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HomeMy Public PortalAbout1972_10_11 .202 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 11, 1972 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street , Leesburg , Virginia , on Oc- tober 11, 1972 at 7 : 30 P.M. The meeting was called to order by the Mayor, with Councilman Hill offering the prayer. Those present were : Mayor Kenneth B . Rollins, Councilmen G. Dewey Hill, Walter F. Murray, Robert A. Orr, John W. Pumphrey, C . Terry Titus and John A. Wallace, Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin . The Minutes of the meeting of September 27 , 1972 were corrected by Councilman Titus , on the first page, to read as follows : "Council- man Titus feels the Highway Department is 'not responsive ' to the County and to the Town Mr. Robert H. Connock, Jr. , Resident Engineer, Department of High- ways, addressed Council with regard to changes in the Highway Department 's plans for the Route 15 Interchange of the Southwest Quadrant of the By- Pass , with particular attention to the development proposed by K & M . Construction Co. , Inc . in this area . He explained that the proposed loop would take about an acre of K & M ' s land. He said he had just been advised of this change in plans today . In reply to Council ' s questions as to whether this property could or would be condemned by the Highway De- , partment, Mr. Connock said it did not believe it economically feasible to condemn this land, however, such proceedings were a possibility. It was not his understanding that the proposed town house development had been approved by the Town up to this time. Councilman Hill said this development had been approved a year and a half ago. Mr. Forbes said that final approval would not be given' by the Planning Commission until approval of the Performance Bond. There was discussion at this time regarding the reason for the - loop only on the west side and the size of said loop. Also, as to whether this loop would take any part of the land on which the motels in this area are located. Mr. Connock said it would not take any of this land. Mr:.John Moran, President of K & M Construction Co . , was present and stated that they had come here this evening to ask approval of the , . bonding procedure for the development of Huntland Homes . Mr. Frank Hyde, attorney, presented a proposed Escrow Agreement for Council 's considera- tion, whereby certified checks would be turned over to the Town in an amount of $63 , 894. 21, $50 , 555 . 17 to be held in a joint checking account with the Peoples National Bank and the other $13 ,339.04 to be held by the Town. It was stated that Mr . Moran and others representing him had worked with Town officials in setting up this bonding procedure: Mr. Moran said he did not know of the Highway Department ' s plans until this afternoon, but they would be willing to adjust to these plans , if necessary. However, he said this plan would take eight (8) of their best lots . Mayor Rollins asked if he would like to wait to post this bond until he had time to review these plans further. Mr. Moran said they had hoped to have the final plat approved by the Planning Commission at its November meeting in order to go ahead with building. He was will- ing to restrict the back lots for the Highway Department . Mr. William D. Chamberlin, engineer for K & M, said approval of this bond would mean that K & M could start construction of water and sewer lines . A two- week delay could mean a major loss to K & M at this time of year. The bond could be adjusted later, if necessary, in conjunction with the Highway Department ' s plans . Councilman Hill asked how water and sewer lines could be repaired if they were placed under the Highway Department 's ramp. Mr. Chamber- lin said there is no other way for these lines to go and there are al- ready lines in this location . Mr. Moran said that K & M is presently paying approximately $1,800 a month in interest on loans and they would like very much to get started on the front lots , which would not interfere with the Highway Department 's plans . Councilman Wallace could see no harm in waiting another two weeks to see just what the Highway Department plans to do. Mr. Chamberlin said approval of the bond tonight may make the Highway Department move a lit- tle faster. He said his firm would have to do some redesigning as a re- sult of these plans . Councilman Pumphrey asked how they