HomeMy Public PortalAbout1972_12_27 24 %?
MINUTES OF REGULAR MEETING OF. LEESBURG TOWN COUNCIL, DECEMBER 27, 1972 .
A regular meeting of the Leesburg Tówn. Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg , .Virginia, on De-
cember 27 , 1972 at 7 :30 P.M. The meeting was called to order by
Mayor Pro-Tem Robert. A. Orr in the temporary absence of the Mayor, with
Councilman G. Dewey 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 regular meeting of November 22, 1972 were approved
as written.
Town Manager Ritter reported as follows :
(1) The Performance Bond on Virginia Knolls , Sec . 3 , was discussed
by Council at the last meeting and continued because the bonding pro-
cedure was not satisfactory. Since that time, a satisfactory Bond has
been approved by the Town Attorney .
(2) The application for rezoning by Loudoun Medical Associates
concerns property located on the right side of Gibson Street going- to _
the Hospital. He said the Street Committee is studying the drainage
situation in this area , which could be a problem in the future. Also,
there is a possibility that the Town will ask the developer to widen
Old Waterford Road and Gibson Street and install curb and gutter and
sidewalks .
(3) He called Southern Line Cleaning today. They now have an
office in Manasses and several sets of equipment. He said this is
very important because of the infiltration problem and should be done
immediately. This work should also be expanded.
(4) He explained that the exchange of checks with Huntland Homes
was due to the fact that, when the Highway Department got into the pic-
ture, Huntland Homes had to revise their plans to reduce the number of
lots to be developed since the Highway Department was going to take
part of their land for the ramp coming off of the By-Pass . This , in
turn, reduced the amount of the checks . There is a matter of an Es-
crow Agreement to be approved yet and this should be ready by the next
meeting .
(5) The proposed radio maintenance contract is for our new two-way
radio and is very similar to the one we now have on the Police radios.
(6) A third person in the Treasurer 's Office is badly needed. We
have new billing equipment but there has been no chance to even get it
ready to use. This should be someone with some accounting experience,
as well as meeting the public and handling bills .
(7) We will pick up our $1,500,000 Bond money on Friday and we
should invest it at that time. Under our present procedure, we will
have to ask for bids from the four (4) Banks, which will be received
at the next meeting . Councilman Wallace asked if a schedule has been
worked out as to how we will need this money. Mr. Ritter said this has
not been done yet.
Councilman Titus announced that the Amendments to the Subdivision
Ordinance have been approved by the Board of Supervisors - there was no
objection to them. He thanked the Board and the Planning Commission of
the County for their help, as well as members of the staff of Dewberry
Nealon & Davis for their help in writing the amendments .
Councilman Murray said he had received a call from Mr. James Clar
Manager of the Golden Horseshoe , asking that the dance on New Year 's Eve
be allowed to terminate at 3 :00 A.M. , rather than 2 :00 A.M. Acting Chief
Kidwell explained that policemen working these dances do not get away
until at least an hour after the dance closes down , they have to stay un-
til all persons have left the property. He said he had talked to his
"specials" about this particular dance and extending the hour and they
are not in favor of it . He also explained that the number of police
furnished depends on the number of people expected for the dance - at
times there are as many as a thousand people in attendance, with cars
being parked all the way back to Safeway. He estimated that four officers
would be needed for this particular dance. Each officer is paid $5 .00
an hour. Mr. Clark sells the food and drink and no liquor is allowed on
the table . On motion of Councilman Murray, seconded by Councilman Pumphrey
the following
243.
MINUTES OF DECEMBER 27 , 1972 MEETING.
action was unanimously adopted: •
That the Golden Horseshoe be permitted to remain open one
additional hour until 3 :00 A.M. on New Year 's Eve.
The concessionaire will be responsible for the reimbursement
of the necessary security personnel until such time as all
persons have cleared the area .
Acting Chief Kidwell was asked to notify Mr. Clark of this action, so
that he might take steps to provide the number of officers needed.
Councilman Hill introduced Mr. John Epling, Executive Director
of the Northern Virginia Planning District Commission,. who is a resi-
dent of Leesburg. Mr. Epling thanked Mr. Hill and said he had come to
familiarize himself with the Council.
Mayor Rollins assumed the Chair at this time.
