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HomeMy Public PortalAbout1972_06_12 146 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 14, 1972 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg , Virginia , on June 14, 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, C . Terry Titus and John A. Wallace, Jr. ; also' Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting were Councilmen Robert A. Orr and John W. Pumphrey . The Minutes of the regular meeting of May 24, 1972 were approved with one correction, that being in the center of Line 10, second para- graph, on the last page , change the word "Department" to "Commission. " Town Manager James Ritter reported as follows : (1) He explained various items on the Agenda , clarifying certain points that might be raised on several items . (2) Attached to the Agenda is a copy of a letter from Mr. Murray Rust, proposing settlement out of Court on the forthcoming condemnation case for land needed for the Potomac River Water Project . He suggested , that this be discussed in Executive Session and reported that Mr. Rust • had called yesterday and will call again on Friday. (3) The Town has received another offer to purchase Potter ' s • Field, which was discussed by the Committee last Tuesday. . These people are very anxious to buy this land and may be willing to pay the full costs of grave removal. Town Forces have cleaned the brush off the site and there are evidences of approximately 35 graves . (4) Bids are to be opened next Monday, June 19th, on the Dry Mill Sewer and the Blue Ridge Ave . -Prince Street Sewer. There has been a great deal of interest on these projects, with six contractors having picked up plans thus far. • (5) Construction of the Douglass Sanitary Sewer has begun and it is about 5 per cent- complete. (6) HUD is still showing interest in our application for the Federal Grant on the Potomac Water Project. They called today and wanted additional information and Jack Williams said this afternoon they call them twice a day . (7) He has been in touch with the Federal Water Pollution Agency on our final check on the Sewer Kant. They are waiting to schedule their final inspection along with another project in the area . (8) A question arose at the last meeting as to where money has been spentfrom the 1971 Bond Issue. The last financial statement shows K KK that about two-thirds has gone to Dewberry , Nealon and Davis . (9) Two sites have been selected for the water storage tank on the Potomac River Project and he would like to go over these with the Street Committee. (10) He has received a price from Southern Line Cleaning on inspec- tion and sealing sewer lines and this will be discussed at the next Com- mittee meeting . (11) We have still received no curd from Phillips 66 on the land acquisition we need. He wrote them on May 23rd, enclosing a letter from the Town Attorney . There are a series of leases and a deed of trust which has been assigned, so the land will have to be released from the deed of trust. He wrote them again on June 8th and will call tomorrow. This has probably been referred to their Legal Department, which might be in another State . . (12) There has been no word from Dr. Bastien or his attorney, who had inserted wording in the deed that would give them the right to tap into the storm sewer at no charge and he had explained our off-site policy, whereby they would have to pay certain costs for downstream im- provements if they performed any construction on their land. 147 MINUTES OF JUNE 14, 1972 MEETING . ' Mayor Rollins said that, with regard to the Murray Rust offer, the Committee has already decided not to offer any more money, so the case will go to condemnation . Councilman Murray said he did not believe it should be interpreted as being arbitrary, but they have gone up on ' their price by about 75 per cent . Councilman Hill believed it should be shown that Mr. Rust backed down on his offer. Mayor Rollins called attention to copies of the report from the Planning Commission committee , as well as the recommendation of the Com- mission, with regard to the rezoning application of Lesluke Corporation to rezone land on Edwards Ferry Road from R-1 to B-2 . He explained that this application has become involved in some legal technicalities . Even though the Commission has recommended denial, State Law dictates that the Planning Commission must ma act on rezoning Applications within 90 days after the first meeting when application is made . The Commission 's decision was made 92 days after this time , therefore , by operation of Law, the application would be approved. Also, another matter came up that few of the Council or the Commission were aware of, that being that an application for rezoning should be made to the Council first and re- ferred by that body to the Planning Commission. Therefore, this appli- yr' cation would be invalid. It is within the discretion of the Council to say whether or not they will even consider a rezoning application and, if they decide