could decide 2'0 3> MINUTES OF OCTOBER 11, 1972 MEETING. what bond would be adequate if it has to be redesigned. Mr. Moran said the bond is more than adequate . Mr. Ritter did not see how the Town could approve the bond until it is known just where the Highway Department plans to go through. Mr . Chamberlin said the problem with reworking affects only the back lots . Mr. Moran again said that , if Council would approve this bond, they would go to the Highway Department to adjust their plans . Mayor Rollins then asked Mr. Connock if he is just advising the Council , or asking them, to delay this construction. Mr. Connock said it would not be economically feasible for the Highway Department to put in the loop if the development of town houses is approved. Councilman b yg • he did not see how the Council could deny approval of this ON & 1II'has been given every indication of letting them build. Mr. Moran again stated they would be willing to adjust their plans to the Highway Department 's plans and not build on the back part of the land • at this time until such plans can be worked out . Mayor Rollins said he did not believe the Highway Department 's pro- posed loop is large enough, he can foresee a possible need for a ramp. Councilman Titus asked if the loop could be enlarged. Mr. Connock said yr • this would take more land. 0 .- Mr. Moran again appealed for approval of this bond, stating that Gi. they would be happy to comply if any additional bond is required. • a Councilman Hill asked Mr. Chaves if this water and sewer structure would be of such magnitude that it would not be a good idea to put it in this area . Mr . Chaves did not think so, it could be buried perma- nently. Mr. Moran said their present plans call for the sewer to be imbedded 8 to 9 feet with crushed rock, which would not be any problem. Mr. Chamberlin said they may have to use extra strength pipe. On motion of Councilman Wallace, seconded by Councilman Titus , the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that a bond covering physical improvements in the Huntland Homes development in an amount estimated at $47 ,042 .05 be ap- proved, and BE IT FURTHER RESOLVED, that said bond be paid in the following manner : $ 13 ,339. 04 by certified check and $50, 555 . 17 by certi- fied check, to be placed in an escrow account and to be used to pay for the physical improvements as they are constructed. On motion of Councilman Murray, seconded by Councilman Wallace, the fol- lowing - amendment was unanimously adopted: BE IT FURTHER STIPULATED, that off-site utility construction be coordinated with the State Highway Department, and that build- ings be restricted to that portion of the property not needed by the Highway Department for ramps required for the Rt. 15 By-Pass Interchange . The above resolution, as amended, was then unanimously adopted. The Finance Committee asked that these certified checks be held by the Town until the final plat is approved by the Planning Commission. Colonel Michael C . Grenata addressed Council, again asking Council to oppose the Highway Department ' s plans for Line A Modified on the Southwest Quadrant of the By-Pass . Along with reasons formerly given by him for seeking further Council action, he read a letter from State Senator Charles Waddell , who was also in favor of Line B Modified. Councilman Orr -said the By-Pass is needed badly, there is entirely too ' much traffic on_-Route 7 , however, he could see no reason for discussing • this matter again. Dr. James T. Jackson said he had come to this meet- ' ing, thinking that it was being held for the expression of the people on the By-Pass . He believes the By-Pass should go around the Town, not through •it, leaving Route 7 for slow-moving or local traffic . Also pres- ent were Mr. C. A. English Cole and Mr. Stanley Caulkins , both in favor of Line B Modified. Council discussed sending a copy of the former reso- lution opposing Line A and Line A Modified to the Highway Department in Richmond, however, in lieu thereof, on motion of Councilman Murray, sec- onded by Councilman Hill, the following resolution was offered: 204 MINUTES OF OCTOBER 11 , 1972 MEETING. BE IT RESOLVED by the Town Council of the Town of Leesburg that, having reviewed the Environmental Consideration prepared by the Highway Department dated September 5 , 1972 , the Council hereby re-emphasises its previous contention that Modified Line B is the better route from the standpoint