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HomeMy Public PortalAbout1973_03_28 21 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 28, 1973 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia , on March 28 , 1973 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman Orr offering the prayer. Those present were : Mayor G . Dewey Hill , Councilmen Walter F . Murray , Robert A. Qrr, 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. Mar- tin. The Minutes of the regular meeting of March 14 , 1973 were cor- rected by Councilman Titus on the fifth ' page , next to last paragraph, to place a period after the word "votes" on the fifth line , eliminat- ing the words "and Mr . Reynolds receiving three . " The Minutes were then approved, as corrected. Mayor Hill asked if there were any petitioners who wished to ad- dress Council on any matter other than the Sewer Policy. There being none, the meeting proceeded on to the report of Town Manager Ritter, who reported as follows : (1) The regional programs planned by the Comprehensive Law En- CD CD forcement Plan of the Northern Virginia Planning District Commission QD look very worthwhile . There are a total of 17 different programs on 1-3 Police training and we want to participate in all of them, if possible. Q Our cost would be $3 , 552 , which could be set up in the new Budget. (2) The increase in the motorcycle license fee from $3 .00 to $8 .00 is the same as the County is charging . (3) He has in hand the bids from the four Banks on the invest- ment of Revenue Sharing funds . (4) The supplemental appropriation for Police uniforms should be changed to $500, this being for summer uniforms . Prices were higher than anticipated. The $1 ,000 contribution to the Library is the Town 's usual one and is already in the Budget . (5) The proposed change in parking meter time has been under dis- cussion for some time and it is definitely felt that less time should be permitted on the meters . There would be no pennies used in this system, with the exception of the meters in front of the old Post Of- fice. The cost of this change-over would be about $180 .00 on the Park- ing Lot and about $386 .00 on the street meters . The work can be done by Town forces . The total expense would be approximately $600 . This is an amendment to the Ordinance and should be worded as such. (6) The money for the new Radar Set was appropriated out of Reve- nue Sharing money, however, this money did not become available until March 25th. The Radar Set was received and paid for on March 1st out of General Fund-Capital Outlays in order to take advantage of the dis- count . This resolution would reimburse the General Fund when the Reve- nue Sharing money becomes available in ninety days . (7) We received a letter from the Attorney General 's Office today, stating that the Town 's policy on water and sewer connections is on firm legal ground . It would probably be a good idea to make this a part of the Ordinance . (8) A resolution on the Addition to the Agenda authorizes the Town Manager to sign the "Assurance" form requested by HUD. Mr . Pente- cost will be here tomorrow to go over this with him and to review the history of the acquisition of the Rust property . On motion of Councilman Wallace, seconded by Councilman Orr, the following resolution was unanimously adopted after some explanation as to what these funds will be used for and the advantages of such a facility being located this close to us : WHEREAS, the Northern Virginia Planning District Commission has given the Town of Leesburg an estimated breakdown of costs re- quired for each jurisdiction to participate in the regional pro- grams identified in the Comprehensive Law Enforcement Plan, and 22. MINUTES OF MARCH 28 , 1973 MEETING. WHEREAS , the estimated costs to the Town of Leesburg will be $3 , 552 to entitle the Town to participate in these programs , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Northern Virginia Planning District Com- mission be advised that the Town will participate in the pro- grams , and will furnish its share of cost , estimated at $3 ,552 . Mr. Ritter explained that this will go toward construction to the addi- tion on the Northern Virginia Police Academy and other items, such as the cost of administration. Some of the courses offered will- be specialized training , community relations , drug programs , civil dis- orders , etc . He said we are participating in most of the programs offered at this time . Chief Kidwell commented that this will be close,. to us and will be convenient for those officers attending school so they can travel back and forth during this time . Also, as our Depart- ment grows , the various courses offered will be very beneficial to us . Councilman Titus asked about the radios . Mr. Ritter explained that the State Purchasing Office is going to put them out for bids and he imagines they are waiting to get information from other jurisdictions so they can advertise all of them at one time . On motion of Councilman Wallace , seconded by Councilman Pumphrey, the following Ordinance was unanimously adopted: BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec . 13-141 of the Town Code be amended to increase the license fee on motorcycles from $3 . 