HomeMy Public PortalAbout1972_05_24 1,4 0
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 24, 1972 .
. A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on May
24, 1972 at 7 :30 P.M. The meeting was called to order with a prayer
by Mayor Rollins . Those present were : Mayor Kenneth B. Rollins, Coun-
cilmen RxxftegnRktix Walter F . Murray, Robert A. Orr, John W. Pumphrey,
C. Terry Titus and John A. Wallace , Jr. ; also Town Manager James W. Rit-
ter, Jr. and Town Attorney George M. Martin.
The Minutes of the regular meeting of May 10, 1972 were approved
as written :
Town Manager Ritter reported as follows :
(1) He explained the appropriations needed.
(2) The reinvestment of the $50,000 in Utility Fund money can safely
be done .
(3) Blue Ridge Aircraft , Inc . has requested permission to place a
trailer on their land on a temporary basis , to be used as an office,
with no running water or sewer facilities .
(4) The Monroes asked us to invest their $5 ,000 check so it would
draw interest, but the Committee thought it best to return their check
and to extend their time to November 30th. In the meantime, perhaps it
can be decided what will be done about moving the graves .
(5) The Catoctin Circle-Blue Ridge Storm Sewer Project is ready to
go out for bids .
(6) It was found that certain language had been omitted in the
printing of the "Policy Guidelines for Off-Site Drainage and Storm Sewer
Requirements . " The new language proposed on the Agenda agrees with the
Council Minutes of May 12 , 1971 , which was the date of adoption of this
policy .
(7) With regard to the Master Plan for the Town, it is believed
that the letter referred to from Mr. Kirby states the position of the
State and Federal Government on "701" money .
(8) On the awarding of the trash contract, Herbert Randolph 's bid
of $51,000 was the low bid , with the provision that , if he has to go to
the County Landfill, it will cost $300.00 more per month. The Committee
recommends that this be done for a period of a year and, in the meantime,
they will give some serious study to doing this job with Town forces .
(9) Jack Williams will be here Friday at 11 :00 A.M. to discuss with
Mr. Forbes and him the water requirements for the new developments that
are coming up.
(10) He has received a letter from the Chief of Police, resigning
effective June 30th. He is receiving applications for a replacement.
(11) The Highway Department at Culpeper is going ahead with the
design of signs to be placed on Routes and 15 . These will read "Lees-
burg Airport. " They will not be up in time for Transpo 72 though.
(12) Plats have been received from Dewberry , Nealon and Davis on
the Fisher-Bishop Storm Sewer. There are six properties involved and
the Town Attorney is preparing the easement deeds .
(13) We are experiencing difficulty in obtaining the easements fo
the Tuscarora Sewer. Part of this trouble is due to the fact that we
are asking for a 15 ' easement in addition to the existing 20 ' easement .
Inasmuch as we are abandoning the existing 12" line , we will vacate 15 '
of the existing easement , which will leave us with a 20 ' easement . Dew-
berry, Nealon and Davis is changing the plats to show this vacation.
(14) The Highway Department has notified us that the traffic count
at Rt . 7 and Fort Evans Road will not justify a signal at this time.
However, they noted that development along Fort Evans Road is consider-
able and , upon completion , they will take another look at it .
14 !.
MINUTES OF MAY 24 , 1972 MEETING .
(15) The General Fund balance is $151,566 , however, $5,444 of this
is money collected on off-site sanitary sewer and will have to be trans-
ferred to the Utility Fund. The developers pay their off-site charges
with one check and it is put into the General Fund. Also, $13 ,264 of
this money has to be given to off-site developers , such as Mrs . Carr
and David Rust , when they develop their properties . $20 ,480 of this
money has been collected for future Town-financed storm sewer projects .
(16) On the Federal Grant application on the Potomac River Water
Project, HUD wanted another engineering report, involving about 30 pages,
and this has been completed by Johnson and Williams and will be hand-
carried to HUD tomorrow.
(17) Jack Williams will meet with the Street Committee on June 5th
to discuss the size of the water line from the Potomac . In discussing
the completion date on the plans for the facility, he thinks- it will
be the latter part of August before these plans are ready. He asked
about the fluoridation study and Mr. Williams said space will be pro-
vided for this in the Plant , but he did not have the cost figures with
him. Council will have to decide whether they want to put this in or
Cr not .
(18) Johnson and Williams expects to have the Water Distribution
y Study ready in August , which is on schedule.
Mr. Chaves
O Mayor Rollins asked Mr . Ritter and 3iian to have the sunken place
in King Street in front of the new Bank cut out and repaved. It has
been patched and sunk twice and is not holding up as is .
Mayor Rollins also asked that , in the future, Performance Bonds
and water and sewer extension requests in subdivisions be submitted to
Council at the same time in order that both may be approved before the
Planning Commission renders its approval on the final plat .