of the citizens of Leesburg, and for the future safety of the travelling public . The Highway Department is , therefore, requested that this reso- lution be made a matter of record, and that a copy of this reso- lution be. forwarded to the Governor of Virginia . Councilman Hill said he would like to go on record as being against Line A. Mayor Rollins said a lot of time and money hate been spent on this By-Pass and it is needed. He believes Line A is wrong , but he will not vote for any resolution to hold up the construction of the By- . Pass . The above resolution was adopted by a roll call vote of 4 to 3 , with Mayor Rollins and Councilmen Pumphrey and Orr voting against it . Town Manager James W. Ritter, Jr. reported as follows : (1) The first two appropriations should be changed so that they are payable to J . T. Martz, Clerk of Circuit Court for Loudoun County. He also explained other appropriations on the Agenda . (2) The accident insurance policy to cover seven (7) special police officers would provide coverage when these officers are working parades or any special event requiring extra police officers . (3) The map submitted with the rezoning request .by Research Homes is not complete . This has been taken up with DeLashmutt Associates , who will make the necessary corrections . (4) The rezoning request of Frederic Spain involves land adjacent to the town houses presently being constructed by Mr. Spain on Fort Evans Road. (5) The $150,000 Bond Money re-invested with First and Merchants Bank came due on October 2 and has been re-invested for 30 days at 4-3/4% - we picked up about $600 in interest. (6) All six (6) of the items covered in Perry Engineering 's pro- posal in connection with the Hospital Project will have to be done. Item 1 is another water line that will have to be adjusted, we had one on Loudoun Street and will probably have one on Cornwall Street. Items 2 through 5 involve water and sewer lines in Honicon Court . Item 6 is a right-of-way obligation we had with Phillips , Brown and Altizer. (7) We have to adopt a maturity schedule on paying off the 1. 5 million dollar bonds . This is a tentative schedule set by the State Treasurer 's Office. Johnson and Williams are working up a Financial Feasibility Study . (8) _ Johnson and Williams has recommended a 24" water line from the Water Treatment Plant to the center of Town in connection with the Potomac River Water Project. (9) Rosser Payne will officially begin work with the Planning Com- mission at its October 19th meeting. (10) A letter has been received from HUD, notifying us of the $957 ,000 Grant for the Potomac River Water Project . The formal Grant Agreement will follow shortly, specifying terms and conditions . (11) We were fortunate in acquiring the Rust property for the Water Plant site at $15 ,205 . 00 through condemnation . (12) He wrote to HUD to see what we would have to do to qualify for flood insurance . First , we would have to have a Flood Plain Study and adopt legislation making it effective . Second, we would have to adopt a Land Use Plan, which Mr . Rosser Payne will be working on. (13) Plans were received today on the Market Street-Catoctin Circle Project involving street widening, drainage, etc . 205 MINUTES OF OCTOBER 11 , 1972 MEETING. (14) On the Fisher-Bishop Storm Sewer Project , we have received the easements from Fisher, Curry and Gulf. We have not yet received those from Tastee-Freez , Bishop and Cities Service . (15) Herbert Randolph started using the County Lardill on October 1st . This will cost us $300 more per month, but is in the Budget . (16) He will meet with a representative from the Gas Company tomor- row on the Underground Utilities Ordinance concerning "as built'.' draw- ings . Both VEPCO and C & P have requested us not to ask for such draw- ' ings . VEPCO has furnished drawings that are based on their' construction drawings . Mayor Rollins reported that the State will not collect auto license fees this year. Also , the Town ' s share of the new Federal Revenue Shar- ing Act for this year will be approximately $52 ,000. Councilman Titus asked the status of Dry Mill Subdivision, Section III . Mr. Ritter said they need someone to refinance it . VP Mr. Titus also asked if Mr . Warner secured a permit for the Antique . 0 Show and if he paid the special police officers . Mr. Ritter 's answer to both questions was Yes . :L Also, Mr. Titus asked if we have heard anything from Mr . Steffey: Mr. Ritter said he has another two weeks . 