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75
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 13 , 1973 .
A regular meeting of the Leesburg Town Council was held in. the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia , on June
13 , 1973 at 7 :30 P.M. The meeting was called to order by the Mayor,
with the prayer being offered by Councilman Orr. 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 Acting Town Manager Robert C. Forbes. and Town Attorney
George M. Martin.
The Minutes of the regular meeting of May 23, 1973 and the
special meetings of May 29, 1973 and May 31, 1973. were approved as
written.
Appearing before Council was Mr. J. K. Sills , President of the
Nursing Home Association of America , who was requesting that permis-
sion granted a year ago to connect a proposed nursing home to exist-
ing water and sewer lines in Fort Evans Road be extended, said permis-
sion having been granted for a period of one year from June 14, 1972 .
He explained that the laws of the State of Virginia covering the
construction and operation of a medical facility had changed during
the past year, thereby necessitating the revamping and changing of
their plans . In the course of changing plans. and resubmitting them
to the County Building Inspector 's Office , the Town 's sewer mora-
- torium went into effect . He was notified in January that they could
not hook onto the Town 's water and sewer lines . He was , therefore,
requesting an extension of their right to hook onto these lines and
to be placed on the priority list. He would need a letter to this ef-
fect to present to the Comprehensive Health Planning Council in order
to obtain permits to operate the nursing home .
•
Councilman Titus asked if complete plapntthave been submitted to
the Town. Mr. Sills said they have not. been,/he would be glad to
supply these to the Town .
Dr. Winifred Oyen, Loudoun County Health Director and Loudoun
County 's representative to the Comprehensive Health Planning Council,
explained that this Council will eventually have a complete data sys-
tem, which will show the health services being provided in this area ,
the projectionof population growth and where health services are
needed. The initial responsibility is to review plans for any over-
night health facility to decide if there is a need for this particular
facilitiy in this particular place . They will study each plan and
make a. recommendation as to what is needed for each community . This
would be done for. the entire Northern Virginia District . Mayor Hill
asked what the status of Mr. Sill 's application would be insofar as
. the local Health Department is concerned. Dr. Oyen said they have
seen only the site plan, not the final construction plans . The State
issues the license and the local Health Department meets with them
to see that they meet local standards . They have received nothing
from the State yet on. this . Councilman Titus asked if the granting
of this extension would have any effect on the possibility of it be-
ing approved by the Comprehensive Health Planning Council. Dr. Oyen
said it would be only a small factor. - the element of need is the
prime factor, and what programs arg offered as their services. Mayor
Hill asked if the permit should notYgranted first. She said this
would make it easier for the Town. She believed it better for Council
to say that sewage is available for a nursing home and then see which
would be the most logical one for the Town. Mr. Sills said the Com-
prehensive Health Planning Council will not have any guidelines until
July 1st . Di'; Oyen thought. it best to hold up the permit and give
it to the one the Health Council thinks is best . Dr. Sills said that,
in accordance with the Code, they have expended much more than $100,000
and are ready to go ahead with their facility. . He thought the doctor
was making an incorrect statement here .
Mr. William F. Webb, Mr. Crompton and Mr . Humphries , represent-
ing the. C & P Telephone Company , asked Council for help on the. traffic
situation at South Fort Evans Road and Route 7 . Mr. Humphries said
that, between company vehicles , employee vehicles and delivery trucks,
there are about 350 to 400 trips in and out of this street each day.
They are experiencing long delays in getting out onto Route 7 . They
need some sort of control, or preferably a light at this intersection.
VOM
76
-MINUTES OF JUNE 13, 1973 MEETING.
Mr. Crompton said he understands tbgg Highway Department is receptive
to this if the Town would consider}'and go to them. The Telephone Com-
pany would be glad to share some of the expense. and suggested a. tripper
type of light . Mayor Hill asked to what extent they would be willing
to- share the cost. Mr . Webb said they had offered before to pay 50
t per cent- of the cost and help put it up - he would think this would
still hold, however, it is negotiable. Councilmen Murray and Orr .
were surprised that the State would make such a commitment without
a traffic count being made and especially when the Town has had so
much trouble getting a light at Catoctin Circle. There were sug-
gestions that Mr. Bozel make another traffic count, however, if the
Highway Department is receptive to putting a light at this. location,
it would be easier for them to put a counter down there. It was
suggested that these threemencome back next Monday and meet with
the Street Committee . In the meantime , the Acting Town Manager will
contact Mr. Connock, the Resident Engineer, to obtain the feelings of
the Highway Department on this project.