The Mayor also asked that Mr. Forbes schedule all public meetings
of the Planning Commission , Board of Zoning Appeals and the Board of
Architectural Review to be held in the Council Room, rather than in the
Town Office Building .
Councilman Wallace asked if the signs pointing to the Airport should
not read "Godfrey Field. " Mr. Ritter said they can read as the Council
would like them to, however, Mr. Rawls told him sometime ago that he felt
"Leesburg Airport" would be better suited for strangers .
Mr. Wallace also said he thinks consideration should be given to
taking the monies due developers out of the General Fund and setting up
a separate fund. Mr. Ritter said they are waiting on the auditors to
set up the new system .
Councilman Titus asked if Mr. Ritter has received an answer from
Mr . Babson on crossing his property for the "sewer line on West Market
Street . Mr. Ritter said Dewberry, Nealon and Davis is preparing the
plat and they will talk to him when they get it .
Mr. Titus said that he , Mr. Murray and Mr. Chaves had attended a
meeting of the Loudoun Soil and Conservation District on soil erosion
last week. They found it very informative. There is a definite need
for this type of thing and he would like to see the Town pursue this,
either in cooperation with the County or enforce their own ordinance.
He feels that, if we -don ' t do something soon, we will be in the same
position Fairfax County finds itself in now. Councilman Murray agreed
with this .
There was a lengthy discussion regarding whether -or not Council
should set a definite policy for potential developers seeking water
and sewer extension commitments outside the corporate limits . Also
discussed, in connection with this , was the capacity of the Sewer Plant and
when it would have to be increased, as well as the availability of water
to serve these developments . Mr. Ritter was very much concerned with
possible water problems in the summer of 1973 and 1974 before the new
Potomac River Plant will be completed. Mr . Forbes gave possible popu-
lation figures over the next two or three years , however, there are a
.142
MINUTES OF MAY 24 , 1972 MEETING.
lot of "ifs" along this line. It was believed that Mr. Williams should
be able to advise Council when they should apply for a grant to increase
the capacity of the Sewage Treatment Plant. Also discussed was the fact
that these developers would all probably have to build stand tanks to
take care of the water situation for a while . Mr . Forbes also pointed
out that a Master Plan would reflect all of these problems and would
dictate policy. It was the general consensus of Council that each po-
tential developer would be heard and considered on an individual basis ,
rather than set a definite policy.
Mayor Rollins called to the attention of the Times-Mirror repre-
sentative
the fact that the personal property tax rate was wrong in
last week ' s paper, it is not being changed and remains at $1.00 per
$100 valuation.
On motion of Councilman Murray, seconded by Councilman Wallace, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that Yount, Hyde & Co. be authorized to make the annual audit
for the Town of Leesburg .
On motion of Councilman Wallace, seconded by Councilman Orr, the
following Ordinance was unanimously adopted:
BE IT ORDAINED by the Town Council of the Town of Leesburg,
that Chapter 5, Elections , Section 5-1. Where held; voting
place, of the Code of the Town of Leesburg be and the same is
hereby repealed, and
BE IT FURTHER ORDAINED that the following be and the same is
adopted in the place and stead as follows :
Sec. 5-1. Where held ; voting place ; provision for and es-
tablishment of voting precincts .
There shall be two voting precincts in the Town of Lees-
burg,
one of which shall be the west precinct, and the other
the east precinct , the division line of which shall be King
Street, or Route 15 . All of the section in the town east of
the middle of King Street, or Route 15 , shall be in the east
precinct , and all of the section of the town west of King Street
shall be in the west precinct . The election of municipal of-
ficials and the voting place for such election in the west pre-
cinct shall be at the Leesburg Volunteer Fire Department Build-
ing , and the election of municipal officials and the voting
place for such election in the east precinct shall be at the
County of Loudoun Office Building in the Supervisor 's meeting
room. All of this shall be in effect until changed, and—is
adopted pursuant to Section 24. 1-92 of the 1950 Code of Vir-
ginia , as amended.
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 following appropriations be made :
$ 10. 18 - Supplemental Appropriation to pay interest on
$475 ,000 Bonds , due 6/15/72 .
14, 912 . 50 - Interest on $650,000 Bonds, due 6/1/72 ..
16 . 29 - Supplemental Appropriation to pay interest on
$900,000 Bonds , due 6/15/72 .
2,000 .00 - Materials - Streets (supplemental) .
200.00 - Police - Miscellaneous (supplemental) .
2 ,100 .00 - Other Services & Supplies - Insurance (supplemental) .
1 ,000.00 - Sewer Plant - Chemicals . (supplemental) .
143
MINUTES OF MAY 24 , 1972 MEETING .
