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HomeMy Public PortalAbout1971_08_25 19. MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 25, 1971. ' A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on August 25, 1971 at 7 :30 P.M. The meeting was called to order by the Mayor, with the prayer being offered by Town Manager Ritter. Those present were : Mayor Kenneth B. Rollins, Councilmen G. Dewey Hill, Walter F. Murray, Robert A. Orr, John W. Pumphrey, C. Terry Titus and John A. Wallace, Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. • The Minutes of the meeting of August 11, 1971 were approved with II one correction, that being on Page 2, the sixth paragraph. Councilman Wallace corrected this to read that it was "Mayor Rollins" who called at= tention to the low manhole at Valley View and Davis Ave. Mayor Rollins said that the Town has received a "high priority" status on our Federal Grant for the Potomac River Project and he believes it has been referred to HUD. Mr. John R. Williams of Johnson and Williams - was present to answer questions and report on this project. Councilman - Murray asked if the establishment of a local office will affect our appli- cation in any way. Mr. Williams said he had called Philadelphia today ger to see just where the Town 's application should be submitted. They seemed C to think it a good idea to continue with the Philadelphia office until such time as they transfer jurisdictional authority to the Washington regional. office. He said these applications are usually long drawn out • procedures and it is not known when we can expect financial assistance, however, he feels it necessary to establish "high priority" on this project. HUD has basically lessened the total number of points needed to be eligible for such a Grant. If you have any points at all, you stand in line . for assistance, but your chances are very slim unless you have a good many points. He mid,_ they -think they now have 25 out of 30 points and HUD today seemed t , s• this would assure the Town of getting a Grant if funds are available at the time. He said a lot depends upon . the situation at the time the application is actually considered and he believed a letter from the Governor's Office would help considerably in pushing this along. He submitted to the Town Manager a suggested letter IIto be sent to HUD, which would bring the Town up to 25 points. He did not think there was any chance of getting the other 5 points. As to the sale of the bonds, Mr. Williams said if the Town funds this project, they are slamming the door on any chance of- a Federal Grant. This Grant would be about $750,000 and he feels that the bonds would - probably sell a little better if the Town can get this $750,000 Grant. • This would also make the rate structure much more appealing. . He believes this suggested letter should be sent in, then follow it up with a phone call in a couple of weeks. Mr. Ritter said the Town needs the plans for the condemnation suit. Mr. Williams said he believed they had given them everything except the elevation drawings. He asked the Town Attorney if he thought they could get away with a planned view, rather than showing exact ele- vations - if these elevations were changed at a later date, this could cause some problems insofar as the condemnation suit is concerned. Mr. Williams asked for a copy of the Code reference concerning this require- ment. Mr. Ritter also asked if they are doing any work on the financial report necessary to sell the bonds. Mr. Williams said they are not be- cause it would be severely changed if this proposed letter is submitted. He would like to see the Town hold both the financial report and the I plans in abeyance for a couple of weeks. He thinks that after we estab- lish the financial priority, then would be the time to make a trip to Philadelphia; then perhaps the Town. could go ahead and sell the bonds. . Mr. Moody asked about the water storage tank on Mrs. Carr's property. It was suggested that this wait until they get to work on- the storm sewer easements. Mayor Rollins asked if there has been any suggestion for an alternate- location to put the storage tank. Mr. Moody said there was one . a little lower in front of her. Mr. Pumphrey said this was discussed at the last Committee meeting and it was suggested that they pick three (3) sites and, if she doesn 't pick one of- these,- then the Town will pick one and condemn the land for it.- . 