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HomeMy Public PortalAbout1972_03_22114 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 22, 1972. - A regular meeting of the Leesburg Town Council was held in the Council Chambers; 10 West Loudoun Street, Leesburg, Virginia, on March 22, 1972 at 7 :30 P.M. The meeting was called to order by the Mayor with a prayer. Those present were : Mayor Kenneth B. Rollins, Council- men G. Dewey Hill, Walter F. Murray, Robert A. Orr, C. Terry Titus, John W. Pumphrey 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 March 8, 1972 were approved as written. Town Manager Ritter reported as follows : (1) With regard to the resolution authorizing bids for the _ construction of the storm sewer through the property of Lesluke Corporation and the Loudoun Times-Mirror, from King Street to Church Street, he has been trying to set up a meeting with Mrs . Carr. Mr. Chaves met with Mr. Arundel and they are requesting a waiver of the sewer connection fee and availability charges for the new building the Times-Mirror plans to erect as consideration for the storm sewer ease- ment. This would be approximately $800 loss to the Town. The reso- lution regarding this waiver is not from the Committee, nor is it a recommendation from him. In fact, he would suggest that, if this is considered tonight, the request be denied. It is planned to open bids next Monday for this storm sewer construction. (2) The annual Budget is being prepared and will be presented to Council at the regular meeting on April 26th. (3) The plans on the Blue Ridge storm sewer project have been received from Dewberry , Nealon and Davis . Also, the map showing the drainage areas in Town has been received. This will be used to de- termine the charges for off-site storm sewer construction. (4) The Easements have been drawn and have been mailed out, together with plats, on the Tuscarora Sewer and Dry Mill Sewer, which terminates in Wage Drive and Anne Street. (5) Perry Engineering began construction of the sanitary sewer on the Hospital project this week. (6) Bids will be received on April 17th on the Douglass Sewer. (7) We are still working with Dr. Bastien on his storm sewer ease- ment. We feel he should pay a portion of this cost and have written to him, but have not received an answer yet. (8) We are still working with Phillips 66 where we need an addi- tional 20 ' of right-of-way on Catoctin Circle. (9) During the recent rains, a thorough check was made of flow conditions in the sanitary sewer lines. Mr. Chaves and Mr. Hyatt raised the manhole lids on a number of lines where we suspected infiltration and a good deal was found. The line beginning in back of the Fire House up across Dry Mill Road and into Rock Spring Subdivision was one; also the line leaving Dry Mill Road that serves the Children 's Center and the line from Edwards Ferry Road at the Nazarene Church down through the field to Route 7. We will continue to make these checks. Dan Hyatt is preparing a map showing the location of the trouble spots. We expect to get Southern Line Cleaning back in here and this will be discussed further by the Committee . The break in the line next to the old Buick Garage was being worked on today. (10) He had written to the Water Control Board, requesting appli- cation forms for a Federal Grant on sewer expansion, but they replied that the application would not be considered unless the plans were pre- pared and the project was ready to go. (11) Johnson and Williams is working on the plans for the elimi- nation of the mercury seals at the Sewer Plant. We have written Diesel Electric and Pump in Baltimore for a price on converting the center col- umns from a mercury seal- to another design. Town forces will dismantle, deliver, pick up and re-assemble the two units. 