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HomeMy Public PortalAbout1971_09_08 24 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 8, 1971. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West . Loudoun Street, Leesburg, Virginia , on Sep- tember 8, 1971 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman Pumphrey offering the prayer. 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 25, 1971 were: approved as written. Town Manager. James W. Ritter reported. the:following : (1) The item on the Agenda regarding water and .sewer connections for the 198 apartments on Fort Evans Road is for Council 's consideration, it has not been to Committee. At the meeting on August 11th, we told them they could have these 198 connections with certain provisions. Now they want 'assurance. before they -start construction. - (2) Item 2 on the Agenda regarding fees to be charged subdividers and developers for checking plans does not change the amount, it merely , requires the developer to pay. one-half of the estimated cost at the time " the plans are submitted.. (3) The elimination of the mercury seals at the Sewer Plant is a must. Johnson and Williams has made a study of this and composed a letter to the State Water Control Board, stating' that, it is' highly unlikely that the mercury would escape. However, ' the Water Control Board came back with a letter stating' that this must be done. The Environmental Protec- tion Agency has ordered all' States to eliminate mercury seals in Sewage Treatment Plants and thisis to be done as quicklyaspossible. They had set a .deadline of June 30th but, in certain cases , this could not be .. done . The Water Control Board pointed out that no substantial effort has been made to eliminate this program, so we have to keep them posted and give them a. letter by October ,lst as to just what we plan to do. (4) , The item on the Agenda to purchase a truck for the Street Department has not been to Committee either, however, we had $4,500 in last year's Budget' foi a truck but it was never bought. He explained- that they have begun recently to draw 'sludge from the Sewer Plant and have to take a truck from the Street Department for this purpose. An appropria- tion for this new truck should have been in this year ' s Budget, however, he had hoped to get by this year by using the old 1964 Fort flat-bed truck. However, this truck won ' t work, it is too large' to get in to catch the sludge and the sludge is not in a dry state, as he had thought it would be. It is liquid so takes a water-tight truck. International has exactly the type of truck we need. The list price is $4, 136 .00 , but' they would give the Town a discount of $850, making the price $3,441.63. A bid on a comparable truck from Ford would be $4,053, with no discount. (5) The urban project in Item 9 on the Agenda was discussed by him and Mayor Rollins last week and they can see the need for two more lanes on Rt. 15 . He called Mr. Bolton from the Highway Department to see if it would be possible to' extend English Construction Company 's contract up to Catoctin Circle. Mr. Bolton said this is not within the limits of the contract and cannot be done , it would have to be set up as an urban proj - ect. (6) The street sweeper is on its way, it left California on the 30th of August and should be here any day Mayor Rollins said he had asked the Board of Supervisors to post- . pone 'any •action on the report from the Planning Commission regarding th Town 's request for 2-mile subdivision jurisdiction until the last meeting this month in order to give the Town a chance to prepare its case against this report. The Board granted this: He asked Councilmen Murray, Titus and Hill to appear at the next Board meeting on September 21st to present the Town 's case on this report and suggested that they ask Mr. Forbes to help them with this report. 29: MINUTES OF SEPTEMBER 8, 1971 MEETING. Councilman Hill called attention to the fact that commercial air- craft are being flown over the Town more and more and at low altitudes . This matter was discussed and Town Manager Ritter was asked to look into this with the Federal Aviation Agency. Councilman Wallace expressed his concern over the number of items on the Agenda that have not been to either Committee first. Mayor Rol- lins explained that the Rules of Council are that, if' these items did not go through Committee, there must be unanimous consent for them to be considered at this time. Councilman Titus asked the following questions: • (1) What has Johnson and Williams done on the Federal Grant? Mr. Ritter said they are waiting to hear from HUD. (2) Have the street lights been ordered? Mr. Ritter said it takes six to eight weeks to get them, but they have been ordered. (3) He understands the 30 days are up on the letter to Mr. Parker regarding the junk cars . Mr. Ritter said they are. C (4) What has happened regarding the penalty on English Construction Company? Town Attorney Martin said he does not think we can go beyond $45:;per.day, as set forth in the contract. (5) Has there been any contact with Brown and Altizer on the Hos- pital Road? Mr. Rittersaid they have not answered the letter sent them, which letter was prepared by the Town Attorney and him. Colonel Valentine said that the contractor said he will