he thinks those decisions have to be made by the Council. He said his firm investigated Big Spring - ran weir tests on this over a period of six to eight months and came up with a yield of about 1,000 ,000 gallons . This would be very expensive and there are in- surmountable legal problems in using this supply. Questions and answers continued between Mr. Wallace and Mr. Williams . Mr. Wallace said we are getting into a bind on our finances . He said he had talked to Maryland and he understands there is no question on the extension of our permit . Councilman Murray asked who he talked to, the Governor? Mr. Wallace said he talked to the head of the Water Resources Board and presented, for the record, a copy of a telegram stating that there would be no problem on extending the permit. (Copy attached hereto) . Councilman Murray asked if this is ethical. Mr. Wallace said he believed it to be . Mr. Murray said this would be the last thing he would do. He also said he doesn ' t pay any more for water than anybody else and, whatever it costs to obtain water, we are going to have to pay it . He said "Full speed ahead • to get water. " A roll call vote of 5 to 1 adopted the foregoing resolution, with Councilman Wallace voting against it . On motion of Councilman Howard, seconded by Councilman Murray, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the date for a Bond Referendum to finance the cost of the proposed Potomac River Water Line , Water Treatment Plant and related facilities , be held on July 14, 1970. 134 MINUTES OF FEBRUARY 11 , 1970 MEETING . Councilman Wallace asked what we are going to do if this does not pass . Councilman Murray said "You campaign against it and we will campaign for it. " Councilman Wallace said he intended to campaign against it as hard as he could. Councilman Hill asked Mr. Williams about the possi- bility of not incurring the entire debt at this time : Mr. Williams • said the Town would need $55 ,000 by June of 1970 - some of this would be for the transmission lines already designed. He said he would cer- tainly assume that the Town would proceed as enthusiastically on its water program as it did on its sewage program; he would assume that every prudent person would see the advantages , even though the rates might have to go up. By June 30th, or somewhere along in there, they would finish the design engineering ready to let contracts if the Bond Issue passes . Obviously , there are other people who think the Potomac River is the source of water. Fairfax County is getting ready to go there and so is Loudoun County . If it is feasible for these people to go there , why wouldn ' t Leesburg be the most feasible - it is closer. Councilman Wallace said Fairfax City is going to explore it as a last resort to increase their supply . Mayor Rollins asked Councilman Wallace if he un- derstood him to be against going to the Potomac River for water. Mr. Wallace answered that h0 not against it, but he did not like the timing, he thinks it is too soon. The resolution was then adopted by a vote of 5 to 1, with Councilman Wallace casting the dissentingvote . On motion of Councilman Murray , seconded by Councilman Pumphrey, the following resolution 'was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the firm of Johnson and Williams be authorized to pre- pare a Repayment Schedule on the sale of bonds to finance the Potomac River Project . Councilman Murray said one possibility the Finance Committee considered was to make a study on the water issue - the other was to make an over- all study , which would include this, plus a study for water and sewer • rates . Mr. Williams said this would be a study of rates on water to meet the debt service, maintenance and operation - the entire water system finances would be included. This could be done for a figure of $3 ;000. Councilman Wallace said we do not have an up-dated study on the costs of the Sewer Plant . He asked Mr. Williams what rate schedule was used when they prepared the schedule on the $900,000 Bond Issue . Mr. Williams said he did not recall the amount . Councilman Wallace said he thought we should do the rate study on both water 'and sewer, especially if Mr. Williams can do both for $5 ,000 . He moved to amend the resolu- tion to include a rate schedule on the sewer also, not to_ exceed $5 ,000. This amendment was seconded by Councilman Murray. Mayor Rollins asked what this study would tell the Town. Mr. Williams said this would be a study of the rate structure of both water and sewer to meet the present outstanding indebtedness and future indebtedness incurred by the Town over approximately the next 30 years . Councilman Murray asked if he recommended this . Mr. Williams said yes , this has to be done before the . Bond Sale on water = all bonding companies require these studies . This will tell the rate per thousand gallons over the term of the bond years ; also whether the