1A 6 MINUTES OF MARCH 22, 1972 MEETING. - • . (12) On our request to the Highway -Department for "Truck Traffic" signs at the By-Pass,: the. Department replied that they could not re- strict truck traffic through Town, however, they have erected signs atboth the north and south approaches indicating the By-Pass. They felt this would be helpful. (13) At a meeting with HUD in Washington the other day in connec- tion with the•Potomac Water Grant, they gave Johnson and Williams some more forms to be filled out and to be reviewed by COG when completed. These have to do with an Environmental Impact Statement. In talking with Johnson and Williams, they have not yet completed these forms, and they do not think another meeting is necessary until the forms are ready to" go to them.. Mayor Rollins asked if any program has- been worked out yet concern- ing the removal of sump pumps and areaway drains from the sanitary sew- . er system. Mr. Ritter -said . the Committee has discussed how to best ap- proach this project. In the meantime, they are checking .these lines to see just where the infiltration is. They know they will have to make personal contact with the people to find out just what their prob- d' lems• are- - they think it will take. a house to house check. Mayor Rol- C lins also commended Mr.' Chaves and Mr. Hyatt for going out in the rain today to see where these problems originate. •Mayor Rollins also asked the status of Mr. Keyes . Mr.. Ritter said " the doctor still has not .turned him loose. He has a lot of compensa- tory time coming to him, so he is still being paid. Mr. Rollins said he would not like to see him cut off, he has been a long and faithful employee. Mr. Rollins said the Council would like. some -instruction regarding the -Potter's Field offer•. - Town. Attorney- Martin said he has -written op- posing Council to arrange a meeting on this. He had also hoped to see Judge Snead about this, to see what the Town. can use the proceeds for. Mr. Engle is working with him. With regard to the costs of removing the remains - somebody else is working on this,. he has not gone into this phase yet. Councilman Hill - asked Mr. Chaves if they have hada chance to check Harrison Street yet. Mr. Chaves said they checked it and it was running normal today. • Councilman Titus said hewould like to know who is enforcing the silt control ordinance . —He has noticed projects with no silt control - he cited those 'on Edwards Ferry Road, the Hospital Road and the subdi- vision off of Morven Park Road. He understands they are not required to have any silt .control at the time the preliminary plans are approved. He believes that, if a- lot of dirt is to be removed, there should be some sort of plan approved before the land is disturbed. Mr. Ritter said the Construction Plans provide for this silt control and they will check into this. • Also, Mr. Titus would like to. know how Leesburg Village apartments have the right to stock their mateiials so as to leave an open storm • sewer catch basin. This has been open through the last. two -week=ends and it would take- nothing to drive A car- into it. Councilman Pumphrey said they had flashers on this at one time, but they have been gone for the last couple of weeks. Mr. - Titus said' they should certainly not be allowed to stock their materials in the road. • He asked if we are getting anywhere on the Hospital Road right-of- way. Mr. Ritter said he has been assured that we will get this . Councilman Murray commented that he would hope we- would make a sur- vey regarding the sump pumps and areaway drains . It could be very pos- sible . that, if we knew each one that had. these inia given area, one con- tractoi' could do the entire job, thereby resulting in a saving to the individual property owners . He said someone told him that 75 per cent of the sump pumps in Town go into the sanitary sewer. He feels we should use as much cooperation as we can on this project. Mayor Rollins also asked that, when the sewer line goes up Wage Drive and Anne Street, the plumbers should be informed that they can't hook these things into the sewer line. Mr. Ritter said there is an Ordinance on the books against this and it is up to the County inspectors to see that it is enforced. Mayor Rollins suggested that our Inspector check this out, as well as the County inspectors . no MINUTES OF MARCH 22, 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 the license fee be waived on Carnival to be held by VFW the week of May 11. On" motion of Councilman Wallace,. seconded by Councilman Murray, . the following' resolution' was unanimously..adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the 1971 Bond Issue be reimbursed from- the $1.5 million • Bond Issue, when sold, the amounts of $2,000 and $10,000, ap- propriated on March 8, 1972 and paid to Johnson and Williams • for work on the Potomac Water Facility. On motion of Councilman Wallace, seconded by Councilman Murray, the following resolution was offered: WHEREAS; Green Acres Associates has deposited a certified check in the amount of $75,585 to' .cover physical improve- ments on Loudoun Hills Town House development, and WHEREAS, Green Acres Associates now wishes to establish an ' Escrow Account. in the amount of 1507. of the estimated cost of physical improvements; in order that $37 ,792:50 be in- vested by the Town in Certificates of. Deposit and interest ' be drawn to Green.Acres Associates; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that Green Acres Associates be permitted to establish an Escrow Account, provided a suitable resolu- tion is presented. to the Town establishing an "Escrow De- pository Account." Mr: Frederick Spain,. representing Green Acres Associates,: answered questions with regard to the development and said these units would sell for between $28,500 and $39,950. Financing has been arranged through Columbia Finance Co; in Washington, D. C; Mr. Ritter said • he will 'give them a copy of a resolution used before in- this type of account. Their attorney will prepare a resolution and it will come back to the next Council meeting for approval. Councilman Hill moved that this resolution be tabled at •this time, but_ this motion died for - lack of.' a second. Mr. " Spain said- they found that; in attempting to ob- tain a bond for these physical" improvements, it would cost them almost as much to get a bond from- the bonding company as they would have to put - up *ith the "Town.- 'They are now• in the position to break ground for the next 18 units to complete the first section, and it would be a great help if Council •would- approve the resolution as presented tonight, so they can release the $75 ;585 ' into a special account- in• order to pay the contractors their fees in order to proceed 'with the project with all due speed. Mayor Rollins asked about proposed recreational areas within the- project and Mr. Spain explained what they plan to do. along this line . He added that no swimming pool" is planned, but-they are considering ten- nis courts. The resolution above was then adopted: by a -vote of 6 to 1, • with Councilman Hill casting• the- dissenting' vote. On motion of Councilman .Murray, . seconded by Councilman Titus, the following resolution was• unanimously adopted after a. great deal of dis- cussion with regard to new construction by the Times-Mirror: 'WHEREAS, a 20 ' storm sewer easement. is needed from Loudoun Times Publishing Co. for the construction of a storm sewer from King Street to Church -Street, and • - • . WHEREAS; Loudoun Times has asked for the- waiver of. a sanitary sewer connection fee for a proposed sanitary sewer which it • plans to extend from its new building to Church Street, • 1 Y 7' MINUTES. OF MARCH 22, 1972 MEETING. - -. --- . - - • -- - NOW, THEREFORE,.:-BE..IT RESOLVED.by..the Town Council of the . " TOwn of Leesburg,-that this, request.-be .granted ,upon the . ._ .signing of the stona_sewer. easement. by the owner, Loudoun Times Publishing Co. Councilman Orr left the meeting• during the discussion on this reso- _ lution, therefore, was not •present to vote on it or any resolutions . thereafter. It was understood by Council that the "granting of a sewer connection would be afforded Mrs . Carr for the signing of an easement through her property as well. . On motion of Councilman Murray, seconded by Councilman Pumphrey, �, and after discussion concerning the. construction of" the proposed storm sewer' line, 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 receive bids on March .22, 1972. for the construction of Storm Sewer through the property of Lesluke Corp. and Loudoun Times-Mirror, be- tween King Street and Church Street. d' . p The Agreement between the Tiffany heirs and the Town for the grant- ro. ing of a sewer easement was again discussed, with Mayor Rollins feeling that future Councils should not be tied Cradown to an Agreement for a defi- nite amount of money for an indefinite time.., There was some feeling that this