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HomeMy Public PortalAbout1972_03_08 '0T MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 8, 1972 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia on March 8, 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. The Minutes of the regular meeting of February 23, 1972 were ap- proved as written . Town Manager James W. Ritter reported as follows : (1) Representatives of the Town will meet with representatives of HUD on Friday morning at 10 :30 in Washington . The Town will pre- sent a rough draft of the application that was given to us by John- son and Williams . This has been gone over by them and by the Town Attorney and will be discussed with HUD at that time. If this meets with their approval, then the final application will be presented. It is planned to leave here about 9 :00 A.M. VP C (2) We will receive the storm sewer easement plats , along with construction plans, for the line through the property of Mrs . Carr and pi the Times Mirror from King Street to Church Street tomorrow. We have to go ahead with this project as quickly as possible . (3) The Blue Ridge storm sewer plans and specifications are ex- pected by March 17th. (4) Dewberry, Nealon and Davis is now completing construction plans on the Douglass Relief Sewer. There are some changes being made on the south side of Route 7 . On the Addition to the Agenda is author- ization to receive bids on April 17th on this project . The specifica- tions call for 100 days to complete the project . (5) Perry Engineering Company expects to get started on the Hos- pital sanitary sewer job on March 20th. Dewberry , Nealon and Davis is studying the Bastien storm sewer easement , which will be discussed by the Street Committee next week . (6) The S . M. Rust condemnation case will be heard before the Circuit Court on April 10th. (7) The preliminary plans on the Potomac Filtration Plant have been received -from Johnson and Williams for our review and comments . (8) With regard to the $2 ,000 appropriation to Johnson and Williams in connection with filing the application for taking water from the Potomac , this was discussed in January 1970 and the Minutes show that he reported that it would be discussed at the next Utility Committee meeting with Mr. Williams . This was done , but no action was taken . He is again presenting this bill for payment , along with a let- ter, which Mr. Ritter read. (9) He talked with Mr. Gheen at First and Merchants Bank concern- ing a savings account in the amount of $75 ,585 , the amount of the check posted as bond for physical improvements in Loudoun Hills Subdivision by Green Acres Associates . This can be done in the name of Green Acres Associates, and assigned to the Town - it is just a matter of one of their principal officers and the Town Treasurer going to the Bank to- gether to open the account . (10) Item 3 on the Agenda is a positive step towards solving Donald Fisher 's storm drainage problem, depending on the cost. It is hoped this can be included in the Route 7 widening contract . • (11) Item 4 was discussed by the Street Committee last night, and it was agreed to eliminate the part referring to the issuance of a Zon- ing Permit . 1` 08 MINUTES OF MARCH 8, 1972 MEETING. (12) On the sewer line on Market Street between Ayr Street and Morven Park Road, he talked with Bill Nickels today and he says the matter of ownership and division of land on the Babson-Vandevanter case should be decided in Court sometime during the month of April. • (13) The resolution regarding Potter ' s Field was prepared by the 'Town Attorney . Certain -questions have been raised concerning the dis- position and method of moving the remains . This resolution does not instruct him to seek Court opinion . (14) The resolution on the Federal Grant application is self- explanatory. It authorizes the filing of the application with HUD and authorizes a certain individual to execute and file it and to furnish such information required in connection with the application. Mayor Rollins brought up the problem concerning storm water getting into the sanitary sewer system, which problem has existed for some time . Methods of correcting this problem were discussed -at length, with the Mayor stating 'that he definitely wants some program of education and enforcement on this problem . On motion of Councilman Wallace, seconded by Councilman Murray, after some discussion regarding the bill from Johnson and Williams on preliminary engineering in connection with the application for taking water from the Potomac River, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $ 2,000 .00 - Johnson and Williams - Preliminary engineering in connection -with filing the application for taking water from the Potomac River. 1971 Bond Issue . 10,000 .00 - Johnson and Williams - Partial invoice on engi- neering services in connection with the design of Potomac Water Project . 1971 Bond Issue . 6 , 938 .05 - Southern Line Cleaning - Cleaning , inspection and repair of sanitary sewer lines . Utility Fund- Capital Outlay . 1 .80 - Exspeedite Blueprint Service - Printing for month of January . 1971 Bond Issue . • 50.00 - Dewberry , Nealon and Davis - Drawing for right- of-way acquisition - Phillips 66 . 