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HomeMy Public PortalAbout1972_01_26 91 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 26, 1974 A regular meeting of the Leesburg Town Council was held in the Coun- cil Chambers, 10 West Loudoun Street, . Leesburg , Virginia on January 26 , 1971 at 7 :30 P.M. The meeting was called to order by the Mayor, with Town Manager Ritter 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 January 12 , 1972 were approved as written .. Town Manager Ritter reported the following : (1) He attended the County Planning Commission meeting last night on our application for a Commission Permit for the Potomac Water Facility . The Commission voted unanimously to issue the Permit . He explained that the size of the water line is subject/change . It willnot be necessary to appear before the Board of Supervisors unless there are objections from the people within 10 days from last night. Colonel Valentine was there last night, representing the people on Edwards Ferry Road, regard- ing the trees . He told them he didn ' t think this would interfere with the trees and we would' certainly try to save them if at all possible . . C He talked with Johnson and Williams today on the construction plans . They are proceeding with them and they will probably be through in 'i" another couple of months . We should proceed forthwith with this project . With the best time possible on completing the plans , acquiring the land C: and selling the bonds, it would be the latter part of 1973 before water could be delivered to the Town . (2) The Hospital Board will meet this Friday, at which time action will be taken on the granting of the 70-foot right-of-way to the Town for the Hospital Road . (3) The Resolution on the Addition takes the place of the first item on the main Agenda . (4) Johnson and Williams has a'sked that their proposal on the Water Study be opened again and that we reconsider it. (5) On Item 5 on the Agenda, our existing Ordinance calls for a fine of 50 cents for overtime parking if paid by 7 :00 P.M. the same day, or the payment of $1.00 if paid before the next Court date . The proposed Amendment would change these amounts to $1 .00 and $2 .00 respectively. This Ordinance should have an effective date and the Committee decided it should become effective March 1st . We will ask the Press to give this publicity so that the people will know we have made this change. (6) The purpose of Item 6 is to make it unlawful to park in a metered zone beyond the maximum time posted on the meter. He feels that this Ordinance should be under Sec . 13-116 , which covers "Duty of owner or operator of vehicle upon entering a parking meter space. " The Town Attorney agrees that this is where this Ordinance should be . (7) The appropriation for $2,500 for Sewer Plant Maintenance is due to the fact that we did not have any idea what the first year' s mainte- nance would cost when the Budget was prepared. We failed to take into consideration the fact that we would need to buy certain replacement parts that should be on hand in case of breakdown . Then , too, we have had no financial report since October until tonight . We will have a better idea on making up the Budget for next year. (8) The investment of $50,000 of Utility Fund money was placed with Peoples National Bank for 120 days at 5 per cent . First Virginia Bank offered 4 per cent and First and Merchants offered 41/2 per cent . preliminary (9) We have received the/plans on the Dry Mill and Tuscarora Inter- ceptor Sewers . The Dry Mill Sewer would take care of the houses on Anne Street and Wage Drive, as well as future development in that area. The Tuscarora Sewer begins at the old Sewer Plant and goes to Evergreen Mill Road . 92 • MINUTES OF JANUARY 26 , 1972 MEETING. (10) Johnson and Williams has set up a meeting with HUD for next Wednesday , February 2nd at 2 : 30 P.M. • (11) He met with a salesman from a Christmas decoration company • this week and he will bring over two samples that he selected from the catalog . We would get 10 per cent off if-we buy them now, but the $1;000 in the Budget will not cover the cost . The' samples will be erected on the poles and we will look at them both in the daylight and at night before a selection is made . He will notify Council when these arrive . (12) Southern Line Cleaning Company seems to be doing a good job on the sewer line . Progress has been slow due to the cold weather, rain and breakdowns on the