is true, however, Mr. Chapman, representing Mr. Rust, cited several sons for not making any further changes in the Agreement; also, the factt uture Councils could makpgagge �mpts with other landowners,. " if necessary, for .larger sums as the Ent of the land is increased. He also wanted' to be' sure that the-Rust heirs would'have something that . would stand up- in Court in case, in the future, -some means would have to be taken through the Courts in order tocollect these off-site storm drainage costs from developers. On motion" of Councilman Murray, second- ed. by Councilman Pumphrey, the following Agreement.was adopted by a vote of 5 to 1, with Councilman Titus dissenting, and Mayor-Rollins author- ized to sign said, Agreement.: THIS 'AGREEMENT,'.made .and. dated this 22nd day of March,' 1972, by and between the Town of Leesburg, State of Virginia, a mu- nicipal corporation, hereinafter referred- to-41s the Town, party .of the first part, and Joanne T. Rust and David N. Rust , III, her husband, and Betty -T.-Carteriiand Blaine Carter, her -. husband, .hereinafter referred to as Landowner, . parties of the second part. " • " - - - WHEREAS', the Landowner is the -fee simple -owner of a certain parcel of real estate situate within the Town of- Leesburg ; and -WHEREAS, the Town of. Leesburg desires to acquire an easement across the said property; and - . - WHEREAS, there are presently 83- undeveloped runoff acres in the watershed north of Route 7 . estabiished by the Town, of which this property is a part ;:and . .- - - - WHEREAS, it will be necessary, in order to provide off-site storm drainage, .to collect, prior to the.,approval of a site development plan or subdivision plan,' the off-site .storm drain- age fee,• in accordance with policy guidelines=presentlr in ex- istence;' and . " • WHEREAS, the parties hereto desire_ and'intend to establish their respective • rights and obligationsconcerning the- afore- • - mentioned` assessments. . . . " - NOW, THEREFORE; WITNESSETH THIS-AGREEMENT: " That- for- and in consideration of the granting of a certain sanitary sewer ease- " ment, the mutual covenants and agreements between the parties . • hereto, -and other-good -and valuable consideration, the parties agree as follows : 118 MINUTES. OF MARCH 22,- -1972 MEETING. - 1. .That. the sum,of Four .Thousand-Dollars- ($4,000:00) paid to the ,Landowner,at.:the time of .the',execution hereof, and .the re- lease .of . the.. existing. 10-foot .easement,.by the Town, .is .con- sideration for the granting of..a. 20-foot-sanitary sewer ease- ment across said property. 2. The Town agrees to abandon and 'vacate the 10-foot sanitary sewer easement presently existing• upon the property of -the Land- owner within 365 •days from the date hereof, or upon the comple- tion of the new sanitary sewer system across the property, whichever occurs first. The Landowner agrees to grant the Town a reasonable extension of time to .complete the said new sanitary _ sewer system in; the event' that 'the said system is not completed within 365 . daysfrom the date hereof, provided, however, that construction has been commenced _thereon and the failure to have the said. system completed is no fault of the Town . In the event that the said system is not completed as aforesaid and the Land- owner does not grant- the Town a reasonable 'extension of time as aforesaid, then, the .Town agrees to abandon and vacate the 20- • foot sanitary sewer easement granted by the Landowner simultaneous with the execution hereof. Landowner agrees to pay to the Town the sum of Four Thousand Dollars ($4,000.00) in the event that the Town abandons and vacates,- the 20-foot sanitary sewer ease- ment granted by. the Landowner simultaneous with the execution hereof. The Town 'further- agrees to execute, upon request of Landowner, - such documents as Landonwer deems necessary to ef- fectuate said abandonments. .. • 3. . The Town agrees to collect .off=site storm drainage construc- tion costs at the rate of at least Nine Hundred Eighty-four Dol- :lars . ($984.00) per runoff acre in accordance with policy guide- • .lines. adopted and. approved by' th'e Town Council on October 13, 1971 (with all:additions and amendments • thereto) , at the .per acre rate in the watershed north of Route 7' as a condition precedent to and prior. to the granting-of ,a site:development plan approval or subdivision plan. approval. In the- event that the said policy guidelines are declared null and void or' unen- , forceable by a court of record in the- Commonwealth of Virginia, then the Town shall have no obligation under this paragraph of this agreement. . 