to consider it, then it must be referred to the Planning '7 Commission . In the meantime , a letter was received today from the appli- es Q cant, withdrawing the application at this time , but reserving all the rights pertinent thereto and reserving the rights specified in the rul- ing of the Planning Commission. The Commission denied this application without prejudice, which would allow the applicant to re-apply at any time , and they also recommended that any fee be waived. Mayor Rollins added that he understood they had almost reached a compromise situation. On motion of Councilman Titus , seconded by Councilman Hill, Council voted unanimously to permit Lesluke Corporation to withdraw its Rezoning Application ZM8 and to resubmit it without fee at any time. Councilman Murray said he hoped the Councilmanic member of the Planning Commission would get this message about the 90 day period over to the rest of the Commission. He added that the Chairman of the Commission could, in es- sence, by his action, have approved it. Councilman Hill asked if Council could approve this without prejudice. Mayor Rollins said it would have to start all over and it wouldbe up to Council to decide whether they wanted the applicant to reapply without fee . Councilman Titus said there was a great deal of confusion about the 90-day period and this is one reason the Commission denied it without prejudice and without fee. Mayor Rollins pointed' out that it would still have to go before the Council for Public Hearing. Councilman Hill said he had talked with Mr. Ritter about the possi- bility of extending the storm sewer project on Loudoun Street while they are working on the Hospital storm sewer. He made a few calls on people who have open ditches in front of their homes . He seemed to think this project could be brought to a complete conclusion if it were completed on up Loudoun Street about2350 feet, put a pipe in and grade it out to the sidewalk. Even though it is a hazard which has always existed, it should be done . Mr. Ritter said it has been worked up several ways, one of these being to take it the 350 feet using concrete pipe , which would cost about $3 ,000, or corrugated metal pipe at about $4 ,000. They know that it will eventually have to go all the way to Ayr Street, so it was figured that way too, at about $8, 700 for corrugated metal pipe and $7 ,000 for concrete pipe. This will be discussed further at' the next Street Committee meeting. He feels Dewberry, Nealon and Davis should be authorized to draw up the plans on this . Councilman Wallace commented that it was nice to see some 30 people in the audience tonight , where there are normally about 3 . He said he would like to see participation in the Council meetings on the part of the community , other than just for the special interest that brought them here tonight . Councilman Titus said the Planning Commission is contemplating com- prehensive planning for the Town and its environs and has requested two meetings per month during this time . They have agreed to do this , with one meeting being specifically for this purpose . It is hoped to set up the second meeting in July with a professional planner from Fauquier County to give them some technical and legal advice. 148 MINUTES OF JUNE 14 , 1972 MEETING. Mayor Rollins addressed the audience at this time , stating that he knew a lot of these people were here concerning the appointment of a Chief of Police. Many have contacted him about this . He said that , in the almost ten years that he has been Mayor, he has had more contact with the citizens of Leesburg on this issue than on any other, and he thinks it is good that the community is interested and concerned. He went on to explain the Law to those interested and present . The Town of Leesburg is governed by a Charter, which is made up by the State Legislature . The only law that is higher is the Constitution of Virginia or the Con- stitution of the United States . The Town Charter says the municipal manager shall appoint a Chief of Police and, once that appointment is made, it then becomes the duty of the Council to confirm it and, after that, he serves at the pleasure of the municipal manager, he can fire the Chief at will. He said he knows there are petitions being circu- lated among the citizens and much comment has been made to him, members of the Council and the Town Manager. He would have to rule that anyone who wished to address the Council on this point would be out of order, because there has been no appointment made for the Chief of Police. Once an appointment is made, then there will be a time period in which the Council will consider whether or not to confirm that person, and that is the time the people of Leesburg should make their wishes known to the Council. He said there is no vacancy in the position so far as he knows: at this time - one may or may mot become available . If one should become available, when the Town Manager makes his appointment, the Council could deny the appointment, in which case