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HomeMy Public PortalAbout1972_04_12 1 :1 MINUTES OF REGULAR -MEETING OF LEESBURG TOWN COUNCIL, APRIL. 12, 1972. A regular meeting of the Leesburg. Town Council was held in the Council Chambers, lO 'West Loudoun Street, Leesburg, Virginia, on April 12, 1972 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 and C. Terry Titus ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman John A. Wallace, Jr. • The Minutes of the regular meeting of March 22, 1972 were approved ' as written. • Mr. Fred A. Meyer, representing the Loudoun 'County Rescue Squad, presented plans for the. proposed building to be erected on the old Sewage Treatment Plant site given to the Squad by the Town. It was explained that the: proposed building will house at least 8 vehicles and is estimated costef,treraround. $160,000 .to $180,000. He said the day is fast approaching when it will be necessary to have .crews on the job 24 hours a day, particularly in the evening hours and, since .this is- the case, - it- is felt that a bunk .room and game room. should be pro- e,. vided in order to furnish sleeping_ facilities and. recreational facili- ties for those who have to spend the night there. There will be a meet- ,� ing room which will have about 1500 square feet of space and this will i not necessarily, be restricted to Squad use. They have five vehicles a . now, including the crash truck, and are negotiating for one or two more, .=. . one of which will be housed in Leesburg. They will- be using just about every bit of space available for the building. itself andwill have a driveway coming into the building from the right side and an exit from - . the left. This utilizes so much. of the space that there will be no grass strips beside the driveways. There -will be parking for only about 20 to 23 cars and they asked the possibility of acquiring more property in the rear for parking. . This was discussed, with Mr. Ritter stating that he knew-of nothing this would be used for by the Town unless it were filled in. It was pointed out that it would have to be filled to. use it for parking and there is only about 100 feet between the rear of their prop- ' erty and the Creek. Mayor Rollins suggested that they have a plat drawn up showing the extra property they desire and present it to Council. Mr. Meyer also asked if any more thought- had been given to the possibility of the Town making the remainder of this tract of land into a park, with the Rescue Squad overseeing the upkeep of it. Nothing has been done about this, and Mr. Ritter pointed out that a lot of fill would have to be put in, we would have to get rid of the sludge in the filter tank and tear down the filter beds before this could be made into a park. . The largest cost would be removing the sludge, which could be $8,000 to $10;000. As to the filter beds, we would. have to get someone from Arlington or Fair- fax to do this work. A lot of people haul fill dirt there- and the Town takes the dozer down there and smooths it off. • Town Manager Ritter reported the following: (1) The $1,000 supplemental appropriation for Repairs and Sup- plies Sakes a total of $4,500. This is accounted for by repairs made to our rental properties on Loudoun Street and, also, the' rental of the Xerox equipment came out of this . It had been included- in the Budget under 'Capital Outlays, but should have been under Other Services and Supplies: • • (2) The other $1,000 supplemental appropriation to Advertising and Printing includes some maps ordered-by Mr. Moody, and which had I not been anticipated in preparing the Budget. 'This makes a. total of $3,000 in this item. . (3) The $4,000 appropriation to David Rust is necessary for the storm sewer easement which is to be delivered tomorrow by Mr. Rust. (4) The investment of $20,000 of. the Airport Fund in Certificates of Deposit can safely be done for 90 days. :We have $35,000 cash on hand in this fund and $20,000 in Certificates Of Deposit due on June 23rd. We have a Bond payment in the amount of $27,400 to make on July 1st. X22 MINUTES OF APRIL 12, 1972 MEETING. (5) He has received a copy of a letter sent to HUD by Johnson and Williams. This letter encloses a draft of "Environmental Im- pact Statement, which HUD requested. We believe - this will be our final step before submitting our formal application for Federal Grant. (6) Renewal of our permit from the State of' Maryland to take water from the Potomac has been requested and granted for another year. (7) Bids were opened on the storm sewer from King Street to Church Street. There'was only one bid, that being from Martin & Gass, in the amount of $66,600. Dewberry, Nealon and Davis had estimated $36;020. The major difference is in the price of rock excavation, which they had estimated -at $25.00, and the bid was $100 a yard. This was dis- cussed by the Street Committee last' Friday, and it was decided to ask Martin and Gass to reduce their bid. This has been done,- but they are not willing Ito