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 : $15 ,205 .00' - J . T. Martz , Clerk of Circuit Court for Loudoun County . - Land Condemnation Award. 1971 Bond Issue, to be reimbursed from the 1 . 5 million dollar bond issue . 115 .00 - J . T . Martz , Clerk of Circuit Court for Loudoun County - Commissioners on Rust Condemnation Suit. 1971 Bond Issue , to be reimbursed from the 1 . 5 million dollar bond issue . . 150.00 - H. Wendell Kline - Pretrial Conferences and Court Testimony on Land Condemnation. 1971 Bond Issue , to be reimbursed from the 1. 5 million dollar bond issue . 1, 111 . 25 - Centerlining Streets . Streets - Painting . 50 .00 - George Martin, for drafting Easements . 1971 Bond Issue . 269.40 - Dewberry , Nealon and Davis - Storm Sewer Stakeout - King to Church Street . 1971 Bond Issue . 25 .00 - Dewberry, Nealon and Davis - Sanitary Sewer Stake- , out and Design - West Market Street . 1971 Bond Issue . 137 . 50 - Dewberry , Nealon and Davis - Storm Sewer Design - West Loudoun Street . 1971 Bond Issue . 227 .40 - Dewberry, Nealon and Davis - Hospital Road Con- struction Stakeout . 1971 Bond Issue . 4,600 .00 - Reproco , Inc . for 2300 sq. ft . of land at Phillips Service Station. 1971 Bond Issue . 76 , 939.48 - S. 0. Jennings - Dry Mill Sewer - Est . #2. 1971 Bond Issue . 206 MINUTES OF OCTOBER 11 , 1972 MEETING. - On motion of Councilman Wallace , seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that an insurance policy be taken out with Hartford Insurance Company for seven (7) Special Police Officers at an annual premium of $212 .45 , in accordance with the following plan : Hartford Insurance Company 1 . $5 ,000 in the event of Accidental Death or Dismemberment. 2 . 5 ,000 Medical Payments in the event of accident. Will pay hm ptal and doctor bills . 3 . 75 Weekly indemnity beginning from first day and run- ning for one year in event of disability from acci- dent . On motion of Councilman Pumphrey , the following resolution was moved: BE IT RESOLVED by the Town Council of the Town of Leesburg , that permission be granted to Lester Shore for water and sew- er connections to serve approximately 420 units on a 24-acre tract of land on the south side of Edwards Ferry Road and east of Leesburg Village Apartments . There was no second to this motignt and Mayor Rollins ruled that it would not be considered until thL3`pIan is approved. With regard to a request for rezoning by Research Homes, Inc . on a 19-acre tract west of Virginia Knolls, it was decided not to con- sider this until the proper plat is presented. On motion of Councilman Titus , seconded by Councilman Murray, the following resolution was adopted, with Councilman Hill casting a dis- senting vote : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the request for rezoning by Frederic- Lee Spain on a 9,9806 acre tract and a 26 ,056 sq. ft. tract of land on Fort Evans Road from R-2 to R-3 be referred to the Planning Com- mission. However, it was later brought out by Mr. Forbes that this request has not been properly applied for - that a map should be furnished showing the courses and distances of the two tracts of land. The above resolu- tion was not withdrawn though. Further discussion revealed that it is the opinion of the Planning Commission that applications for rezoning should go before the Committee to determine if they should be referred to the Council . 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 Town Manager 's action is ratified in re-investing $ 150,000 in Bond Money with First and Merchants Bank for a period of 30 days , beginning October 4, 1972. On motion of Councilman Murray , seconded by Councilman Wallace, the following resolution was unanimously adopted: BE IT RESOLVED by the Town of Leesburg , that Jerry 's Florist be 'permitted to encroach on Town right-of-way 18" by the addi- tion of bay windows to the existing building at the southeast corner of King Street and Loudoun Street, provided such en- croachment does not interfere with the Highway Department Maintenance Payments to the Town. Request was made that a letter be sent to the -Town Manager from Mr. Connock , stating that the Highway Department does not object and that maintenance payments will not be affected . 