TV camera and cable . They had finished 938 feet as of this morning. They have found 41 joints that took chemicals . Mayor Rollins said that some time ago he contacted one of the As- sistant Secretaries" in HUD on our Federal Grant . They said they are anxious to get our application processed. This indicates to him that they are anxious to give us some assistance. He invited any and all of the Council members to attend the meeting with HUD next Wednesday . Mayor Rollins also reported that the Town Manager was sued today by Mr. Elder and he was also served with a copy of the suit. The main thrust of the suit was that he be reinstated to the Police Force and paid his salary from the time he was dismissed. He asked Town Attorney George Martin to make the necessary Answers . With regard to the letter sent from the Town Manager to the archi- tects on the Hospital, ' copy- of which was received by all Councilmen, Mayor Rollins commented that he certainly agrees with what has been stated. He would like to say that these changes will not be tolerated and they will not be permitted. He thinks the site plan approval should be re- jected if they do not comply . Mr. Ritter 'said they have to come back to the Town before they can make these changes . Councilman Titus asked the present status of the curb and gutter on Washington Street . Mr. Ritter said Bill Chamberlin said the other day that they are running a survey on it . Councilman Titus also said he thinks we should do whatever is nec- essary to have the Flood Plain Study discussed at last Council meeting done as soon as possible . Also, Councilman Titus asked what is happening with regard to the Town 's two-mile subdivision jurisdiction. Councilman Wallace said he thinks we should initiate action on this - it is dying at this point. Mr. Forbes said a Memo went to the Board of Supervisors from Mr. Drenning, with the same Memo or letter to" Council, and he would presume it is up to either the Board or to the Town to follow it up. Mayor Rollins said he would call a meeting of the Council with the Planning Commission in the very near future, and then establish our position at a regular meet- ing of the Board. Councilman Pumphrey asked if Southern Line Cleaning is cleaning the lines, as well as other work. There followed a lengthy discussion as to just how they operate and what has been found so far. Councilman Wallace asked if there is any answer we can give Lee Phillipson his Exeter Square project - we have been holding him up on this due to the sewer line cleaning project. This was discussed and Councilman Murray suggested that the Town Manager notify Mr. Phillips that we . will let him know something as soon as the sewer project is completed. II On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was offered : WHEREAS , a Petition for Condemnation was filed in the Circuit Court for Loudoun County on behalf of the Town on the 26th day of October, 1971 against J . Paul Scheetz , et al, Trustees, to obtain certain lands and a right-of-way thereto in the County of Loudoun for the construction of a water filtration plant and facilities ; and 93 MINUTES OF JANUARY 26 , 1972 MEETING. WHEREAS, since the filing -of the Petition, efforts have been made to obtain the land by further negotiation in order to avoid the necessity for proceeding with the Condemnation Pe- tition, and WHEREAS, such efforts have been unsuccessful , BE IT, THEREFORE, RESOLVED, that the Town Attorney be and he is hereby instructed to proceed with the prosecution of the said Petition. I ' Councilman Murray said he believed the statement made by Mr. Murray Rust, when he was here sometime ago, should be adhered to. He stated that he would make an offer of $20,000 and, if there were any differences , he would make up the balance . He also said he based his price on what Xerox paid for their land. He (Mr. Murray) asked if this would stand up in Court . Town Attorney Martin said he didn ' t think so. Mayor Rollins asked about the status of the right-of-way - if we go to condemnation , are we going to ask for fee simple? Mr. Martin said the Petition states a right-of- way or easement . Mr. Ritter said the last offer was based on a _fee simple. There was considerable discussion on this . Mayor Rollins asked if there :.fl 'has been an appraisal on the fee simple . Mr. Martin said this came up ::7 after he filed the Petition and there would have to be an amendment to the Petition if this is desired. 