On motion of Councilman Pumphrey, seconded by Councilman Wallace,
the following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that the Town Manager 's action be approved in reinvesting
$50,000 of Utility Fund due from Peoples National Bank on
May 20, 1972 , for a period of 120 days at 57 .
On motion of Councilman Murray, seconded by Councilman Wallace, the
following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Blue Ridge Aircraft, Inc . be authorized to place a trailer
on land leased by them at Leesburg Municipal Airport, on a tem-
porary basis , subject to any permits that are necessary from
Loudoun County .
On motion of Councilman Murray , seconded by Councilman Titus , the above
was amended unanimously to add after "basis ," "not to exceed six months
from date of issue , ". The resolution, as amended, was then unanimously
adopted, reading as follows :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
.y that Blue Ridge Aircraft , Inc . be authorized to place a trailer
on land leased by them at Leesburg Municipal Airport, on a tem-
porary basis , not to exceed six months from date of issue , sub-
ject to any permits that are necessary from Loudoun County.
On motion of Councilman Wallace , seconded by Councilman Murray, the
following resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that "Monroes" offer to purchase Potter 's Field be extended
six (6) months beyond the previously scheduled expiration
date of May 31, 1972 , and
BE IT FURTHER RESOLVED, that their deposit in the amount of
$5 ,000.00 be returned to them.
Town Attorney Martin said the title company says we will have to amend
the suit to bring in the Shreve heirs before we can get a clear title.
There is some writing in the old Deed that cannot be deciphered and they
won ' t take a chance on it . Councilman Wallace asked that Town Manager
Ritter have either Stanley Reed or Lawrence Muse to give us an estimate
of what it would cost to move the graves - he thinks they should take a
look at it and then come before the Committee . Councilman Titus asked
if there is any necessity to have this property appraised before we go
any further. Mr. Martin said to wait, he thinks that, sooner or later,
we will have to go to Legislature to find out what the Court can do re-
garding the sale of this land, he thinks it is a real problem. The above
resolution was then unanimously adopted.
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 Dewberry, Nealon and Davis be authorized to advertise
for bids for the construction of the Catoctin Circle-Blue
Ridge Storm Sewer.
Mr. Ritter said this is estimated to cost $45 ,000 . It starts in back
of the Nazarene Church and goes toward Catoctin Circle , then north to
Blue Ridge and east to the corner of Queen Street to get the catch
basins at several corners in there . It can be extended inTtNsfuture any
way we want to go - it is deep enough for this . Councilmantsaid he thinks
this is necessary, but it bothers him to put this in when we haven 't yet
gotten to the Fisher-Bishop storm sewer. Mr. Ritter explained that there
are some six easements to be gotten on this line yet and named them.
Councilman Hill joined the meeting at this time . Mr. Ritter went on to
say that, if all parties on this line agreed within a week, there would
be no reason why they couldn ' t go ahead and advertise, but some of these
people could object and we might have to condemn on some of them. The
above resolution was then adopted by a vote of 6 to 1, with Councilman
Hill voting against it .
144
MINUTES OF MAY 24, 1972 MEETING.
Mayor Rollins asked about the traffic and the storm sewer at the
corner of Catoctin •Circle and Route 7 . Mr. Ritter said he talked with
Dick Blackwell today and it is rather involved due to the fact that
there are a lot of underground utilities there. We would have to ad-
just some of the water facilities and some of the telephone conduit.
Also, we have not yet gotten the right-of-way from Phillips 66 . There
was some difficulty on the Deed and ..we - had several questions . We have
sent this information on to Phillips 66 to see if they can answer some
of these questions . Councilman Titus asked if we accomplish all of the
proposed project , will we have enough money in the $650,000 Bond Issue .
Mr. Ritter said we could not make it, however, there is a Federal Grant
payment of $119,000 due us which could be spent on some of this work.
On motion of Councilman Titus , seconded by Councilman Pumphrey,
the following resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that "Policy Guidelines for Off-Site Drainage and Storm Sewer
Requirements , " Page iii, be amended. Second paragraph to be
deleted, and the following inserted in its place :
"Where the developer chooses to either construct or provide
the funds for the construction of more than his proportionate
share of the downstream off-site drainage improvements so that
he may proceed with the improvement of his land without damag-
ing the properties of others, the Town will endeavor to collect,
on a pro-rata basis , any excess funds expended beyond his pro-
portionate share of the cost of such improvements from other
properties within the watershed served by such drainage improve-
ments , when such properties are developed within a period of ten
years from the date that the drainage improvements are financed
or constructed, and to turn these funds , without interet, over
to the initial developer or his assigns . "
Mr. Ritter explained that this is not a change, just the fact that
some of the language we adopted at the Council meeting was left out.