00 to $8.00 . The amended Section will read: "The amount of the license fee imposed or provided in Section 13-140 shall be $15 for automobiles and trucks , and $8.00 for motorcycles . " Mayor Hill welcomed Mr . Thomas J . Hatcher, •Vice-Mayor of the Town of Purcellville , who was present to observe and because of his inter- est in the Sewer Problems . Bids were opened by Town Manager Ritter at this time on the in- vestment of Revenue Sharing Funds , as follows : North American Bank & Trust - $42 ,677 - v05 annual percentage rate .05128 effective' annual yield • $40 , 278 - .05 , same annual percent- age rate . First Virginia Bank - 5% on both. First & Merchants Bank - 5% on both. Peoples Nat . Bank - 5% on both. Mayor Hill said that , in accordance with the Town ' s policy where all bids are alike on investments under $50,000, a straw vote would be taken . This was done by Councilman Orr. On motion of Councilman Wal- lace, seconded by Councilman Pumphrey , the following resolution was unanimously adopted : WHEREAS, bids will be opened at the Council meeting on March ' 28 on the reinvestment of Revenue Sharing Checks in the amounts of $42 ,677 due March 25 , 1973 , and $40,278 due April 11, 1973, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that Peoples National Bank be awarded the invest- ment of $42 ,677 for a period of ninety (90) days , at an inter- est rate of .05%, and North American Bank & Trust be awarded the investment of $40 , 278 for a period of 90 days , at an in- terest rate of .05%. 23 MINUTES OF MARCH 28, 1973 MEETING. Councilman Titus expressed his hope that the next time Revenue Sharing Funds are received, we will have some program to use it for . Council- man Wallace explained that, since we have to advertise what we plan to spend such monies for , the Finance Committee wants to work it all up and advertise it all at one time . The General Fund can be reimbursed later on . With no program having been worked up yet , it is wise to in- vest this money in the meantime . On motion of Councilman Wallace, seconded by Councilman Orr, the following resolution was unanimously adopted : ' BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriations be made : $ 3 .60 - Exspeedite Blueprint Service . Printing in con- nection with Potomac Water Facility . 1972 Bond Issue . 500 .00 - Supplemental Appropriation for "Police Uniforms . " 1,000.00 - Contribution to Library. C) cc Mayor Hill commented that our Police Force looks very dapper and com- "D plimented Mr. Ritter and the Chief on their outstanding appearance. Councilman Titus called attention to the fact that the County has ap- pointed : a Library Board and he thinks the Town should contact this Board before any contribution is included in next year ' s Budget to see what is expected of the Town . Councilman Wallace said this request will be for a capital improvement program. Councilman Orr would like to see the Town have a member on this Library Board. On motion of Councilman Orr, seconded by Councilman Pumphrey, the following resolution was offered, however, it was withdrawn by the makers since it was felt it was premature : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to make the necessary changes in parking meters as described in the Ordinance be- low, at an approximate cost of $600 . On motion of Councilman Wallace, seconded by Councilman Ridder, the following Ordinance was unanimously adopted: BE IT ORDAINED by the Town Council of the Town of Leesburg , that Sections 13-111(c) and 13-116 of the Town Code be amended to reduce the time on parking meters on the streets and Munici- pal Parking Lot to provide for the following : Street Meters 1 hour for 1 nickel and 2 hours for 1 dime . Municipal Parking Lot 1 hour for 1 nickel , 2 hours for 1 dime and 5 hours for 1 quarter. The amended Section 13-111 (c) would read: Municipal Parking Area between Wirt Street, King Street, Loudoun Street and Market Street for five-hour parking . Section 13 -116 would be amended as follows : Sec . 13-116 . Duty of owner or operator of vehicle upon enter- ing a parking meter space ; occupation of parking meter space ; extension of parking time . The owner or operator of a vehicle upon entering a parking meter space , marked as provided in section 13-113 , on the streets of the municipality , with his vehicle , during the time parking meters are in operation, as provided by section 13-112 , shall immediately deposit a coin or combination of coins of the 24 MINUTES OF MARCH 28 , 1973 MEETING. United States in the parking meter situated at the side of the parking meter space so entered and shall operate the parking meter according to the instructions thereon. Failure to com- ply with such requirements shall be unlawful. Upon the deposit of a five-cent coin, ten-cent coin or twenty-five-cent coin and placing the parking meter in opera- tion, the parking meter space in question may be lawfully oc- cupied by such vehicle during the period of time prescribed on the parking meter legend for the particular amount deposited. Parking meters located where two-hour parking is permitted, when properly operated shall be so adjusted that additional five-cent coins may be deposited at any time throughout the two-hour period . The deposit of each five-cent coin shall per- mit the vehicle to be parked for a period of sixty minutes ; and the deposit of each ten-cent coin shall permit the motor or other vehicle to be parked for a -period of one hundred twenty minutes ; provided; however, that parking in certain de ##gnated parking meter zones shall be restricted to the lim- it/fifteen minutes at any one time . The parking meters in parking lots owned by the municipality, upon which parking meter spaces have been marked and parking meters erected, as