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HomeMy Public PortalAbout1972_01_12 83 . MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 12, 1972 . • A regular meeting of the Leesburg Town Council was held in the Coun- cil Chambers, 10 West Loudoun Street, Leesburg , Virginia, on January 12, 1972 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. • Councilman Titus called attention to one correction to be made in the Minutes of the meeting of December 22 on the second page, last para- , • graph, fourth line to read as follows : "objected to the way it was handled last week. t' The Minutes , as corrected, were then approved. Town Manager Ritter reported the following : (1) There are a number of appropriations on the Agenda to Dewberry , • Nealon and Davis , most of which will come out of the 1971 Bond Issue. Broken down, there will be $14 ,570 from the 1971 Bond Issue, $738.60 from the Utility Fund and $4, 557 .50 from the General Fund, or a total of $19,866 . 10 . A good portion of that paid from the General Fund will be paid back to the Town from subdividers or developers . tP CD (2) The appropriation in Item 4 on the Agenda has not been before ry • the Finance Committee but , in the interest of saving time, it is recom- 4 mended that this amount be appropriated in order to go ahead with our 4t applications to the County for Commission Permits for our Potomac Water Facility and for Country Club Subdivision, Section 3 . It takes about two months for these permits to be processed. (3) The purpose of Item 7 on the Agenda is to permit Town of Lees- burg Police officers to assist County officers in emergency situations , and also so that each man will not have to post a $10 bond as an auxiliary officer. (4) The matter of the return of the certified check to Mr. DeHart I for physical improvements in Raefield Subdivision has not been before the Committee, however, these improvements have been made and the check should be returned. (5) The resolution attached tb the Agenda was prepared while the Agenda was being run . It concerns the determination of flood control -lines along the Tuscarora Creek and the Town Branch within .the Town and within the one mile outside of Town. In a meeting with Mr. Les King of the Loudoun Soil and Water Conservation District last Friday, it was found that they would like to make application for us to the U . S. Corps of Engineers , who it is understood would do this work at no cost to the Town. He felt that we should have wording in the resolution to this effect, however. (6) The letter attached to the Agenda from Fitton Investment Com- pany should be disregarded. A later letter from them. states theyhave terminated their contract to acquire the property and are withdrawing their request to appear before the Council . • (7) The appraisal on the Bastien property came in after the Committee meeting , however, a copy of Mr. Kline ' s appraisal is attached and he feels that, in the interest of saving time and in order not to hold up the con- tractor, this offer should be made immediately . (8) Wendell Kline is working on the appraisal of the Rust easement • I on Route 7 . (9) - Southern Line Cleaning Co . started work on flushing out the • sewer lines on North and Harrison Streets this afternoon . This has to be done before the TV inspection of the lines . (10) He has been working on the application for final payment on our Federal Grant on the Sewer Program . It looks like we should get around $119 ,000. The final cost of our sewer projects was $2 ,063 ,739, of which $619,121, or 307, is reimbursed by the Federal Government . 84 . MINUTES OF JANUARY 12 , 1972 MEETING. (11) On the VEPCO easement for the Douglass Relief Sewer, Mr. Flint called from VEPCO this afternoon and said he has the executed easement, however, he has been instructed to pick up the check when he delivers the Deed. : Therefore, they would like to write the check tomorrow. • -Councilman Wallace asked to whom the dirt belongs that is piled up in a pocket next to the W. & O. D. Railroad and Dry Mill Road, and said it is standing full of water now. Mr. Forbes said this land belongs to Mr. Curry . —_ Councilman Wallace also asked how the $500 ,000 was invested. Mr. • Ritter said First and Merchants gave the highest rate of interest of the three Banks contacted. The money was, therefore, invested with them, the interest rates being 4 . 28% for $2501000 for 120 days, and 4 . 53% for =y $250,000 for 180 days. Mr. Wallace also said he had observed Chamcey Smith directing traffic • at Catoctin Circle and the Route 7 intersection with Fort Evans Road, and he believes this situation should be corrected. Mr. Ritter advised that Chancey Smith is no longer working this traffic , he had too many complaints regarding his attitude and the way in which he was handling traffic: They have no substitute at this time. Councilman Titus asked the status of the Master Plan funds . Mr. Ritter said Joe Lake called today and we have received no written notice ': _ from Richmond at all. They met with the State Planning Board about a month or so ago and were told verbally that we could not get any money, but we have nothing in writing . Joe is going to make a request through HUD, he feels this is the next step. If we get nothing from than , then they will go back to