20 . MINUTES- OF AUGUST 25 , 1971 MEETING. Mayor Rollins asked Mr. Williams if the plan is to design this fa- cility. for 1.5 million gallons . Mr. Williams said. Yes . Mayor Rollins . said he understood that33r,million gallons could be produced without in- creasing the plant capacity. Mr. Williams said he believes this can be . done by more working hours. He said he thinks we should get the program moving in the spring - by the time we. get the. condemnation through, the • plans ready and. the. financing arranged, spring should be a good time to open bids . He said The Fairfax Water Authority has already spent $200,000 to acquire land and they have not submitted their application yet to get water from the Potomac . Leesburg is way ahead on this . He -does think we should. make this one last effort though to get a Federal Grant. Town Manager Ritter reported the following : (1) The erection of 20 - 42,000 lumen sodium vapor lights to take the place of the 10,000 lumen ones on King Street and Market Street has been considered by the Street Committee. This would cost $1,100 more per year than what we are now paying. We had set up $2,000 in the Budget for additional lighting costs . VEPCO is still studying the lighting situa- tion in the Parking Lot. He believes some of the. existing lights can be removed by increasing the lumen of others . It takes several months to get these lights . Councilman Orr asked if the lights on Dry Mill Road can be turned around so that they will light over the sidewalks , par- ticularly since school will be opening and so many children walk along • this way. Mr. Ritter said VEPCO is supposed to move these poles back. (2) Dewberry, Nealon and Davis made three studies of the Dry Mill Sanitary Sewer situation. The first one would extend from the existing line at the Wright apartments straight through to serve Anne Street and Wage Drive. The second study encompasses a. little larger area and would include some additional area, but not a sufficient area. The third study would follow the Tuscarora Creek all the way through the golf course and up Dry Mill Road and does what the Committee believes is a good job. (3) The present method we are using in charging developers for checking plans is not satisfactory and is not equitable. This method was recommended by Dewberry, Nealon and Davis and patterned after Fair- fax County , however, they have now discontinued this method. It is felt that the fairest way to make this charge would be based on the actual cost of checking the plans, which would include the consultant 's fee. (4) Regarding the appropriation for curb, gutter and sidewalk, we had. $5,000 in the Budget last year that was not appropriated nor spent. (5) On Item 5 on the Agenda, this change merely adds the word "dommercial" to the present Ordinance. (6) He was in Richmond the other day and talked with Lonny. Bolton, Urban Engineer for the State, to see when the southwest quadrant of the By-Pass might be built. He. said it would be early 1974 before it goes out to bid, so we have another five years to live with our- traffic situ- . ation. ' We are making a cost study of making two additional lanes on the east end to Loudoun Street and hope to have it ready for the next Com- mittee meeting. (7) He met with Mr. Butt,oSuperintendent of Schools, the other day with regard to the schools paying for sewer service . He is going to check on this ; but the Town feels they should be paying for this service, which amounts to approximately $1,500 per year. (8) Leonard Parker has been notified that he has 30 days to move . the junk cars from his property. He still has two weeks to go. (9) A new pump has been received for the Pump Station. on Route 15, which should do a better job. (10) He talked,with. the State Treasurer in Richmond concerning the sale of the 1.5 million dollar bonds . Both the Treasurer and Reed, Hoyt, Washburn & McCarthy feel we should get another Moody rating, but they will need a copy of our last_Audit, which we should receive about September 15th. The cost of this Moody rating will be about $700 to $1,000. The cost of the five projects Dewberry, Nealon and Davis has been working on would amount to $310,100 in General Obligation Bonds and $482,800 in Revenue Bonds , for a total of $792 ,900. 