someone else would have to be appointed If Council confirms it , that is it. If there are any comments or peti—` tions , they should be presented at this stage to the Town Manager. He said he did not wish to deny anyone the opportunity to speak and they owe an obligation to the citizens to hear what they have to say, but he first wanted these people to understand the Law. The appointment is made by the Town Manager and subject to Council confirmation. When such appoint- ment is made , everybody will be heard fully as to their views before this body acts . A Public Hearing was held at this time on the Proposed Budget for 1972-1973 and the proposed tax rate . No-onelappeared either for or against it . On motion of CouncilmanWallace, seconded by Councilman Murray, the following Ordinance was unanimously adopted after Councilman Hill commented that he was for a little higher tax rate, that he was under the impression that the Town would be operating at a deficit, but he felt he could go along witch this , realizing the growth of the Town will help. He pointed out that7was for a tax rate of $1.05 , making a balanced Budget. Mayor Rollins said he was opposed to raising taxes , but commended Councilman Hill for his position: BE IT ORDAINED by the Town Council for the Town of Leesburg, that the following taxes be and they are hereby levied for the fiscal year beginning July 1, 1972 and ending June 30, 1973 for the support of the municipal government, the pay- ment of interest on municipal debts and other municipal pur- poses as follows : 1. The tax on all taxable real estate shall beat the rate of One Dollar ($1 .00) on every One Hundred Dollars ($100.00) of the assessed value thereof. ' 2 . All tangible personal property, including the tangible personal property separately classified by Sections 58-829. 1, 58-829. 2 and 58-829.3 of the Code of Virginia, excepting therefrom household goods and effects , shall be taxed at the rate of One Dollar ($1.00) on every One Hundred Dollars ($100 .00) of the assessed value thereof. 3 . All tangible personal property of all railroad, express , telegraph, telephone , power and other public service corporations shall be taxed at the rate of One Dollar ($1.00) on Jevery One- Hundred Dollars ($100.00) of the assessed value thereof, and taxable real estate of said public service corporations shall be taxed at the rate of One Dollar ($1 .00) on every One Hundred Dollars ($100 .00) of the assessed value thereof. :149 MINUTES OF JUNE 14, 1972 MEETING. 4 . The tax on all bank stock subject to taxation within the Town of Leesburg shall be at the rate of Eighty Cents ($ .80) on each One Hundred Dollars ($100 .00) of the tax- able value of the share of the stock in any bank located in the Town of Leesburg , subject to the provisions of Sec- tion 58-476 . 2 of the 1950 Code of Virginia, as amended . On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted : 111 BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made to pay Dewberry, Nealon and Davis : $ 337 . 50 - Hospital Road Stake-out (1971 Bond Issue) . 233 . 70 - Hospital Road Stake-out (1971 Bond Issue) . 262 .50 - General Engineering Services (General Fund) . 162 . 50 - Flood Plain Study - Final Invoice (Utility Fund) . O 968 . 10 - Fisher-Bishop Storm Sewer (1971 Bond Issue) . ;3. 423 .60 - Douglass Interceptor Sewer (1971 Bond Issue) . Ct 153 .36 - Hospital Project Plan Revision (1971 Bond Issue) . 730.00 - Storm Sewer - King Street to Loudoun Street - Final Invoice (1971 Bond Issue) . Councilman Titus asked the status of the King to Loudoun Storm Sewer. Mr . Ritter said Perry Engineering is waiting for C & P to move a tele- phone conduit which is in the center of the easement . We do have- the easements and the pipe is on order and can be delivered any time. Mr. Titus also asked the status of the Fisher Bishop Sewer Line . Mr. Ritter . said the six easements required were mailed out on May 31st . So far, three of these people have been in touch with him, however, there has been no reply from Tastee-Freez , Gulf Oil or Cities Service . We will have to follow up on these . On motion of Councilman Murray , seconded by Councilman Titus , the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made: $ 54 . 95 - Exspeedite Blueprint Service - Printing during month of April (1971 Bond Issue) . 33 . 53 - A & E Blueprinters - Printing during month of April (1971 Bond Issue) . 590. 55 - Supplemental appropriation - Valve & Fire Hydrant Installation (Utility Fund-Capital Outlay) . 200 .00 - Supplemental appropriation - Utility Fund- Con- tingencies . 576 .00 - Supplemental Appropriation - Treasurer 's Salary. 120.00 - Supplemental Appropriation - Refuse Disposal. 13 , 947 .00 - John Wallace - Town 's proportionate share of cost of 21" Sanitary Sewer between Rt . 7 & Ed. Ferry Rd. (1971 Bond Issue) . 13 , 109.40 - Perry Engineering Co . for Est . #1 on Hospital Project (1971 Bond Issue) . 