Richmond again. • • Councilman- Titus also asked if anything has been done about getting Christmas decorations for next year. Mr. Ritter said we have looked at the magazines, but have gotten no prices yet . Mr. Titus asked that the Street Committee, at its next meeting, discuss the possibility of what will have to be done if and when they find that roof drains are coming into the sanitary sewer where we are having the lines cleaned. Mr. Ritter said he thinks we will make these people take them out. Mr. Titus also xiim asked about Mr. Parker ' s cars , whether Mr. Engle is going to have them moved or not . Town Attorney Martin said he is go- ing to have to bring him into Court. - Mayor Rollins asked for an explanation of the story in the newspaper about the Police officers and said he is not too concerned about what hap- pened, but he is concerned as to how the press got it and thinks it is very derogatory. Mr. Ritter said he is concerned as to how the press got it too, but they knew the whole story when they called him and just wanted it confirmed. He then explained to Council just what happened between the officers and the fact that both had come to him about it, both separately and together. He said they were suspended for one day. Councilman Wal- lace believed the press might have gotten this story since it went out over the Police radio to the Sheriff 's Department. Mr. Rollins said he did not think this type of thing should be in the paper, but should be handled privately. If they are going to be fired, it should be done in- ternally - whatever. it is , it should not be blasted across the paper - he thinks somebody was guilty of leaking this to the press . Perhaps Mr. Wallace was right about how this got out. Councilman Murray said the press has a monitor, but Councilman Hill said they do not get this kin of information on the radio . He asked if there is any real friction between the Town Police and the Sheriff 's Department. ' Mr. Ritter said there is none that he knows of and he, feels that they work well together. Mayor Rollins aske that Mr. Chaves make certain that, whenever de- velopers, homeowners , orVPown, or whoever digs a trench for water or sewer lines, it is compacted so that we do not have sinking like we have had in the past several years . He cited Prospect Hills as an example, where there is a washboard effect . He asked that Mr. Chaves see that these ditches are properly compacted. 85 MINUTES OF JANUARY 12, 1972 MEETING. . A Public Hearing was held at this time on Application Number ZM-6 by James T. and Esta P. .Jackson to have rezoned from R-2 to B-1 a parcel of land containing 3. 2572 acres , located on the south side of Gibson Street . Dr. James T. Jackson said that the purpose of the rezoning is to provide space for doctors ' offices near the Hospital. This property joins the Hospital on the west and on the north, separated by Gibson Street on the north. Several months ago, the Hospital Administrator said this would be a wonderful place for a doctors ' office building and, since that time, several doctors have come to him, asking that he try to arrange for an office building on this property. There are two or three I men interested in building such a building , but the zoning. has to be changed in order to do this . He feels that it would be an advantage to have the doctors nearby , particularly since there are. no resident physi- cians at the Hospital . It would also be advantageous to the Town since the laboratory and emergency facilities would be close by. There is space for ample parking for both doctors and patients in this area. The pres- ent plan would be for one two-story building , but there is space enough for two buildings. These buildings would be built in accordance with Town regulations . There are six properties adjoining this property and he has talked with all the residents adjoining it, as well as those on Cornwall Street from Ayr Street to Liberty Street . No-one has any ob- eP C jection to this office building and a good many of these ?eople are very much in favor of it . He said he would appreciate Council s consideration. hCouncilman Titus asked if he is going to develop the property himself. a He said he would have ultimate control over how the land is developed, p but he is going to lease it . Mayor Rollins said he understood that the Loudoun County Health Department would move into this building . Dr. Jack- son said he knows nothing about this . Primarily , the lease specifies that it is to be an office building for doctors, but will possibly include a pharmacy and other professional offices . Councilman Orr said he thinks the building is definitely needed - Doctors Cavanaugh, Boone and Roberts are all in crowded quarters and need a place to go - and there will be new doctors coming in also . Councilman Pumphrey said Gibson Street is an unimproved street and something will have to be done about this . He asked whose responsibility it will be to surface this street . Mr. Forbes ex- . plained that this is a Town street and was built by the Town. He explained II that the Town bought the land where the standpipe is adjacent to the Hos- pital several years ago and the Council actually subdivided the land into 8 square foot lots and kept the area in the center for the standpipe, providing for a 50-foot