Mr. Frank Myers presented to each Council member a copy of a plat
of the Highway Department land and Potter's Field. He said he is
presently leasing the old Highway Residency Office and hasan option
to purchase the land. He is aware of the fact that Catoctin Circle
is to go through this property. It is his desire to trade the Catoc-
tin Circle right-of-way for Potter ' s Field, however, there are many
legal problems involved. All of these legal problems would have to
be solved before anything else could be done, but he asked the Town 's
cooperation in solving these . If all of this were accomplished, then
this land would go back on the tax records . Councilman Murray asked
who would build Catoctin Circle . Mr. Myers said if someone wanted
to use the land along each side, then the Town would have to build it.
There was further discussion concerning the building of Catoctin„Cir-
cle and the costs involved. Councilman Wallace said. that. Potter 's
Field has been in the hands of the Finance and Laws and Administra-
tion Committee and he thinks they should have a chance to discuss this
in Committee before any decision is made . They would discuss it at
next week 's meeting and bring back a recommendation to the next meet-
ing.
This request was granted by the Mayor.
}
Mrs . Stanley T. Greene , Sr. , Mr. Dan Baker, Mr. Roger Caulkins
and Mr. Delano Jenkins , on behalf of those residents of Ayrlee Sub-
division who were petitioning the Town not to 'allow the opening of
Ayr Street behind the Hospital,. requested that Council place some
type- of barricade at this location since it has been opened. Mr.
Baker said. Colonel Valentine had talked with Mrs . Greene since the
meeting with the Street Committee and agreed that there would be no
traffic allowed, except for emergency vehicles such as a fire truck.
He requested some type of barricade now, which would also serve the
purpose of the Hospital . Mrs . Greene said Colonel Valentine has told
her twice that this street would be used only for the Fire Department,
he does not want traffic through this street. Mr. Jenkins believed
it would be only logical for a fire truck to approach the hospital
from the- front entrance, but there is always a chance that he would
have to use the rear entrance . Mr. Caulkins said the group has not
changed their position - they believe they have a compromise solution
and they are working for a guarantee to follow through on it.
Councilman Titus said he was willing to go along with any solu-
tion, but he felt this would have to come from the Hospital. Council-
man Murray said they will be blocking a main thoroughfare - a street
designated as a Major Thorofare street . If somebody. is killed or .
injured or damages. their car, who would be responsible? He said he
has always voted on matters by putting. himself in the other man 's 11
shoes , so to speak. . He further said that everybody in Ayrlee Sub-
division knew that some day. a major street was going through there.
When the Hospital was placed in the way of the street, the Town de-
- termined that it could not block a main thorofare designated on the
Map. He pointed out that, if it had been a main thorofare, it would
have been two to three times as wide with a lot more traffic. He be-
lieved it better to allow the Hospital to use it for emergency traf-
. fic . Mr. Jenkins said, even if it were used for an emergency entrance,
he did not believe it would be used by anyone other than the residents
of the area .
MINUTES OF JUNE 13, 1973 MEETING. • .1
Mayor Hill asked Town Attorney Martin if this wou4a tc on- c .
sidered a through street if it were opened, or would the9is ility •
sEop at the property line of the Hospital? Mr. Martin said he would = -
assume that this is a private street, opening- onto a Town street.
If the Town issues a permit , he did not know what control they would
* have over it, certainly there would be no control by the Town over
anything the Hospital does on its property . Councilman Murray said
then, as he understood it , the Hospital would have to build an en-
trance onto the Town 's street and any barricades- would be on the Hos-
pital 's property and they would be liable . Mr. Martin agreed with
this. Mr. Murray said then, in such a case, it would be the Hos-
pital 's liability to deal with these people. There was some dis-
cussion regarding placing of any conditions on an entrance permit .
Mr. Forbes pointed out that the so-called entrance permit was per-
mitted upon approval of the site plan by the Town Manager - it was
automatic . Mayor Hill , asked that these people try to work out
something with the Hospital . It was pointed out tl c nEhe Town is
responsible for building the street to the Hospita entrance, as the
plan shows. It was believed that Colonel Valentine would be will-
ing to try to work out something with the Board of Directors . Mayor
C) Hill said he cannot obligate the Town, but he- would be willing to
explain how this evolved.
Acting Town Manager Robert Forbes reported the following :
an
(1) The Town Attorney has pointed out a flaw in the adoption of
the Tax Ordinance and a revised Ordinance has been prepared and is
attached. Also, there is a proposed resolution for the adoption of
the Budget on the Addition to the Agenda .