An application for rezoning of the property located at the corner
of Old Waterford Road and Gibson Street from R-2 to B-1 by Loudoun Medi-
cal Associates was discussed at this time. Both Dr. Nidiffer and Drr
Boone were present , with Dr. Nidiffer acting as spokesman. Councilman
Pumphrey said this was discussed briefly at the Street Committee meeting
but they would like to know more about what they propose to do on this
land. Dr. Nidiffer said the group has just purchased this land from the
Hospital and plans to erect a professional office building to house doc-
tors ' offices . They are asking for the rezoning of 65 ,000 square feet,
which land, borders Gibson Street and goes back to the road the Town now
uses for access to the water tank. Mr. Ritter. said the Town is very much
concerned about the street through there, it being more or less a path
at this time , rather than a street , as well as sidewalk, curb and gutter.
Councilman Orr spoke for this rezoning, stating that he thinks this build-
. ing is needed and it would be in. conformity with present construction
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on the other side of the street. . He did not consider this spot zoning,
inasmuch as it is not in a residential area . He did realize that some-
thing would have to be done about the road through there. Dr. Nidiffer
said they were not aware of the sidewalk, curb and gutter, etc . , but said
money has, been set aside to meet the requirements of the Town 's ordi-
nances . However, he said he would be interested in knowing what pro-
visions have been made with the developers on the other side of the
street, whether they will be required to pay for their part of these
improvements , or whether they Town will put in the street. On motion
of Councilman Wallace, seconded by Councilman Murray, Council voted
unanimously to refer this application to the Planning Commission.
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 Performance Bond in the amount of $88,389.00 to cover -
physical improvements in Crestwood Hamlet, Sec. 3 , be ap-
proved.
Councilman Hill said they had been assured that Catoctin Circle will be
Worked on by early spring and Mr. Garrett of Crestwood Construction Co.
confirmed this .
On motion of Councilman Titus , seconded by Councilman Pumphrey, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Performance Bond in the amount of $20,109.00 to cover
physical improvements in Crestwood Hamlet , Sec . 3A, be ap-
proved.
On motion of Councilman Pumphrey , seconded by Councilman Wallace, the
following resolution was unanimously adopted, after Mr. Garrett again
assured Council that Catoctin Circle will be done in the spring :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that •applications for water and sewer extension to serve
Crestwood Hamlet, Sec . 3 and 3A, be approved.
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MINUTES OF DECEMBER 27 , 1972 MEETING.
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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 Performance Bonds in the amount of $153 ,058 . 14 and
$170,074.04 to cover physical improvements in Leesburg
Country Club Subdivision, Sec . 3 , be approved.
In answer to questions as to why there are two bonds , Mr. Logan Jennings,
of Jeffrey Sneider Co. explained that the bonding company could not
write a bond for over $200,000. Councilman Hill said Mr. Seekford has
now obtained the proper form for this bond and, when it is drawn up
and approved, it will replace the two bonds in question at this time .
He asked Mr. Jennings if waiting two more weeks would inconvenience
his Company . : Mr. Jennings said they would like to get the other money
out of the Bank, particularly, since they are paying 10 or 11 percent on
this money . On motion of Councilman Murray, seconded by Councilman Wal-
lace, the following amendment was unanimously adopted :
AND BE IT FURTHER RESQYED, that the Town Manager is hereby
authorized to release the funds placed in escrow in the Peo-
ples National Bank of Leesburg.
The resolution, as amended, was then unanimously adopted, although there,.
was further discussion regarding another change in the bonding procedure.
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 Performance Bond in the amount of $40,000 to cover
physical improvements in Leesburg Estates , Sec . 4,rbe ap-
' proved.
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 authority be given Southern Line Cleaning Co. to clean,
TV inspect and seal joints in approximately 7400 ft. of
sewer lines , at an approximate cost of $15 ,270. -
Councilman Titus moved to amend this by adding the following:
after submission of a proposal for the above work and if the
above cost is substantially in accordance with said proposal.
This was seconded by Councilman Pumphrey and unanimously adopted. Mr.
Ritter explained that this work would start at a manhole just this side
of Dry Mill Road, follow Town Branch up Loudoun Street and into Rock
Spring Subdivision; also up Dry Mill Road to the High School and take in
the Rehabilitation Center sewer line, where we know we are getting water
in ill of the lines-. He also said the deficiencies in the other lines
done by Southern Line Cleaning have not yet been fully- corrected. There
is some pipe we have to replace on the second job they did and it is
hoped this can be done so they can inspect this while they are here.
The above resolution, as amended,• was then unanimously adopted.
On motion of Councilman Pumphrey , seconded by Councilman Murray,
• the following resolution was mmanimonsiy adopted by a vote of 6 to 1,
with Councilman Titus casting the dissenting vote :
- WHEREAS, K & M Construction Co. deposited two checks with the
Town of Leesburg in the amount of $50,555 . 17 and $13 ,339.05
as an Escrow Deposit and as a Cash Deposit, in accordance with
Council resolution of October 11, 1972 , and
WHEREAS, changes had to be made in the layout of lots because
of the proposed Highway Department ramp, resulting in a re-
• duced layout of lots,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that the Town accept checks in the amount of
$43 ,534.82 •as Escrow Account and $4,319. 96 as a Cash Deposit,
and release the two checks aforementioned.
