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HomeMy Public PortalAbout1970_09_09 223 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 9, 1970 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia on September 9, 1970 at 7 :30 P.M. The meeting was called to order by the Mayor , with Council- man Howard 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 August 26 , 1970 were approved as written . Mr. Dan Compton , President of Virginia Knolls Community Association, presented to Council a Petition signed by some 125 residents of that com- munity , asking that Council consider a resolution prepared by its members , said resolution requesting the Town of Leesburg to assume responsibility for the Tuscarora Creek as it flows through the Town , and the correction of numerous problems in and adjacent to said body of water. He also read a statement in support of this resolution. Mayor Rollins asked if they have any concrete proposals as to what needs to be done so far as the Creek is concerned. Mr . Compton said the Association has put about $1,000 o into this project so far, and its members have done a good deal of work in accordance with suggestions from Mr. Leslie King, District Conserva- rn Mr. Forbes stated that the Town 's Zoning Ordinance states that, as a condition precedent to the creation of an R-3 District , the owner or developer shall enter into an agreement with the governing body of the Town to guarantee that , on non-public areas used for the common en- joyment of the people in the R-3 District , the Town will not have to main=Li. tain, in any way , shape or form, any of this area . He believed this was the reason for the creation of the Association. Mrs . Keefer, Secretary of the Association , also expressed her views with regard to this subject. Mayor Rollins referred this matter to the Utility Committee. Town Manager Ritter reported the following : ' (1) The new Sewer Plant got under way last Friday. He said Mr. Moody has worked hard to get the Plant started and he wished to congratu- late him publicly . He and Gene Keyes have been working 24-hour shifts up until today and it is difficult for them to work such long hours . They are fortunate in having Mr. Gerry Deal to help them during the day - without his guidance and direction, he did not know what they would have done . Mr. Richards is back now and is oh the night *eft . Another opera- tor from Manassas has been off for about two weeks due to illness , but he expects to be back next Monday . Another operator from another city is •to come here Saturday for an interview and he may make a Chief Operator. (2) Regarding the appropriation to Greenhorne & O 'Mara, this is the second payment on our total contract to them in the amount of $2400 . They still have a lot of work to do . (3) The plans are prepared and the advertisements ready to go out for bid on the Valley View Avenue Sewer Line as soon as he is authorized to do so. (4) Regarding the surface treatment of roads at the Sewer Plant and the shrubs to be planted in the planter in front of the Control Build- ing , we have some money to do this with. There is a total of $24,390 in the S:-I Contract that we will not need. By subtracting the amount of • $5 , 190 in Change Orders , this will leave a net minus of $19,200 that we will not need. We appropriated $5 ,000 for curb and gutter at the Plant at the last meeting, and it looks like we have ample money in the contract to do this work. The roads willcash considerably if they are not surface treated. (5) We now have a firm price on the laboratory equipment needed at the Sewer Plant . This is in the amount of $1,464. 82 . He suggested that this be an appropriation and that he be given authorization to purchase this equipment . 224 MINUTES OF SEPTEMBER 9, 1970 MEETING. • (6) He talked with Johnson and Williams about the trip to Phila- delphia to talk to HUD about the Federal Grant for the Potomac Water Project . Mr. Williams had talked to them the other day and was told that a conference at this time would not accomplish anything , however, he was going up on September 8th on another matter and was going to dis- cuss our case at the same time . (7) The proposed apprpriation for the Edwards Ferry Road Project brings the total payments to 52 per cent of the total contract , which en- titles us to another payment from Mrs . Carr. Tri-County has not made very good, progress lately, but Mr. Bozel and he had a conference with them and they agreed to step up this program . Our agreement with Mrs . Carr was that the project would be completed by September , however, thi Agreement was made last March and we were held up a long time by the Telephone and Power Companies . This will be taken up with Mrs . Carr when she returns from Europe . Tri-County is moving along pretty well now and it should be pretty well completed in another month. Councilman Wallace asked if there is any chance of synchronizing the traffic lights on Route 15 , particularly since there is so little traffic on Loudoun Street at night . Mr. Ritter says this can be