(2) Item 3 on the Agenda was considered at the May 23rd meeting
and tabled pending a cost estimate and time frame from Johnson and
Williams . This resolution reflects the discussion with Mr. Williams
by telephone . Also, there is a copy of a letter from Mr. Williams, .
with a proposed cost estimate . ,'
(3) The Mayor, Chief of• Police and he attended a meeting at t?.=._
Air Traffic Control Center on May 31st to discuss plans for the Cen-
ter 's 10th anniversary celebration, to be held on September 13 , 14,
15 and 16 . It is expected that 10,000 persons will attend, however,
no problems are expected to be encountered by the Town.
(4) The Revenue Sharing form proposing the use of $38, 913 has
been advertised and has been returned to the Department of the Treas-
ury on June 7th.
(5) On May 30th , 12 teams met in the Planning & Zoning Office
at 9:00 P.M. to receive a briefing on inspecting the Town 's sewage
system. Each team captain was presented a record form, assigned a
certain area and told what to look for in the way of defects , sew-
age flow, etc . They left at 10 P.M. , each team accompanied by a
uniformed policeman , and the last team returned at 2 A.M. During
this time, he received only two (2) telephone calls . The results
have been compiled and will be explained later.
(6) A letter from Mr. Ottinger is before the Council members con-
cerning a water line under the property of William F . Hall on Loudoun
Street . It will cost- about $2 ,500 to replace this 6-inch line and
the work can be done by the Town 's men.
- (7) On June 8th, he hired Conrad Neuf to work in the Water and
Sewer Department during the summer months . He also hired Lester Lon-
gerbeam, however, he quit in two days.
(8) A semi-annual inspection of the primary and secondary streets
was conducted by the Highway- Department on June 5th, and the inspec-
tion revealed no deficiencies on any of the streets .
(9) On- June 6th, he received the Grant Agreement from HUD on ti
the Potomac Water Project, along with a letter from the area counse.i
and copies of a proposed resolution and Opinion Certificate. A qugs-_
tion arose concerning certification and he requested Mr. Williams rb _
be present tonight to explain the matter. ' '
41
it• 78
-.MINUTES OF JUNE 13 , 1973 MEETING . .
j (10) Dewberry, Nealon & Davis is in the process of developing
plans and cost estimates for moving the utilities within the pro-
_ posed By-Pass right-of-way . He received a letter from the Highway
Department on June 4 , stating that it is satisfactory for the exist-
'''. ing Myers Well to remain in the proposed median strip, but the
chlorinating house will have to be located beyond the right-of-way .
Sydnor Hydrodynamics , Inc . has been notified to proceed with rework-
ing the Myers Well and to coordinate the elevation of the well cas-
ing with Dewberry , Nealon & Davis .
(11) A letter from the Highway Department on June 4th states
that two of the four projects requested under the TOPICS program
have been recommended. This letter will be considered by the U-
tility Committee at its next meeting . 4
(12) Another letter has been received from the Highway De-
partment, requesting permission to connect the properties of Dr.
Brann and Mrs . Charles Stallings to the Town 's sewer system.
(13) Southern Line Cleaning started work on the Children 's Cen-
ter sewer line today .
Councilman Ridder said he has received a copy of a letter from
the Chairman of the Northern Virginia Planning District Commission
with regard to the area under study for a regional sewer plant . He
asks that each jurisdiction cooperate in furnishing the projection
of land use population, etc. to the Commission 's consultant that is
now being selected by that body. They are talking. about some citi-
zen participation in the study and he assumes there would be a series
of hearings to Ogsermine feelings of the citizens . It has been
pointed out tha `.current estimated cost exceeds the money they have.
He asks for cooperation in their efforts and the fact that they will
be asking for statistical type of information .
Councilman Titus asked that, if the next Street Committee meet-
ing Agenda is not too full , Mr. Pryor of VEPCO be present to go over
�• the next phase of lighting with them. He also thanked the news media
for their cooperation in the inspection of the sewer lines , stating
that this was a great help to them.
Mayor Hill expressed his views on the sewer line inspection, stat-
ing that he had never seen plans any better prepared and organized and
carried out almost to the letter, and he wished to thank everyone in-
volved. It would have taken many months for the Town to do this work
and cost a lot of money. He felt that the information derived from
this inspection will be invaluable and something from which the Town
can profit .