1971 Bond Issue . 1 , 216 .00 - American Oil Co . for Sanitary Sewer Easement . . 1971 Bond Issue . On motion of Councilman Murray, seconded by Councilman Wallace, and after a great deal of discussion regarding the pros and cons of this method in lieu of a regular Performance Bond for physical improvements, the following resolution was adopted by a roll call vote of 6 to 1, with Mayor Rollins voting against it: WHEREAS, Green Acres Associates has deposited with the Town a certified check in the amount of $75 , 585 to cover physical imp: provements to Loudoun Hills Subdivision, Sec . 1, and • WHEREAS , Green Acres has been unable to obtain a Performance 'Bond to be substituted for the above check, and WHEREAS, Green Acres has requested the Town to place the $75 , 585 in a Savings Account , in order to draw interest, 09 MINUTES OF MARCH 8 , 1972 MEETING. - NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Treasurer be authorized to place the full amount of the check in Certificates of De- posit with First and- Merchants National Bank for a period of time that is estimated to be greater than the time esti- mated to complete the physical improvements at Loudoun Hills Subdivision , and BE IT FURTHER RESOLVED, that all interest realized from this investment shall accrue to Green Acres Associates . On motion of Councilman Titus, seconded by Councilman Pufnphrey, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that Dewberry, Nealon and Davis be authorized to make survey and prepare plans for the construction of a storm sewer from the intersection of Rt . 7 and Catoctin Circle to a point on Edwards Ferry Road in front of the Don Fisher property . Q• On motion of Councilman Pumphrey , seconded by Councilman Hill, the following resolution was offered: WHEREAS, the Town Council , at its meeting on October 13 , 1971, adopted a Policy for charging developers for their share of cost of off-site sanitary and storm sewer requirements , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that this cost shall be paid in full by the developer prior to the approval of the site plan or sub- division plan. Mayor Rollins moved to amend the above by adding to the first paragraph the words "the aforementioned Policy being adopted herein by reference . " This was seconded by Councilman Orr and unanimously adopted. The reso- lution, as amended, was then unanimously adopted. Town Manager Ritter was asked to see that this resolution is , in some way, made a part of the book containing the Policy Guidelines . 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 the Town Manager be authorized to advertise for bids on "Refuse Collection" for a two-year period, beginning .July 1 , 1972 . On motion of Councilman Pumphrey , seconded by Councilman Orr, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that Dewberry, Nealon and Davis be authorized to make survey and prepare plans for a sanitary sewer to serve houses on the north side of Rt . 7 , between Ayr Street and Morven Park Road. Councilman Pumphrey said he would like to acquire the corner at the same time in order to extend Morven Park Road across Loudoun Street . On motion of Councilman Titus , seconded by Councilman Wallace , the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that Performance Bond in the amount of $11,050 be approved to cover physical improvements at Exeter Square , and BE IT FURTHER RESOLVED, that application to extend water and sewer lines to serve these town houses be approved. 110 MINUTES OF MARCH 8 , 1972 MEETING. Councilman Pumphrey presented a Petition , which had been forwarded to him by the Planning Commission, from some of the residents of the area. This Petition objected to any further building in the area until the storm drainage problem could be remedied. He said there has been only one rain since this line was cleaned and the ground was frozen hard at that time . Councilman Hill reported on his findings at the Sewer Plant during a particularly hard rain recently, which figures corroborated his feelings that water is running high in some of the manholes in Town. He asked that Mr. Ritter endeavor to check on the flow in the manholes . Mr. Ritter said they checked the line in question and found very little flow in it , so they feel that this problem has been corrected in this area . They also checked the line below this one and found that, with each manhole , the flow got progressively worse and there are no sewer connections in this area . He thinks we should concentrate on this line next . They also checked and found a good deal of water from King Street back to the Town Shop. Councilman Murray said it has not been too long ago that a County complex in this area was discussed. The Utility Committee said , at •that time, that there was no storm drainage problem in this area . He wondered how this development would compare with one as large as a County complex , which would have parking lots , etc . Councilman Pumphrey said he wanted it understood that the first time these people are flooded, something will be done by the Town. Councilman Hill said if this line does not do this time, then the Town will have to put in a line that will . A roll call vote of 5 to 2 adopted the resolution above , with