HomeMy Public PortalAbout1973_02_14 2;64
MINUTES OF--REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 14 , 1973 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on Febru-
ary 14, 1973 at 7 :30 P.M. The meeting was •called 'to order by the Mayor,
with a prayer being offered by Councilman Wallade . Those present were :
Mayor G. Dewey Hill, Councilmen Walter F. Murray, Robert A. Orr, John W.
'Pumphrey, Herbert L. Ridder; C. Terry Titus and John A . Wallace, 'Jr. ;
also Town Manager James W. Ritter, Jr. and Town Attorney George M.
Martin.
The minutes of January 24, 1973 were approved with one correction, '
that being in the second paragraph of the second page, change"Januarys`
to "February. " The minutes of the Called Meeting of February 6 , 1973
were approved as written.
Town Manager Ritter reported as follows :
(1) The Catoctin Circle-Blue Ridge Storm Sewer Project will be
covered by performance bond and necessary insurance coverage prior to
Perry 's starting to work.
(2) A price is being secured from Perry Engineering on the West
Market Street sewer line .
(3) We have a letter from Dewberry, Nealon & Davis confirming
the $1,500 figure on the survey and plans for extension of the Blue
Ridge Storm Sewer from Queen Street to Washington Street. They will
complete work three weeks after written authorization.
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(4) If the 27 ,091 square feet of land is granted to/Loudoun County
Rescue Squad, the deed should carry the same provisions as .the first
deed with regard to the 30 ' sanitary sewer easement •atid reversion of this
property, should the Rescue Squad cease operations.
(5) He explained the details of the proposed appropriations .
(6) Item 6 authorizes the Mayor to sign the forms for Application
for Planning Grant on the Master Plan for the Airport. These forms
have been prepared by Henningson, Durham & Richardson . We paid $13, 13
for Phase One of the Report, and are asking for a Federal Grant of
$8 ,754 .66 . You will note , in their letter, that they are preparing
forms , sketches and justification necessary to file a request for aid
with the FAA for 36,000 square yards of parking apron and holding apron .
This will cost approximately $15 ,000 to prepare construction plans and
they are asking for our advice .
(7) We have a written proposal from Dewberry, Nealon & Davis on
the drainage study from Catoctin Circle to a point on the south side of
the old W. & 0 .D. right-of-way , not to exceed $3 ,000. This is necessary
in connection with the Route 7 Urban Project.
(8) The amendments to the Water and Sewer Ordinances are identical,
and establish the time when water and sewer tap fees are to be paid
and forfeits such right if construction is not started within one year.
(9) Jack Williams brought up the study today on Availability Charges .
This shows the recommended fees to be charged and is something we should
get into pretty quickly .
(10) Item 2 on the Agenda Addition is for work toeliminate infiltra-
tion on another sewer line , at a cost of approximately $9 ,400. Seventy,
per cent of this line is in paved or graveled areas, where they could
get to it in spite of wet ground.
(11) We received word today from the Water Control Board that we
' r' may be in a position to receive additional grant money on our recent
sewer program. Where we received 30 per cent before we may receive .
50 per cent or 55 percent. This would mean another $400,000. This in-
formation has been worked up and sent off today.
Councilman Titus said the Planning Commi Sion is in the middle of
going over the site plan ordinance and the97 % know Council ' s feeling as
to the administration of this ordinance . They have one more session on
this and it will probably go to Public Hearing sometime within the next
month . It is critical to have some feeling on this .
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MINUTES OF FEBRUARY- 14, 1973 MEETING. -
Mr. Titus asked if a letter has-been received from Mr. Payne re-
garding the speed-up of the Master Plan - he should have written this .
Mr. Ritter said he has not seen one .
Mr. Titus also asked the situation on flood plain insurance for
those residents within '.tYetown. Mr. Ritter said that , in order for this
to be availabie; ,both the Master Plan and the floodplain study must be
completed - he got this information from Mr. Wiggins , County Engineer.
Mr. Titus said he could not understand why it is available to residents
of the County when they do not have a flood plain study. Councilman
Wallace suggested that a letter be written questioning this .