bond should be over a 20 or 30 year period. They would also recommend charges for connection fees .' The amendment was then unani- mously adopted and the motion, as amended, also unanimously adopted, read- ing as follows : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the firm of Johnson and Williams be authorized to pre- pare a Repayment Schedule on the sale of bonds to finance the Potomac River Project , and a rate schedule on the sewer, not to exceed $5 ,000 . On motion of Councilman Murray, seconded by Councilman Hill, the following resolution was offered : BE IT RESOLVED 'by the Town Council of the Town of Leesburg , that Johnson and Williams be authorized to proceed with test borings on the Rust property at the site of the Potomac River Water Treatment Plant . 135 MINUTES OF FEBRUARY 11, 1970 MEETING. Councilman Wallace reiterated the fact that he is opposed to going to the Potomac so fast . Mayor Rollins said Council could delay it by not putting out the bids for two or three years . Mr. Ritter said we have to have permission from the property owners to go on their property, however, Mayor Rollins said we have the right, even if we do not have permission. Mr. Williams said they wanted to proceed as rapidly as possible . Mr. Ritter said he would rather get permission before going to Court over it . The resolution was then adopted by a vote of 5 to 1, with Councilman Wallace against it . Mayor Rollins asked if everyone is satisfied that the amount of the Referendum should be $1,200,000 . Mr. Williams suggested that we hold up as long as we can. Mayor Rollins suggested that we talk to the bond- ing attorneys and see how long we can wait to determine the amount . Councilman Murray thanked Mr. Williams for coming tonight . The possible sale of Potters Field was discussed briefly , but it was decided that this was premature . On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted: WHEREAS, Yount , Hyde & Co . , Auditors for the Town of Leesburg, Ca has recommended that certain transfers be made of Town Funds , due to certain transactions in the past, and WHEREAS, these proposed transfers were discussed in detail with the Auditor at the Finance Committee meeting on February 3 , and the Committee .feels that these transfers should be made in order to correct adjustments to the accounting records , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following cash transfers be made : (a) $ 1,000 .00 to be transferred from the Airport Fund to 'r the Bond Issue Fund. (b) . 204 . 19 to be transferred from the General Fund to the Bond Issue Fund, and BE IT FURTHER RESOLVED, that the following transfer of funds be made by journal entry, which, in effect , will be a "paper" transfer: (a) $ 1,570 . 14 from the Bond Issue Fund to the General Fund. (b) 2 , 975 .00 from the Bond Fund to the Utility Fund. (c) 29,568 . 75 from the General Fund to the Bond Fund. (d) 10 ,000 .00 from the Bond Fund to the Utility Fund. (e) 2 ,040. 98 from the Bond Fund to the General Fund. On motion of Councilman Wallace, seconded by Councilman Pumphrey, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $ 604 .00 - Admiral James R. Dudley for flagpoles and ac- cessories . General Fund-Capital Outlay . 287 . 90 - McClanahan Camera & Sound for two (2) Police Monitors . Police-Capital Outlay . Admiral Dudley was present and explained why the price on the flagpoles was so much higher than he- had quoted last October. He said that the American Legion ordinarily makes a little profit but, in the case of a Governmental organization, they make none whatsoever. Mayor Rollins asked how these poles are installed, and Admiral Dudley explained the usual procedure . 136. MINUTES OF FEBRUARY 11, 1970 MEETING. On motion of Councilman Murray , seconded by Councilman Wallace, the following resolution was unanimously adopted : . BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Treasurer be authorized to remove all delinquent real estate taxes from the accounting records -prior to year 1965 , in accordance with attached list, in the total -amount of $ 1,797 .45 , as recommended by Auditor. - Councilman Murray pointed out that this is not a procedure whereby we just write off these taxes , but they are liens against the property II/ if it is sold. • On motion of Councilman Wallace , seconded by Councilman Murray , the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Treasurer be authorized to remove all delinquent water and sewer bills which are doubtful of collection, in the amount of $1, 196 . 