'He said our first offer was $15,000 = and the appraisal was $11,000 . Then Mr. Rust offered $20,000 . Council- ;'' man Murray suggested that we go ahead and get it on an easement, rather Q than spend the money for another appraisal, then, if heoffers it in fee simple , we will take it . Mayor Rollins asked if we could fence the ease- ment. Mr. Martin said we -could. Mayor Rollins also said he believed an appraiser would merely have to look at it in the light of fee simple, rather than an easement . Mr. Martin said, if they expect to use Xerox as a comparative value , he is not sure we can bring in the fee simple. He doesn ' t think it is that important - the suit is based on our $11,000 offer. He said he drew up an Agreement and they would not sign it. The present status is that they will not settle for less than $35 ,000. Mayor I Rollins asked Mr. Ritter to inform the Trustees that their offer is rejecter and that we are going to condemnation. The above resolution was then unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Murray, ' the following resolution was unanimously adopted: WHEREAS, Tuscarora , Inc . has deposited a check in the amount of $3,000 .00 to cover physical improvements at the pump house lot on Rt . 15 south in Country Club Subdivision, Section 1, and WHEREAS, physical improvements have been made to the satis- faction of the Town , NOW, THEREFORE, BE' IT RESOLVED by the Town Council of the Town of Leesburg,' that the $3,000.00 check be returned to Mr. Crickenberger. Mr. Ritter commented that the pump is working very well now and he has had no complaints . On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was offered : ' WHEREAS, Tuscarora , Inc . built a pump house on "Oudot A, " to- gether with pumping facilities , the purpose of which is to serve Country Club Subdivision with water, and ultimately to furnish water to a 275 ,000 gallon water storage tank, and WHEREAS, the pumping facilities have been satisfactorily com- pleted, and Tuscarora desires at this time that the Town of Leesburg take over the operation and assume operation of the pump station, 94 MINUTES OF JANUARY 26 , 1972 MEETING. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town accepts responsibility for maintenance of the Booster Station, and BE IT FURTHER RESOLVED, that the Town hereby accepts the Deed covering "Outlot A, " and the Deed will be duly recorded in the Land Records in the County of Loudoun. Councilman Wallace said he was concerned over this, with the complaints we have had in the past. Mr. Ritter said he thinks Mr. Wright and Mr. Crickenberger have done everything they can possibly do. New pumps have been in for three or four months or more . Mr. Wallace asked about the pressure reducing valves . Mr: Ritter said they might be necessary in some of the lower elevations , but 'they will not be the Town 's responsibility. They have until October 22, -1973 to erect the tank, or upon the development of 157 lots , which includes Sections 1 and 2. He is beginning Section 2 right away. Councilman Hill said it was pointed out that we do not have a large enough line in Waverly Heights . • Mr. Ritter said this is one of the purposes in the Water Study. He ex- plained what happened on -this at first and what the Town had to do. The larger pumps are on hand when they are needed - when more houses are built and when the tank is built. Mr. Hill asked if this is the only pump to the tank. Mr. Ritter said -yes, the same line pumps to the tank that -pumps to the houses - -it is designed for this purpose. Councilman Titus asked if there are any houses in Section 2 that will flow by gravity from the standpipe . Mr. Ritter said all of them will, more or less - both by gravity and from the pump. 'When there is a demand for it, the tank will fill up and, when there is a demand for the water, it will drop in the tank. The above resolution was then unanimously adopted. Councilman Pumphrey announced that Mr. Williams of Johnson and Wil- liams called and asked that they verbally be reinstated with their pro- posal on the "Water Distribution and Storage Study . " He said he would be here for the Committee meeting on Monday . Councilman Murray ex- pressed his feelings with regard to the good work 'done by Johnson and Williams over the past years 'and the fact that Council is now compar- ing professional engineers , while Councilman Wallace could see nothing wrong with a comparison . This matter was discussed further and the Mayor asked that a decision be made by the Utility Committee and recommended• for action at the next meeting . On motion of Councilman Wallace, -seconded by Councilman Murray, and after discussion regarding the enforcement of the Ordinance, the follow- ing Ordinance was unanimously adopted.: BE IT ORDAINED by the Town Council of the Town of Leesburg, that, Sec . 