2.1 MINUTES OF AUGUST 25 , 1971 MEETING. - • (11) Two of our Police Officers recently completed five-week train- ing courses in Richmond. Greg Stocks attended the first school, which is primarily designed for new recruits, and Howard Willis attended the second one , which is devoted to more experienced officers . Both men received good grades. We always send new men to this school, it is well worth it, it is only $140 for the five-week course. (12) We lost Gene Keyes as a Sewer Plant Operator recently. He has gone to work in the Sheriff 's Office and is realizing a life-long ambition. He is being replaced by an operator from the Fairfax County Sewer Plant, who is to go to work on September 1st. (13) The site plans on the Leesburg Village Association 156 apart- ments on Edwards Ferry Road have been approved - they finally came through with plans that the Town feels are satisfactory. They plan to start con- . struction very soon. (14) The Town is studying a proposal by Mother Goose, Inc. , which corporation is planning to put in a• motel at Goose Creek Country Club. They have now presented a study by Walter Phillips and want to build a pump station and a force main, which would serve the Country Club and the Harper property. They are willing to pay .the full cost. This is under stddy and the Committee will be advised. w " Mayor Rollins asked the status of the Hospital Road. . Mr. Ritter said G we have the problem of denuding the vegetation up there and are getting a price from Perry Engineering to Oo this, then we will call Mr. Brown and Mr. Altizer .to see if they wilFaihe .his:" They have both said they will donate the right-of-way to the Hospital if we will build the street grade up to the present elevation .. This has to be worked -out. They wanted water and sewer taps , but he said he reminded them that we would be put- ing in a new 12-inch sewer line . There was some talk about putting a motel in this location. Mr. Forbes explained that a motel or an office building would not be allowed in this area and cited the structures that could be built here. Mr. Ritter said they also asked for a cross-over half way between the two streets and he told them this could be worked out. Councilman Wallace reported that the Finance Committee discussed the $2 ,500 recommended by the Street Committee for engineering fees on Route 7 , but the Finance Committee wants to wait to see how much the project would cost, therefore, this is not on the Agenda. - Councilman Titus said he and Mr. Ritter attended a meeting on the Environmental .Protection Agency report. He said the Town could conceivably lose its sanitary sewer and water facilities because of this study- and he would like to see the Town .take a stand on this, either by -letter from the Mayor or resolution from the proper authorities. Mr. Titus asked Mr. Forbes if there is anything new on the Master Plan study. Mr. Forbes said they have changed their t ' A,�0 accordance with what the Planning Commission desired and he does n7whether they have definitely made application for Grant or not.- It does not have to be in until the end of next month. Mr. Titus asked Town Attorney Martin for his comments on the English Construction Company penalty. Mr. Martin said he has not had time to in- vestigate whether they have good cause.. - - . In answer to Mr. Titus ' question about applicants -for a Director of Public Works, Mr. Ritter reportedthat he is putting an ad in the October issue of Town and City Magazine. Mr. Titus called attention to posters on poles on Loudoun and Royal Streets advertising somekind of dance, which should be removed. Also, he said the Telephone Company Pole at the corner .of Rock Springs Subdivision has not been moved since the curb and gutter has been constructed. Mr. Ritter said they have been notified about this. Mayor Rollins stated that he believed the Council should .act by reso- lution regarding the Town 's position on -the EPA plan 'and send it to our . Congressmen. . - 22' MINUTES OF AUGUST 25, 1971 MEETING. 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 VEPCO .be authorized to replace the existing 10,000 lumen street lights on King .Street between Loudoun Street and Corn- wall Street, and on Market Street between Wirt Street and . Church Street,:.making a total of 20 lights, ,with 42,000 lu- men men street lights . This resolution was discussed .at length, with the final decision that, if these 20 lights prove too bright, part of them could be moved to - other. locations.. On motion of Councilman Titus , seconded by. Councilman Orr, :Council votedunanimously to amend the resolution by. adding after "20 lights, " the. words "and one located in the alley behind Leesburg Hardware, " The resolution, as amended, was then unanimously adopted. .On _motion .of Councilman Pumphrey, ! seconded by. Councilman Titus, the . following resolution was unanimously adopted: WHEREAS; Dewberry,.:Nealon & :Davis, Consulting Engineers for the Town of Leesburg, have .prepared a Sanitary .Sewer Study to serve the Dry Mill Area, and' , . • WHEREAS, this study consists of three (3) separate routes, identified as follows : (1) Town 's Temp. Plan-Alt. 1 $ 59,200 (2) Myers-Bartlett Temp. Plan-Alt.. 2 75 ,400 (3) Engineers acid Town Recommended Plan- Alt. 3 129,700 - and