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HomeMy Public PortalAbout1972_02_23 161 MINUTES OF REGULAR MEETING OF •LEESBURG TOWN COUNCIL, FEBRUARY 23, 1972 . A regular meeting of the Leesburg Town Council was-held in the Council Chambers , 10 West Loudoun Street, Leesburg; Virginia, on Febru- ary 23, 1972 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 regular meeting of February- 9, 1972 were approved as written. U Town Manager Ritter reported as follows : (1) The Performance Bond on Section II-A, Rock Spring Heights , has been approved by the Town Attorney . (2) The applications for water and sewer extension to serve Rock Spring Heights , Section II-A and Sec . II , Country Club Subdivision have to be approved by Council . (3) He attended the County Planning Commission meeting last night, Cr at which time a Commission Permit for extension of water and sewer lines to serve Section II , Country Club Subdivision, was approved. (4) With regard to the Christmas decorations , they were placed on ^ the poles in front of the Town Officeone day and night . He asked several of the business people in Town to look at them and most of them preferred the one known as the 6 ' sconce with the white lantern, which was in front of the theater. Prices on the three pieces are as follows : The traditional lantern with candle - $98 . 18 , including a 15 per cent dis- count if we buy over 10 ; the wreath with bells - $187 .65 , including a 10 per cent discount ; the 6 ' sconce - $117 , with 10 per cent discount. These would- run $1 , 963 .00 for 20 of the lanterns ; $3, 753 for the wreaths and $2 ,340 for the sconce . The discounts are good until May 1st. The freight would be approximately $100. There is $1 ,000 in the Budget for U Christmas decorations , but it has not been appropriated. (5) Regarding Items 5 and 6 on the Agenda , when the schedule of Availability Charges was adopted in June of 1970, there- was some doubt about the fee set for Other Commercial and Industrial Buildings . It was , however, set at $400, plus $5 .00 for each fixture unit. The first application we had was that of the Hospital . Their fee was $2,675 for water and the same for sewer, which would be equal to approximately 11 apartments . The Street Committee discussed this at its meeting and felt this charge was too small . They decided that the fee should be $400, plus $25 .00 for each fixture unit , which would be more equitable. This would have been $11,775 for each of water and sewer on the Hospital, which would be about equal to 57 apartments . It was also decided to es- tablish another category , which would take care of Institutional Type Buildings , etc . (6) The hearing on the S. M. Rust property is set for April 10th on the early entry . (7) We have discussed several times as to whether a 16-inch line is large enough coming from the River. A letter from Johnson and Williams states that it will carry 4 .6 million gallons a day, which is the total capacity of the Plant if operated on a 24-hour basis . (8) He talked with Johnson and Williams on the status of the HUD U application forms . They will have them completed by next week, after which the Town Attorney will have to add a couple of items . There will then be another conference with HUD before we submit the application . Councilman Titus commented on the fine job done on snow removal over the past week-end . -102 MINUTES OF FEBRUARY 23, 1972 MEETING. Mr. E . William Chapman , of Hall, Kuykendall and Whiting , represent- ing Mr. David N. Rust , addressed Council regarding the easement needed across Mr. Rust 's property on Route 7 east for the Douglass Relief Sewer . He reviewed conferences held with the Town Manager, the Town Attorney and members of the Utility Committee at various times over the past months , all of which meetings have culminated in the pro- , posed Deed of Easement and Agreement presented by them several days ago for the Town ' s consideration . The terms of this Agreement are as fol- lows : (1) Mr. Rust is willing to sell the easement for the sanitary sewer at the price the Town offered, that is $4 ,000, conditioned on the Town 's releasing the existing 10 ' sanitary sewer easement to Mr. Rust ; (2) He is willing, at this time , to give the Town the additional prop- erty needed for a storm drainage easement to run alongside the sanitary sewer easement through the middle of his property for the 350 ' depth ; (3) In accordance with the Policy Guidelines of the Town adopted last October dealing with off-site drainage requirements, Mr. Rust will, at the time the Agreement is executed, deposit his share of the off—site development cost in return for an obligation or commitment from the Town to undertake the building of the storm drainage sewer when this has to be built through the property . These Policy Guidelines constitute one source of revenue for the Town, and he foresees other revenue to the Town from the development of this property . One would be in tax increases and he cited increases in taxes of surrounding properties as they have . been developed in the past several years as a comparison. Also, if this property is developed commercially , there would be sales tax benefits , plus the commercial business generated elsewhere . The Town Manager has indicated that one of the conditions for