done but it would have to be taken off of the radar to do it . Mr. Moody reported that Limbach Company finished sealing the leaking joints on the S-II and S-IV lines and they finally got the Plant into operation last Friday morning , which was surely a happy day for him. They are making good progress on the Plant now. They tested the hot water boiler today and it is in operation now. All the seeding has been done and it is all mulched - they have more rocks to be picked up and a little other work that he is not satisfied with yet . They are supposed to run a test on the stone and then the road will be ready for the seal coat . This should hold it until we are ready to pave it . They will get the curb and gutter started before winter on the main service road to the raw sewage pumping station, which will help hold the water where there is such a steep grade . There are a .few "bugs" in the Plant right now, but , all in all, it is working very nicely . He said he did not rea- lize just how bad the old Plant was until he saw it the other day and the Town has been working to correct it for the last 8 years . A lot of money is involved and a lot of time . He hopes to have a formal opening next week and wants to have it looking nice . He thinks the Town should be proud of the Plant . There is one primary clarifier not in operation yet because they do not have the motor. Councilman Murray said it was his understanding that the Council wished to name a street down there in honor of the late Mr . Fishback. Mayor Rollins asked when the work on Catoctin Circle is to be done. Mr. Ritter said it should have been done last week and he would contact the Company about this . On motion of Councilman Howard, seconded by Councilman Wallace , the following resolution was unanimously adopted : BE IT RESOLVED by the Council for the Town of Leesburg , Virginia , that the Town Manager be and he is hereby authorized and directed to have inserted in the Loudoun Times-Mirror the following adver- tisement for publication on the 17th and 24th days of September, 1970: PUBLIC NOTICE Notice is hereby given that a Public Hearing will be held by the Council for the Town of Leesburg , Virginia , on October 14, 1970 at 7 : 30 P.M. in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , to consider the following : ' ' .Application No . ZM-1 by C . Herbert Pearson to have rezoned from R-2 to B-2 the land located on the south side of East Loud- oun Street and bounded by East Loudoun Street on the north; C. A. English Cole on the east ; creating a new line 1322 feet south parallel to the center of East Loudoun Street through the prop- erties of A . B . and Cora Atwell, Lois B. Francis , Robert G. Stead- man, C . Herbert Pearson, R. A. Orr, Fannie D. Wright , Mrs . Dewdney, Eugene H. Drake , J . L. Carr and Mary Louise Carr and J . C . Carr on the south; and Clarence G. Jewell and W. Edward Bishop on the west . 225 MINUTES OF SEPTEMBER 9, 1970 MEETING. Application No. ZM-2 by S. D. Phillips , Jr. to have re- zoned from R-1 to B-2 one acre of land located on the east side of Valley View Avenue , bounded by the property of Frank and Hazel Church on the north ; South Wirt Street on the east ; other land of S. D . Phillips , Jr. on the south ; and Valley View Avenue on the west . Application No . ZM-3 by Gold Star Homes , Inc . to have re- zoned 40 acres of land located on the west side of King Street, bounded by the properties of Loudoun County School Board, Ever- ' hart , Middendorf , Painter , LeBoutillier, Curry , Burleson, Rada- bach, Weber , Raflo , Flack and Herndon on the north ; South King Street , McAlpin, Champ, Jackson, Harris and South Wirt Street on the east ; McAlpin , Champ, Jackson, Titus and Rollins on the south ; and Rollins , Rogers , Loudoun County School Board and White on the west . Said applicant requests that 12 . 6 acres of land be rezoned from R-2 to R-1 ; 17 .5 acres of land be rezoned from R-1 and R-2 to R-3 ; and 6 . 7 acres of land be rezoned from R?2 to B-2 , all in accordance with a plat and descriptions pre- pared by Edward W. Dove , P.E . , Civil Engineer and Land Surveyor, on file with said application. O A proposed amendment to the text of the Leesburg Zoning Ordinance , whereby Article II would be deleted in its entirety and a new Article dealing with amendments would be inserted in place thereof . The above applications for rezoning and the proposed amendment to the text of the Leesburg Zoning Ordinance may be viewed in the Planning and Zoning Office , 15 West Market Street, Leesburg , Virginia . At this hearing , all interested persons desiring to pre- sent their views on the above applications and proposed amend- ment will be heard. By : Kenneth B . Rollins , Mayor Town of Leesburg , Virginia On motion of Councilman Wallace , seconded by Councilman Murray , the following resolution was offered for discussion : WHEREAS, the Utility Fund Budget for 1970-71 was adopted with anticipated revenues to be received from an increase in water rates equal to a 37% increase in water and sewer revenue , and WHEREAS, the