A Public Hearing was held at this time on the Proposed. Budget
for the fiscal year 1973-1974. There was no-one to speak either for
or against it , however, Councilman Wallace pointed out some of �ql
more imRortant factors . He said it is a tight Budget and they E
Heaniamulatelowma surplus . The cost of administration has risen,
just as it has with everybody else . He thanked Mr. Ritter for the
recommendations he had made prior to his illness . He called atten-
tion to the fact that they have projected in the Utility Fund an in-
crease in the water and sewer rates across the board of 10 cents per
thousand gallons - this is the only increase. Taxes have not been
raised this year. He said it is imperative to raise utility rates
to help carry the burden of infiltration problems , even though they
will be using some of the availability funds for this purpose. This
is a burden with which the Town has not been faced before. Council-
man Titus called attention to the fact that $1, 900 was left out of
Capital Outlays in the General Fund for the Flood Plain Study, which
would change the total Capital Outlays in the General Fund to $115, 982,
with a total General Fund of $771 ,541 . It was the general consensus
of Council that this be added. The Public Hearing was declared closed
at this time and, on motion of Mayor Hill ; , seconded by Councilman
Orr, the following resolution was unanimously adopted :
• RESOLVED, that the 1973-1974 Budget, as amended, be and the
same is hereby adopted. (Copy of Budget attached hereto)
79
MINUTES OF JUNE 13 , 1973 MEETING. .
On motion of Councilman Pumphrey, seconded by Councilman Wallace,
the following Ordinance was unanimously adopted :
BE IT ORDAINED, that the following taxes be and they are
hereby levied for the fiscal year beginning July 1, 1973
and ending June 30, 1974 for the support of the municipal
government , the payment of interest on municipal debts and
other municipal purposes as follows :
1. The tax on all taxable real estate shall be at the
rate of One Dollar ($1.00) on every. One Hundred Dol-
lars ($100.00) of the assessed value thereof.
2 . All tangible personal property, excepting therefrom
the classes of household goods and personal effects
classified in Section 58-829. 1 of the 1950 Code of
Virginia , as amended, and including the tangible
personal property separately classified by Sections
58-829 .2 and 58-829. 3 of the Code of Virginia , shall
be taxed at the rate of One Dollar ($1 .00) on every
CD One Hundred Dollars ($100 .00) of the assessed value
Cn thereof. ;
Co
-D 3. All tangible personal property of all railroad, ex-
CD press , telegraph, telephone , power .and other public
CD service corporations shall be taxed at the rate of
One Dollar ($ 1 .00) on every One Hundred Dollars
1($100.00) of the assessed value thereof, and .tax-
able real estate of said public service corporations
shall be taxed at the rate of One Dollar ($1 .00) on
every One Hundred Dollars ($100.00) of the assessed
value thereof.
4 . The tax on all bank stock subject to taxation within
the Town of Leesburg shall be at the rate of Eighty
' Cents ($ .80) on each One Hundred Dollars ($100.00) of
the taxable value of the share of the stock in any bank
located in the Town of Leesburg , subject to the provi
sions of Section 58-476 .2 of the 1950 Code of Virginia ,
as amended.
•
On motion of Councilman Ridder, seconded by Councilman Pumphrey,
the following resolution was offered :
RESOLVED, that the proposal for engineering services by
Johnson and Williams , dated May 30, 1973, for expansion of
the Town ' s sewage treatment and addition of interim chemi-'
cal treatment , be and the same is hereby accepted, and
BE IT FURTHER RESOLVED, that the following time frame be
adhered to : (1) Work is to begin within three weeks
hereof ; (2) First stage within 3 months hereof; (3) Sec-
ond stage within 6 months hereof.; (4) Installation of
permanent equipment and completion within 8 months hereof,
per telephone conversation with Mr. John R. Williams by
the Acting Town Manager .
Councilman Titus moved to amend the first paragraph of the above by
striking the words "expansion of the Town 's sewage treatment and,"
believing that this referred to the expansion of the Plant. This
was seconded and was unanimously adopted, although Councilman Ridder
felt that that Mr . Williams ' letter deals with chemical treatment
only. Councilman Titus said he hoped they would "hold his foot to
the fire" on the 8-month time limit . Councilman Wallace suggested
a letter to Mr. Williams asking his signature to this time frame.
Mayor Hill said if he does not accept this resolution, then the Coun-
cil can take it from there: Mr. Lester Shor, developer, expressed
his very caustic remarks concerning Mr. Williams and the Town 's em-
ployment of his firm as a consulting engineer. The above resolution,
as amended, was then unanimously adopted.
80
MINUTES OF JUNE 13 , 1973 MEETING. -
On motion of Councilman Titus , seconded by Councilman Ridder, the
following resolution was unanimously adopted :
WHEREAS , the Town Council of the Town of Leesburg has , from
time to time, been requested to allow encroachments upon the
Town of Leesburg 's street rights-of-way to improve the exter-
iors
of existing buildings , and
WHEREAS , the abovementioned :encroachments may potentially af-
fect the street maintenance payments to the Town from the
State of Virginia ,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that , before any future requests are presented to
the Council, the Virginia Department of Highways be requested
to supply a written statement to the Town Manager that such en-
croachments will not affect the Town 's street maintenance pay-
ments .
