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HomeMy Public PortalAbout1971_02_24 218 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 24 , 1971. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun. Street , Leesburg , Virginia , on Feb- ruary 24, 1971 at 7 :30 P.M. The meeting was called to order by the Mayor , with the prayer by Councilman Howard. Those present were : Mayor Kenneth B . Rollins , Councilmen Frederick R. Howard, Walter F . Murray, Robert A. Orr, John W. Pumphrey and John A. Wallace , Jr. ; also Town Mana- ger James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman G . Dewey Hill. The Minutes of the meeting of February 10, 1971 were approved as written. Mr. Penn Whitescarver, a resident of White Place in Country Club Subdivision, addressed Council, asking that (1) the Planning Commissio be directed to deny all subdivision requests in the Leesburg Country Club and Leesburg Estates Subdivisions until the water pressure problems can be solved in this area , and (2) during such a 'moratorium, the Plan- ning Commission consider certain changes in Ordinances in three major areas , these being as follows : • (a) Erosion and sediment control. (b) R-1 zoning, as opposed to Agricultural zoning. (c) The water supply to this area . He said he has lived in this subdivision since May and the water pres- sure has always been low. He understands this problem will be solved, but it will take time, therefore , he requests denial of any further sub- division approval until the problem is taken care of. He also asked that the whole water supply in this area be 'considered at one time, that the standpipe proposed to be built in the future be built now and the pump station and the standpipe be put into operation at the same time , in order to avoid the necessity for the existing homes to have to in- . stall pressure regulators at a later date . He also elaborated on erosion and sediment control measures he felt necessary in this area , as well as the need for a physical barrier between the R-1 and agricultural area. In essence, he was asking for a moratorium on any further subdivision approval in this area until these problems are all solved. There was lengthy discussion regarding this problem by Council, with Town Manager Ritter explaining that the Agreement made in October 1968 calls for construction of a 275 ,000 gallon standpipe within five years , or upon the development of 157 lots , whichever occurs first, which would be Section I , plus Section II . There are 44 houses in Sec- tion I at this time . He said he is , frankly, more concerned about fire protection than he is about water pressure . The 100 feet of 8-inch water line to be built will take care of the pressure situation and this will be built as soon as materials arrive and weather permits , even though this is not a good time to put in a water line. Mr. Whitescarver said they are still digging foundations and building homes , meanwhile there is no solution. Erosion and sediment control were also discussed, but no action on the part of Council was taken at this time with regard to any of these problems . Mrs . W. Hugh Peal , representing the Leesburg Garden Club, spoke to Council with regard to the replacement of trees where it has been neces- sary to cut some down in Town for various reasons . The Club feels that, with the interest in ecology and beautification , they should bring this to the attention of the Council, with the hope that perhaps they could see their way clear to do something about this situation. Mrs . B. Powell Harrison spoke of the value of trees insofar as noise and heat control is concerned. She cited Dulles Airport, the Tyson 's Corner Shopping Center and the City of Falls Church as model areas . Also, she sug- gested that a committee be appointed from Council to confer with Mr. Otey and Mr. King regarding the possibility of saving trees and replacing them. Mr. Otey presented to Council booklets on Green Survival and the Environmental Crisis and suggested that it would be very easy for the Government to regulate tree planting programs , particularly in parking areas . Mayor Rollins expressed the Council ' s appreciation to the Garden Club for its work at the Town Office , this being a project of which the community is justly proud. He asked if anyone had contacted the owners 279 MINUTES OF FEBRUARY 24 , 1971 MEETING. of the A & P and other parking .areas . Mrs . Peal said she had talked with several people but , unfortunately, almost every inch of the parking lots at the A & P and in Virginia Village have been cemented. She suggested that there was space owned by the Town in front of the Safeway on S . King Street where small trees could be planted and they would like to seesome .along South Catoctin Circle . Since the Garden Club has only very moderate