91, as recommended by Auditor, for fiscal year ended June 30, 1969, as shown on attached list . Councilman Howard asked if these could not be rendered to judgment . Councilman Murray said he believed efforts are still being made to collect these accounts and changes have been made in the last year to effect collection of utility bills . Town Attorney Martin said you can take judgment on accounts as far back as three years , providing the Town adopts the legal procedure to be followed in such cases . Council- man Howard said the cost would be 25 cents to docket a judgment and 50 cents to release it , so this cost is negligible . On motion of Councilman Wallace , seconded by Councilman Howard, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Treasurer be authorized to remove all delinquent water and sewer bills which are doubtful of collection, in the amount of $3 , 116 .00 , as recommended by Auditor, for fiscal year ended June 30, 1968, as shown on attached list . On motion of Councilman Pumphrey, seconded by Councilman Howard, the following resolution was unanimously adopted : BE IT RESOLVED by the Council for the Town of Leesburg , Vir- ginia , that the Town Manager be and he is hereby authorized and directed to have published in The Loudoun Times-Mirror, on the 19th and the 26th days of February, 1970, the follow- ing advertisement : . _PUBLIC NOTICE OF PROPOSED REZONING Notice is hereby given that a Public Hearing will be held by the Council for the Town of Leesburg, Virginia , on March 11, 197Q at 7 :30 P.M. , in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia , to consider the following appli- cations : (1) XIV Joint Venture , Maurice F. Biddle , Trustee, contract owner, to have rezoned from R-1 to R-3 Lots 6 through 19, inclusively, of Valley View Subdivision, containing approximately 15 acres of land, and bounded by Davis Avenue on the north ; lands of Phillips and Kaufman on the east ; land of the Commonwealth of Virginia on the south and Lee Avenue on the west. • (2) Gold Star Homes , Inc . , contract purchaser, to have re- zoned from R-2 to B-2 that portion of 40 acres of land that fronts on South King Street (800 . 2 feet) for a depth of 450 feet , and from R-1 and R-2 to R-3 the re- liffE 137 MINUTES OF FEBRUARY 11 , 1970 MEETING. maining portion of the 40 acres . Said tract is bounded by the lands of Loudoun County School Board, Curry and Herndon on the north; South King Street, McAlpin , Champ, Jackson and Harris on the east ; McAlpin, Champ, Jackson, Titus and Rollins on the south ; and Rollins , Rogers , Loudoun County School Board and White on the west . These applications and the proposed resultant change, if ap- proved, in the Leesburg Zoning Map, may be viewed in the Plan- ning and Zoning Office , 15 West Market Street, Leesburg, Vir- ginia . At this Hearing, all interested persons desiring to present their views on the above applications will be heard. BY: Kenneth B. Rollins Mayor, Town of Leesburg, Virginia . On motion of Councilman Murray, seconded by Councilman Howard, the following resolution was unanimously adopted after explanation by Mr. Forbes : WHEREAS, a .plat designated "Plat Showing Resubdivision of Lots 21, 22 , 23 , 24 and 25 , Section One , Leesburg Country Club and Subdivision of the Property of Tuscarora , Inc . ':' was Q presented to the Leesburg Planning Commission at a regular meeting held on February 5 , 1970 for consideration under Sec- tion V of the Leesburg Subdivision Ordinance , and WHEREAS , the Leesburg Planning Commission determined that the said plat met the requirements of Section V of the Leesburg Subdivision Ordinance , and WHEREAS, the said Planning Commission recommended to the Coun- • • cil for the Town of Leesburg that the said plat be approved, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, Virginia , that the Plat of Resubdivision of Lots 21, 22, 23 , 24 and 25 , Section One , Leesburg Country Club and Subdivision of the Property of Tuscarora , Inc . , as prepared by Payne Associates and dated January 19, 1970, be and the same is hereby approved, and BE IT FURTHER RESOLVED by the Council for the Town of Leesburg , Virginia , that the Clerk of the Council be and she is hereby authorized and directed to affix her signature to the said • plat as evidence of said approval . On motion of Councilman Pumphrey , seconded by Councilman Howard, and after explanation by Mr. Timbrook of Southern States that they expect to build one building now and the rest later in the summer, the following resolution was unanimously adopted : WHEREAS, Southern States Leesburg Coop has applied for a Zoning Permit to cover the construction of buildings , as shown on draw- ing prepared by their architects dated October 14; 1969, on a lot owned by Southern States on Catoctin Circle , and WHEREAS, the Town of Leesburg Ordinance adopted December 10, 1969 provides that certain improvements are to be made at" the cost of the developer or, in lieu of this , the developer may provide a Performance Bond , with approved surety payable to the Town of Leesburg , to insure installation of said improve- ments , and WHEREAS , Southern States Leesburg Coop has agreed to provide a Performance Bond, as mentioned above, based upon the esti- mated cost of the improvements as determined by the Town