On motion of Councilman Pumphrey, seconded by. Councilman Ridder,
the following resolution was unanimously adopted after some discussion :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that a contract be entered into with Perry Engineering Com-
pany for the construction of the Catoctin Circle-Blue Ridge
Storm Sewer, at their bid of $40, 965 . 25 .
Q' Councilman Wallace explained that the Finance Committee believes there
O is enough money in the 1971 Bond Issue , including the check received
tonight on the Grant payment, to take care of this project and the
Fisher-
' Bishop Storm Storm Sewer and probably that from Queen Street to Washington
Street . Councilman Pumphrey said he could readily see the need for this
project . Prices were secured about a year ago and the bids were all too
high, however, Dewberry, Nealon & Davis feels that the above price is
very much in line .
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 Dewberry , Nealon & Davis be authorized to make survey
and prepare construction plans on the extension of Blue. Ridge
Storm Sewer from Queen Street to Washington Street, at their
proposal of $1 ,500 maximum.
Mr. Ritter explained that Item 1 leads into Item 2 .- he has no idea of
the cost yet, but would not think it would be more than $10,000 - it is
not a very big job. He said Perry would be in a better position to do
this at the same time they do the first job and thinks it could be worked
out if their price is not too high.
On motion of Councilman Titus , seconded by Councilman Murray, Council
voted unanimously to go into Executive Session to discuss:annexation,
land acquisition and sewer availability and the legal aspects thereof.
This was at 7 :55 .
Open session was resumed at 9:00 P.M. On motion of Councilman Titus ,
seconded by Councilman Ridder, the following resolution was presented :
WHEREAS , the Town Council of the Town of Leesburg has been ad-
vised by the State Water Control Board of the Commonwealth of
Virginia that it is watching very closely the overall operation
' of the- Town 's Sewage Treatment Plant because of its hydraulic
loading and BOD5 removal , and
WHEREAS, as a result of this action of the State Water Control
Board, the Town Council finds it is necessary to restrict the
further approval of connections to public water and sewer, and
WHEREAS, the Town Council of the Town of Leesburg has not ap-
prised the Town Manager of Policy Guidelines to be followed
regarding the State Water Control Board ' s action, and
WHEREAS, the Town Manager has not accepted any availability
and water and sewer tap fees due the Town of Leesburg since
the time of the State Water Control Board 's action,
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MINUTES OF FEBRUARY 14 , 1973 MEETING.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg , that the Town Manager be and he is hereby
directed to continue the present temporary policy of accept-
ing no availability and water and sewer tap fees and to ac=
cept no off-site fees , and to discontinue approving plans
using public water and sewer facilities, until the Town
Council sets permanent Policy Guidelines regazding sewer-avaiI-
• :ability in the Town of Leesburg and its environs, and
BE IT FURTHER RESOLVED, that the Zoning Administrator be and
he is 'hereby .directed to discontinue issuance of Zoning Cer-
tificates
where public water and sewer is necessary until the
above-mentioned permanent policy is outlined, and
BE IT FURTHER RESOLVED by the Town Council of the Town of Lees-
burg , that the Planning Commission be immediately apprised of
this action, and that it is hereby requested to defer approval
of pre-preliminary, preliminary and final plats of subdivisions
which will be served by public sewer and water facilities until
the above-mentiored 'permanent policy is outlined.
For the benefit of the audience, Mayor Hill explained that the Town has t
had someti' ng thrown at it that it had not planned on. Perhaps this is ..
a blessing/disguise and maybe it is time to stop and look real seriously::
at where we have been and where we want to go. 'It is hoped that this _
resolution is not too res tfi - it is a temporary measure while we
appraise our situation. keu , we cannek come up with a policy that
the Town Manager can follow that will be equitable and fair to everybody.
It doesn ' t make sense for a developer to start a .development and then
find he can ' t get such necessities as water and sewer. If he is told in
• the beginning that this is our policy , then he can let his conscience
be his guide . He said he had spent a lot of time in the past two weeks
on this problem, and it is virtually impossible to come up with a policy
that has all the necessary ingredients it should have. He felt sure it
would probably be 30 to 45 days until a decision is made on policy.