Councilmen Pumphrey and Orr voting against it. On motion of Councilman Murray, seconded by Councilman Wallace , the following resolution was offered : WHEREAS , the offer of James H. Monroe, et al, to purchase a portion of Potter 's Field was referred by Council to the Finance Committee for report and recommendations , and WHEREAS , after due consideration of the offer, the Committee • has determined that it cannot make such report and recommenda- tion until the answer to certain questions has been secured, and proposed to the Council that the following resolution be adopted by the Council: BE IT, THEREFORE, RESOLVED, that with regard to the offer to purchase a portion of Potter 's Field, the Town Attorney be and he is hereby directed to forthwith advise the Committee to the extent possible his reply to the following questions : 1 . Can a decree lie obtained in the pending suit which will approve the sale and utilization of the entire net sales pro- ceeds for other public purposes by the Council, pursuant to Section 57-39 of the 1950 Code of Virginia , as amended? 2 . What steps will be decreed by the Court, if the sale is approved, to disinter such remains as are found and just how reinterment will be accomplished ; whether the Court will per- mit the purchase of one lot in a cemetery sufficient to re- ceive all the remains, or must a series of lots be purchased; what markers would be required and an approximate estimate of the costs involved , and whether any of the proceeds will have to be escrowed to provide for the burial of paupers , or could the Order provide for such future burials by the Town from its General Fund if the net proceeds are used for other public purposes? Councilman Wallace explained that the two questions to be answered by the resolution above are preliminary to an appraisal . Councilman Murray said it is hoped that this will also be of benefit to those people present concerning the sale of this property. They feel very strongly that they should have the answers to these questions before any offers to buy the land are entertained . Mr. Sumney, representing the Monroes , said that they understand there are complications and they feel the Town will let them know as soon as they can determine the ans- wers to these questions . They are satisfied to leave the offer on the table until these questions are answered . Councilman Orr pointed out that a common grave was used in 1942 when there was an air crash, so this would not be unlikely . The resolution above was then unanimously adopted . ? � ': MINUTES OF MARCH 8 , 1972 MEETING . On motion of Councilman Orr, seconded by Councilman Wallace; the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that $1,000 be appropriated to pay Thomas Balch Library, in accordance with their letter of February 25 , 1972 . On motion of Councilman Orr, seconded by Councilman Wallace, the following resolution was unanimously adopted : RESOLUTION OF GOVERNING BODY OF APPLICANT Resolution No . Project No. WS-VA-79 Resolution authorizing filing of application with the De- partment of Housing and Urban Development, United States of America, for a grant under P.L. 89-117 . WHEREAS , pursuant to P .L. 89-117 the United States of Ameri- ca has authorized the making of grants to public bodies to ,e aid in financing the construction of basic water and sewer CD projects : 42 NOW THEREFORE, BE IT RESOLVED by the Town of Leesburg 1 . That Kenneth B . Rollins , Mayor, be and he is hereby au- thorized to execute and file an application on behalf of The Town of Leesburg with the Department of Housing and Urban Development, United States Government, for a grant to aid in financing the construction of the Potomac River Water Sup- ply Project, and an assurance of compliance with the Depart- ment of Housing and Urban Development regulations under Title VI of the civil Rights Act of 1964. 2 . That James W. Ritter, Jr. , Town Manager, be and he is ' hereby authorized and directed to furnish such information as the Department of Housing and Urban Development may rea- sonably request in connection with the application which is herein authorized to be filed. On motion of Councilman Titus , seconded by Councilman Wallace, the following resolution was offered: WHEREAS, the Leesburg Subdivision Ordinance provides that a tract of land may be divided without complying with the Ordi- nance upon approval by the Town Council, provided that : (a) no new street is required (b) the land so divided conforms with the Master Thorofare Plan for the Town of Leesburg and is not in conflict with the general meaning and purposes of the Ordi- nance (c) such exception shall be first submitted to the Plan- ning Commission for its recommendation to the Council', and WHEREAS, a plat of Resubdivision of Lots 114, 115 and 116 of Lowenbach Subdivision was submitted to the Leesburg Planning Commission by William Chamberlin on March 1 , 1972 , and WHEREAS, the said plat was considered by the Leesburg Plan- ning Commission at a regular meeting held on March 2 , 1972 and found to comply with the above provisions , and WHEREAS , the said Commission recommended to the Council for the Town of Leesburg that the plat be approved, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg , Virginia, that