Mana- ger, the said Bond to run for a maximum of five (5) years , and to be renewed and reviewed at the anniversary date of each year to consider cost escalation, and to reduce the Bond by the amount of work completed during the preceding year, WiXXX MAXXXX 138 MINUTES OF FEBRUARY 11, 1970 MEETING . NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that Southern States Leesburg Cooperative be issued a Zoning Permit , provided all legal requirements of the Leesburg Zoning Ordinance have been complied with, to construct the buildings as shown on drawing prepared by their architects dated October 14, 1969, based on the conditions mentioned above . On motion of Councilman Hill, seconded by Councilman Murray , the following resolution was offered :, WHEREAS , the Town of Leesburg has received a proposal from Tri-County Asphalt Company in the amount of $32,791. 70 for - the construction of certain improvements on Edwards Ferry Road between Mayfair Drive and the corporate limits , as shown on plans prepared by Walter L. Phillips , said work to include all construction, with the exception of storm drains shown thereon, and WHEREAS, Mrs . Lester Carr has approached the Town of Leesburg with a proposition to widen the proposed improvements to a section which would include dual lane and median strip, to- gether with curb and gutter and storm drains , based on a 70-foot right-of-way , NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Tokn of Leesburg agrees to build said improvements as listed above, provided that : (a) A suitable Agreement can be made with Mrs . Lester Carr ; (b) A written confirmation can be secured from Tri-County Asphalt on price of construction of the entire project ; and (c) The Town of Leesburg cost will not exceed $32 ,791. 70. Mrs . Carr addressed Council at this time , stating that she trusted tha the Council realizes why she has taken this position, that she is not complaining, but the original plan that was presented to her was one of having open storm drains along the side of the road, and it was pro- posed that water be dumped on Exeter in two places , one of which is not coming onto this land now. It entailed a 65-inch drain line across the road. Economically , it would be very difficult for her to accept construction of this kind because it would deteriorate the value of her land a great deal to have open ditches along the road . It would also subject the land to a great deal of flooding because she would have to accept water from the entire area across the fields of Exeter. Therefore, she feels she does not have much choice - she could either be stubborn and say No, that she won ' t accept this water, or say she would not give you the right-of-way, or else that she would be glad to con- sider going along with it , but she would like to have it done in such a way as to minimize the damage to her land. In addition to the cost of doing the road properly , she is being asked to accept all of the drain- age . Estimates show that the 65-inch drain tile , in order to take it across Exeter for 2,000 feet , would be $67 ,000 for the drain tile alone on one drain. The other drain on the south end of the land is about 24 . 50 lineal feet, which means another 2 ,000 feet , at a cost of another $48,000. Therefore, the drain tile alone would cost her $110,000. This does not include any cost Of any additional improvements on Edwards Ferry Road. She said she wanted the Council to know this so that they would understand why she has sort of hesitated on the easement . To put the drainile in, she should put in the roads to go along with it in ordeP9ho have drainage systems run along the road. This is the only feasible way she can accept the problem. On Edwards Ferry Road itself, she does not feel she could accept the deterioration of the land by open drainage ditches and having inaccessible edges along the road. For that reason, she would like to have the road put in in such a manner that would cause the least damage to the land. She understands that the Town has $32 ,000 and she has said she would try to work out some manner 1.3.9 : MINUTES OF FEBRUARY 11, 1970 MEETING. in which to accept the additional cost for putting the road in properly . Tliis is only the beginning of the cost , the big cost being the drainage . She has met with the Committee and with Mr. Bozel regarding this . She also said she did not want the Council to feel that she was being an obstructionist, such as she has been accused of in writing andy_n print , but she wishes to make her position clear so that the Council will ap- preciate her problem too so that if she has to come to the Town for re- lief in the future , they will listen to her with an open heart. Councilman Murray asked where this drainage goes now. Mrs . Carr said it stays on the other side of the road and one field is pretty wet . She also said we are asking her to take almost ten times the cost of the