provided in section 13-113 , shall require, during such period as the parking meters are in operation, as provided in section 13 -112, a deposit of five cents or a park- ing meter token fora period of one hour or a deposit of ten cents fora period of two hours and twenty-five cents for a period of five hours . It was explained by Mr . Ritter that fifteen-minute parking would remain in effect in front of the old Post Office Building. Mayor Hill compli- mented Mr . Chewning of WAGE Radio for his comments regarding the park- ing meter change this' morning ; also, he expressed his hopes that the public would pRreciate the fact that inflation is with the Town too.:. Town AttorneY7ANIPd how this would be handled during the time that the changeover is being made . Mr. Ritter explained that it would take about three weeks to get the materials and approximately a week to make the changeover. Chief Kidwell said the officers would work with this un- til they are all changed . On motion of Councilman Pumphrey, seconded by Councilman Wallace, and there being no objection to considering this tonight, the follow- ing resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to make the necessary changes in parking meters as described in the Ordinance above, at an ap- proximate cost. of $600 .00. On motion of Councilman Wallace, seconded by Councilman Orr, the following resolution was unanimously adopted: WHEREAS, $1, 295 .00 was appropriated by the Town Council on February 28 , 1973 for the purchase of a new Radar Set for the Town Police, to be paid for out of Revenue Sharing money, and WHEREAS, the Radar was actually paid for out of General Fund - Capital Outlay due to the inavailability of the Revenue Shar- ing money at that time , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that $1,295 .00 be transferred from Revenue Sharing money to General Fund - Capital Outlay, at such time that the money is available from this fund. 2 MINUTES OF MARCH 28 , 1973 MEETING. On motion of Councilman Murray, seconded by Councilman Ridder, the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to sign, on behalf of the Town of Leesburg , the attached "Assurance" for acquisi- tion of property at the Potomac Water Facility . Mr. Ritter explained that this is the first time HUD has asked for such i' a statement . He has a meeting with Mr . Pentecost tomorrow morning . ; Mayor Hill read a letter written by Mr. Pentecost to the Town Manager, s,, - forwarding this "Acquisition" form to the Town. Mr. Ritter explained that he has prepared a chronology of the events surrounding the acqui r_,/ sition of the Rust property , together with costs involved, to be pre- sented to him at the meeting tomorrow, in accordance with his request in his letter. The resolution above was then unanimously adopted. Mr. Ritter reported that Mayor Hill , Mr . Bozel , Mr. Pumphrey and he accompanied Mrs . Carr yesterday , looking for a site for the water tank . They measured in accordance with her instructions and placed stakes at various locations described by her to be the proper distances from the tower and the range. This appeared to be the highest point. GO However, in locating this point on the USGS map, this is the exact lo- cation where they had it before . This is about . 7 mile from the inter- .= section of the By-Pass and Fort Evans Road and the pipe would have to be installed in the road, which is only 12 feet from ditch to ditch. This would mean we would have to block traffic for weeks and perhaps months , besides the fact that we could hit solid rock . The site could be approached from Edwards Ferry Road, but this would be 3200 feet and a difference in elevation of 100 feet - also, it is a heavily wooded area and very rough. Thg gg is a better location from Edwards Ferry Road up the road going to/Westinghouse Plant, following the road along the ridge going to the site . This is the only site she would let us have. This information has been sent to Johnson and Williams ; along with a request to have someone come up here and go over it on the ground. He said he would call Mr. Williams tomorrow and try to get someone up here as quickly as possible . Councilman Orr left the meeting at this time . Councilman Titus commented that a considerable amount of time and money is being spent while we are waiting - he believes we should get this straightened out in a month or else look for another site . Mr. Ritter said he sees no reason why this cannot be done , we have to determine whether we can lay the pipe down her road, where it would be easy to get to for maintenance , and there would be no clearing or grubbing. There is apparently no rock this way either. On motion of Councilman Ridder, seconded by Councilman Wallace , the following Ordinances were offered for discussion : (1) BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec . 25-7 . 1 of the Town Code covering Availability Fees for Water be amended, as follows : Single-family dwellings , town houses , duplexes , semi-detached units , multi-family units , apartments , condominiums and mobile park homes - $1,300 per living unit . (2) BE IT ORDAINED by the Town Council of ' the Town of Leesburg, that Sec . 19-14 . 