additional revenue is needed in the Utility Fund, which would amount to approximately $45 ,000 per year, includ- ing increased sewer revenue , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following water rates be effective Sep- tember 15 , 1970 , which would reflect in the October billing : Proposed Water Rates Min. bill $7 .50 for 7500 gal. 1st 50M @$ 1 .00 2nd S0M @ .80 All over 100M @:50 Councilman Wallace expressed his belief that the rates should be in- creased , not only to keep the Budget operating in the black, but also to build up a surplus toward the Potomac River Bond Issue . He said the average bill would be increased by approximately 25 per cent with this proposed increase and he believes it much wiser to increase the rates now, rather than to increase them by an even larger amount in three years , or whenever we decide to go to the Potomac for water. KIPWAQX 226 MINUTES OF SEPTEMBER 9, 1970 MEETING. Mr. Herb Pearson said that, from his experience in Hamilton, he would advise keeping the rates down . Hamilton has raised their rates so high that it has prohibited builders from doing any building there. He urged Council to do everything it can to keep the rates down. Mayor Rollins emphasized that he has consistently opposed any in- crease in the utility rates . He said that, at the time of the Bond Is- sue, he did not know what effect it would have on the rates and he still does not know . - it depends on the interest rates , the contract price and, to a large extent, on how much, if any , Federal Grant the Town receives . He does not think it should be put out for bid until at least next fall in order to give the Town some growth period. When you grow as fast as Leesburg has , it is hard for the revenues to keep up with the growth. You get into trouble when your facilities grow faster than your popula- tion. The present water capacity is certainly sufficient for another year and a half to two years before this project goes out for bids . We have experienced this with the Sewer Plant . He also pointed out that the to- tal amount needed for all purposes from the Utility Fund from now until the end of this calendar year is $21 ,500 some dollars , and we now have a bal- ance in this fund of $31 ,626 . 31 . The biggest revenue of the year is yet to come in, which will reflect the revenues of the summer months . He be- lieves there will le at least $25 ,000 surplus by the end of the year;, and then we have six months in which to meet a payment in June of next year of $56 ,000. Therefore, it seems that there will be enough revenue to meet the expenditures . The revenues , as of this point , are far greater than anticipated. He would like to see the Finance Committee act on a _ resolution which he proposed sometime ago on not transferring funds from the Utility Fund to the General Fund, which would be of considerable help. He feels that it is very likely and probable that the rates will have to be increased for the Water Treatment Plant in the future but , if the in- crease went into effect next July, there would still be a full fiscal year for these rates to reflect the increase needed if the bids were let next fall . He thinks we should see a clear picture of this year 's reve- nues and the cost of water . Councilman Murray said the Finance Committee did not report on the Mayor ' s proposed resolution because they feel the Utility Fund should pay its own administrative costs . He said he would never vote to waive the administrative costs . Councilman Wallace concurred in this opinion. Councilman Hill expressed his views and believes that we should go to the Potomac as soon as possible . The present Census indicates that Leesburg has 2 ,000 more people than it had 10 years ago and he does not think waiting for a population increase is the thing to do . He said he has been told that, to put it off for two years , it will mean an 18 per cent increase in the cost and he doesn ' t believe the increase in popula- tion would offset this increase in cost. He thinks the rate increase is inevitable and should be done a little at a time , rather than all at one time . Mayor Rollins said that , when Mr. Wallace proposed the availability charge , he supported this , and the availability charges from Leesburg Country Club Subdivision should be $6 ,000 to $8 ,000 . He thinks we have revenues that will help the Town pt over the transitional period. He does not think we should tax the people for money that is not going to be spent . He thinks , also , that the Utility Fund should carry itself to a certain extent . Councilman Murray said he gathers that, according to the Mayor, we are not going to the Potomac for water . He feels this is something the Town needs and we should do it as soon as possible . Discussion continued between the Mayor , Councilman Murray and Councilman Wallace . Councilman Pumphrey said he cannot see any great urgency before December and he hopes we will hear something from the Federal Government by that time . He feels that we will get a Federal Grant . Councilman Howard asked