funds , they would not be in a position to put these trees in, however , she said her husband would be glad to give any trees he has that might be the right kind, if the Town could plant them. Councilman Orr suggested that they talk with the County and see if they would not be I interested in planting trees around the schools . Mayor Rollins said he believed they could plant the trees if the Club contributes them. Mrs . Moody presented the Honorary Membership for 1971 in the Chamber of Commerce and asked for permission to plant trees and/or flowers in the Town parking lot . This permission was granted verbally . She said the Boy Scouts are going to help with the care of these trees and/or plants this year. Town Manager Ritter reported the following : CO (1) A new Police Officer, Gregory Stocks , has been hired and will report for duty on March 15th . He has very good references and it is hoped to get him in Police Training School in Richmond in May. (2) Loudoun County has a new Fire Prevention Code, which has been C` drawn up by the new County Fire Marshal, and which will come up for Public Hearing next Tuesday , March 2nd. It has been given to Mr. Mc- Donald, the Town Fire Marshal, for his study. The Fire Department con- sidered it on Monday night and he understands they object to it on the basis that it puts too much power in the County Fire Marshal 's hands . Also , some of the local garages are complaining about it inasmuch as it would restrict them on welding and acetylene materials , etc . -Since we have our own Fire Marshal and a Fire Prevention Code , it is not known whether wewould automatically come under this , although this new Code I says all incorporated Towns do so . Apparently the Town Attorney questions this fact . Town Attorney George Martin said he does not think the Town of Lees- burg would be governed by this Code, since the Legislature , several years ago, said if a Town had no Ordinance, it would come under it. He takes the position that the County has no control over the Town. On motion of Councilman Murray , seconded by Councilman Howard, the following motion was offered: That the Town Manager advise the County of the opinions of the Town Attorney as to the effect the new Fire Code will have on residents of the Town of Leesburg, and that the Town Council would like to have these made known to the County at the time the Public Hearing is held. Mr. David McDonald, Fire Marshal, said he has always worked under the State Fire Code. He believes this new Code has been rewritten by the County Fire Marshal almost word for word from the State Code, with the .exception that he gives himself a little more power . Mr. McDonald said he had been asked to inspect the schools heretofore, however, these buildings belong to the County, so they, will be inspected by the County Fire Marshal from now on. Mayor Rollins expressed his opinion that we should work under the Town 's Code . Town Attorney Martin said the At- torney General will not give an opinion on this question, except that I the State controls public buildings . He believes the Town would have jurisdiction over private businesses and homes within the Town. Per- haps we should revise the Town 's Code, if necessary. He thinks we should tell the County that we have already adopted a Code by reference and that we do not believe the County Ordinance has any operative effect within the Town of Leesburg . He also said heunderstands that the County Fire Marshal has asked for a ruling from the Commonwealth ' s Attorney, but has never received one . He doesn t think the. County should say the Towns are under this County Code unless it has been thrashed out beforehand. The motion above was then unanimously adopted. 2M0 MINUTES OF FEBRUARY 24, 1971 MEETING. Ritter Town Manager/continued with his report, as follows : (3) He explained that, in 1968, the Council gave the Tourism Com- ' mission permission to use the two Town-owned buildings on Loudoun Street for the year 1968, with a $1.00 rental fee and the privilege of renew- ing same . In July, 1968 , we appropriated $3 ,000 for restoration of the log cabin to a ''silversmith shop. Apparently they have paid the $100 fee a couple of times since then, but it seems that some formal action should be taken on this . (4) Regarding the Supplemental Appropriation for Police Depart- ment Motor Vehicle Maintenance, this is running higher than last year. This is either due to the high cost of labor and materials , or per- haps because cars are not as good as they once were . (5) The design for the Hospital Road has been completed. The next step is to look for material to make the fill - we need some 3 ,000 yards . We believe we have found a place which will not be too long a haul and can probably get it for nothing . Councilman Orr said they will prob- ably