Councilman Titus asked if the Rust agreement was in accord with this
and Mr. Ritter said he did not believe it is . There was a great deal
of discussion regarding the time limit and, on motion of Councilman Orr;
seconded by Councilman Murray, it was unanimously voted to table the
above resolution.
Mayor Rollins asked if Leesburg Village and Loudoun House had ever
paid their off-site costs . Mr. Ritter said that they had.
On motion of Mayor Rollins , seconded by Councilman Pumphrey, Council
voted unanimously to take out of tablement and adopt the following reso-
lutions :
.(1) BE IT RESOLVED by the Town Council of the Town of Leesburg,
that approval be given Leesburg Village Apartments for extension
of water and sewer lines .
(2) BE IT RESOLVED by the Town Council of the Town of Leesburg,
that approval be given Loudoun House Apartments for extension
of water and sewer lines .
On motion of Councilman Titus , seconded by Councilman Murray, the
following resolution was offered :
WHEREAS, at its meeting on May 10 , 1972 , the Town Council of
the Town of Leesburg passed a resolution requesting Greenhorne &
O 'Mara to obtain a formal written reply from the State Division
of Planning and Community Affairs and HUD, on the Town 's appli-
cation for "701" money to assist in the preparation of a Master
Plan for the Town , and
WHEREAS, a letter has been received from Robert H. Kirby, Di-
rector of the .State Division, stating that Leesburg is not en-
titled to "701" money because these funds are only available
to places that are in nonmetropolitan planning districts,
145`
MINUTES OF MAY 24 , 1972 MEETING. - - -
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that the Planning Commission of the Town of Leesburg
be requested to consider working with the State Division on re-
ceiving technical assistance .
Councilman Hill wondered what Greenhorne and O 'Mara have. done for the
amount of money we .have paid them. Mr. Ritter. believed this has been
money thrown away, however, he thinks there was a breakdown of communi-
cation between Greenhorne & O 'Mara and the State . He explained his
trip to see Mr. Kirby and the ensuing correspondence. Councilman Murray
I
said he would check out the possibility of there being some supplemental
funds for this kind of thing when he attends the Northern Virginia Plan-
ning District Commission meeting . Councilman Titus said he intended to
see his representative - he thinkscAlnygsfafl to get money for this , it
should be channelled through this Dinpartmumt . He said the Chairman of
the Planning Commission feels that they have the ability to do this with
some help and they really want to do it. Councilman Hill believed Green-
horne & O 'Mara should be reprimanded for this . Mr. Ritter said he be-
lieved we should look at our contract with them and Councilman Wallace
said he would consider it terminated since we did not get the money.
d. Mr. Forbes said that , by this Resolution, the Council is instructing
1D the Planning Commission to ask the State to do the Master Plan , and he
'- considers the way they did it before was completely out of line. Coun-
'-L cilman Titus said they did one for the Town of Herndon - they sent one
^~1 man there and did it with the help of the Planning Commission and the
Council. .With respect to Greenhorne & O 'Mara 's contract, he does not
think they have been officially turned down - Joe Lake has been trying
to get an official letter from either HUD or the State Division of
Planning and all he has gotten is adverse answers. On motion of Coun-
cilman Titus , seconded by Councilman Hill, Council voted unanimously
to amend the resolution by adding a$xthexemi the following :in 'the last
paragraph after "Division ' : "and/or outside consultants". On motion
of Mayor Rollins , seconded by Councilman Wallace, Council voted unani-
mously to further amend the last paragraph by adding at the end the
I
following : "and that the Planning Commission make its recommendations
known to the Council within 60 days from this date . " Town Attorney
Martin said he thought we should see whether the Town is bound to the
contract with Greenhorne & O 'Mara , and Councilman Wallace believed Mr.
Martin should look into this contract. The above resolution, as amended
twice, was then unanimously adopted, with the last paragraph reading as
follows :
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that the Planning Commission of the Town of Lees-
burg be requested to consider working with the State Division
and/or outside consultants on receiving technical assistance,
and that the Planning Commission make its recommendations
known to the Council within 60 days from this date.
On motion of Councilman Titus , seconded by Councilman Orr, and
after a great deal of discussion with regard to the possibility of hav-
ing to use the County Landfill for disposal, the following resolution
was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that a contract be awarded to Herbert Randolph for one (1)
year, beginning July 1, 1972 , for the picking up and dis-
position of refuse from the Town of Leesburg, at a price
of $51,000 .00 per year, and
' BE IT FURTHER RESOLVED that, in the event. Jesse Randolph ' s
Landfill is closed, an additional $300.00 per month will be
paid Herbert Randolph for the use of the County Landfill.
On motion of Councilman Murray, seconded by Councilman Hill, the
meeting was adjourned at 9:00 P.M.
($_,_-rAdA.. get -7
4� Mayor
Clerk .' the Council