Councilman Titus sa4haws&anticipated that they could resolve
this whole thing after the/executive session, but it is bigger than
they thought and, since the meeting with the Water Control Board, there
are a lot of things to look at. The Town Manager needs some direction
from the Council, and it is going to take some long hard thinking as to
what Council is going to do. If we made a false move, we might be under
a moratorium by the Water Control Board.
Councilman Murray said that almost everybody has had environmental
restrictions placed on them. It was understood that our Sewer Plant could
be enlarged when it was built but , good or bad, the guidelines have been
• changed now so that the discharge has to be almost better than drinking
water. The Town will have to live by these restrictions atd we will have
to do what they tell us , regardless of the cost. Other jurisdictions
are affected also. Council feel's that it should take necessary action
to prevent a moratorium being placed on the Town. Mr. Titus added that,
before we can do anything more than chemical treatment, a plan has to be
developed for the region, and Leesburg is part of the "study to be done
by! the Northern Virginia Planning District Commission . We can envision
that it could be a year before we have any idea about Leesburg. Mayor
Hill said we were the principals in the meeting the other day and, if
a region has to be designated, "So be it. " Thetsabove-mentioned resolu-
tion was then unanimously adopted.
Mayor Hill said that, with regard to the annexation' of land pro-
posed
by Mrs . Carr, et al, due to receiving some additional pages to-
night , they have been unable to come to a decision on this. He ap-
pointed a committee of Councilmen Titus , Pumphrey and Murray to work
with Town Attorney George Martin on this within the next two weeks , and.
to come up with a resolution for the next meeting . He said Mr. Martin
would work with Mr . Stackhouse , attorney for the Petitioners.
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MINUTES OF FEBRUARY 14, 1973 MEETING. 267
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' On motion of Councilman Orr, seconded by Councilman Pumphrey, the
following resolution was offered:
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WHEREAS, the Town of Leesburg deeded to the Loudoun County
Rescue Squad a tract of land 31, 196 square feet on the south
side of Catoctin Circle on the old Sewer Plant property, and
WHEREAS, it is' the desire of the Loudoun County Rescue Squad
to obtain extra land by extending the north-south property
lines of the above tract to the south boundary of the Sewer
Plant property , representing an additional 27 ,091 square feet,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that this land be donated to the Loudoun County
Rescue Squad, as shown on plat prepared by deLashmutt Associates ,
July 1972 .
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Mr. Fred Meyer of the Rescue Squad said the land they are asking for is
in the flood plain area. The plans for the building took up almost all
of the available space and they need additional space for parking and
for future expansion. He said -they, along with the Town, have filled
in a lot of this land and are willing to remove any of this fill, if
necessary, and will put up "No Dumping signs . Councilman Wallace asked
W about the proposed recreational facilities discussed last summer. Mr.
Meyer said there was no room for this on the backside of the property.
He said they have to come before the Committee next week with their final
plans and hope to start construction by the week of March 19th. Their
contractor advises that, if everything goes right, they should be in it
in about six months . They still have to make arrangements for financing
the building . The building, etc . will cost somewhere between $140,000 to
$180 ,000, including the road.
On motion of Councilman Titus , seconded by Councilman Pumphrey, the
resolution was amended to add the following :
AND BE IT FURTHER RESOLVED by the Town Council of the Town of
Leesburg , that the restrictions and covenants of the August 6 ,
1971 deed be incorporated in this deed.
The resolution, as amended, was then unanimously adopted. Mr. Meyer
asked if the Utility Committee is planning anything in the way of a swim-
ming pool for this area . The Mayor said not at this time - the Committee
will take this in hand eventually. Mr: Meyer also asked about being able
to hook onto water and sewer. Mayor Hill said no action is to be taken
until we establish a policy , however, Councilman Murray said this will
be a public building , so should present no problem.