1 of the Town Code covering Availability Fees for Sewer be amended, as follows : 4 Single-family dwellings , town houses , duplexes , semi-detached units , multi-family units , apartments , condominiums and mobile park homes - $1,300 per living unit. 1' Councilman Titus explained that the Council had two areas with which to work - (1) the problem of infiltration and either chemical treatment or an equalization basin - both of these to hopefully bring the present Plant to operate at full capacity ; and (2) the debt service to be taken 26 MINUTES OF MARCH 28 , 1973 MEETING. care of. The two items have mainly caused the increase . If we are not successful in correcting the infiltration and using either chemi- cal treatment or an equalization basin, there is no more sewer for the Town of Leesburg . It is as simple as that - the Water Control Board will cut us off. He believed this amount has been justified with engineering and accounting methods - we know this is what we have to have to construct the facilities . Councilman Wallace added that they are not intending to make any developer pay in its entirety for the amortization of the Bond Issue . Any new connections should pay for one-half of the remaining debt on the Sewer Plant . Basically, • the figures are one-half of the outstanding debt and the cost of in- `. filtration and chemical treatment . Councilman Pumphrey said they had hoped to hold the cost down to $1 ,000 apiece , but there was no way it could be done . Councilman Murray commented that the builder will pass this cost onto the purchaser, comparing this with the rising cost of meat. Mayor Hill then addressed the audience , explaining that the Town has been under restraints since right after the first of this year when he took over as Mayor. This has apparently been building up over a period of some time and reared its ugly head in January . He said he knew a lot of the people in the audience have appeared before the Water Control Board, which is one of the most powerful agencies in the State . ' They made believers out of the members of the Town Council. The Town has taken this matter very seriously . The Town Manager has hired three or four additional men for the abatement program and this is all they are doing - this program is going on at full speed . We have a TV inspection company here working as well, in fact, to watch this out- fit is a fine show, they can show you things that will make you scratch your heads . He feels sure this infiltration program will be followed through and it is only through the success of this program that we can even hope to have our Plant operate at complete efficiency. As a re- sult of this , everyone will benefit and we will all have to bear the cost . The Street Committee realizes how important this program is now. It was thought that all we had to do was to ask the Water Control Board to approve plans for doubling the capacity of our Plant when we reached hydraulic capacity , but this is not the case . We first have to get this Plant operating at its designed capacity before we can even hope to enlarge it . He said he knows this is a bitter pill to swallow, but it is to the Council as well . Various members of the audience addressed Council at this time , each with his particular problems . Among them were Mr. Fredric Spain, of Loudoun Hills Subdivision ; Mr. Bernard Steinberg , of Crestwood Ham- let ; Mr. Arl Curry ; Mr. Sidney Mensh, of Leesburg Estates , Section IV and Mr. Bob Silverman , also representing Loudoun Hills . Questions posed were with regard to houses already under contract at prices which included only $300 availability charges at the time the contracts were written ; what this will do to the present moratorium - who will get hook-ups , how this will affect final plats , etc . ? Also, why would it not be possible to pass some of these costs back to those people who are already using the sewer, instead of passing it entirel5i to the builder? tire:= Spain also felt that these charges are in excess of those in neighboring jurisdictions . Councilman Titus said charges have been raised in Fairfax from $600 to $ 1 ,000 ; they are $ 1,300 in Manassas . Some are even higher than that . As to raising rates for those already on the sewer, we have a 1 . 2 million dollar debt remaining on the Bond Issue for which the Town is totally responsible . One-half of this the existing residents are responsible for, and the builders are responsible for the other half . Mr . Titus said a great majority of the other questions asked will be resolved tonight in resolutions yet to come . As to houses under contract prior to the adoption of this fee , 4_ this was discussed and it was felt that the new fees would have to be paid by the contractors at this time , with the possibility of con- it sidering any contracts signed prior to the moratorium being considered at a later time . It was suggested by Councilman Murray that copies of such contracts be presented within the next 30 days for consideration by the Council, with no promises being made as to whether there would be any restitution . Councilman Titus suggested that there be a cut- off date of February 14th on such contracts . !, 27 MINUTES OF MARCH 28, 1973 MEETING. Councilman Pumphrey pointed out that the original availability figure had been $1,450 each and they had worked it down to $1,300 . Mr . Spain asked why the Water Control Board is creating such prob- lems now whe4 just two years ago when he started coming here , he under- stood the present Plant had the capacity to serve 10 ,000 people and the capability of being enlarged to accommodate twice that many. Coun- cilman Murray said "COLE" is the problem. They tell us now that the man who made such statements several years ago is no longer with them. This Mr. Cole calls the shots and we have to dance to them. Mr . Spain II said it is a sad commentary when there is so great a need for housing to have such problems creating spiralling costs . He couldn ' t see how the State Government could dictate to a Town that has done all the necessary things for good environment . Why do they need a study when they are building a line from the Xerox Plant to go into the Dulles Interceptor? Councilman Murray replied that this is being done by the Loudoun County Sanitation Authority . Mayor Hill said that , when he went to the Water Control Board in January, he sat for five minutes before he was allowed to even speak. This was the first time that regionalism was mentioned as far as the O Town was concerned. The Water Control Board has been fully aware of eh the Town 's Plant ever since it started in September of 1970 . We knew CG ,.' we had infiltration and were and are continuing to do something about ,^ it, but we did not know it was such an important problem as it is turn- s, ing out to be . The Board has been monitoring us every month, but we did not hear from them until the end of last year. He told the Board they should have told us if we had any problems a couple of years ago . Never one time did they feel that they could not expand the Plant, and take care of the infiltration - they were under the impression that this would be done as a maintenance problem, but the Board said "No. " . The Ordinances above covering Availability fees were then unani- mously adopted . On motion of Councilman Ridder, seconded by Councilman Murray, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Leesburg Planning Commission be requested to stamp all pre-preliminary and preliminary plats of subdivisions now in effect, and which are subsequently submitted for approval, with a stamp having language to the effect that approval of such a plat or plan does not constitute a committal by the Town that public water and sewer services are available to the site and, in addition, inform the subdivider of its ac- tion by registered mail, if previously approved. On motion of Councilman Titus , seconded by Councilman Wallace, the above resolution was unanimously amended by adding after the word "approval, " at the end of the fourth line the following : "and the Town Manager be requested to stamp all site plans at initial sub- mission". Mr. Titus explained that this is an attempt by Council to notify the prospective developer that there could be or there is a problem. The resolution, as amended, was then unanimously adopted and reads as follows : BE IT RESOLVED by the Town Council of the Town of Leesburg, 1 that the Leesburg Planning Commission be requested to stamp all pre-preliminary and preliminary plats of subdivisions now in effect, and which are subsequently submitted for approval, and the Town Manager be requested to stamp all site plans at initial submission with a stamp having language to the effect that approval of such a plat or plan does not constitute a com- mittal by the Town that public water and sewer services are available to the site and, in addition, inform the subdivider of its action by registered mail, if previously approved. 2 8. MINUTES OF MARCH 28 , 1973 MEETING. 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 Planning Commission be notified by the Zoning Adminis- trator to begin to accept for consideration pre-preliminary and preliminary plats , for compliance with the Subdivision and Zoning Ordinances and all other requirements of the Comprehen- sive Plan, which are proposed to be served by public sewer and water, and BE IT FURTHER RESOLVED by the Town Council of the Town of Lees- burg , tha rrnlanning Commission be notified that it accept for consideration pre-preliminary, preliminary and final plats , for compliance with the Subdivision and Zoning Ordinances and all other requirements of the Comprehensive Plan, which will pro- vide for the disposal of sewage by means other than the munici- pal sewage system. On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Zoning Administrator is hereby directed to immediately revise the official form required in Article 9-2 of the Town 's Zoning Ordinance to include a listing of all requirements of the Town and all fees imposed by the Town, and BE IT FURTHER RESOLVED by the Town Council of the Town of Lees- burg , that the form also include an indication that all require- ments have been satisfied and all fees paid, the date of satis- faction and/or payment and signature of the proper official or body, or its agent , and • BE IT FURTHER RESOLVED by the Town Council of the Town of Lees- burg, that the Zoning Administrator be directed to issue no Zon- ing Certificate for any structure proposing to use public water and sewer unless , where applicable, the site plan has been ap- proved by the Town Manager, and/or final subdivision plat ap- proved by the Planning Commission, and provided that, in all cases where applicable , water and sewer extensions and bonding method have been approved by the Town Council , and fees imposed by the Town and all other requirements of the Town have been satisfied. On motion of Councilman Pumphrey, seconded by Councilman Wallace, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Attorney is hereby directed to review all con- tracts and agreements to be entered into, and ordinances and policies to be adopted by the Town, and that he be requested to submit , in writing, his comments on those documents , and BE IT FURTHER RESOLVED by the Town Council of the Town of Lees- burg , that the