right-of-way which is now Gibson Street. At a later date, a future Council decided that they :should not be in the sub- division business , so they vacated all of the lot lines , with the excep- tion of the area around the .standpipe and a 16-foot road from the stand- pipe property to Old Waterford Road. They dedicated 104 or 15 feet for the widening of Old Waterford Road and 50 feet .for-Gibson Street. The balance of the land wassoldto the Hospital. There were no objections to this rezoning application. On motion of Councilman Wallace, seconded by Councilman Orr, the following Ordinance was offered : WHEREAS, Rezoning Application #ZM-6 by James T. and Esta P. Jackson has been duly processed, in accordance with the re- quirements .of the Leesburg Zoning Ordinance and the 1950 Code of Virginia , as amended, and WHEREAS, the proposed rezoning has been determined to be in the, best interest of the Town of Leesburg , NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of Leesburg , Virginia, that the Leesburg Zoning Ordinance be and the same is hereby amended by changing the Zoning Map as follows : From R-2 to B-1, the land of James T. and Esta P. Jackson, con- taining 3 . 2572 acres , located on the south side of Gibson Street, bounded by Gibson Street on the north, Mrs . Carrie Valentine and Mrs . Grace C. Frye on the east, James T. and Esta .P. Jackson, Mr. • and Mrs . A. S. Jenkins , Jr. and Mr. Brewster Cornwell on the south and the, Loudoun Memorial Hospital on the west. . Mayor Rollins asked if this land goes as far west as the location of the present road going into the Hospital . Dr. Jackson said it goes as far as the east end of the Hospital, about 15 or 20 feet to the east of the present road. There was some discussion as to access to this building 8=6 MINUTES OF JANUARY 12, 1972 MEETING. and Councilman Hill asked where the main entrance would be. Dr. Jackson said this would be from Gibson Street. Dr. John Wynkoop said he is very much in favor of this building , there is an advantage to having:an office building this close to the Hospital. The above Ordinance was then unani- mously adopted by a roll call vote . A Public Hearing was then held on proposed amendments to the Lees- burg Zoning Ordinance relative to a time limit on the validity of Zoning Certificates and site plans . No-one spoke either for or against this amendment and, on motion of Councilman Pumphrey , seconded by Councilman Wallace, the following Ordinance was unanimously adopted: WHEREAS, the following amendments to the Leesburg Zoning Ordi- nance have been duly processed, in accordance with the require- ments of the Leesburg Zoning Ordinance and the 1950 Code of Vir- ginia, as amended, and WHEREAS , the following amendments have been- determined to be in the best interest of the Town of Leesburg , NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of Leesburg, Virginia , that the Leesburg Zoning Ordinance be and r' the same is hereby amended as follows : Amend Section 9-2 by adding , subsequent to the period at the end of the paragraph, the following : "Zoning Certificates shall be valid for a period of twelve (12) months after the date of issuance . If actual construction of the work for which the Certificate was obtained has not been initiated by that time , said Certificate must be renewed. " Amend Section 9-2-1 by adding a new paragraph, as follows : "12 . The validity of a Site Plan shall be coextensive with . the validity of the Zoning Certificate for which it was drawn. " On motion of Councilman Wallace, seconded by Councilman Murray, t following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made to pay Dewberry , Nealon & Davis : . $ 70 .00 - Review Hospital Plans . 1971 Bond Issue. 2 ,000.00 - Rt . 7 and Catoctin Circle Improvements . Partial payment . 1971 Bond Issue. • 7 ,500.00 - Plans on Dry Mill Subdivision Sewer - 75% complete . 1971 Bond Issue . 5,000.00 - Tuscarora Trunk Sewer Plans - 50% complete . . 1971 Bond Issue . 40.00 - Review Raefield Subdivision Plans . Gen . Fund. 30.00 - Review Normandy Village Subdivision Plans . Gen. Fund. 20 .00 - Review Leesburg Estates Subdivision Plans . Gen . Fund. 110.00 - Review Rock Springs , Sec . 1-C, Plans . Gen. Fund . 11180 .00 - Review Country Club Subdivision Plans , Sec . 2 . Gen. Fund . 380.00 - General Engineering Services . Gena Fund. 20.00 - Review Exeter Square Subdivision Plans . Gen. Fund. • 70 .00 - Review Loudoun Hills Apartments Plans . Gen. Fund. 3 ,046 .00 - Field Work and Coordination of Flood Plain Study. Gen . Fund. - 30.00 - Review Virginia Knolls , Sec . 