securing site plan approval is that satisfactory storm drainage sewers be put in, which will comply with the Town 's specifications . He said the Town 's engineer said this cost would be estimated at $75 ,000 . This property is located in a watershed where all property owners are realizing some profit . Mr. Rust 's alter- native would be to market his property , with any prospective buyer ask- ing what would have to be done' to develop the property . He stated that they were interested in cooperating with the Town and seeing the sani- tary sewer, as well as the storm sewer, go through the property side by side at the same time , which would facilitate the engineering job. The property has been chopped up already and requiring it to be done again in the future would work an additional hardship on Mr. Rust at this point . Mr. Rust stated that he was shocked to find a resolution to condemn the ?roperty when he had not been afforded a hearing. He challenged the Town s Policy Guildelines , in that they do not specify that a develop- er 's pro-rata share of cost of installation of sanitary sewer and storm drainage must be paid before a building permit is issued. He also said he has offered to give the Town the property needed on the western end of his lot so that it would not be split down the middle . As it is now, the Town wants 40 feet down the middle of his property and it will cost him $75 ,000 to put in the storm drain . Mr. Chapman said that Mr. Rust has indicated that he is willing to pay his pro-rata share of off-site sanitary sewer and storm sewer. He is asking the Town to either enforce their Guidelines or make some pro- vision that has some teeth in it . The benefits from this would accrue to all of the landowners in the area, and to everyone in Leesburg in terms of the development of' the real estate . Discussion continued at length concerning various requirements in the Policy Guidelines, with both Mr. Chapman and Mr. Rust attacking these policies in numerous ways . Mayor Rollins was under the impres- sion that developers are required to pay their pro-rata share before a building permit is issued, however, Mr. Ritter said there was a . recent amendment, requiring developers to pay 50 per cent of the cost of checking plans upon submission of these plans , but there is no such actual requirement for off-site sanitary and storm sewer. After more lengthy discussion , it was decided that Mr. Ritter will work up the amount of money that would be necessary to install the storm sewer through the entire watershed and give an approximate amount that could be collected by Mr. Rust over the next 10 years if and when development takes place . Mayor Rollins said a special meeting of Council could be called when these figures have been prepared . Y0 3 MINUTES OF FEBRUARY 23, 1972 MEETING. Mr. Herbert A. Sumney , representing Mr . James H. Monroe and Mr. Stanley S. Monroe , who were also present, presented to Council an offer to purchase the center section of Potters Field, as shown on a plat dated 1965 . The total price offered is $69,466 , or $2 .00 a foot , for 34 ,733 square feet . Also presented was a check in the amount of $5 ,000 as a deposit , said check being payable to the Clerk for the Circuit Court for Loudoun County , since this property is currently in litigation. The balance would be due at settlement , and the offer to be in effect until midnight of May 31, 1972 . The offer also states that there would be a 5-foot easement for street and sidewalk purposes . Town Attorney Martin said this case is set for hearing on March 27th before Judge Anna Hed- rick and he does not know what position the County might take. He said the Town could instruct the Court to get this straightened out before the trial. Mayor Rollins said this offer will be considered and referred it to the Laws and Administration Committee, with action to be taken at the next session of Council . Col . Orlo Harkness , President of the LEICA group, appeared before Council , 'asking permission to place drums for collection of 'bottles , tin cans , etc . next to the ABC Store in Virginia Village. There would be separate drums for three kinds of cans and one for bottles and they would be kept in an enclosure . They would be neatly painted and -would G be fixed so as to drain . Full drums will be moved to the trailer until they are picked up. Items for reclamation will be taken away at least S4 once a week to recycling stations . Mr. Ours has given approval for them C n to place this operation on this land and they will ask people to try to keep it clean , however, it will be policed by members of LEICA. Lia- bility insurance has been arranged as well . So far, the money collected from the newspapers has been turned over to the Hospital. Until they can make the proposed operation self-sufficient , they would like to turn over the proceeds to the County , or whoever would monitor it. They asked Council to give this consideration and said they would like to start operation by April 1st . Mayor Rollins asked the Utility Committee to take up this matter . Councilman Orr left the meeting at this time . • On motion of Councilman Pumphrey , seconded by Councilman Murray, the following resolution was unanimously adopted : WHEREAS, the terms of office of Hunter M. Leach and William F. Webb , Jr. as members of the Leesburg Planning Commission ex- pired on December 31, 1971 , and WHEREAS, it is the duty of the Council for the Town of Lees - burg, Virginia , to appoint or reappoint members to the said Commission, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg , Virginia , that Hunter M. Leach and William F . Webb, Jr. , freeholders and otherwise qualified citizens of the Town of Leesburg , Virginia, be and they are hereby re- appointed members of the Leesburg Planning Commission for a term of four years , to expire on December 31, 1975 . - 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 Performance Bond for Sec . II-A, Rock Spring Heights, in the amount of $32 , 141 , be approved . The question of parking in this section was raised. It was assumed that this will be taken care of as the plans indicate . Councilman Titus said he would like to see "No Parking" signs placed in front of these houses so that the occupants might be able to park in front of their own resi- dences . Mr. Titus also asked if the plans for this section were approved before the amendment to the Zoning Ordinance, which states that only 8 units can be built to the acre, rather than 12 . There was some discussion regarding this and Mayor Rollins moved that the above resolution be amended to add thatC"This resolution is contingent on compliance with the Town Ordinance requiring 8 town houses P r acre if, in fact, this Ordinance is applicable to this resolution. ''J The motion was seconded by Councilman Wallace and unanimously adopted. The resolution , as amended, was then unanimously adopted . 104 MINUTES OF FEBRUARY 23 , 1972 MEETING. On motion of Councilman Pumphrey, seconded -by Councilman Titus , the following resolution was unanimously adopted : - = BE IT RESOLVED by the Town Council of the Town of Leesburg, that application for extension of water and sewer lines to serve Sec . II-A, Rock Spring Heights , be approved. On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was offered: - BE IT RESOLVED by the Town Council of the Town of Leesburg , -that application for extension of water and sewer lines to serve Sec . II, Country Club Subdivision , be approved. Councilman Titus raised the question as to whether they should have to pay for off-site storm sewer. Mr. Ritter said he did not see how we could require them to pay for this when they run directly into the Tus- carora . The resolution was then unanimously adopted. Mr: Ritter added that, when the Agreement was made in 1968 , the standpipe had to be built upon completion of Section II , which, at that time , equalled 157 lots . Section II has now been reduced to make a total - of around 98 lots . The Agreement further stated that the standpipe would be built five (5) years' from October, 1968 , or upon completion of 157 lots . He believes the five-year period will catch him first . On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was proposed : BE IT RESOLVED by the Town Council of the Town of Leesburg, that approval be given for the purchase of 20 Christmas Deco- rations to be erected on poles, at an approximate cost of $2 ,450.00. Mr. Ritter said that Mrs . Reynolds believes she can raise about $500 from the merchants . These decorations would pay for themselves in 10 years . The various decorations on display heretofore were dis- cussed and it was felt that all three of them could be used, alter- nating them on the poles . Mr. Ritter said the cost of these decora- tions , using them alternately , would be approximately $2 ,867 .00. He reminded Council that a decision should be made before May 1st in order to get our discount . Mayor Rollins moved to amend the resolution to read as follows , with Councilman Pumphrey seconding the amendment : BE IT RESOLVED by the Town Council of the Town of Leesburg , that approval be given for the purchase of 20 Christmas Deco- rations to be erected on poles , said decorations to consist of a variety of those decorations which were on display , at an approximate cost of $2 ,867 .00 . Councilman Wallace said he would like to see an effort made to get con- tributions from the merchants and moved to amend the resolution further, seconded by Councilman Hill , as follows : AND BE IT FURTHER RESOLVED, that the Town Manager be instructed to request contributions from various civic groups and merchants'. associations . The amendment to the amendment was unanimously adopted, the amendment then unanimously adopted, and the resolution, as amended, unanimously adopted. On motion of Councilman Hill , seconded by Councilman Titus , the following Ordinance was unanimously adopted : WHEREAS , the ' Town Council of the Town of Leesburg adopted a schedule of Availability Charges at its meeting on June 10, 1970 , the purpose of which is to compensate the Town or others for the cost of treatment plants , trunk sewer lines , etc . , and WHEREAS, it ha been found that the fee for Item 9 - "Other Commercial & Industrial Buildings" is insufficient, and 1051 MINUTES OF FEBRUARY 23, 1972 MEETING. WHEREAS, it has also been found that an additional item should be provided, titled. Item 10, to cover "Institutional Tyne Build- ings, NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec . 19-14 . 