Town Manager is hereby directed to convey all of the above documents to the Town Attorney for his review and com- ment . On motion of Councilman Ridder, 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 is hereby directed to immediately advise the County Engineer of the County of Loudoun that he is hereby requested, pursuant to Title 32, Chapter 1, Section 9 of the Code of Virginia, as amended, to issue no building permits for any structure which would have to be connected to the Town of Leesburg ' s sanitary sewer system until written confirmation from the Town Manager has been obtained indicating capacity is available in the said system, and that all requirements of the Town of Leesburg have been satisfied. NOW Xx 29 MINUTES OF MARCH 28 , 1973 MEETING . On motion of Councilman Titus , seconded by Councilman Ridder, the following Statement of Policy was placed on the floor for discussion : TOWN OF LEESBURG 'S STATEMENT OF POLICY • REGARDING SANITARY SEWER AVAILABILITY SUBSEQUENT TO A COUNCIL RESOLUTION : I, REGARDING THIS MATTER DATED FEBRUARY 14 , 1973 4• Leesburg 's Sewage Treatment Plant was designed for 1 .3 " m.g .d . , of which 0 .3 m.g . d . is reserved for excessive infiltra- : . J . I tion. During wet weather, the Plant has been receiving far in •„ excess of the 0 . 3 m.g . d. in infiltration. The Town is under- taking a vigorous program to reduce this excessive infiltration to a minimum . During the month of September, 1972 (a dry month) , the flow through the Plant was approximately 470,000 gallons , of which the Town assumes all was' raw sewage . Subtracting this 470,000 gallons from the 1,000 ,000 gallon design sewage flow, the Town arrives at 530,000 gallons of remaining sewage capacity in the Plant . The Town is now going to allocate the 530,000 gallons remaining • to the following list . The Town wants it understood to all interested parties that this list is drawn assuming the successful abatement of the major portion of infiltration now going into the Plant . If the Town is not successful in this = program, or if the State Water Control Board or Virginia Depart- ment of Health places restraints on the Town , the list will be = re-evaluated and no further connections will be permitted, as shown in this Statement of Policy, until the restraints are re- moved. It is• to be understood by all interested parties that the Town Council resolution noted above in the title is in full force and effect , except for the units covered under the following poli- cy : Allocation of the 530,000 gallons is as follows , and sewage Icapacity is reserved in the following priorities : (Number 1 to be ahead of Number 2 , and so on to Number 4) . For purpose of clarification, the following terms are defined: "Unit" means dwelling or building that requires town sewer services . "Sewer Main Availability" means that no extension of the main is necessary in order to provide sewer service . "Existing" refers to units in place as of the date of the passage of this resolution. 1 . All residential lots in the following residential subdivisions : Waverly Heights ; Fairview Subdi- vision ; Lowenbach Subdivision ; Prospect Hills , Sec- tions 1 and 8, Valley View Subdivision ; Dry Mill Subdivision, Sections 2 and 3 ; Ayrlee, Section 2 ;. Rock Springs Subdivision, Section 1-A; Exeter Hills , Section 1 ; and all existing residential , units inside the Town limits which were not con- ; nected to public sewer prior to February 14, 1973 , and which have sewer main immediately adjacent to 1 the respective units or lots . This will include I all units and lots not provided for under No . 4 below (119 units) . See Exhibit 1 for existing '� units . 38,000ggal . 2 . All units constructed prior to February 14 , 1973 inside the corporate limits , for which sewer may be constructed by the Town after the date of this Policy Statement , and when sewer subsequently be- comes available . (Noyes , Noyes, Paul, Rogers (2) and Fleming) = See Exhibit 1 2 ,000 gal . ,,KK�)), .3XX t&kakxx 30 MINUTES OF MARCH 28, 1973 MEETING. 3 . Public Service units inside Town limits , to in- clude , but not limited to, governmental, utility, volunteer and hospital units . Sewer service to any public service units outside the corporate limits will be at the discretion of the Town Council. 75 ,000 gal r 4. Final site plans that were approved by the Town , Manager prior to February 14, 1973 and final ' , residential subdivision plats that were approved by the Planning Commission prior to February 14, 1973 , provided that water and sewer extensions have been granted and bonding method approved by the Town Council for such plats and plans prior to February 14 , 1973 , both inside and outside corporate limits . The units are as follows : Leesburg Village Apartments ; Loudoun House A- partments ; Leesburg Manor Apartments ; Loudoun Hills , Sec . 1 ; Rock Springs Heights , Sec . 2A and 2B ; Rock Springs Subdivision, Sec . 1-C ; Huntland Homes , Sec . 1 ; Normandy Village ; Sat- tley Subdivision; Exeter Square ; Crestwood Hamlet, Sec . 1 , 2 , 2A, 3 and 3A; Jackson Medi- cal Building ; Wallace Bank Building ; Wallace Office Building ; Virginia Knolls , Sec. 3 ; Country Club Apartments ; Country Club Subdi- ' vision, Sec . 2 and 3 ; Wright Motel; Leesburg Estates , Sec . 3 and 4 ; Exeter Hills , Sec . 2 . 