On motion of Councilman Pumphrey , 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 following appropriations be made :
$ 389. 10 - Dewberry, Nealon & Davis - Sewer Design & Stakeout
on -S . Wirt Street . (1971 Bond Issue) .
237 . 10 - Dewberry, Nealon & Davis - Construction Stakeout
on Hospital Project . (1971 Bond Issue) .
500 .00 - Supplemental Appropriation for Police Uniforms .
48. 55 - Bank Service Charges on Debt Service . (General
Fund) .
39. 18 - Supplemental Appropriation for purchase of Auto
Tags .
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2 ,000.00 - Supplemental Appropriation for Police Car Maintenance.
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MINUTES OF- FEBRUARY 14, 1973 MEETING. •
$ 225 .00 - Maintenance Contract on Utilities - 2-way Radio. 1
331.20 - Secretary 's Desk .
350 .00 - Purchase of V-Notch Wier (Utility Fund-Materials) :
There was a great deal of discussion with regard to the amount of money
spent for police car maintenance , as well as the best procedure to be
followed in purchasing police cars . Chief Kidwell explained . that it is
better to buy cars through the State Department of Purchases and Supply,
particularly calling attention to the fact that these cars are con-
structed with heavy-duty equipment especially for police work, as well )
as costing less through the State . He also suggested that it might be
well to consider taking cars out of police service when they have ac-
cumulated as much as 60 ,000 miles on them. It was pointed out that the
Town has ordered a car with a smaller motor this year, believing that this
will be more economical for in-town driving. Councilman Titus also asked
if the $225 .00 appropriation for the maintenance contract on the two-way
radio would include switching the radio to the new truck when it comes in.
Mr. Ritter explained that this charge would be minimal . The above reso-
lution was then unanimously adopted.
On motion of Councilman Wallace , seconded by Councilman Ridder, the
following resolution was adopted by a vote of 6 to 1, with Councilman
Titus abstaining :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the Mayor be authorized to sign the forms for Application
for Planning Grant in connection with the Master Plan of the
Airport being prepared by Henningson, Durham and Richardson.
Councilman Wallace explained that this Grant is already approved - this
is reimbursementto us for 66-2/3rds per cent for the first stage og the
plan .
On motion of Councilman Orr, seconded by Councilman Murray, the
following resolution was offered for discussion :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that Dewberry, Nealon & Davis be authorized to proceed with
a drainage study from Catoctin Circle leading to an existing
ditch back of VEP00 to a point on the south side of the old
W. & O .D. right-of-way , at a cost not to exceed $3 ,000.
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Councilman Pumphrey said he was/ too sold on this project, however, Mayor'
Hill pointed out that this will be a concentration of water coming from
Bishop and from the Urban Project, which will make a real sudden burst
about the School and, unless we try to divert it or take it on down to
the Town Branch , we might be inviting some real problems in the future.
Mr. Ritter said this developed from the Urban Project and probably should
have been taken into consideration when it was started. This is a natu-
ral flow that would :go from the ditch at Reed Johnson ' s down to the
W. & O .D. and just stand there - we have no easement , so have no right
to even clean it up. It all goes down under the track where the culvert
is too small, and this is a good-sized project . This same culvert car-
ries all the development on the north side of Route 7 , the apartments
and Fort Evans Road. It will probably have to be built within the next
year or two. Councilman Ridder said he thought this was for just study
and design of the project . Mr. Ritter said the figure for the design
was around $7 ,000. Mayor Hill said this study would be just to pin-
point
our problem. Councilman Pumphrey said Mr. Blackwell said the
water would spill out over the school property and finally seek its
way out . He understood this was a portion of school property that is
not being used because it is so swampy , and suggested that perhaps the
School Board might want to go along with this so they can use this prop-
erty. There was discussion as to just what is meant by "preliminary engi-
neering design. " Mayor Hill said he understands they will give us what
we need to- do now, as well as a long-range program. Mr. Pumphrey said
the structure under the Railroad could run as high as $40,000 to $50,000.