the plat of Resubdivision of Lots 114, 115 and 116 of Lowenbach Subdivision , prepared by DeLash- mutt Associates , Certified Engineers and Land Surveyors , be and the same is hereby approved for recordation in the Clerk ' s Office for Loudoun County, Virginia , and BE IT FURTHER RESOLVED, -that the Clerk of the Council be and she is hereby authorized and directed to affix her signature to the said plat as evidence of said approval . t 2 MINUTES OF MARCH 8, 1972 MEETING. Mr. Forbes sake he received a telephone call from Mr . Chamberlin this afternoon andfrequested that this matter be deferred until the next meeting . He has been unable to obtain signature on the plat . On motion of rouncilman Murray , seconded by Councilman Orr, the above resolution was unanimously tabled until the next meeting . Col . Orlo Harkness , President of the LEICA Association, presented a written document , outlining just what is planned for the Recycling Center to be located next to the ABC Store in Virginia Village to col- lect , bottles , cans , etc . for purposes of recycling . Councilman Wallace was concerned over this in the summer for fear it would draw flies , etc . Col . Harkness said this would be policed by members of the Committee and, if it presents any problems , it will be removed on notice from the Town of complaints . Councilman Hill suggested that the Town be carried as an additional insured under their liability policy . On motion of Mayor Rollins, seconded by Councilman Orr, Council voted unanimously to adort the following motion : The Loudoun Environmental Improvement Citizens Association shall be permitted to locate a recycling center on the prop- erty presently owned by Mr. John Ours , adjacent to the Alco- holic Beveral Control Store in Leesburg, for the purposes, outlined in their letter dated March 8, 1972 . Mr. David N. Rust, III and Mr . E . William Chapman again appeared before Council with regard to an Agreement between the Tiffany heirs and the Town for storm drainage through their property on Route 7 . Mayor Rollins stated that a great deal of time had been spent by the members of the Utility :ounuittee on this matter , both before and since the last Council meeting . Copies of a proposed Agreement prepared as a result of a meeting of the Utility Couuuittee last night , as well as copies of a letter from Mr. Chapman with regard to this Agreement , had previously been distributed to all Council members . Discussion on this matter ensued for approximately two hours , with Mr. Chapman elaborating on the points they wished to change in the Agreement and Mr. Rust ac- cusing the Town of poor administration of its Policy Guidelines . Mr. Ritter pointed out that there is nothing in the Policy Guidelines to make a developer pay his proportionate share of off-site sanitary sewer and storm sewer costs , this is why the resolution 1,as adopted tonight requiring this to be done prior to approval of plans . Council- man Pumphrey said he could not understand why Council has gone into this storm drainage problem when , actually , the Town is interested in only a sanitary sewer easement at this time . He said the Council has tried to work with Mr. Rust on this matter, but it cannot go on for months and hold up the entire project . Mayor Rollins said that he will not be a party to any Agreement whereby the Town will pay a stated amount of money at any time . All the Council can do is enforce the Ordinances the Town has adopted. He reminded that just a year ago there was no means of helping people in the position of Mr. Rust at all , and they are trying to enforce these Policy Guidelines to the best of their ability . Also brought out in the discussion was the fact that Mr. Rust had obtained from Dewberry, Nealon and Davis a drawing of the watershed in which his property is located. Mr. Ritter said he was advised today that the Town should have the entire map with all of the information regarding the study being done by Dewberry, Nealon and Davis on the watersheds in the Town within the next several weeks . Councilman Orr left the meeting at this time . It was finally agreed by the Council members that they would go along with the changes recommended by Mr. Chapman in Paragraphs 2 and 3 , with the Town agreeing to collect off-site storm drainage con- struction costs at the rate of at least $984 .00 per run-off acre, in accordance with the Policy Guidelines . It was also agreed that there would be no time limit in connection with the disbursement of the funds so collected, and that the total to be paid to Mr. Rust would not exceed the amount of $45 ,000 . Mr . Chapman is to redraw the Agreement for presentation to the Council again . Mayor Rollins stated that he did not want this Agreement to vary one bit from the Policy Guidelines . I. i3: - MINUTES OF MARCH 8, 1972 MEETING. On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted :. BE IT RESOLVED by the Town Council of the Town of Leesburg, that Dewberry, •Nealon and Davis be authorized to advertise for • bids to be received -on- April -17 , •1972 at 2 :00 .P.M. , on the Douglass Sanitary Sewer. . There being no further business , the meeting adjourned at 10 :55 P.M. 111 • Mayor ACYs c- /(. ✓ lezn. J • Clerk _ the Council • • 0 .