415 ,000 gal 530,000 gal The establishment of the priorities hereinabove set forth shall not in any way be construed as a recognition by the Town that any of the units or lots have received any guarantee of com- mitments by the Town to the sewer system, or that any vested rights have accrued, or that the right to connect to the sewer system is any more than a permit and subject, at all times, to cancellation of such permit if the ability of the sewage system to dispose of sewage becomes limited, impaired , or restrained as above . The establishment of priorities , if any, for all applicants other than those listed in Section 3 and 4" above , who have been advised orally or by stamped conditions on all plats or plans, and by written communications , that approval by Town officials did not guarantee sewer or water connections , will be considered by the Town Council at a later date for connections to the Town sewage system when and if the steps which are being undertaken provide adequate capacity . _ Councilman Titus gave a chronology of events leading up to this proposed Policy . He said that , basically, this Policy speaks to the people who have not paid their fees . The first item includes resi- dential subdivisions and individual lots which have sewer mains im- • mediately adjacent to their properties - the Council feels obligated to these people - they have been paying for the system and the Treat- , ment Plant . The second item is for projects that have been considered. by the Council in the last six months - people who have requested sewer but we have been unable to get the construction plans completed and ' the project under construction. Item No . 3 is for public service units , all of vital public interest. The fourth item includes those , for whom final site plans have been approved by the Town Manager and final subdivision plats approved by the Planning Commission before " the moratorium and for which both water and sewer extensions have been granted and bonding method approved by the Council . The Attorney Gene- ral ' s Office suggested that all names be included and the figures are • not juggled. He said there are other areas which we w w ld like to have included, however, the Attorney General ' s Office would not go along with this . Mr . Titus said he knew this would probably hurt some people , 31= MINUTES OF MARCH 28, 1973 MEETING . - but Council feels this is as equitable as they can be and hopes those that feel injured know that we will do our utmost to get them on the sewer system. It was pointed out that this does not lift the mora- torium of February 14th, except for those listed in this Policy State- ment . Since the drawing of this Policy , we have had word that per- haps chemical treatment is not the way to go . He emphasized, though, that WE ARE GOING TO HAVE SEWER CAPACITY. Councilman Pumphrey commended Councilman Titus for his hard work, long hours and knowing the right people to call to get the needed in- formation. He said that, without him and Councilman Wallace and his calculator, he did not believe they could have reached this policy in another six weeks . Councilman Titus said everybody had a hand in this and thanked Town Attorney George Martin, the Attorney General 's Office and the Fairfax County Attorney for their help. Councilman Murray added his blessings to this , and Councilman Ridder said Mr. Titus was instrumental in this , although all have had a hand in it . He said there were a number of problems in arriving at what is fair for one and unfair for another. Individual problems have to be worked out after drawing a line and he thinks this Policy will allow some dis- cretion to look into the problems that are left over. Councilman Wal- Qj lace said this is one of the toughest problems Council has ever had to Q; deal with and thanked Mr. Titus for the outstanding job he has done . Mayor Hill echoed these compliments , and added that he believed the meeting last week in the Attorney General 's Office was must fruit- ful. The young attorney they met with was with the Water Control Board just two months ago, so he was well aware of our problem. Mayor Hill read the last paragraph of his letter, in which he stated that , in his opinion, "the Town s proposed policy is on firm legal ground. " The Water Control Board has been sent a copy of this Policy. He felt that the time spent has produced a sound policy, a rough one to live with, but flexible enough that , as time goes by, it will bear fruit . Mr. Les Sorensen, Jr- . addressed Council, stating that, since they 111 are not on the list , this leaves them in an awkward position. He pre- sented a background of their activities up to this time, as well as stating what funds they had paid to the Town for various phases ,. look- ing toward the development of their property. He also asked what chance there would be of recovering the fees paid to the—Town at this time and, when sewer is available , they would expect to pay these again. Councilman Wallace felt that this request should go to the Committee, however, Councilman Murray felt that we could not hold their money. Councilman Titus thought he had a good point, however, if all this money is retracted, he may go further down on the list . Mr. Sorensen said he would be willing to go along until a further priority list is forthcoming . Mr. Spain said he is very disappointed that his Section 2 is not on the list . He gave a chronology of their progress up to this point and said this puts them in the position of having approximately $250,000 invested in land acquisition and other incidentals up to this stage . He recognizes the problem and hopes the new priority will come out very shortly. They had thought