have dirt to spare at the Hospital. Mr. Ritter said we have to get the land first . The Street Committee has decided on a design with a 10 ' median strip and two 20 ' lanes . • ' (6) We have just about completed the changes to the Town Code through 1969 and have only 1970 left to do. Councilman Wallace reported that he had talked with Executive Secre- tary Larry Brown about the condition of the old Hotel Building and he has indicated that the Town and the County will get together in the very near future to discuss this matter. He also indicated that it would cost • something like $20 ,000 to make it half-way decent and $50,000 to do a de- cent job on the building. Councilman Howard asked Mr. Ritter to look into the possibility of setting up a couple of portable swimming pools above ground, perhaps one on the old Sewer Plant property and one at Catoctin Elementary School , just what this would entail and how much it might cost. Councilman Pumphrey said a drainage problem at the corner of Ca- toctin Circle and Prospect Drive in front of the Yates property had been brought to his attention. Mr. Ritter said he and Mr . Bozel have already looked at this situation . The problem is in the gutter itself, perhaps it has settled, but it has been like this since it was built three or four years ago . The only way to correct it is to take it out and repour the whole section, which probably wouldn 't fit either the street or the sidewalk. It would be a very expensive job. The developer is no longer under Bond on this , so it wculd be up to the Town to do it . No cost has been figured on this , but it would be a strip about 75 feet long that would have to be taken up and rebuilt . Councilman Murray presented the Northern Virginia Comprehensive Law Enforcement Plan for the Town ' s use . He reported that seven (7) items have already been requested by the Town of Leesburg . Also, there is a request for $32,000 for a Title VIII Training Program, which would involve the training of elected officials , Planning Directors , etc . , and this would be funded through the Northern Virginia Community Colleges . These are two items that the Town of Leesburg can benefit from. Mayor Rollins asked why the resolution regarding the service charge • on water bills was not placed on the Agenda . Mr. Ritter said there is a legal question involved and we are not quite sure how to word it. The Mayor-also reported that Dr. Ellis had called him regarding the removal of branches , etc . by the Town Forces from the Babson property by coming in the back way off of North Street. Mr . Ritter explained that these items have been frozen to the ground and are too far away from the road as well. The men have been up there every Friday and Dr. Ellis calls every Friday . If he will move them closer to the road, the men will get them. 281 MINUTES OF FEBRUARY 24, 1971 MEETING. Mayor Rollins also asked if any determination has been made with regard to the sidewalks peeling off in various places . Mr. Ritter said that , insofar as that in front of the theater is concerned, this is no time of the year to be pouring concrete . What is in front of the Town Office was either poor workmanship or materials . Mr. Moody said that put in front of the Leesburg Restaurant was a good job and that he would like to be present the next time they pour concrete . He also said the only way to check the weights of the materials put into the concrete is to be there when it is delivered. Mr. Ritter said the only way to have abso- lute control would be to have a man at the Plant when it is measured out . U He also said the only way to really be sure of a good job is to contract it out . Mayor Rollins asked that this work be thoroughly checked in the future . On motion of Councilman Pumphrey, seconded by Councilman Howard, the following resolution was placed on the floor for discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg, that Sewer Application of John Wallace to serve the old Lees- burg Airport property on Edwards Ferry Road be approved, in accordance with Construction Plans prepared by DeLashmutt As- `.SD sociates , which plans show a proposed 18" sewer line from Man- O hole #1 at Rt . 