2O• . MINUTES OF OCTOBER 11, 1972 MEETING. On motion of Councilman Hill , seconded by Councilman Pumphrey , the L - following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that Perry Engineering Company be authorized to proceed with the installation of six (6) items , as shown in their proposal dated September 20, 1972 , in the amount of $8,630.00 . Councilman Hill commented that, while Perry was working in Honicon Court, they found a 1-inch water line serving all seven (7) houses . On motion of Councilman Murray, seconded by Councilman Hill, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg , that Perry Engineering Company ' s proposal dated July 17 , 1972 for resurfacing Honicon Court , in the amount of $2, 225 .00, be accepted. On motion of Councilman Titus , seconded by Councilman Hill, the above VP was amended to add the following : if completed by the 15th of November, or such date as deter- _ - mined by the Town Manager. The resolution , as amended, was then unanimously adopted. Mr Ritter said that a stone base is needed. On motion of Councilman Wallace, seconded by Councilman Hill, the following resolution was unanimously adopted : BE IT RESOLVED-by the Town Council of the Town of Leesburg, that the following maturity schedule be adopted for the pay- ment of the $1 . 5 million dollar bonds : 1st principal payment to be paid December 15 , 1975 , and interest payments to be made on June 15 and December 15 . For years 1975 to 1982 incl . - $50,000 per year. For years 1983 to 1994 incl. - $75 ,000 per year. For years 1995 to 2002 incl. - $25 ,000 per year. It was explained that it was set up this way to save interest costs . It was the general consensus of Council that the two checks ten- dered by K & M should be held by the Town until further notice. On motion of Councilman Murray, seconded by Councilman Pumphrey, khRxfs*inw*Agx the following Escrow Agreement was ratified by a roll call vote- of 4 to 2 , with Councilmen Hill and Titus casting the dissent- ing votes : RESOLUTION DESIGNATING DEPOSITORY FOR ACCOUNT IN THE NAME "TOWN OF LEESBURG, VIRGINIA---HUNTLAND HOMES PHYSICAL IMPROVEMENTS (SECTION I) " WHEREAS, K & M Construction Company , Inc . , a Virginia corpora- tion, has delivered to the appropriate officials of the Town of Leesburg, Virginia , the sum of SIXTY THREE THOUSAND EIGHT HUNDRED NINETY FOUR DOLLARS AND TWENTY ONE CENTS ($63 ,894. 21) to guarantee satisfactory and acceptable installation of physi- cal improvements within Section I of Huntland Homes Subdivision, as required by Section IV A 2 of the Subdivision Ordinance for the Town of Leesburg , Virginia ; and 208 MINUTES OF OCTOBER 11 , 1972 MEETING . WHEREAS , it is desired that a depository for part of the de- posited funds in the amount of FIFTY THOUSAND FIVE HUNDRED FIFTY FIVE and 17/100 DOLLARS be designated for the safekeeping there- of and for the joint withdrawal of said funds to pay for the con- struction of said physical improvements as the work shall be ac- complished when payments to the persons , firms or corporations performing such work shall be entitled to draws for the satis- factory performance of such work pursuant to the plans and speci- fications heretofore filed with the Town of Leesburg , Virginia , with the balance of the total deposit in the amount of THIRTEEN THOUSAND THREE HUNDRED THIRTY NINE and 04/100 DOLLARS being held by the Town of Leesburg , Virginia in the form of a certified check . NOW, THEREFORE, BE IT RESOLVED, that The Peoples National Bank of Leesburg , Leesburg , Virginia , is hereby designated as a de- pository of the Town of Leesburg , in Virginia , and that a check- ing account be maintained in said bank in the name of "Town of Leesburg--Huntland Homes Physical Improvements (Section I)" and that the Town Manager of the Town of Leesburg , in Virginia , or his successor or substitute who may be lawfully acting , is here- by authorized to sign, and the subdivider,- K & M Construction Company , Inc . , is authorized to cosign checks , drafts and other instruments -for the •payment of money from the account under said ' title , K & M Construction Company, Inc . , to be signed by either one of the following officers of said corporation, President . John. L. Moran or Secretary-Treasurer Frederick M. Chipps , or their duly elected successor, that the said officer of the Town of Leesburg , in Virginia , is hereby authorized to endorse checks , drafts , money orders or other instruments for deposit in said checking account , or for collection by said Bank ; to accept drafts , checks and other instruments payable at said Bank; to