Mr. Ritter said he had some off-site fees on this . The resolution was
then adopted by a vote of 6 to 1, with Councilman Pumphrey voting against
it .
269
MINUTES OF FEBRUARY 14 , 1973 MEETING.
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Amendments to the Water and Sewer Ordinances will be deferred un-
til a new policy is established and will be incorporated into it.
On motion of Councilman Orr, seconded by Councilman Murray, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Resolution adopted on September 8, 1965 , designating Peo-
. ples National Bank as depository for account in the name of
"Town of Leesburg , Virginia , -Police Court, " be amended to show
the Substitute Police Justice as Robert W. Ahrens , effective
July 1 , 1971.
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On motion of Councilman Pumphrey , seconded by Councilman Titus,
the following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the contract with Southern Line Cleaning for cleaning,
T.V. inspection and sealing of sewer lines be increased by
4 ,595 ' , to cover proposed work west of Morven Park Road and
c.p north of Rt. 7 , at an estimated cost of $9,400.
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Mr. Chauncey Smith, Vice-President of the Loudoun County Branch of
= the NAACP, was recognized at this time . He wished to bring to the at-
tention of the Council the discriminatory policy being used in the hir-
az ing of employees in the Town, especially in the Police Department. He
said they had been trying to get a black person employed in the Police
Department since 1968, with no success . About four months ago, several
members of the NAACP met with the Town Manager and discussed this . At
that time , Mr. Ritter agreed there should be •a black person on the force
and gave them a copy of the regulations , which stated that requirements
called for a person to be from 21 to 34 years of age . Since that time,
five new officers have been hired (all of them white and one of them
50 years of age or more) . He said the NAACP would like for the Town
to terminate the employment of the person over 50 until a black person
is hired by the Police Department. Mayor Hill asked if a black person
had made application. Mr. Smith( - said there had been anapplication
by a 30-year old black man with some college education and he was told
there was a possibility that he might be hired, however, he was told
that another applicant was better qualified than he was . He said the
Town had no intention of hiring a black person in the Police Department .
Mrs . Lou Etta Watkins , Secretary of the local Branch, also addressed
Council, concurring with Mr. Smith ' s remarks . She added that the Town of
Purcellville has taken such steps to hire a black policeman. Also, she
said they feel that, if a man is qualified enought/wear the uniform and
- drive the police car at times , then he should be qualified to have full-
time employment as an officer. She reiterated the fact that they really
object to the age limit and the fact that a man of 50 or over has been
hired. She asked that Council give direction to the management of the
Town to remedy this situation.
Mayor Hill said he believes this needs some discussion and thanked
Mr. Smith and Mrs . Watkins for coming . He referred this matter to the
Police Committee for study and report back to the Council, and assured
them that Council will give it full consideration. -
Motion was made and seconded to adjourn, however, Councilman Titus
had another item to be discussed, so this motion was defeated.
I Mr. Titus explained that he needed some direction from Council as
to how they wish the Planning Commission to handle the administration -
of -a site plan ordina ce' He WINE ained that, as it is now, it is
up to the Town Mat�Rge/O' gS �wn l� n ger secures reports from the vari-
ous personnel in the Town and the County and reports it to the Planning
Commission. The Commiss}Rp Opt@ q{iWe,saas recommendation to the Council
and Council in turn approves7Ehe Performance Bond, as well as water and
sewer line extensions . Councilman Wallace felt that each site plan is
different and that it should be up to the Planning Commission. Council-
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ouncil-
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MINUTES OF FEBRUARY 14, 1973 MEETING .
_n Ridderbe!&_d this is a Planning Commission function. Councilman \
,pAreybe!&ma the Town Manager should actually approve the site plank
He gets all the information and he should come up with some items that
the Planning Commission could miss . Mr. Rittersadhe believes asite
. Plan should Rom 6a :±eP&min Commission for the final say, buth \
feels that Mr. Chaves and he should be able to look at it and make act 4
mepdations to the Commission.
On motion of Councilman Murray, seconded by Councilman It 2a , the \
meeting was adjourned at 10 :00 P.M.
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