1 of the Town Code , Availability Charges for Sewer, be amended to read : Item 9. Other Commercial and Industrial Buildings - $400 + $25 for each fixture unit . Item 10 . Institutional Type Buildings, such as Schools , Hos - pitals , Nursing Homes & Government Offices , etc . - $400 + $25 for each fixture unit . On motion of Councilman Titus , seconded by Councilman Pumphrey, the following Ordinance was unanimously adopted : WHEREAS, the Town Council of the Town of Leesburg adopted a schedule of Availability Charges at its meeting on June 10, • . 1970, the purpose of which is to compensate the Town or others VP . for the cost of filtration plants , storage tanks , trunk water 0 lines, etc . , and Item 9 - "Other WHEREAS, it has been found that the fee for Commercial & Industrial Buildings" is insufficient, and WHEREAS, it has also been found that an additional item should be provided, titled Item 10 to cover "Institutional Type Build- ings , " NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec . 25-7 . 1 of the Town Code , Availability Charges for Water, be amended to read: S . Item 9 . Other Commercial and Industrial Buildings - $400 + $25 for each fixture unit, Item 10 . Institutional Type Buildings , such as Schools, Hos- pitals , Nursing Homes & Government Offices , etc . - $400 + $25 for each fixture unit . Mayor Rollins asked if the revised plans on the Hospital have been submitted. Mr. Ritter said they have not . He talked with Baskervill and they had talked with the engineers , who are in the midst of complet- ing it . The Hospital has been notified by letter from the Town that the issuance of the Zoning Certificate was based on the original site plan and, if changes are made, they must apply for another Zoning Certificate, which will be issued on the revised plan . On motion of Councilman Wallce, seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $ 400 .00 - Supplemental Appropriation for Utility Fund- Fuel . 2 , 500.00 - Dewberry , Nealon and Davis - Partial payment on the Tuscarora Interceptor Sewer Line . 1971 Bond Issue . 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 the Town Manager be authorized to secure Sanitary Sewer Easements on proposed Tuscarora Interceptor Sewer and Dry Mill Interceptor ;`yin accordance with plats prepared by Dewberry, Nealon and Davis . Councilman Titus asked if we will be going through any properties where we will be parallelling the same sewer lines . Mr. Ritter said we will. Councilman Wallace asked about sending notices to those residents in 1..00 • MINUTES OF FEBRUARY 23 , 1972 MEETING. the Wage Drive - Anne Street area to see if they are willing to hook onto the sewer line when it is built . Mr . Ritter said he believes it is too soon for this - we don ' t have the easements yet. The Health Department made a poll and the majority said they would be willing to tie in . Councilman Hill said there is no question on this . Mr. Ritter said he has been talking with Dewberry, Nealon and Davis about the Bastien easement . They say they did not terminate this ease- ment at the right point . As it is now, it stops half-way up in Dr. Bas tien 's property and does not terminate in the existing ditch. They are going to do some more work on this . They want us to extend it through their property or give them the money , which would cost roughly $23,00 If we run it to the end of their property, the Firemen may have some- thing to say about it and, if we carry it to the Town Branch, it would cost a lot more money . Councilman Hill said Mr. Blackwell said they also made an error on the Hospital site - he thought we contacted this firm because we had faith in them, but it doesn t look as though they are doing so well . Mr. Ritter said he talked to Mr. Blackwell about this and he said they didn 't take any topo on the ground and they assumed that the 3 .5 acres belonging to Dr. Jackson ran into another watershed. Then Mr. Chamber- lin came in with figures that showed that it all came into the same water- shed. The Hospital then came and said they had only 15" pipe and it would take 24" pipe , and that the Town ' s line was not large enough. Mr. Blackwell showed him the figures today and it seemed the two engi- neers were using two different formulas and different co-efficients on the pipe. He said the one designed for the Hospital is too small, but the one designed for the Town is just large enough . Councilman Titus said somebody has not been checking this out and Councilman Hill asked if we have any recourse to the engineers on this . There was discussion as to whether the engineer 's stamp of certification meant that they cer- tified this to be correct . It was the general consensus of the Council that Dewberry, Nealon and Davis be apprised of this and, if there is any increase in the cost , they should pay it . Mr. Ritter said that, ac- cording to Mr. Blackwell today , there will be no change in the plans . Mayor Rollins said he had a letter from Mr. Rowley, Chairman of the Loudoun Soil and Water Conservation District, with ansuggested Agreement between the Town and this organization as to what they would like us to do and, in return, they would perform certain services . He asked the Utility Committee to discuss this at its next meeting . There being no further business , the meeting adjourned at 10 : 35 P.M. csc -----/litc"-b1/4) 69- a---i- Mayor .f /9,422-1 Clerk of the Council • 1