do this. However, 'they have' talked with three or four other contractors who have the plans, and they hope to get a cheaper price, but it is believed it will be higher than Dewberry; Nealon and Davis estimate. He said he does not believe $25 .00 will cover the . rock. One contractor called this afternoon and said it looks like a pretty tough job. They can't get in there yet anyway because the build--. ing contractor is- still in the way. We have the easement from Mr. Arun- del, but do' not have the one from' Mrs. Carr yet. N (8) . PerryEngineering is making good progress on the Hospital job.: . They are crossing Loudoun Street -with both storm and sanitary sewers and"' they not only have to cross the street, but they have to go up and down the street a ways, so one-way traffic will be maintained for several days more. We still have not reached an Agreement with Dr. Bastien. We approached him to pay $10,000 if we take it back to his rear property line. We will have to make a decisiononthis very soon. (9) The Hospital 's engineers have not yet submitted revised plans on the changes they wish to make. ' (10)c"::An the Phillips 66 20 ' strip of- land needed on Catoctin Circle, he called them today -to get an answer to his letter of March 2 wherein he had enclosed the , information they had 'requested -- a drawing ' showing how their entrances would be affected. They are very much con- cerned because their exit on Route 7 will- be pretty tight'•and this is some- thing we can' t do much about. If we take 20 feet .off; ' it will hurt them to some extent. (11) Bids will be received next Monday on the Douglass Relief Sewer Project. (12) We will start correcting the mercury seal situation at the Sewer Plant tomorrow. We will do a lot of this work with Town forces. This will probably' take about 10 weeks in all. There are two turntables to be taken out and the Water Control Board has said we have to wait about 20 days in between periods . (13) We should receive the Court decision on the Babson-Vandevanter case sometime this month. When this is settled, we can build the sewer line on Market Street between Ayr Street and'Morven Park Road. (14) The General Fund balance appears to be in pretty good shape, but we have to pay out $88,437 .50 in Bond Payments . in June. Our first payment on the $600,000 Bond is due at that time. - (15) The Cablevision was energized and put in service on March 30th with 58 families in Leesburg Gardens . Mrs . Griffen says they are very well pleased with it. They expect to have another 30 in by 'April ' 15th. (16) The offer on Potter 's Field by Petr-deum Consultants was just received about 4:00 this -afternoon. (17) He went "over 'some of the costs we are faced with on the proj - ects that are planned to come out of the 1971 Bond Issue. It looks like we are going to have to eliminate some of the projects we have figured on - they would cost a little over $1,000,000. Six projects have been added since the inception of the Bond Issue and three of them have gone up $72,000. We will have to give very close study to this. 12 3' MINUTES OF APRIL 12, 1972 MEETING. Mayor Rollins asked the status of the Potter ' s Field case. Town Attorney Martin said it would take a long time to complete it in Court and referred to the contents of his letter to Council of March 29th. He has talked to a Title Company and they might insure it. There would be no trouble with the other two parties - they would be very agreeable if they could get a Decree stating that they get their respective pieces of land. He believes the Town can sell the portion that is actually Potter 's Field and give good title to it, however, he thinks Council should make a decision as to whether they want to accept one of the two offers made for the purchase of this land. He would have to amend the Bill of Complaint after an offer has been accepted. Mayor Rollins asked the Laws and Administration Committee to take up these two contracts and report back to the next session of Council which, if either, contract they would recommend accepting. There was also some discussion as to who would be responsible for moving the grave sites . Mayor Rollins also asked the status of our final Federal Grant pay- ment on the Sewer Plant. Mr. Ritter reported that he received a call last week, stating that they do have our application and are working on it. This would be about $118,000 and he sees' no reason why we should not get d' this . Mayor Rollins said he thinks this money could go in the General O Fund since it was a General Obligation Bond. Councilman Titus reported that amendments to the Subdivision Ordi- nance requiring improvements on existing streets and a new Ordinance on underground utilities is being studied by the Planning Commission. Also, a preliminary plat for 108 houses has been presented by Huntiand Homes and has been referred to a committee of the Commission. He asked Mr. Forbes to explain what is going on with regard to the flood plain study. Mr. Ibrbes said that the Division