3, Subdivision Plans. Gen: Fund. 87 MINUTES OF JANUARY 12 , 1972 MEETING. $ 154.00 - Preparation of Plat of 5 ' Dedication from First & Merchants Nat . Bank. Gen . Fund. 60.00 - Review Sattley Subdivision Plans . Gen . Fund. 257 .50 - Review Leesburg Manor Apartments Plan . Gen. Fund. • 100.00 - Review Loddoun House Apartments Plan . Gen. Fund. 160 .00 - Review Rock Spring Heights Plan . Gen: Fund. 738 .60 - 'Preparation of Town of Leesburg Standards . Utility Fund-Engineering . There was a great deal of discussion with regard to these bills , especi- ally as to why so many of these plans were reviewed by Dewberry , Nealon and Davis , rather than by the Public Works Department. Explanations were , given by Mr. Ritter on most of these . Councilman Titus asked for progress reports on several Public Works projects under study by Dewberry, Nealon and Davis , and Mr. Ritter brought, Council up-to-date on these. Also, Councilman Wallace asked about the Urban Project on Route 15 . The above C resolution was then unanimously adopted. Cz, On motion of Councilman Pumphrey, seconded by Councilman Hill, the r^. following resolution was offered: G BE IT RESOLVED by the Town Council of the Town of Leesburg, that Johnson and Williams be authorized to proceed with a "Water System Study, " to include the entire area of the com- prehensive plan, at a maximuth cost of $10,500, in accordance with their letter of December 21, 1971 . A proposal submitted by Dewberry, Nealon and Davis on this project was also discussed. Mr. Williams of Johnson and Williams was present and said he had been to Leesburg three times on this project and had, at the request of the Council, met once with Mr. Chaves , Mr. Forbes and Mr. Rit- ter to determine just what would be included in this study. Council members asked various questions of 'Mr. Williams as to just what their study would include and he explained in detail . On motion of Councilman Wallace, seconded by Councilman Orr, Council voted by a roll call vote of 6 to 1, with Mayor Rollins casting the dissenting vote, to table this matter at this time, to be brought before the next session of Council with a recommendation from the Utility Committee . Mayor Rollins asked Mr. Williams if he had set up a meeting with HUD on the possibility of a Federal Grant for the Potomac River Water Project. Mr. Williams said they had not been able to ' find out anything and he has not set up this meeting so far. Mayor Rollins said he had talked with someone in HUD, who said they needed more information from Johnson and Williams and from the Town, and that it would take about 30 days after they get this information . Mr. Williams said he would set up a meeting with them. • Councilman Pumphrey again brought up the proposal on the Water Study and called attention to the fact that Johnson and Williams ' proposal was to do this work in six months , whereas Dewberry, Nealon and Davis said they could do this work in 90 days . Mr. Williams , at this time, said he was considering withdrawing their proposal, he does not feel that this type of study should be done on a competitive basis and he believes the Town would be better off to select an engineering firm in which they have confidence and then negotiate with them. He then definitely withdrew their proposal. He said he could not do this job in 90 days and do it like he thinks it should be done . Mr. Ritter said we have had a lot of experience with both firms and he would not recommend one against the other, it is up to Council to make the decision. Mr. -Williams said if Council cannot negotiate with the other firm, then they will be glad to talk with them about it again . No further action was taken on this mat- ter. 88. MINUTES OF JANUARY 12, 1972 MEETING. 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 appropriations be made : - $ 916 :24 - Cooper-Trent . Preparation of Town of 'Leesburg Construction Standards . Utility Fund-Engineering . 1,017 .30 - Reed, Hoyt, Washburn & McCarthy . Professional Services on $650,000 Bond Issue . 1971 Bond Issue. Onmotion of Councilman Wallace, seconded by Councilman Orr, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriation be made : $ 200.00 - George Titus ; Treasurer of Loudoun County, for two (2) Commission Permits - Potomac Water Fa- cility and Country Club Subdivision, Sec . 3. 1971 Bond Issue . There was lengthy discussion regarding applying for the Commission Permit . for the Potomac River Water Project at this time, as well as the size of ,. the line for which this Plant is designed at this time , and the fact that the Town would not want to buy the land for this Plant if we do not have'" permission to build it . Dr. Orr left the meeting during this discussion. A rs:lixsaii vote of 5 to 1 adopted the above resolution , with Mayor Rol- lins casting the dissenting vote . 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 Manager be authorized to invest $50,000 of the Utility Fund for 120 days in Certificates of Deposit, on a bid basis with local banks . On motion of Councilman Murray, seconded by Councilman Wallace, and after some discussion as to State Code requirements , the following reso- lution was adopted by a vote of 5 to 1, with Councilman Titus casting the dissenting vote: BE IT RESOLVED by the Town Council of the Town of Leesburg , that, in accordance with Sec . 7-1 of the Town Code . , William Emory Plaster, Jr. is hereby appointed Commissioner of Revenue for the Town of Leesburg , effective on the same date as his appointment as Treasurer for the Town of Leesburg . After explanation by Mr. Forbes of the need for a Flood Plain Study, particularly in conjunction with the preparation of our Master Plan, and explanation by Mr . Les King , District Conservationist of' the U. S. De- partment of Agriculture, as to just what would be involved in this Flood Plain Study , on motion of Councilman Murray, seconded by Councilman Titus , the following resolution was unanimously adopted: " WHEREAS, the Council for the Town of Leesburg, Virginia , a pub- lic body, is charged with the responsibility of legislating land development controls for the health, safety, welfare and pros- perity of the citizens within the corporate limits of the Town and the area one mile beyond as permitted under Section 15 . 