13-121 of- the Town Code - Payments to Municipality , in Settlement of Illegal Parking Charge be amended to increase the amount of the fines from 50' to $1.00, and from $1.00 to $2 .00. The amended Ordinance will read : Sec . 13-121 . Generally . Any Person accused of a violation of any provision of ' this chapter or other ordinance of the municipality prohibit- ing parking a vehicle in a designated area or restricting the length of time a vehicle may be there parked, or parking in a metered area without putting a coin in the meter to cover the required time, may settle and compromise the charge against him for such illegal parking by inserting one dollar in the envelope provided for such purpose, and depositing same in one of the courtesy collection boxes attached to parking meter standards near the middle of each block by 7 :00 P.M . on the day of violation. Any person may settle and compromise the charge against him for such illegal parking by paying to the municipality the sum of two dollars before the next court date, which is on the first and tli•$rd Mondays of each month at 8 :00 P.M. ; provided, however, that this provision shall not be con- strued to apply to persons parking their vehicles so as to ob- 95 . MINUTES OF JANUARY 26 , 1972 MEETING. struct the entrance or exit of any place where police or fire department apparatus or other emergency equipment is kept or housed or so as to block an emergency. entrance to a hospital. Nor shall such. provision apply to any person charged with park- ing a vehicle so as to entirely obstruct traffic in any street or. alley , or parking in such a way so as to reduce traffic on . an arterial street to one-way traffic only, nor to any person who refuses to remove a vehicle illegally parked at the request of any member of the police department . I This Ordinance shall become effective March 1, 1972 . On motion of Councilman Orr, seconded by Councilman Wallace, the following Ordinance was adopted by a vote of 6 to 1 , with Mayor Rollins casting the dissenting vote : BE IT ORDAINED by the Town Council of the Town of Leesburg, that it shall be unlawful for the operator of a vehicle to park said "vehicle, or to permit such vehicle to remain parked, . during daylight hours , except Sunday and National Holidays, It in areas controlled by parking meters on streets in the Town C of Leesburg (excluding Municipal Parking Lot) for a period ,.., longer than two (2) hours from the time the vehicle is so :z, parked in any such parking meter zone ;' C It was agreed that this Ordinapce should be incorporated into Sec . 13-116 of the 'Town Code, the fourth paragraph. It was also asked that the Police warn people about this overtime parking, particularly the habitual offenders , before they begin giving tickets for this offense . On motion of Councilman Mor=ay; . 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 : I $ 436 .00 - Cooper-Trent - Preparing Town Specifications . . Utility Fund-Engineering . 100.00 - H. Wendell Kline - Appraisal service-easement on. H. L. Bastien property . 1971 Bond Issue. 4.05 - Exspe.edite Blueprint Service - Printing for Nov . and Dec . 1971 Bond Issue . 9 , 296 .80 - English Construction Co. - Installing 12" water line and casing for sewer line at By-Pass . 1971 Bond Issue . 150.00 - H. Wendell Kline - Appraisal service easement on H. I . Tiffany Estate . 1971 Bond Issue . 2, 500.00 - Supplemental Appropriation - Sewer Plant Mainte- nance . $2,500 .00 originally appropriated. Spent $2,536 .00 as of 12/31/71. Outstanding bills - $1,741.00 . Councilman Titus asked about the payment to English Construction Company. Mr. Ritter said we estimated this job at about $ 10,000 and have a detailed report . It all checks out . I . Mayor Rollins called attention to the Addendum to the Agenda,outwhich that the terms of all members mers of Council and the Mayor will be extended for another year insofar as Leesburg is concerned. On motion of Councilman Murray , seconded by Councilman Hill, the meeting was adjourned at 8 :50 P .M. and Council then held an Executive Session . eenn.-.4:^6- /.1 -26.)--i:i /9 % Mayor Clerk of tt Council