150 MINUTES OF JUNE 14 , 1972 MEETING. - • On motion of Councilman Wallace , seconded by Councilman Hill, the following resolution was unanimously adopted, after some explanation by Councilman Wallace and Town Manager Ritter : fle BE IT RESOLVED by the Town Council of the Town of Leesburg, that $5 ,444 .89 be transferred from the General Fund to the Utility Fund, representing money paid by the following de- velopers for Off-site Sanitary Sewer: Paid by : Date Paid Amount Leesburg Village 5/23/72 $1,512 .00 Loudoun Hills 5/ 1/72 555 .00 Sattley Subdivision 5/ 2/72 1, 950.00 Crestwood Hamlet 4/14/72 851 .20 John Wallace 3/17/72 133 .56 Leesburg Estates 4/19/72 329. 70 John Wallace 5/ 9/72 113 .43 Collected as of 5/23/72 $5 ,444.89 " On motion of Councilman Wallace , seconded by Councilman Titus , the `• following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that $20 ,000 in the Airport Fund, invested with the First Vir- ginia Bank-First National, due June 23 , 1972 , be reinvested with the same Bank for a period of one year, at the rate of 57 per annum. 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 the Performance Bond to cover physical improvements in connection with construction of Rock Spring Heights, Sec . II=B be approved. 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 application for water and sewer extension to serve Rock. Spring Heights , Sec . II-B be approved. On motion of Councilman Hill , seconded by Councilman Titus , Council voted unanimously to amend this resolution by adding at the end the following : contingent upon payment in full of off-site sanitary and storm sewer charges . The resolution , as amended, was then unanimously adopted. On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted': WHEREAS, Councilman Walter F. Murray will resign as of July 1, 1972 , as Council representative on the Northern Virginia Plan- ning District Commission, " NOW, THEREFORE, BE IT RESOLVED by the Town Council "of the Town of Leesburg, that G. Dewey Hill be appointed as Leesburg ' s representative of the District Commission for the period July 1, 1972 to June 30, 1973 , and that Robert C. Forbes be appointed as alternate for the same period. • Councilman Murray believed it appropriate to have Mr. Forbes as alternate since he could attend the meetings and act for three (3) consecutive meet- ings in case Mr. Hill could riot go. Mr. Hill said he attended a meet- ing with Mr. Murray and was not too impressed, therefore , he is going with a negative attitude and hoping that it can be changed to a positive one. He said he cannot figure out the function of this body , but he will do the best he can. _ 451 . MINUTES OF JUNE 14, 1972 MEETING. _ Mr. George Helwig , engineer for Crestwood Hamlet, addressed Cotncir '. with regard to the change in plans for drainage of storm water from the proposed construction of Crestwood Hamlet . It was found that the storm sewer system was not designed to take care of the water by carrying it through the existing subdivision. Many other problems of insufficient capacity were also found throughout the Town, therefore , the water from Crestwood was diverted to the Tuscarora Creek . They found they had suf- ficient capacity with the new Route 15 construction and their only prob- lem was to construct a culvert under Wirt Street. Crestwood has offered II the money to do this and this would relieve the problem in the present subdivision, as well as take some of the water out of the problem areas of the Town. Councilman Titus said he understanS this would be a matter of policy and he would want assurance that the culvert under Wirt Street would be of sufficient size to take this additional run-off. Mr. Helwig said it would. The following resolution was moved by Councilman Murray , seconded by Councilman Titus and unanimously adopted: WHEREAS, plans were presented by Crestwood Hamlet, Section 2 , to provide for draining of a portion of the storm water into Sec . 7 , Q Prospect Hills, and C WHEREAS, it has been found that the existing storm drainage fa- C..., cilities in Prospect Hills are of insufficient size to accommo- date the storm water from Crestwood Hamlet , and = WHEREAS, Crestwood Hamlet now wishes to divert a majority of the storm water southeastwardly , through a proposed culvert under Rt . 15 , of sufficient size, and terminate said storm sewer in Tuscarora Creek, NOW, THEREFORE , BE IT RESOLVED by the Town Council of the Town of Leesburg , that Crestwood Hamlet be given authority to re- vise their plans to conform to the above change and to re-submit revised plans to the Town for approval . Mr. Garrett and Mr. Helwig both said the first section will have no ef- fect on this . They pointed out that the second section will carry Ca- toctin Circle all the way through, as is desired by Council . Mr. J . Kennedy Sills addressed Council regarding the construction of a nursing home just outside the corporate limits on Fort Evans Road, with particular attention drawn to the fact that they will be tapping into the water and sewer lines belonging to the Town. He presented a picture of the proposed nursing home and said