move the vegetation for nothing, but he cannot believe this . (6) When is the Town going to do something about the Fisher storm sewer? Mr. Ritter said it will be done after they finish with the Yates problem. Councilman Titus commented that he agrees with Councilman Wallace to a certain extent regarding the Agenda. Also, he believes Council should set up priorities insofar as public works and improvement problems are concerned. He has discussed this insofar as curb and gutter projects are concerned and he would like to get some idea of which areas should be ' taken care of first. • Councilman' Pumphrey asked where they are hauling the sludge from the Sewer Plant. Mr. Ritter said they are putting it next to the Sewer Plant and spreading it out on the ground. It is on our property, there is no odor and it attracts no' flies . He does not know whether the Health Department would approve it and they do not know it, but it is on our property and he can see no objection. Councilman Hill explained that is is very inert and only one inch deep and the run-off is very slight. Councilman Orr commented that' this is used as fertilizer by some people. Councilman Pumphrey said he believed we should check with the Health De- partment on this . This was discussed further, but no action taken. There being no objection to considering the resolution below- at this time , on motion of Councilman Wallace , seconded by. Councilman Pumphrey, the following resolution was offered: WHEREAS, a resolution was adopted on August 11, 1971, certifying to the Community Housing & Research Corp. that water and sewer is available to serve 198 proposed apartments on Fort Evans Road, adjacent to Fort Evans Gardens Apartments , with certain provisions, and WHEREAS, it now appears that the above Corporation wants to be assured before they start construction that water and sewer will be available upon completion of the 198 apartment units , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that water and sewer will be available upon comple- tion of the 198 apartments, provided Community Housing & Re- search Corp. agrees to the following : • MINUTES OF SEPTEMBER 8, 1971 MEETING. (1) That the 198 apartment complex is completed and ready for occupancy by January 1, 1974. (2) That they pay their share of cost of the "Douglass Relief Sewer, " and any, costs applicable to off-site storm sewer, prior to site plan approval: Mr. Sam Engle, representing Community Housing & Research Corp. , explained that the purpose and need for this assurance is so that they can go to a lending institution. These institutions will not lend money until they know that water and sewer is available . He' said there was no time lim- it when they first requested this and now the Council is setting a time limit to protect the Town. This matter was discussed, with Councilman Titus expressing concern that this might be setting a precedent. The resolution was then unanimously adopted. On motion of Councilman Titus, seconded by Councilman Pumphrey, the following resolution was offered: WHEREAS, the Town Council, at its meeting on August 28, 1968; adopted a resolution setting forth a schedule of fees to be charged subdividers and developers for' checking subdivision and site plans, NOW, THEREFORE, BE IT RESOLVED by the Town Council of 'the Town of Leesburg, that this resolution be amended by adding' the words : NOW, THEREFORE, BE IT FURTHER RESOLVED, that a minimum of fifty per cent (50%) of the estimated fee will be paid to the Treas- urer of' the Town of Leesburg at the time of submission of the subdivision plan or site plan, and the balance will be paid prior to the approval of the plans . The estimated fee shall be computed on such forms as may be prescribed by the Town of Leesburg. Mr. Ritter explained that they would be using the same standards as those used at the present time. The forms are not available yet, they are still working on them. They will enable the engineers to show the quantities and make it' very simple for the Town to figure the fee. On motion of Councilman Wallace, seconded by Councilman Pumphrey, Council voted unanimously to amend the above resolution by adding' the word "non- refundable" before "minimum" in the last paragraph. The resolution, as amended, was then unanimously adopted. Councilman Wallace suggested that the forms be pre-numbered for the Treasurer 's check, but no action was taken regarding this . On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Performance Bond on Sec . 1, Rock Spring Subdivision, be released, all physical improvements having been completed satisfactorily. Mr. Ritter said that VEPCO has presented a rough plan to move the poles on Dry Mill Road. They plan to come up the W. & O.D. right-of-way to Dry Mill Road, and then up Dry. Mill Road to Valley View Ave. with new poles . There being no objection to considering the resolution below, on motion of Councilman Wallace, seconded by Councilman Hill, the follow- ing resolution was unanimously adopted: WHEREAS, an appropriation was made in the amount of $220 for Town of Leesburg s membership dues in the Virginia Municipal League, and WHEREAS, the League has adjusted the dues to 1970 Census fig- ures for period 10/1/71 through 9/30/72 to $294.00, _ NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that a