1-467 of the 1950 Code of Virginia , as amended, and WHEREAS, the Leesburg Planning Commission , a duly appointed ad- visory body of the Town Council, is now in the process of up- dating its Master Plan and land development controls , and WHEREAS, it has been observed that certain areas within the jur- isdiction of this Planning Body are subject to flooding , soil erosion, and periodic inundation causing loss of property and endangering life, and 89 MINUTES OF JANUARY 12, 1972 MEETING. -- WHEREAS, this Body finds it to be in the public interest to in- vestigate those areas subject to periodic inundation in order - to provide appropriate safeguards , and WHEREAS, the Loudoun Soil and Water Conservation District, a Body Corporate and Politic , is empowered; among other things, to conduct surveys , investigations , and research relating to the character of soil erosion and floodwater and sediment dam- ages and to cooperate with agencies of the State of Virginia and the United States , and WHEREAS, the said Loudoun Soil and Water Conservation District has offered its services in making applications for a Flood Plain Information Study, - - - NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, Virginia , that the Loudoun Soil and Water Conservation District be and it is hereby authorized to make applications for a Flood Plain Information Study and Report for the purpose of delineating areas subject to flooding in order that this infor- er mation be incorporated into the Town s Master Plan now being C formulated . • Mr. Carlie Fletcher, membe dof the Loudoun Soil and Water Conservation District, was also presenVsaid they would be glad to do whatever they C can , at no cost to the Town. • •On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted: WHEREAS, Section 15 . 1-159. 7 of the Motor Vehicle and Traffic Code permits governing bodies of counties and towns , by proper resolution, to enter into and become a party to contracts or mutual aid agreements for the mutual protection of all parties to such contracts or agreements by use of their joint police forces , both regular and auxiliary, their equipment and materials , all for their mutual protection , defense and the maintenance of peace and good order, and WHEREAS, the Town of Leesburg Police officials have been re- quested by Loudoun County Sheriff 's Department to assist them as auxiliary officers , and WHEREAS, it is the desire of the Town Council of the Town of Leesburg that the Town of Leesburg Police Force should assist the police officers of the Loudoun County Sheriff 's Department, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that a mutual aid agreement be created, whereby the police officers of both government jurisdictions be permitted to assist each other in the capacity of auxiliary police officers . On motion of Councilman Pumphrey, seconded by Councilman Hill, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that, in consideration for the granting of a sanitary and storm sewer easement across the Carrie Smith property, a sum of $100.00 is hereby appropriated, said sum to be appropriated to pay the Carrie Smith Estate from the 1971 Bond Issue. • On motion of Councilman Titus , seconded by Councilman Murray, the following resolution was unanimously adopted: WHEREAS, a certified check was deposited with the Town in the amount of $4,438.50 to cover physical improvements at the Rae- field Development on Washington Street and Edwards Ferry Road, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that all improvements have been satisfactorily com- pleted, and authorization is hereby given for the return of the check. 90 MINUTES OF JANUARY 12, 1972 MEETING. Discussion followed regarding the fact that, further up on Washington Street, Mr. * •l ; '6fproperty is over the line, thereby creating the possibility 6f .ui ing Washington Street as it should be . Mr. Forbes explained how this happened and that, due to this discrepancy, the pav- ing.of the street could be done, but no curb and gutter and sidewalk could ever be placed on Mr. Whitmore 's side of the street . Mayor Rollins em- phasized that he did not want any doglegs in the curb andgutter and side- walks because of the mistake on Mr. Whitmore 's side of the street . 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 Dr. H. L. Bastien be offered the sum of $780 .00 for a storm sewer easement across his property, which amount is the value placed upon this easement in an appraisal report by H. Wendell Kline. 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 an appropriation in the amount of $310.00 be made to Vir- ginia Electric & Power Company for a sanitary sewer easement needed for the Douglass Relief Sewer. (1971 Bond Issue Fund. ) Councilman Hill and Mr. Ritter explained just how VEPCO bases their as- . sessments for easements . Mr. Ritter also explained how the W. & 0. D. was assessed for their right-of-way through Leesburg before they sold to VEPCO . On motion of Councilman Murray, duly seconded, the meeting was ad- journed at 10 :10 P.M. A atii Mayor — .4c-C1 Clerk o�the Council - • 1