4. That the deposits so collected from the undeveloped acreage north of Route 7 , in the same watershed'where the Landowner's property is located, shall be held and distributed 'in accord- ance with the Town policy and guidelines for' off-site storm drainage,- with the Landowner, or their successors, receiving . upon completion of the -storm drainage structure through their property, fifty-five percent (557.) of the total amount collected at the rate of at least Nine Hundred Eighty-Four Dollars ($984.00) per Funoff. acre and -deposited in this account and 'this fifty-five percent (557.) of the total shall not 'exceed the amount of Forty- five. Thousand Dollars ($45,000.00) . This agreement shali inure. to the benefit of and be binding upon the heirs, assigns, personal representatives and successors in - interest- of the ,parties hereto. IN WITNESS_ WHEREOF, the said Joanne T. Rust and DavidN. Rust, . III, her husband, and Betty T. Carter and. Blaine Carter, her husband, have hereunto set their hands"'and 'seals ; •and the Town of Leesburg, State of Virginia, a municipal corporation, has caused this writing .to be executed -in its corporate name by Kenneth B. Rollins , its Mayor, and its corporate• sear to be hereunto affixed and attested by Dorothy Rosen, its. Clerk, said officers being duly authorized so to act as of the day, month and year: first hereinbefore written. • (SEAL) Joanne T. Rust " (SEAL) David N. Rust, III UM 119 MINUTES OF MARCH 22, 1972 MEETING. . (SEAL) • . :f' ` . . Betty T: . Carter, , , (SEAL) . . _ • Blaine Carter , - TOWN OF LEESBURG, State of Virginia, A Municipal,Corporation , By :,.. Mayor.,:, " ((SEAL)) ; : . . Affixed and Attested: • ay ._ . • : Clerk. - . • . . . . .. • On motion of Councilman Wallace,. seconded by Councilman Murray, _ the following resolution was .offered: - `p WHEREAS, a Cablevision- Franchise was granted to. Transamerican CD Airports, Inc. on March 11, 1970, and . L'] • • .WHEREAS., Sec. ;10 of the .Franchise. provides- that Transamerican Airports, Inc. shall have '24 months from the effective date of Q this Ordinance within which to erect, install and'energize its . ;system, .and . . . •. . . . WHERE , said .Fr ASanchise provides that "failure of, .the Company to erect, install and energize its system within- this..period shall be determined a breach by the Company and the Town shall have . the option to cancel the. rights given to . the Company by . said:rancse, an Fhi " d •WHEREAS, a representative of. Transamerican. Airports• , Inc.r,met I - with the .Laws and Administration Committee; of",the Town on March 20,, 1972 and was informed- by that , Committee, that they .had failed ,. to perform under the •terms of the Franchise, and . • . , WHEREAS, Transamerican .Airports, 'Inc._"informed . the aforementioned Committee of their plans , which included activation of the first _ phase of the system.,by March 31,- 1972, . . ._ - NOW, THEREFORE, BE IT RESOLVED by" the Town Council of the Town of Leesburg, that Transamerican Airports, Inc. be granted a . -. sixty . (60) day. extension .of., the time period• provided in 'Sec. 10of• the aforementioned Franchise- within. which to activate and connect users to said Cabletelevision system. Councilman;Wallace explained that Mr, Rawls met with the Committee and explained the reasons- for the .delay: in activating . this • system, as well • as their plans- for theimmediate.,future to activate the„system. They expect to hook up 88 units in Leesburg Gardens. Apartments„within the next 10 days and have agreements with both VEPOO and C `& P Telephone Co. for use •of their• poles, _ as wel_ l. as having erected an antenna at a temporary, location. . This. will be moved in the futureto. the top of the new Bank. building on ,S. _King Street: . Mr. ,Forbes askedif„this will be classified as a public utility. Town Attorney Martin said .he would think it would be. The resolution above was then unanimously adopted. ' On motion of Councilman Wallace, seconded by Councilman Murray, the following ,res olution.,was..unanimous ly adopted,: Ii ; . BE .IT RESOLVED .by .the Town Council ,of -the. Town, of .Leesburg, - - _ that the following appropriations;be made•: : • . _,. __ . ; $5,000.00 - Supplemental Appropriation to Utility Fund- . " ; i. - - Materials , $17,000..appropriated. throughr2/9/72 - . ._ $992 overspent as of 3/20/72,... . ” 2,000.00 - Supplemental Appropriation iorSewer Plant Mainte- • . • • . • nance.. .