of Water Resources has entered into an Agreement with the Department of Agriculture Soil Conservation Service, who can give the Town essentially the same study that the Corps of Engineers could. ' However, the Division has made application to both bodies . At a meeting he attended in Richmond last week, a representa- tive of the' Soil Conservation Service led him to believe that we have a very good chance of having this work done since we are the one and only application. Councilman Titus asked if anything has been done about silt control, with regard to adopting an Ordinance requiring this to be placed on the preliminary plat. Mr. Ritter said nothing has been done about this. Mr. Forbes said the Subdivision Ordinance provides that a statement be made on the preliminary plat that soil erosion measures will be taken be- fore any grading, clearing or grubbing takes place. Mr. Titus said this is not silt control though and he wants to see a silt control ordinance. . Mr. Titus.. also asked why the storm sewer on Edwards Ferry Road has not been finished, or at least barricaded. He thinks the Town should protect the people on this road and that it should either be barricaded or covered, even though it is behind the curb. Mr. Chaves explained that the box isfinished but the cover is not on yet. Mr. Ritter said this will be taken care of. Councilman Pumphrey asked if Bo Noyes has been in to see Mr. Ritter. He said he is desperate for this sewer line, that he has sewage coming out of his septic tank, along with a terrible odor. He is wondering if the Town might dig a hole and he would' buy rock to put it in as a tem- porary measure. Mr. Ritter saidhe has not been in, but he thinks the Town can help him on this, however, he will have to pay for the rental of the equipment to dig the hole. Mayor Ibllins asked the location of this proposed sewer line. Mr. Ritter said it will come from a manhole across the street on the Vandevanter and Babson land. We are waiting for a Court decision, which is suppo ¢¢lto be made in April. They will have to cross Market Street, and thi�Lause a traffic problem. It might be possible to maintain one-way traffic , with two flagmen. The line will go west in the ditch line on Route 7 and catch three houses, both the Noyes ' houses and Mrs . Paul's. 124 MINUTES OFAPRIL12 , 1972 MEETING.-- On motion of Councilman Murray, seconded by Councilman Orr, the following resolution was unanimously adopted: • BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $ 1.80 - Exspeedite Blueprint Service - Printing for February - 1971 Bond Issue . 50.00 - Dewberry, Nealon and Davis - General Engineer- . ing Services , week ending 3/3/72 - Utility Fund. 287 .50 - Dewberry,. Nealon abd Davis - Bo-Noyes Sewer Survey - Location and Design 1971 Bond Issue . 1,273 .75 - Dewberry, Nealon and Davis - Design, Drafting and Stakeout of Fisher-Bishop Storm Sewer - • 1971 Bond Issue . 2 ,215.00 - Dewberry, Nealon and Davis - Storm Sewer Design from King Street to Loudoun Street - 1971 Bond �. . Issue . 1,000.00 - Other Services and Supplies - Repairs and Sup- plies - Supplemental Appropriation. 1,000.00 - Other Services and Supplies = Advertising and Printing - Supplemental Appropriation. On motion of Councilman Orr, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the ,Town of Leesburg, that the following appropriation be made : $4,000.00 - David- Rust, et al for Sanitary Sewer Easement - 1971 Bond Issue . 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 the license for Circus on May 11, 1972 be waived, spon- sored by Leesburg. Volunteer Fire Department. 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 the license foi Little League Carnival; sponsored by Central Loudoun Little League, be waived. On motion of Councilman Murray, seconded by Councilman Orr, the following resolution was unanimously adopted BE IT RESOLVED by the Town Council of the Town of Leesburg , that $20,000 bf the Airport Fund be invested in Certificates of• Deposit' for 90 days . Mr. Ritter explained that this would be done oh a proposal basis, ver- ba l ly. , On motion of Councilman Hill, seconded by Councilman Pumphrey, the following' resolution was offered : ,' BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following be• inserted in the "Policy Guidelines for Off-Site Drainage and Storm Sewer Requirements" on Page iii, following last paragraph: "The agreement between the Municipality and the Owner and/ or Developer shall become null and void ten (10) years from date, and the Municipality shall retain all right, title and interest to the aforesaid storm sewer." 