On motion of Councilman Wallace, seconded by Councilman Murray,
the following resolution was unanimously adopted:
BE IT RESOLVED, that the following appropriations be made : .
$ 1, 179.00 - C . E. Nance & Sons , Inc . - Invoice #1944 -
Utility Fund-Capital Outlays .
1, 179.00 - C. E. Nance & Sons , Inc. - Invoice #1945 -
Utility Fund-Capital Outlays .
423 . 97 - NALCO Chemical Co. - Invoice #030591 - Utility
Fund-Sewer Plant-Chemicals .
119.57 - NALCO Chemical Co . - Invoice #030110 - Utility
Fund-Sewer Plant-Chemicals .
•
211 .70 - George Titus , Treasurer - Charge for prisoners
in County Jail during months of March and April -
General Fund-Administration of Justice.
14.56 - Exspeedite Blueprint Service - 1972 Bond Issue.
125 .00 - Dewberry , Nealon & Davis - Invoice #9042 - Gene-
ral Fund-Streets-Engineering .
49.00 - Dewberry , Nealon & Davis - Invoice #9043 - 1971
Bond Issue .
246 .00 - Dewberry , Nealon & Davis - Invoice #9045 - Gene-
ral Fund-Capital Outlays .
787 .50 - Dewberry, Nealon & Davis - Invoice #9046 - 1971
Bond Issue.
3 ,723 .00 - Dewberry-, Nealon & Davis - Invoice #9047 -1971
Bond Issue . •
2 ,312 .50 - Dewberry , Nealon & Davis - Invoice #9048 - 1971
Bond Issue .
70.00 - Dewberry , Nealon & Davis - Invoice #9050 - 1971
Bond Issue .
183 .00 - Dewberry, Nealon & Davis - Invoice #9052 - 1971
Bond Issue .
231.00 - Dewberry, Nealon & Davis - Invoice #9053 - 1971
Bond Issue .
324 .00 - Dewberry , Nealon & Davis - Invoice #9054 - 1971
Bond Issue .
8I:
MINUTES OF JUNE 13 , 1973 MEETING. •
$33 ,048 .07 - S. 0. Jennings Construction Corp. - 1971 Bond.
Issue - Dry Mill Trunk Sewer (final estimate) .
Mayor Hill asked if S . 0 . Jennings has been checked out completely on '
the Dry Mill Trunk Sewer Project . Mr. Chaves said they had a final !. ' - -
inspection yesterday and found that the asphalt has gone down, so the
check will be held until this has been taken care of. Mr. Forbes said. ,
the one-year maintenance bond is in hand, but the Town has not re-
ceived "as-built" drawings yet, so the above check will also be held
until these are in hand.
On motion of Councilman Murray, seconded by Councilman- Orr, the
following resolution was unanimously adopted :
BE IT RESOLVED, that the following supplemental appropria-
tions- be made :
$ 57 .50 - General Fund-Sidewalk Maintenance .
2 ,000.00 - General Fund-Administration of Justice . Issuing
CD Justice .
CD
200.00 - General Fund-Other Services & Supplies - Sta-
CD tionery & Office Supplies .
0
On motion of Councilman Pumphrey, seconded by Councilman Murray,
the following resolution was unanimously adopted :
BE IT RESOLVED, that the action of the Finance Committee in
investing $175 ,000 with First and Merchants National Bank on
June 11, 1973 at the rate of 7 . 72% for 150 days be and the
same is hereby ratified and confirmed.
Councilman Wallace explained that, by pooling the money they had in-
' vested for 150 days , they would receive approximately $5 ,625 .00 in
interest, compared to $3 ,960 if invested separately, an increase of
$1,665 .
On motion of Councilman Murray , seconded by Councilman Wallace,
the following Ordinance was unanimously adopted, this having refer-
ence to free Town stickers for disabled veterans : . .