if Mr . Ritter anticipates hearing any- thing from Mr. Williams about the Federal Grant . Mr. Ritter said Mr . Williams will call as soon as he knows something . He said he heard Mr. Snider , the head of HUD, make a talk about two months ago and he read a list of projects hoping to get Federal Grants all over the country. . He said very few would get any money , so Mr . Ritter said he is not very optimistic about getting any money this year. 227 MINUTES- OF SEPTEMBER 9, 1970 MEETING. Councilman Wallace again said that this year 's Budget was made up with the anticipated increase in revenues , not on the water supply prob- lem, and he does not think the Potomac River Project has anything to do with this increase. Motion was made by Councilman Howard, and seconded by Councilman Pumphrey , to table this motion until the next meeting . A roll call vote of 3 to 3 defeated this motion . A roll call vote on the original resolution was taken at this time and defeated the resolution by a vote of 3 to 3 , with Mayor Rollins and Councilmen Howard and Pumphrey voting against both motions . Mayor Rol- lins stated that , at the first indication that it is needed to get through this fiscal year, he will be the first to support it. 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 following appropriations be made : CD $18 . 11 - Johnson and Williams - Printing during April, May CD & June - Sewer Projects (1969 Bond Issue) . . 90 - Johnson & Williams - Printing during June - Po- tomac Water Project (1969 Bond Issue) . 98 . 29 - Greenhorne & O 'Mara - Program Design Report for month of July (General Fund - Planning & Zoning) . On motion of Councilman Pumphrey, seconded by Councilman Howard, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to advertise for bids for the construction of a Sanitary Sewer Line to serve Valley View Ave . off of Rt. 15 . The possibility of running the water line at the same time was discussed. Mr. Ritter said he had no idea what the bills would be, nor what the fi- nal cost might be , since there could be rock excavation to run up the cost . On motion of Councilman Howard, seconded by Councilman Hill, the resolution was amended to read "and water line" after "Sanitary Sewer Line . " The resolution, as amended, was then unanimously adopted by five (5) votes , with Mayor Rollins disqualifying himself since he is a resi- dent of the area involved. On motion of Councilman Pumphrey, seconded by Councilman Hill, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to have the roads at the new Sewage Treatment Plant surface treated, at a cost of $4 ,350 .00, which price includes the placing of plant mix on the .ramp at the rear of the Control Building , and BE IT FURTHER RESOLVED, that this expenditure be financed from the 1969 Bond Issue . After some discussion regarding the status of the 1969 Bond Issue Fund, the resolution was unanimously adopted. On motion of Councilman Howard, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to have Frank Marr plant 16 living shrubs in the planter in front of the Control Build- ing at the Sewage Treatment Plant , at a cost of $150 . 00, and BE IT FURTHER RESOLVED, that this expenditure be financed from the 1969 Bond Issue . -228 MINUTES OF SEPTEMBER 9, 1970 MEETING. On motion of Councilman Pumphrey, seconded by Councilman Hill, the following resolution was presented: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to purchase laboratory equipment for the Sewage Treatment Plant , at an approximate cost of $ 1,500, and BE IT FURTHER RESOLVED, that this expenditure be financed from the 1969 Bond Issue . Mr . Ritter explained that we now have a firm price of $1,464 . 82, which came in after the Agenda was made up. The above resolution was then withdrawn and the following offered by Councilman Wallace , seconded by Councilman Pumphrey and unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authroized to purchase laboratory equipment for the Sewage Treatment Plant, at a:- cost of $1,464.82 , and BE IT FURTHER RESOLVED, that this expenditure be financed from the 1969 Bond Issue . On motion of Councilman Wallace , seconded by Councilman Hill, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriation be made : $32 ,230 .66 - Tri-County Asphalt for work on Edwards Ferry Road Project . Streets-Capital Outlay. Mr . Bozel said that traffic will be put on the soft place right away, with the hope that it will clear up . 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 following Sections of the Code of the Munici- pality of Leesburg , Virginia , be waived for one day only, in connection with the Cart Mart to be held on October 3, 1970 : 13 -98 , 13-112 , 13-115 , 20-12 , 21-37 . Mayor Rollins said he understands that the Board of Supervisors today approved the payment of one-third of the cost of the land needed for the Hospital Road, and asked that this matter be taken up by the Utility Committee at its next meeting. On motion of Councilman Howard, seconded by Councilman Wallace, the meeting was adjourned at 9: 00 P.M. — ee/L.> Mayor Clerk o the Council