appropriation for the road. Mr. Bozel said he believes Tri-County will give him a price tomorrow. Councilman Hill said he didn ' t want to see our price from Tri-County go by if possible. Mrs . Carr asked what Mr. Wallace had agreed to do on his side . Mr. Ritter explained that he is willing to go along with this, providing we delay his Airport principal payment for one year. Mrs . Carr said we are asking him to spend under $20,000 for curb and gutter on his side and we are asking her to spend three times this amount on the road itself, plus putting in all of the drainage , which will be upwards of a quarter of a million dollars as far as she is concerned. She said she will 1"m probably go along with this , however, she doesn ' t believe anyone realized the problem that it would cause . The motion was then unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was offered : WHEREAS, Mr. John A. Wallace has been approached with the _ . idea of his paying the total cost of curb and gutter con- struction in front of property that he owns on Edwards Ferry Road between Mayfair Drive and the corporate limits of Lees- , burg, said cost to include the construction of a curb on the south side of the proposed median strip for the length of the project , all estimated to cost approximately $18,000 .00, and WHEREAS, Mr. Wallace has agreed to pay this estimated cost , provided the Town of Leesburg will extend the principal pay- ment in the amount of $27 ,400 . 00 on the Airport Bond due Sep- tember 1, 1970 to September 1, 1971 , and WHEREAS, Mr. Wallace has agreed to make the interest payments that are due , and will pay any additional interest required over 6% in the event the Town has to borrow the money from the Bank in order to make the principal payment in the amount of $27 ,400 which is due on July 1, 1970 , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that First and Merchants National Bank be requested to extend the Town ' s principal payment in the amount of $27 ,400 from July 1 , 1970 to July 1, 1971,_ and BE IT FURTHER RESOLVED, that the aforementioned Agreement with John Wallace be accepted by the Town. The matter of where the entrances would be was discussed. Mrs . Carr said they should be at the same place on both sides . Mr. Forbes said that a few years ago, when Mr. Wallace first proposed his Shopping Center, he came before the Planning Commission for a Commission Permit to locate a proposed through street between Market Street and Edwards Ferry Road. At that time , he proposed a road 60 feet in width that would come out generally in the vicinity of the old Airport hangar just to the east , and the Commission gave him this permit, so this is the area generally in which the entrance would be. Mr. Ritter said he agrees that this would be the location of a street and he may not need any other entrances . He doesn 't see how we can put his in until we know what he is going to do in the way of development . He said there would be no hold-up in the road until he presents a plan . The motion was then unanimously adopted, with Mr. Wallace abstaining. 140 MINUTES OF FEBRUARY 11 , 1970 MEETING. • Mr. Moody reported that there had not been too much in the way of construction activity due to the wet weather, but they have started work again today on the raw sewage pumping station . In the meantime , they have been doing some small amount of work in the Control Building and getting a lot of the plumbing work done there . As far as the two sewer projects are concerned, the Route 654 line is about 50 per cent complete and the Route 15 By-Pass line about two- thirds complete . • • He reported that they do have some encouraging news on the possi- bility of Sewer Plant Operators . Two men have been hired and are at- tending school in Hagerstown, Maryland. They are getting applications now from experience RR rsonnel, due to an ad placed in a Water Pollu- tion Control Federa ti'ournal . The school in Hagerstown will run another two months and then they send an instructor to our Plant to spend about • -140 hours in instructing these men when we go into operation. This school costs us nothing. There being no further business , on motion of Councilman Murray , seconded by Councilman Howard, the meeting adjourned at 10 :00 P.M. Mayor n Clerk of th Council 1 ,... \ - - , .•• r --. ,;. r.c:... HI -. ...r. . . ., -N ' -C. •..• :A.:X.:A:KJ - - . - . ..: :-: . -.1, 3'..: .. . ' - Y....;•j-:14e . • . r c- • e_. r7t, t-c% T :. tag 0 TDBR ANNAPOLIS MD FEB 11 115? EST .. . ii:F.g;,...,. ,.• r4:4 JOHN A WALLACE JR FONE 777-1660) AND MAIL ‘ 1'71.`44.,:ft _. 1.4.,rs*\a,.. :•1?.4.1;:k ti .'''' : PO BOX .927 LEESBURG 11/R WE SEE NO REASON WHY WE CANNOT EXTEND THE. TIME AND THE ' ' PATIENCE ON PERMIT NUMBER M-6S-SAP-1 , ___ PAUL W MCKEE FEB 11 218P MI CLR. A. . -C.: M-7687SAP-1 • I aim Toik, ,,::,,tor ,-- ! Ito- . . . ' • . 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