BE IT ORDAINED, that Section 13-150 of the Municipal Code be
amended by adding the following :
", and no annual registration fee or license shall be re-
quired for any one motor vehicle owned and used personally
by any veteran who has either lost or lost the use of one or
both legs , or an arm or hand, or who is blind. Such exemp-
- tion shall be granted upon an application accompanied by a
statement that -such veteran has been so designated or classi-
fied by the Veterans Administration as to meet the require-
ments of this exemption, and that such disability is service-
connected. A person shall be considered blind if he has a
permanent impairment of both eyes of the following status :
central visual acuity of 20/200 or less in the better eye,
with corrective glasses , or central visual acuity of more
than 20/200 if there is a field defect in which the peripheral
field has contracted to such an extent that the widest di-
ureter of visual field subtends an angular distance no greater
than twenty degrees in the better eye . "
On motion of Councilman Murray, seconded by Councilman Ridder,
the following resolution was placed on the floor for .discussion:
RESOLVED, that the action taken at a regular meeting of the
Leesburg Town Council held on June 14 , 1972 , and recorded
in Minute Book 13 on Pages 151 and 152 , to grant J: Kennedy
Sills , President of Nursing Home Association of America, per-
mission to connect a proposed nursing home to existing water
and sewer lines in Fort Evans Road within one year, be and
the same is hereby extended for a period of one year to June
14 , 1974 .
82
MINUTES OF JUNE 13 , 1973 MEETING. .
Mr. Sills repeated his remarks made earlier in, the evening , as well
as.his request for extension of this permission to connect to water
and sewer when sewer becomes available . Several questions concerning
the proposed nursing home were asked by Council members and answered
by Mr. Sills . On motion of Councilman Titus, seconded ky . 0 ilman
1; . Ridder, the following amendment was unanimously adopt a. / T6 Add the
; ; , , following after "within one year" : "when such water and sewer be-
comes available , and subject to all provisions of subsequent priority
statements and applicable fees at the time of construction, ". After
further discussion, the resolution, as amended twice , was unanimously
defeated and, on motion of Councilman Wallace , seconded by Councilman
Murray , the following resolution was unanimously adopted:
RESOLVED, that the action taken at a regular meeting of the
Leesburg Town Council, held on June 14, 1972 , and recorded
in Minute Book 13 on Pages 151 and 152 , to. grant J. Kennedy
Sills , President of Nursing Home Association of America ,
permission to connect a proposed nursing home to existing
water and sewer lines in Fort Evans Road within one year,
be , and the same is hereby extended for a period. of one year
to June 14, 1974; and,
BE IT FURTHER RESOLVED, that this extension be subject to the
following conditions : (1) Site plan be provided to the Town
Manager; (2) No connection shall be made until applicable
water and sewer availability fees and tap fees are paid; (3)
No connection shall be made until such water and sewer be-
comes available , and is subject to all provisions of any sub-
sequent priority statements .
On motion of Councilman Ridder, seconded by Councilman Pumphrey,
the following resolution was unanimously adopted after Mr . Chaves ex-
plained just where the lines are located:
RESOLVED, that the Acting Town Manager be and he is hereby 111authorized to accept the proposal of Southern Line Cleaning ,
Inc . to add to its original contract the following :
58 L.F . 10" Sewer @$2 .30 $ 133 .40
4181 L.F . 12" Sewer @$2 .50 10,452 . 50
1210 L.F . 15" Sewer @$2 .75 3 , 327 .50
2055 L.F. 18" Sewer @$3 .00 6 , 165.00
2210 L.F . 21" Sewer @$3 . 25 7 , 182 .50
Total $27 ,260. 90
Mayor Hill reported that Mr. Chaves started checking the Children 's
Center line today - ::. .at the Center the flow was normal. Coming on
down to Arl Curry ' s house there are no connections and, at this point,
the flow was so far over the weir that it could not be checked. Ap-
parently this is a "wild" line with bad leaks .
On motion of Councilman Titus , seconded by Councilman Ridder, the
following resolution was unanimously adopted, there being no objection
to considering this tonight :
WHEREAS, requests have been made to the Town Council of the
Town of Leesburg to direct the Planning Commission to approve
final subdivision plats having a legend thereon to the effect
that "No dwelling may be erected on any lots in the subdivi-
sion without a water supply system and sewage disposal system
acceptable to the Town of Leesburg , and
WHEREAS , the Town Attorney has advised the Council that the
Subdivision Ordinance would have to be amended in order to
permit approval of final plats by the Planning Commission,
incorporating such legend or any legend of similar nature,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg , that the Council accepts the advice of
the Town Attorney and denies such requests .
INSERT
To add at the end: "provided a copy of the site plan is submitted
to the Town Manager." On motion of Councilman Wallace, seconded
by Councilman Orr, the following further amendment was unanimously
adopted :
t
83
MINUTES OF JUNE 13 , 1973 MEETING.
A five-minute recess was declared at 9 :45 P.M. Councilman Orr
left the meeting at this time , thereby leaving only six (6) members
present ..