their 26 additional houses in Sec- tion 2 would be allowed since the sewer laterals and roads are all in . Mayor Hill said this Policy was revised around the Attorney Gene- ral 's couuuents and they felt that if they had any problem court-wise, they had done their very best to stave off this type of thing . Councilman Titus said if they had tried to use any other method, the Water Control Board would have cut us off immediately , and may still do so . Councilman Wallace said it has been pointed out many times that the Council had no idea this was going to happen, so the developers could not have been advised prior to that time . There was very little anyone could have told them or fo m'arned them about . Last April or May , they started informally discussing the expansion of the Plant , then this was slammed in their faces . He said he is in sympathy with Mr. Spain 's case, and others like it . 32 MINUTES OF MARCH 28 , 1973 MEETING. Mr. Ritter said Mr. Williams is going to write a letter, giving his comments on the letter from the Water Control Board - he does not agree with them on the interim treatment. Councilman Titus suggested that Mr. Williams make an appointment and that he and Council members go down to the Water Control Board and talk about this , especially since they change their minds practically every day . It was the gene- ral consensus of Council that this be done . The Statement of Policy above was then unanimously adopted. Mayor Hill suggested that this trip to Richmond be arranged be- fore they establish the final list of priorities , and set a tentative date of June 1 for this list . - On motion of Councilman Wallace, seconded by Councilman Ridder, the meeting was adjourned at 10 : 15 P .M. ZI176 • May " / Clerk o the Council it ina • ACQUISITION REQUIREMENTS OF TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 • The (Applicant herein)hereby assures that = it has authority under applicable State and local law to comply with Section 305 of the Uniform Relocation Assistance t+, and Real Property Acquisition Policies Act of 1970,Public Law 91-646,91st Cong.S.I,84 Stat. 1894 (1971). 1. In acquiring real property in connection with the instant project,the Applicant will be guided to the greatest extent practicable under State law,by the real property acquisition policies set out under Sec- tion 301 of the Act and the provisions of Section 302 thereof; 2. Property owners will be paid or reimbursed for necessary expenses as specified in Sections 303 and 304 of the Act; 3. Affected persons will be adequately informed of the benefits,policies,and procedures provided for under HUD regulations; 4. The costs to the Applicant of providing payments and assistance hereunder shall be borne in accordance with Section 211 of the Act;and 5. The Applicant will execute such amendments to applicable contracts and agreements and execute, fur- nish,and be bound by such additional documents as the Secretary of Housing and Urban Development shall determine necessary to effectuate or implement the assurances provided herein. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal loans, advances,grants,properties,contracts or other Federal financial assistance extended after the date hereof to the Appli- cant by the Department of Housing and Urban Development,including installment payments after such date on ac- • count of applications for Federal financial assistance which were approved before such date.The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements • made in this assurance,and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant,its successors,transferees,and assignees,and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant. - • • (Date) (Signature of Authorized Officer) (Title) HVD41909 (6-72) fl- - A { EXHIBIT 5�,• t , DRY MILL AREA SYCOLIN RD. AREA 1r� N - John Mapp . Clarence Davis J Gordon-Gouchnauer - Lovella King Arthur Allison • Whiting iS ' G. Dewey Hill . . Sugars . . W. E. Carter ' Reginald Gheen WAVERLY HEIGHTS AREA . • ' Cadle Hoopaw John Spiller • F. W. See Ralph Jackson Thelma GeorgeArthur Phillips Clarence Jewell The Drum Antiques . • S. Hawpe Adams is Golden Horseshoe Marie Langley • Leslie Baker FAIRVIEW AREA i i • Joseph Mydlinski Lucy diZerega ' • Wage Radio ' ' Buddy diZerega 1 ; J. H. Lambert j Cross . I, John K. Schroeder Summers • j Herman F. ConnerLemieux . W. H. Spencer Furr ' . Louis A. Deppenbrock Peebles William F. Webb, Jr. John Allen Johnston . Mrs. Ernest Goding .. Geo. Fletcher Hunter M. Leach i :' Wilbur T. Frye, Jr. . . . .,: . 1 : EDWARDS FERRY RD. AREA 0. T. Tincher ; , --i ,, L. J. Phillips • Theodore R. Heskett, Jr. Gilbert Jewell i •. . ' James R. Barrett ;. Eugene Caylor I. Robert G. Swindell T. W. Briggs . ' terry Titus _ Ella Trittipoe i H. Stanley Newman i - Fred Meyer • . • Stacy Collins . . s • Mrs. Margaret Rods ,. Thomas Smallwood ' Elmore Seaton i John A. Wallace, Jr. Jim McBride Gelston Bodmer R. B. Flint Lukarella LEE - DAMS AREA Dunn . Sam Rogers (residence) - Ferrel Sam Rogers (house on Davis) : . Trittipoe :3 ._ . 1 Sam Rogers (house on Davis) 1 Sam Rogers (ME parsonage) Nick Johnson • Robt.-Perkins' 'iSi Phillips Geo. Babson 1 Baptist Church , - Warren Cunningham Phillips Motel Timber Lodge IXx thot3 XXRbt Wagners Cities Service . xxxxx'xacasx' Howard Gill i A. Titus �c Dick A. Richards AYRLEE AREA ' "IK. I. Lee • /4). Norris ' V.F.W. Noye�'' Pauls • ; Peterson •. ti'.- . Riley ' . Reid ( Don Larson • ' , , Mrs. Perry Wolverton • • Honican (no water no seworage)