7 to Manhole #6 , approximately 600 ' south of Edwards Ferry Road, provided that the plans show the following information : (1) The 18" asbestos-cement pipe with depth of fill to invert over 8 ' is to be Class 3300 pipe . (2) - Aote that the contractor is to check with the Director of Public Works to get a copy of the Town 's current con- struction specifications before starting work: (3) Each sheet to be affixed with a Virginia Certified Pro- fessional Engineer 's Seal, and BE IT FURTHER RESOLVED, that approval of the Sewer 'Application and Plans is subject to : (1) Approval of Application and Plans for extension of the sewer line from Manhole #6 to Edwards Ferry Road. (2) A decision as to how the sewer line from Manhole #1 de- scribed above to the Tuscarora Interceptor will be fi- nanced . Councilman Pumphrey asked Mr . William Chamberlin, representing Mr. Wal- lace, if he could comply with this resolution . Mr . Chamberlin said he has already complied with Items 1, 2 and 3 under the first part of the resolution and the first part of the second section can be done as soon as the plans are finalized for the Apartment Project . With regard to the financing of the Sewer Line from Route 7 to the Tuscarora Interceptor, he does not see how the Town can make the developer put this line in this far. He thinks the Town will have to stand this cost and then be reimbursed from availability charges . Some preliminary investigation on his part shows that a portion of the present line is adequate to serve this particular development , but not the whole watershed. Mr. Ritter ex- plained the size of the line as it goes from one size into another all the way to the Interceptor, and said the approximate cost of building this line would be $78,000. It was pointed out by several Council meme• bers that , if the Town is responsible for this , it would then be re- • _ sponsible for this same type of thing in several other areas of Town. Mr. Chamberlin suggested that each section could be built as the propetty is developed and the developers would pay their share through availability charges at that time . Mr. Paul Bradshaw, developer, addressed Council , stating that he did not think it fair to expect the developer to put in all these lines and then turn them over to the Town. He believed the same sewer lines serve all the people in Town, not just the new home- owners , and they could not be expected to bear all the burden of these new lines . He believes the expense of these lines should be shared by all. Councilman Murray stated that the cost of any house is based on 282 MINUTES OF FEBRUARY 24 , 1971 MEETING. the utilities that are available . Mr. Moody said it would be poor engi- neering design to enlarge this line part of it at a time . Mr. Chamber- lin suggested that the whole line be designed and he believed some equi- table formula can easily be worked out . Mr . Moody said they are working on a policy statement regarding this now. Mr. Chamberlin assured Coun- cil that the sewer line will go all the way to Edwards Ferry Road and, if he can receive approval of this application tonight , then it can be submitted to the Planning Commission and to the next Council meeting for final approval , so that they might go ahead with letting bids . On motion of Councilman Orr, seconded by Councilman Murray, Council voted unanimously, with Councilman Wallace disqualifying himself, to delete the last paragraph of the resolution. The resolution , as amended, was then unanimously adopted, with Councilman Wallace disqualifying. On motion of Councilman Howard, seconded by Councilman Murray, the following resolution was offered: BE IT RESOLVED by the Council that the attorneys representing the Town in the Potter 's Field case , pending in the Circuit Court for Loudoun County , Chancery No. 3037 , be and they are hereby authorized to compromise said litigation on the follow- ing terms : 1. Entry of a Decree approved by all opposing counsel, which provides as follows : 1. Confirms fee simple title in and to the area contain- ing 34 ,733 •square feet in the Town of Leesburg, as shown on plat of Walter L. Phillips , C .L.S. 2 . Confirms fee simple title to Defendants in and to the areas shown on said plat claimed by Defendants, free of its use as burial ground without payment therefor by Defendants . • 3 . Sale of the 34 ,733 square feet by the Court through Commissioners of Sale for cash or terms , at the op- tion of the Town of Leesburg . - 4 . Use of proceeds by the Town for other public purpose other than a burial ground. 5'. That the County of Loudoun has no interest in said Potter 's Field and is not entitled to any of the pro- ceeds realized from any sale thereof: This matter was discussed and Town Attorney George Martin pointed out that, by adoption of this resolution, the Town would be giving up the land occupied by the Bank and the old State Buildings without any pay- ment . He also pointed out that there would be still another hurdle as to whether the Town could sell this land that has been approved for a chari- table purpose . The Court might approve this , however, the Town would be giving up the Bank and the State land that we might get some compensa- tion for if we should win the suit . This would merely accomplish a quick conclusion to the suit , especially since no date has been set for the case . Mayor Rollins believed we should try for the whole piece of land unless we would get a good offer to