The meeting was reconvened at 9:57 P.M. , with Mayor Hill stating
that , as promised a couple of months ago when the capacity in the Sewer
Plant was allotted, Council has now prepared a priority schedule to
include applicants that were not listed in the first one . He said
they have spent a lot of time on this and approached it as fairly
as they knew how and this is the way they see it at this time. The
IIIit Statement of Priority was read by the Clerk at this time, and is as
follows :
STATEMENT OF PRIORITY
FOR PUBLIC WATER AND SEWER
The establishment of this priority list is to further
clarify to the citizens of Leesburg and prospective develop-
ers and subdividers as to where they stand with the Town of
Leesburg for public water and sewer service to their projects .
O This statement , as- did the Council resolution of February 14,
CN 1973 creating a restriction on hookups to the Town 's water
CO and sewer systems , and the Statement of Policy of March 28,
'.-D 1973 , is done , not only to clarify priority, but to further
notify the Virginia State Water Control Board and the Vir-
0 ginia State Department of Health that we intend to cooperate
with both bodies to protect the citizens of Leesburg and the
Washington Metropolitan Area . The Town wants it understood
again to all interested parties that this Statement in no
way commits the Town to serve any or all of the following
units or projects , or portions thereof, until it can provide
• the proper adequate sewerage treatment and water of suffi-
cient quantity to all existing businesses and residences of
Leesburg and its environs , and until the Town can get addi-
_' tional capacity of sufficient treatment in its sewageplant,
or capacity by other means , as the situation may dictate at
the time that determination is made . In the interim, the
Town Council is fully committed to continue its infiltration
• abatement program as an urgent project and will try to imple-
ment its interim treatment at our Sewage Treatment Plant at
• the earliest possible time.
For the purpose of clarification, the following terms
are defined:
"Units" refers to parcels or lots of •record that re-
quire Town water and sewer service.
•
"Existing" refers to recorded parcels or lots as of the
date of passage of this Statement . •
PRIORITY SYSTEM
(Number 1 to be before Number 2 , and •so on through
Number 5 , being the last . A. to be before B. , and
so on. )
Category 1 Approved (by Planning Commission) subdivisions
for which water and -sewer extension has been
I
granted and bonding method approved by the Town
Council prior to February 14, 1973 .
A. Leesburg Square Planning Commission ap-
proved Final Plat 2/1/73
Category 2 Subdivisions for which the water and sewer ex-
tension and bonding method has been approved by
the Town Council prior to February 14, 1973 , but
final plat approval (by the Planning Commission)
has not been granted, provided the said plat is
acceptable to the Commission. The priority in
6 '
MINUTES OF JUNE 13 , 1973 MEETING.
this section will be established by the date of
approval of water and sewer extension and bond-
ing method by the Town Council (the earliest ap-
proval date to be first) .
A. Rock Spring Heights , Section 2-C - Council •
approved 1/10/73 .
B . Exeter Hills , Sec . 3 - Council approved
1/24/73 .
Category 3 Site Plans approved (by Town Manager) prior to �,
February 14 , 1973 , for which water and sewer ex-
`
tension has not been granted, nor has bonding
method been approved, provided both extensions
and bonding method are acceptable to the Town
Council.
A. Scandia - Site plan approved by Town Mana-
ger 2/13/73 .
Category 4 Site plans submitted arid subdivisions having only
preliminary approval prior to March 28th, provided
final site plan approval is acceptable to the Town
Manager in the case of site plan ; provided the fi-
nal subdivision plat is acceptable to the Planning
Commission in the case of a subdivision; and pro-
vided, in both cases , subdivisions and site plans,
water and sewerextension is granted and bonding
method approved by the Town Council . Priority in
this section will be established by the Council .
Priority in this section will be established by
the date of submission of the final site plan in
case of site plans , and "street and utility" plans
for each portion or section thereof in case of sub-
divisions (the earliest submittal date to be first) .
A. Andover Meadow, Section 1 - Submitted 8/4/72 .
B . Loudoun Hills., Section 2 - Submitted 10/2/72 .
C . Parker Subdivision (Bradshaw Site Plan) -
Sub . 12/72 .
D . Va . Knolls , Section 3-A - Submitted 1/22/73 .
E . B . P. Oil " 2/20/73 .
F . Leesburg Country Club, Sec . 4 " 3/1/73 .
G . Huntland Homes , Sec . 2 3/8/73 .
H. Plaza (Addition to Office Bldg . ) " 3/22/73 .
I . Andover Meadow, Sec . 2 " 5/4/73 .