this had been presented to and discussed with the Utility Committee. They understand they will have to pay availability fees and will be subject to the rates quoted. They may revise their plans to take out some 25 to 30 fixtures . They have already submitted their plans to the County and are awaiting the issuance of a permit, then they will come back to Council. Councilman Hill asked that they come back if they add fixtures at a later time . Mr. Sills said they would have to do this , they are- governed by State law. He explained that this home will take intensive care and inter- mediate care patients ; also those under Medicare, Medicaid and private patients . Councilman Titus said he assumed the Town would work with them and the County on the dedicator of a 5-foot right of way on Fort Evans Road. Mr. Sills said he is familiar with this . On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was of- fered : WHEREAS, J . Kennedy Sills, President of Nursing Home Association of America , presented plans to the Street Committee on June 5, t 1972 for the construction of a Nursing Home for 140 patients , and with a total projected population of 250 people , on a tract of land outside of the Corporate Limits on the south side of Fort Evans Road, and between Fort Evans Road and the Rt . 15 By-Pass , and WHEREAS, a request has been made by Mr. Sills for permission to connect the Nursing Home to existing water and sewer lines in Fort Evans Road, rz 152 r1INUTES OF JUNE 14, 1972 MEETING . NOW, THEREFORE, BE IT RESOLVED by the Town Council of the T . Town of Leesburg , that this request be granted, provided construction of the Nursing Home has been completed within one year from this date, and BE IT FURTHER RESOLVED, that this request is granted upon payment of off-site and availability charges prior to be- ginning of construction. On motion of Mayor Rollins , seconded by Councilman Titus , the words "been completed" were unanimously changed to "begun," thereby making the third paragraph read as follows : NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that this request be granted, provided con- struction of the Nursing Home has begun within one year from this date , and On motion of Councilman Titus , seconded by Councilman Hill , the following resolution was offered and adopted after some little discus- sion : WHEREAS, the Town Council, at its meeting on June 24, 1970, passed a resolution retaining the firm of Greenhorne and O 'Mara to prepare and apply for Comprehensive Planning Ser- vices and an Overall Program Design Report , at a sum not to exceed $2 ,400, as proposed in their letter of June 22, 1970, and WHEREAS, steps 1 and 2 of the proposal have been completed by Greenhorne and O 'Mara , fdr'Which the Town paid $2 ,000, and WHEREAS, joint attempts have been made by Greenhorne and O 'Mara and the Town to secure "701" money to be applied for Master Planning, and WHEREAS, the State Division of Planning has informed both Greenhorne and O 'Mara and the Town that it is their policy to channel these funds into nonmetropolitan planning dis111 - tricts , and WHEREAS, the Town of Leesburg now feels that it is useless to pursue this matter further with Greenhorne and O 'Mara , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that Greenhorne and O 'Mara be so notified, and that the Town of Leesburg is under no further obligation with this firm. It was reported that there is another offer to purchase Potter ' s Field. Councilman Murray said the Committee discussed this and sug- gested that Mr . Ritter acknowledge the offer and tell them we are not ready to take any action at this time , but it will be considered a- long with the other offers . On motion of Councilman Murray, -seconded by Councilman Wallace, the proposed Budget for 1972-1973 was unanimously adopted and a copy is attached hereto . Mrs . Irene Roberts , a resident of West Loudoun Street, spoke on behalf of citizens living in this area that is flooded when there are heavy rains . She said this water drains from up on Ayr Street down Loudoun and they need a storm drain to be connected to tie one below the Church property . Mayor Rollins said this will be taken care of. 1 Mr. Bob Hafner of the Phillips 66 Service Station on Rt . 7 said that the right-of-way needed from Phillips has been approved insofar as manage- ment is concerned, however , it has to go to their legal department and this involves another company . On motion of Councilman Wallace, seconded by Councilman Murray, the meeting was adjourned at approximately 8:45_P.M. K..t',o„=-lG 4 Mayor \:\ Clerk of tCouncil r '- • • S OD�1 0•V•t L.) N r 0 W N F' O NO OD J O. VI G'W N N b - 9 , • • Y • • • • • • • . • • • y t" 90) H931a. 7D0M y O - -tgITm 5. a PsI °oH103 :I ° p N 1 or µ oa µ ,mo ° ra (1411 0 py4m y - bKcw +1 a YWH 1 mw0o amr Oro h• M� iOfmyw "3 VI: P. OC m p o 0 myy mmN • H r `C .1 H 0O pmR• R• m m O N i O P oC • oro ro •4 m se ym H • m [+ z o y P p Co 4. Ts wmti y mr m . - - • 1..�9► 44. 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