$5,000- appropriated .through 1/26/72. 120 MINUTES OF MARCH-22, 1972 MEETING'. • " •- • • Mr: Ritter explained-the costs involved in the maintenance of the Sewer Plant, and 'CbuncilmanTitus asked that he be kept advised as to what is bought. • " . On motion of -Mayor, Rollins, seconded by Councilman Pumphrey, Council voted unanimously that ' the resignation of John A. Wallace, Jr. from the Leesburg Planning Commission be accepted. Councilman Wallace nominated = Councilman Titus to• fill this position. This was seconded by Council- man Hill. Oh motien'.of'Counc'ilman Wallace, seconded by Councilman Pum- phrey, the following resolution was offered: WHEREAS, a vacancy exists in the membership of the Leesburg. , Planning Commission due to the resignation of Councilmanic_Mem- ber John A. Wallace, Jr. , and : t• ••' • '• WHEREAS, it is the duty of the Council - for .the .Town .of .Leesburg, 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' C: Terry 'Titu"s'be• and he-'isc hereby ap- pointed as a Councilmanic Member to -the Leesburg Planning Com- ' missioirfor a "term to be coex"tensiMe with his term of- office as a Councilman. On motion• of Coun'cil'man Murray, -seconded`by Councilman Hi-Fl-, the fol- lowing amendment was offered: ' AND BE IT FURTHER RESOLVED, that C. Terry Titu's 'be'-de`signated as the alternate Leesburg member of. the Northern Virginia Region- . al Planning District Commission; to serve at the' pleasure of the Council:' - ' • - ' "-' "-' CouncilmansTitus.:said he would beunable to 'serve" in this_capacity and, on motion of Mayor Rollins, seconded by Councilman Murray; the amendment was amended to insert the name of G. Dewey Hill in place of C. Terry •- Titus. -- The amendment •to theamendment•was ' then adopted by' a vote of 5 to 1,"with Councilman Hill ceeting ' the dissenting vote. : The amend- Sent was' •then:adopted by a' vote of- 5 'to. 1,' with Councilmen-Hill also casting the dissenting' vote on this motion. The resolution, as amended, was then adopted by a roll call vote of, 5. to 1, with Councilman Hill ' • casting the:dissenting vote; . andreading asfollows : " WHEREAS,.-a vacancy- exists inthe.membe'rship of- the Leesburg . ' Planning Commission due to the resignation of Councilmanic - • Member-John A.•'Wallace, Jr. ,'•and - - - • WHEREAS;`_."it is 'the •duty of the Council forithe Town`of ;Leesburg, - Virginia:to appoint" or reappoint: members• to`"the' said Commission, , NOW,-THEREFORE, BE IT RESOLVED_by_- the Council for the Town. of - Leesbuig,"Virginia," that: C. Terry-Titus be and he is hereby • • • appointed'"as a;Councilmenic Member to• the •Leesburg,Planning' ' Commission•'for a' term to "be coextensive with his term-of office as .atCouncilman, and- • . BE 'ITFURTHERC'RESOLVED, that C. DeweyHill be designz} as the alternate'Leesburg member" of the:Northern Virginia Regionals . • Planning District Commission, to setveat•.the :pleasure ;of the Council. _ � . r a ,•4ti , r These. appointments will take ,effect'immediately. "` ' " " Mayor Rollins expressed 'Ehe' appreciationof the-Council to •Councilman Murray •for- the time he has given to the Eighth Regional Planning Dis- trict Commission: Mr'. 'Mu2ray:'said" that representatives attending these meetings are entitled-:to mileage and .he•believes this Should be submitted at least every three months. . He suggested that Councilman Hill do this. v. Mayor Rollins 'asked Councilman Titus if=he could also serve on the Board of Architectural Review; -of•which -he is already a member, and he said he could do this. . On motion' of Councilman•.Murray, seconded 'by Councilman Hill, the meeting adjourned at 9:50 P.M. ote4t4...a. % "Ls,c /✓ eza,i Mayor Clerk of .the Council