supplemental appropriation be made in the amount of $74.00. MINUTES OF SEPTEMBER 8, 1971 MEETING. On motion of Councilman Pumphrey, seconded by Councilman Hill, the following resolution was offered : . WHEREAS, the Town Council of the Town of Leesburg has noted that the Environmental Protection Agency has prepared, pur- suant to Section 704 of the District of Columbia Revenue Act of 1970 (PL91-650) , a study entitled NATIONAL CAPITAL REGION WATER AND WASTE MANAGEMENT REPORT, and WHEREAS, the said report surveys and makes recommendations on water pollution, cater resources, provisions for water, sewer and solid wastes , and established criteria for their control, and WHEREAS , the Town Council of the Town of Leesburg recognizes the problems and needs of the Nation ' s Capital and its urban surroundings in the aforementioned report, and WHEREAS, local governing bodies in the Washington Metropoli- tan area are doing an adequate, and indeed commendable , job IP of providing water supplies , sewerage treatment facilities 0 and sanitary landfills for their residents , and WHEREAS, the implementation of the recommendations contained G in this report would ultimately result in the elimination of A local authority and control over planning and zoning, and WHEREAS, the problem which currently exists at the Blue Plains Sewerage Treatment Plant is a result of poor planning and an excessive amount of sewerage flowing into this Plant from the suburbs, and is a problem which should be resolved by the Dis- trict of Columbia and the Federal Government• by requiring the construction of additional sewerage treatment plants in the Potomac River. Basin, and WHEREAS, the Town of Leesburg has in the past, is now and will continue to provide , upgrade and construct better facilities and services in the categories discussed in . the report, and WHEREAS, the Town Council of the Town of Leesburg believes that, if this report is implemented, it will create a dissolution of the Town of Leesburg 's political independence, and will do ir- reparable economic damage to the entity, its citizens and its surroundings , NOW, THEREFORE, BE IT RESOLVED that the Town Council of the .Town of Leesburg is unanimously opposed to this report and its findings, and that immediate action be taken . to dissuade any person from its use, and that measures be taken to provide the services mentioned in the report on an entirely local level. Councilman Murray said that the Northern Virginia Planning .District Com- mission has received a copy of the Report by the Falls Church Advisory • Committee on the Potomac River Basin, as well as a copy of a Resolution adopted by the Falls Church Council on the Report of the Environmental Protection Agency. He read to Council the resolution adopted by Falls Church, as well as a resolution adopted by the Northern Virginia Planning District Commission) to the effect that it will develop the interim region- al water quality management plans for the Planning District due to the State Water Control Board by November 1, 1971. Heralso reported that the Governor has requested that all requests for Federal Grants be channeled through the Planning District Commissions from now on, rather than through COG. Mr. Murray reported on items taken up at the last meeting of the Planning District Commission, as well as plans for the next year. The above resolution •was then unanimously adopted. There was some discussion regarding the southwest segment of the By- Pass, with Mayor Rollins expressing his opinion that it would be well for a member of the Board of Supervisors to express the feelings of Leesburg and Loudoun County in Richmond - he would like to see the two bodies meet jointly on this matter. Mayor Rollins asked how many Councilmen would be willing to go to Philadelphia regarding the Federal Grant on the Potomac River Water Project He asked the Town Manager to make arrangements for such a meeting. `, Q4 �l VV MINUTES OF SEPTEMBER 8, 1971 MEETING. The resolution concerning elimination of mercury seals at the Sewer Plant was discussed, with the general consensus being that we should ap- ply for Federal money on this part of the project, the same as was done on the entire project. Councilman Orr objected to considering this mat- ter tonight and Mayor Rollins directed that this matter be sent to the Utility Committee for consideration and resdution to be presented at the next session of Council. Councilman Titus objected to considering the purchase of a truck for the Street Department tonight and this matter was sent bark to the Utility Committee . On motion of Councilman Pumphrey, seconded by Councilman Orr, the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to proceed with the neces- sary arrangements with Reed, Hoyt, Washburn & McCarthy and the State Treasurer 's Office for the advertisement and sale of $500,000 General Obligation Bonds for the following proj - ects : (a) Hospital Road, Storm Sewer & Sanitary Sewer $264,000 (b) Douglass School Relief Trunk Sewer 81,600 . (c) Dry Mill Branch Trunk Sewer 129,700 $475,300 Councilman Wallace believed that there are other items that should be considered which would come out of this same Bond Issue. He asked what is being done at Reed Johnson 's Restaurant. Mr. Ritter explained that they are improving a bad drainage