waive demand, protest and notice of protest, or dishonor of any check or other instrument made, drawn or endorsed on behalf of said Town, and the titles of all parties shall be required after their names on any of said instruments for the payment of money from said checking account ; and BE IT FURTHER RESOLVED, that The Peoples National Bank of Lees- burg , Leesburg , Virginia , is. hereby authorized to honor, receive , certify or pay all instruments signed in accordance with these Resolutions , even though drawn or endorsed to the order of any person authorized to sign the same or tendered for cashing, or in the payment of the individual obligation of any such person, or for deposit to his personal account , and said Bank shall not be required, or be under any obligation to inquire as to the cir- cumstances of the issuance or use of any instrument signed in accordance with these resolutions , or the application and dispo-. . sition of such instrument, or the proceeds thereof ; and BE IT FURTHER RESOLVED, that the Clerk of the Council of this Town shall certify to said Bank the name and signature of the presently appointed and duly qualified Town Manager, and to his successor or substitutes , if any , who may be hereafter lawfully designated , and immedicaitely certify such changes to the Bank, and the Bank shall be fully protected in relying upon such cer- tifications of the Clerk of the Council, and shall be indemni- fied and saved harmless from any claims , demands , expenses , loss or damage resulting from, or growing out of, honoring the signa- ture of any officer so certified, or in refusing to honor any signature which may be replaced through changes made without such certification ; and BE IT FURTHER RESOLVED, that this resolution shall in no man- ner affect or invalidate the resolutions adopted by the Council of this Town on September 2 , 1963c , designating The Peoples Nat- ional Bank of Leesburg , Leesburg , Virginia , as a depository for the checking account maintained in said Bank in the name "Town of Leesburg , Virginia"r or in the name of "Town of Leesburg, Virginia , Police Court , and authorizing the signing of instru- ments for the withdrawal of money from said accounts and the en- dorsement of instruments for deposit to said accounts ; and 209. MINUTES OF OCTOBER 11, 1972 MEETING. BE IT FURTHER RESOLVED, that said Bank is hereby authorized and directed to rely and act upon this resolution from and after its date of adoption, and that it shall remain in full . force and effect until written notice of its amendment or re- scission. shall have been received and acknowledged by said Bank, and that receipt of any such notice shall not affect any action taken by said Bank prior thereto ; and BE IT ALSO RESOLVED, that the Clerk of the Council is hereby authorized and directed to certify to The Peoples National Bank of Leesburg , Leesburg, Virginia , this resolution , and that the provisions hereof are in conformity with the Charter and Ordi- nance of this Town and the laws of the State of Virginia . On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that Johnson and Williams be authorized to incorporate in the design of the Potomac River Project , a 24" water line , from the Water Treatment Plant to the center of Town, in accord- ance with their. letter of October 9, 1972 . r. (.r.., On motion of Councilman Titus , seconded by Councilman Wallace, Council voted unanimously to reconsider a resolution adopted on June Q 28 , 1972 with regard to acceptance of a certified check in the amount of $77 ,508:00 for physical improvements in Dry Mill Subdivision, Sec- tion III-A. It has been four months since the adoption of this resolu- tion and this check has never been tendered. Also, the property is ad- vertised for a Trustees ' sale . Council unanimously voted to rescind the resolution adopted on June 28 , 1972 , reading as follows : BE IT RESOLVED by the Town Council of the Town of Leesburg , that Hazel, Beckhorn & Hanes be authorized to proceed with the installation of physical improvements in Dry Mill Subdi- ' vision, Section III-A, upon receipt of their certified check in the amount of $77 , 508 .00, and upon payment of off-site sanitary fee and balance due on inspection fee . This action is to be sent to Hazel, Beckhorn & Hanes . On motion of Councilman Murray, seconded by Councilman Titus , the meeting was adjourned at 10:45 P.M. Mayor 4@2c�zv Clerk of the Council Pro-Tem