purchase, and Town Attorney Martin agreed with this . On motion of Councilman Wallace , seconded by Council- man Murray, it was voted unanimously to table this matter. Councilman Orr left the meeting at this time . Mayor Rollins said he ordered flowers for Mr. Roscoe Rhoads ' funeral . With there being no objection, these will be paid for out of Miscellaneous Appropriation. He turned over for the record a note of appreciation from Mrs . Rhoads . On motion of Councilman Pumphrey, seconded by Councilman Howard, the following resolution was offered : • 283 MINUTES OF FEBRUARY 24, 1971 MEETING. WHEREAS , Judge Snead issued an order in December, 1961, di- . recting that Building Permits in the one-mile area outside the Corporate Limits be issued by the Zoning Administrator for the Town of Leesburg , and WHEREAS , this order conflicts with the State Code , which pro- vides for County handling of Zoning up to the Corporate Limit line, and WHEREAS , Zoning requirements control use of land and permits 111 must be issuedprior to the issuance of Building Permits , and WHEREAS , the Town Council recognizes the fact that Loudoun County has complete control of Zoning outside the Corporate Limits , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Zoning Administrator of the Town of Leesburg and the Town Attorney be directed to attempt to resolve the problem of Zoning Permit issuance outside the Corporate Limits . CD Mr. Forbes explained the background concerning how the Court Order origi- rm p nated and that the County has always had control over zoning outside the corporate limits , but the Town has control over subdivisions within a one-mile jurisdiction and issues building permits within this area . He feels that the County should issue Zoning Certificates within this one- mile jurisdiction in accordance with the use for which the land is zoned, thereby leaving only the subdivision control with the Town. Councilman Howard said the joint meeting held between Town and County authorities did not accomplish anything and he believes this is a technical problem that can be worked out between County authorities and Mr. Martin and Mr. Forbes - it is just a matter of working out the details . He also sug- gested that the Town should have subdivision jurisdiction over a two- mile area outside the corporate limits . It was suggested that Mr. Mar- tin 'should look into this to see what would be necessary to have the Court Order changed and report back to Council before they proceed any further. Discussion continued on this problem for quite some while, after which Council unanimously adopted the above resolution. 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 two (2) Town-owned buildings currently used by the Chamber of Commerce for a Museum be continued at the cost of $1 .00 per year, so long as they are used for this purpose, or until such time as their use may be required by the Town for other purposes . Mrs . Moody said that the rent has been paid for 1969 and 1970 and she will pay it for 1971 tomorrow. The $3 ,000 is in the Bank in a Certificate of Deposit. The Chamber has approached Mr. Mussolino , who is going to donate the architectural drawings for the building between the log cabin and the Museum and then these plans will be submitted to the Council . She reported that the Chamber is getting increasingly more and more visi- tors and inquiries and they hear nothing but nice comments about the Museum . They now have a very fine collection of old fans on display in the Museum. The Chamber pays the insurance on these buildings . The above resolution was then unanimously adopted. 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 following appropriations be made : $1,000.00 - Supplemental Appropriation for Police Dept . Motor Vehicle Maintenance . 1,000.00 - Supplemental Appropriation - Laboratory Equipment for Sewer Plant . 1969 Bond Issue . 284. MINUTES OF FEBRUARY 24 , 1971 MEETING. - Councilman Howard asked if we were paid the availability charges fortheJohn Wright apartments . Mr. Ritter said they have all been paid. The question was also asked if the County did not buy their Police Cars from an individual, rather than through the State . This was not carried any further. Town Attorney Martin called attention to the trash that has col- lected along the fence line along Loudoun Street between Market Street and Harrison Street . He suggested that the Town Forces clean this up and either keep it cleaned or place a trash receptacle in this area, and in other areas as well. On motion of Councilman Murray , seconded by Councilman Wallace, the meeting was adjourned at 10 :05 P.M. . • S fit Mayor {the// - Cletof Council • • 1 1 Mrs. Roses 13cntz Rhoads Q / ff12--r, t/««1 i 1 E o 4:,._, 1-VAA Ffr tt_T-'cc.J-t Zo / !/ , �7 -�- Gam_ LC 42- Jam- •17/ J%7/ "/°/mit' Y 9