WHEREAS, it has been determined that Alternates 1 and 2 will serve a limited area, while Alternate #3 will serve the entire watershed, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the• Town of Leesburg, that Alternate #3 be adopted. . Financing of this project was discussed, with Mr. Ritter stating that a good portion of this cost will be recouped. Mayor Rollins said all of this will have to be General Obligation Bonds. Mr. Titus suggested that a portion of it be on a short-term basis . On motion of Councilman Pumphrey, seconded by Councilman Orr, the following resolution was presented: WHEREAS, the Town Council of the Town of Leesburg, at its meet- ing on August 28, 1968, adopted a schedule of fees to be charged developers for checking site plans and subdivision plans, and WHEREAS, it has been determined that a more equitable method would be to charge developers the actual cost to the Town of performing this service.. NOW, THEREFORE, BE IT' RESOLVED by the Town Council of the Towi of Leesburg, that any person, firm or corporation who presents a site plan or subdivision plans to the Town of Leesburg for approval, shall pay to the Treasurer of the Town of Leesburg the cost of checking the plans, after such cost has been determined, and prior to authorization to proceed with construction. This matter wapugitEussed at length, with emphasis being placed on how much the Director oflWoiiccs is worth per hour. Mr. Ritter pointed out that this is not in the Subdivision Ordinance. Town Attorney Martin said he believed the Subdivision Ordinance should be amended to Incorporate this. On mo- tion of Councilman Wallace, seconded by Councilman Orr, Council voted unanimously to table this matter. 2.h • MINUTES OF AUGUST 25, 1971 MEETING. On motion of Councilman Orr, seconded by Councilman Murray, the fol- lowing resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg', that $4,500 be appropriated for curb and gutter and sidewalk construction. • • On motion of Councilman Pumphrey, seconded by Councilman Hill, the following Ordinance was offered : • II BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 13-104. 1 of the Town Code be amended to conform with State Code Sec. 15. 1-11. 1, which would include the removal of inoperative cars from commercial property, and would read as follows : • Sec . 13-104.1 - Unlawful to park inoperative cars on property zoned for residential or commercial purposes . It shall be unlawful for any person, firm or corporation IP to keep, except within a fully enclosed building or structure, 0 on any property located within the corporate limits of the Town of Leesburg zoned for residential or commercial purposes, any P. A automobile, or automobiles, the condition of which is such that AA it is economically impractical to make it (them) operative, and any person, firm or corporation violating this Ordinance shall be fined not less than $25.00; nor more than $500.00, for each day that such automobile, or automobiles , is (are) kept on any property so located and so defined. On motion of Councilman Titus, seconded by Councilman Wallace, the fol- lowing amendment was offered, following the word "operative" in the sixth line : "and any person, firm or corporation violating this Ordi- nance will be notified by registered mail by the Town Manager of the II Town of Leesburg, and will be given 30 days after receipt of such no- tification to remove such vehicles from the Town of Leesburg. or to render them operative, such person, firm or corporation violating this Ordinance shall be fined not less than $25.00, nor more than $500.00, for each vehicle per day that such vehicle is not removed or rendered operable after such notification. " Town Attorney Martin said there would be a problem as to whom you would give notice, as well as other problems ; also he emphasized the fact that this would be getting away from the State Code. Mr. Ritter said he knows of no Ordinance that states that the owners must be notified by registered mail. . The amend- ment was then unanimously defeated and the Ordinance, as originally pre- sented, was unanimously. adopted. Councilman Pumphrey asked about the Yates storm drainage problem. Mr. Moody said he went' over this with Mr. Bozel today and they hope to get to it by Monday . Councilman Titus asked approximately what it would cost to remove the vegetation from the Phillips property. ' Mr. Ritter said he would esti- mate this at between $200 and $300 - they would stock the vegetation and put it back on top of the fill. " On motion of Councilman Murray, seconded by Councilman Wallace, the meeting was adjourned at 9: 10 P.M. II -,..„:„...-tykya- /g 4d�J Mayor A of t e Council -