125 MINUTES OF APRIL 12 , 1972 MEETING. Mr. Ritter explained that this has been discussed by the Street Com- mittee . This wording is contained in the sanitary. sewer statement concerning off-site reimbursement, and it is felt that we should have the same language in the storm sewer statement. Councilman Titus said he does not think this policy makes sense as it is, and that this refers back to the Agreement just signed with the Rust heirs on. storm drainage. On motion of Councilman Titus , seconded by Councilman Pumphrey, the above resolution was .unanimously tabled. On motion of Councilman Titus, seconded by Councilman Pumphrey, the following resolution was placed on the floor for discussion: BE IT RESOLVED by the TownsCouncil of the Town of Leesburg, that approval be given Leesburg Village Apartments for ex- tension of water and sewer lines . On motion of Mayor Rollins , seconded by Councilman Murray, the above resolution.was tabled until the off-site sanitary and storm sewer fees have been paid in to-to. On.motion of Councilman Orr, seconded by Councilman Murray, the Gfollowing resolution was offered: • L BE IT RESOLVED by the Town Council of the Town of Leesburg, a that approval be given Loudoun House Apartments for extension p of water and sewer lines. • On motion of Mayor Rollins , seconded by Councilman Murray, the above resolution-was also tabled as the one above. On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was offered: WHEREAS, the Leesburg Subdivision Ordinance provides that a tract•tof land may be divided without c applying with the Ordi- ' nance. upon approval by the Town Council, provided that: (a) no new street is required; (b) the land so divided con- • forms with the Master Thorofare Plan for the Town of Lees- burg and is not in conflicttwith the general meaning and pur- poses of the Ordinance; (c) such exception shall be first . sub- mitted to the Planning 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. Mr. Forbes explained that this would correct the lot line on one duplex built by Mr. Whitmore sometime ago (where the party wall was missed by 6 inches) and corrects the lot line on another lot, as well, thereby making 4 lots out of 3. This meets all the requirements of the Ordinance and has been recommended by the Planning Commission. Councilman Titus asked if he would not be required to pay off-site sanitary and storm sewer costs on these lots . Mr. Ritter said this part of the subdivision 126 MINUTES. OF APRIL 12 , 1972 MEETING. was approved by Council about 8 years ago, therefore, off-site costs would not apply. Mr. Forbes also explained that this is an old es- tablished subdivision and none of the streets have curb and gutter. Mayor Rollins asked what we will do about curb and gutter on Mr. Whit- more 's side of the street when K & M builds the curb and gutter on their side. Mr. Ritter reminded Council that the Town had agreed several months ago. to build its share of the street and the curb and gutter on that side. There was a great deal of discussion regarding this, particularly the fact that the Town will be building the street and curb and gutter for Mr. Whitmore 's advantage. Mr. Forbes pointed out that, if this is not approved, whoever buys these lots could not sell them off individually and would have to go before the Board of Zoning Appeals to have this approved. He said Mr. Moran of K & M is waiting to put in this street until he can buy the other double lot and foundation from Mr. Whitmore. A roll call vote on the above resolution defeated it by 3 for and 3 against. However, discussion still continued regarding sidewalk, curb and gutter in this entire area , with the suggestion that owners in this area be asked for a contribution towards such construction. It was pointed out that there would be a utility strip on-Mr. Whitmore 's side of the road, but the sidewalk would not have to be built at this time. Mr. Forbes also pointed out that this is a public right-of-way, which was dedicated in 1929; also that the Town actually opened this road in order ,' to get to the Phillips-Nickels Well. On motion of Councilman Titus , sec'- onded by Councilman Orr, Council voted unanimously to reconsider the resolution. On motion of Councilman Murray, seconded by Councilman Pum phrey, the resolution above was then adopted by a vote- of 5 for and 1 _ abstention, that being Councilman Hill. Mayor Rollins asked Mr. Ritter if he had the figures due on the off-site sanitary and storm sewer costs on Leesburg Village and Loudoun • House . Mr. Ritter said he did not have them with him, but Leesburg Vil- lage has been billed four (4) : times and Loudoun House twice. Town Attorney Martin recommended that the Coundil petition the Court for early entry on the Vandevanter-Babson land, otherwise it might be six months to a year before any action -is taken on this . - The Town would have to pay for the easement later, depending on what the Court decides . Mr. Ritter said both parties are agreeable to the easement. Mayor Rollins instructed Town Attorney Martin to petition the Court for- early entry across the Vandevanter-Babson land and Councilman Titus sug- gested that a letter be written to both parties , stating that this is be- ing done due to an emergency situation. On motion of Councilman Murray, seconded by Councilman Orr, the meeting was adjourned at 8:55 P.M. 1;4-2.2.12) ./y_ as-, Mayor at „,- . Clerk ofhe• Council U • • I