situation there - it is on a good solid sub-grade .and they are putting in a thick base. . Councilman Wal- lace moved that the above resolution be tabled and 'this was seconded by Councilman Orr. Mr. Ritter pointed out that they do not want to put the Hospital Road out for bids until they have the money in sight for the project-. There are still some easements to be secured on the Douglass Relief Sewer, but the plans are just about ready. Mayor Rollins asked if the Town intends •to put the Dry Mill Sewer all the way through. Mr. Ritter answered Yes and 'pointed out that eventually we should get about 80 per cent of this money back. Mayor Rollins mentioned the two anticipation notes borrowed by the Town. Councilman Wallace believed some provision should be made for a sewer line - to serve those people on West Market Street between Ayr Street and Morven Park Road. Mr. Ritter pointed out that, with regard to urban projects, from the time you make application, it is a matter of 3 to 4 years before they even get around to talking about it unless they seen an immediate need for the project. * would have to stand in line with other communities for this type of • funding. If the Town is actually serious about this urban project, he said he would be glad to talk with Mr. Bolton about it while attending the Virginia Municipal League -Convention next week. He• believed the de- velopment of the Carter Tract should be considered in connection with this. Councilman Wallace suggested that• the Finance Committee and the Street Committee meet together regarding this Bond Issue. It was decided that both committees would meet at 4:00 P.M. on Monday, September 20th. The motion to table the above resolution was then unanimously adopted. • On motion of Councilman Orr, seconded by' Councilman Pumphrey, the following resolution was offered: • WHEREAS, the State Highway Department has under construction a By-Pass in the southeast segment of Leesburg, which provides for a transition of traffic into an existing two lanes on Rt. 15 , and WHEREAS, the Town of Leesburg has recently received plans on the proposed development of a 30-acre tract of land for 203 dwelling units at the intersection of Rt. 15 and .Catoctin Circle, and 29 MINUTES OF SEPTEMBER 8, 1971 MEETING. WHEREAS, this development will generate a considerable amount bf' traffic on Rt. 15, which, added to existing traffic con- ditions in this area, will create a condition that it will be impossible for the existing twg lanes to handle, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the State Highway Department be ,re- quested to set up an "Urban Project, from the By-Pass inter- section at Rt. 15 to the intersection of Catoctin Circle, and BE IT FURTHER RESOLVED that the Town of Leesburg will acquire sufficient rights-of-way and guarantees its 15 per cent share of the cost of construction . After discussion of this matter, on motion of Councilman Orr, seconded by Councilman Titus , Council voted unanimously to table the resolution. On motion of Councilman Wallace, seconded by Councilman Pumphrey, the following resolution was unanimously adopted: BE IT RESOLVED by the Council for the Town of Leesburg, Vir- C ginia, that the Town Manager be and he is hereby authorized and directed to have inserted in the Loudoun Times-Mirror, a for publication on September 16 and 23, 1971, the following p advertisement : PUBLIC NOTICE Notice is hereby given that a Public Hearing will be held by the Council for the Town of Leesburg, Virginia , on October 13, 1971 at 7 :30 P.M. in the Council Chambers , 10 West Loud- oun Street, Leesburg, Virginia , to consider the following: (1) Application Number ZM-5 , by Warren H. Cunningham of 99 Shenandoah Street, Leesburg, Virginia, to have rezoned from R-1 to B-2 a parcel of land containing 17 ,564 square feet, designated as Lot "B" of a Resubdivision of Lot 3 and Lot 5, Valley View Estates, located on the south side of Davis Avenue, and and bounded by Davis Avenue on the north, Valley View Avenue on the east, S. D. Phillips, Jr. on the south and Wilbur Hall and S. D. Phillips , Jr. on the west. (2) Amendments to the Leesburg Zoning Ordinance as follows: Amend Section 2-7 -2 by adding, subsequent to the word "Multi- family, " the words "and Town Houses . ' Amend Section 8-2-11-3 by deleting the numeral 12 and insert- ing in place thereof the numeral 8. Amend Section 832211-4 by deleting the numeral 12 and insert- ing in place thereof the numeral 8. Amend Section 8-2-11-5 by deleting , subsequent to the word I "developments, " the words "and as a condition precedent to the creation of an R-3 District, " At this hearing, all interested persons desiring to be heard be heard. Swill By : Kenneth B. Rollins, Mayor Town of Leesburg, Virginia Councilman Titus asked Mr. Forbes to make sure that he had on the Planning Commission Agenda the 12year limit on Zoning Certificates . Mr. Forbes said this has already been given to the Commission and they took no action. ; 8Q MINUTES OF SEPTEMBER 8, 1971 MEETING. - Mayor Rollins appointed Councilman Murray Chairman of the committee to appear before the Board of Supervisors on September 20th. On motion of Councilman Wallace, seconded by Councilman Murray, the meeting was adjourned at 8 :55 P.M. • zz:k7:4'''-'41 4 eireerY. - Mayor Clerk of e Council 111