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MINUTES OF DECEMBER 27 , 1972 MEETING.
On motion of Councilman Titus, seconded by Councilman Wallace, the
following resolution was offered for discussion:
BE IT RESOLVED by the Town Council of the Town of Leesburg.
that the application of Leesburg Square for water and sewer
extension be approved.
Richard of Long & Rinker,
Mr. /Long, /representing the developers , explained that the developer would
like to have control over the entire seven commercial lots and he under-
stands there is another party interested in the property. This is a key
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location. It was pointed out by both Mr. Long and Mr. Forbes that a
preliminary plat has been approved by the Planning Commission. Mr.
Forbes explained that this is the Parramore-Brosius property, which
has been zoned commercial for quite sane time . He also said that an
individual site plan would have to be presented for each-1ot. Mr. Long
said they. wouldexpect to widen Fort Evans Road and put in curb and
gutter. Many questions arose and there was a great deal of discussion
as to just how this land might possibly be developed if sewer and water
is approved, with particular attention to ingress and egress and to
private streets within the development, with some members feeling that
d' private streets are not satisfactory. Mr. Forbes said that Mr. Long had
CD submitted checks for off-site improvement - for checking plans and in-
spection fee. It was brought out that one of these checks had been re-
turned for insufficient funds and Mr. Long was quite shocked, stating it
would be made good tomorrow morning with a certified check. It was also
brought out that the Performance Bond covering physical improvements
should have been on the Agenda tonight and would have to be approved,
as well as water and sewer extension. A motion was made by Councilman
Titus and seconded by Councilman Wallace, with unanimous vote, to amend
the resolution asi'follows': . "but that it be understood that this does
not guarantee sewer and water to any lot. " Councilman Hill said he
could not vote for the resolution until he knows more about the bonding
procedure. On motion of Councilman Pumphrey, seconded by Councilman
Wallace,- Council voted unanimously to table the resolution. Councilman
Titus said that, if Council is against having private streets, he would
Ilike to know so that. he might advise the Planning Commission of this in
connection with the Master Plan. Several members expressed their dis-
like of private streets, stating that they are not built to any. stand-
ards. Mr. Long pointed out that, in a commercial development, such
private streets give a better appearance,. .
On motion of Councilman Orr, seconded by Councilman Wallace, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the Town Managers action in appointment of Acting Po-
lice Chief James M. Kidwell to the position of Chief of Po-
lice of the Town of Leesburg, effective January 1 , 1973, is
hereby ratified.
Town Manager Ritter commended Chief Kidwell for his time and efforts in
making this a much better Police Department in the last six months.
Members of Council also offered their congratulations and commented on
the work being done in and with the Department under Chief Kidwell 's di-
rection. Councilman Wallace commented that he would like to see the
Chief have the power to suspend officers , when necessary, ' however, not
the power to fire them.
- Town Manager. Ritter opened bids at this time for' the investment of
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' the Revenue Sharing Check in the amount of $42,677 .00. Bids were as fol-
lows : Peoples National Bank - 5%; North American Bank & Trust - 5%, with.
the notation that they compute interest daily, thereby paying 5. 127% for
one year; First Virginia Bank-First National 5% and First and Merchants
National Bank - 5%. Mr. Ritter explained_ that we have plenty bf time in
which to spend this money, but there is a requirement that it be adver-
tised in the paper as to how we plan to spendit. On motion of Council- _
man Wallace, seconded by Councilman Pumphrey, the following resolution
was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that North American Bank & Trust be awarded the investment
of $42 ,677 (U.S. Government Revenue Sharing Check) for a
period of 90 days , at an interest rate of 5%, compounded
daily , in accordance with their bid opened at the Council
meeting on December 27 , 1972 .
MINUTES OF DECEMBER 27 , 1972 MEETING.
' 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 be authorized to enter into a contract
with Hankey 's Radio, Inc . , on behalf of the Town of Leesburg,
for radio maintenance on the new two-way radio system, in ac-
cordance with Hankey 's letter of December 6 , 1972 , at a monthly
rate of $37 . 50.
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 Monroe 's offer- to purchase Potters ' Field be extended
for a six month period, commencing December 1, 1972.
Mr. Ritter explained that they have walked over the ground since it
was mowed and put stakes in where there were depressions in the ground,
however, nothing has been dug. This topography will not change.
On motion of Councilman Orr, seconded by Councilman Murray, the
following resolution was offered : -
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BE• IT RESOLVED by the Town Council of the Town of Leesburg,
that the Town Manager be authorized to employ a third person
• in the office of the Town Treasurer, at a salary not to ex-
ceed $5,800 per year.
Councilman Wallace expressed his opposition to this, feeling that a part-
time girl could fill this• position. He stated that he is not convinced
that we are operating efficiently in the Town Treasurer 's Office. Mr.
Ritter explained that we have purchased equipment to go to a new system -
the same method has been used for years and is out-dated - however, there
has not been enough time to make the plates , which has to be done be-
fore the new system can be put into operation. It is felt that this
third person would handle all water and sewer billing and collections..
Mr. Plaster says he needs Mrs . Embrey to help him. On motion of Mayor
Rollins, seconded by Councilman Orr, motion was made to increase the
proposed salary to $6 ,000, however, a roll call vote defeated this motion,
with Councilmen Hill, Murray, Titus and Wallace voting against it. The
original resolution was then adopted by a roll call vote of 4 to 3, with
Mayor Rollins and Councilmen Titus and Wallace voting against it.
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 appropriations be made:
$ 600.00 - Moody 's Investors Service for determination of
Bond Rating. 1971 Bond Issue , to be reimbursed
from $1,500,000 Bond Issue.
15 ,822. 18 - Tri-County Asphalt, for resurfacing with plant
mix. Streets - Capital Outlay.
719.25 - First & Merchants National Bank, for interest
due on Airport Bond No. 7 , Jan. 1, 1973 . Air-
' port Fund.
An application for rezoning from R-2 to R-3 by Alpha Associates,
Inc. of'
property located on the north side of Fort Evans Road was dis-
, cussedatthis time. Mr. Ritter explained that• this had been brought
up before , however, a discrepancy in the• acreage was found. Mr. Forbes
• further explained• this matter, but added that no metes and bounds de-
scription has yet been furnished. On motion of Councilman Titus , sec-
onded by Councilman Pumphrey, Council voted unanimously to table this
matter.
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MINUTES OF DECEMBER 27 , 1972 MEETING.
On motion of Councilman Wallace, seconded by Councilman Murray, the
following resolution was unanimously adopted, after explanation by Mr.
Ritter that the •proper :bond has now been furnished and approved by the
Town Attorney :
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BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Performance Bond on Virginia Knolls, Sec. 3, in the a-
mount of $64,311.00, representing an extension of the pres-
ent bond for one year, be approved.
A Petition for Annexation of 51 acres of land adjoining the north-
east boundaries of the Town was presented to the Town Council, with At-
torney James H. Chamblin representing Mrs . Carr, one of .the Paitioners .
Mr. Chamblin said that a resolution regarding this annexation was pre-
sented by Mrs . Carr this afternoon for Council 's consideration. Coun-
cilman Titus said he would prefer not to consider this matter at this
time .- he would like time to study the impact of this on the Town, parc-
ticularly with respect to water and sewer, trash collection and police
protection. Mayor Rollins said he believed this would go before only
one judge if the Town remains silent. Mrs . Carr explained that this is
d+ a voluntary petition and, if the Town wished to annex additional prop-
O erty, they would have to start their own Petition and adopt an Ordi-
nance with regard to same . Councilman Wallace asked why the Paxton Home
a was left out, to which Mrs . Carr replied that they are a charitable insti-
tution - it does not make too much difference to them one way or the other
and the Trustees would have to go to Court to obtain permission to be a
party to such a suit. She pointed out that they are seeking annexation
under the Town 's Zoning Ordinance , it would -be proposed that this land
would be developed in single-family residences and some commercial de-
velopment. She pointed out that such annexation would increase the
Town s real estate. taxes . It was also pointed out that the Town would
have - to give some answer within 30 days under the statute, and the hear-
ing is set for February 7th. It was decided that Council would take up
this matter at its first meeting in January.
Mr. Ritter said the study on the Airport Master Plan has been re-
ceived and there had been some discussion regarding holding a joint
• meeting with the engineers and Mr. Rawls to find out more about this
plan. Councilman Wallace suggested that the consultants and Mr. Rawls
be asked to meet with the Committee at 4:00 P.M. on January 16th.
Councilman Titus asked if Council needs to approve an extension of
the survey on Catoctin Circle . Mr. Ritter said he wanted Mr. Blackwell
to discuss this with the Committee.
On motion of Councilman Orr, seconded by Councilman Wallace, the
meeting adjourned at 10 : 10 P.M.
als
Mayor
Clerof the Council
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