Category 5 Site plan where the Town Council has granted sew-
erage capacity availability prior to February 14th,
but the connection has not been made . In this case,
extension of availability is granted (with the con-
ditions of this statement of priority) for one year,
with any additional extension of time to be con- _
sidered by the Town Council after that year.
A. J . Kennedy Sills , President, Nursing Home As-
sociation of America . - Permission granted
by Council 6/14/72 .
85
MINUTES OF JUNE 13 , 1973 MEETING.
If, between the date of passage of this Statement and
date of availability of sewage capacity to these projects ,
the preliminary site plans and subdivision plats become in-
valid after all time extensions have been exhausted, in order
for the above projects to remain on this priority list in their
present position, resubmission will be required within thirty
(30) days after becoming invalid. An extension of thirty (30)
days may be granted by the Council where circumstances merit.
If the projects are not submitted within the required time per-
iod, they will be dropped from this list and the next project
(as established by this priority list) will take its place on
the list .
When water and sewer becomes available to any unit or
project noted in the priority list, the Town Manager will
notify the owner by registered mail of the said availability.
If, after two weeks after receipt of that notice , the owner
does not respond in writing to the Town Manager that he in-
tends to exercise the usage of the available capacity and be
under construction within one year, the project or unit will
be dropped to the following lower position in its category.
CR
If water and sewer becomes available in such capacity
that more than one unit or project , as established by the
priority list , can be served, the additional capacity not
needed by the first unit or project will go to the next higher
project or unit on that list, with the restrictions of the
above two (2) paragraphs .
If water and sewer becomes available in such capacity that
less than the total project or unit, as established by the
priority list, can be served, the capacity will .be granted to
that project or unit and, when additional capacity is avail-
able, that project will be granted capacity as is available ,
111'
or
until its needs are satisfied.
Priority, as established above, may not be transferred
and remains with the project or unit as established above.
To clarify the Town 's position as to site plans , "site
plan approval" from this day forward will be construed to mean
approval by the Town Manager only after all conditions of the
Town Council and Ordinances and Policies of the Town of Lees-
burg have been satisfied, or by means so noted in the Site
Plan Ordinance , upon its adoption by the Town Council.
On motion of Councilman Titus , seconded by Councilman Pumphrey,
the above Statement of Priority was considered for adoption . On motion
of Councilman Titus , seconded by Councilman Ridder, the following a-
mendment to Category 5 was unanimously adopted, thereby making the
second sentence read as follows :
"In this case, extension of availability is granted subject
to the Council resolution of this date regarding this site
plan, and with the conditions of this statement of priority,
for one year, with any additional extension of time to be
considered by the Town Council after that year. "
Councilman Titus said that , basically , this is based on the date of
submission and approval of subdivision and/or site plans, and it was
felt that those having submitted these first should be first on the
list . He reiterated that the Town does not now have sewer capacity
and only when it becomes available will it be given subject to this
priority 'system.
Mr. Lester Shor raised questions as to when will the Town have
capacity and have the consultants given any, idea ? Councilman Titus
said the answer to these questions is not knows, the Northern Virginia
Planning District Commission has not yet hired a consultant. It may
be 6 to 7 months , maybe longer and maybe a shorter time. Mr. Shor
said the developers know how to correct this problem and can solve it
in short order and get more capacity in the Sewer Plant. He said
they would not have to go to the Water Control Board, however, Coun-
cilman Titus disagreed with this and explained that the Town does have
to go to the Water Control Board. Mr. Shor also found fault with other
actions of the Council insofar as time restrictions are concerned. Mr.
86
MINUTES OF JUNE 13 , 1973 MEETING.
•
Forbes informed him that there is a time limit on Southern Line
Cleaning 's work of 120 days .
Councilman Murray said he understood Mr. Forbes had requested
Mr. Williams to be here tonight , but he had received no reply from
him.
Mr. Silverman said he understood that Mr. Williams proposes to
take six months to design the chemical treatment. Mayor Hill said
this is not true . Councilman Titus said this is all contingent on
the Town getting the infiltration out of the system and getting the
chemical treatment to work, to the satisfaction of the Water Control
Board. Mr. Silverman asked Mayor Hill to elaborate on the proposed
time frame for this work . Mayor Hill ,explained the time frame and
said that the Town has been advised that there will have to be an
additional pumping station or two and a thickener. It should take
8 months at the outside time limit to accomplish this work. Dr. Oyen
said she understands that the first period will be experimental and
will be treating samples - therefore, the Water Control Board 's ap-
proval would not come until after the permanent equipment is installed
and operating fora period of time.
Mr. Lester Sorensen, Jr . questioned the placement of Section 1
of Andover Meadow on the priority list and cited dates to substanti-
ate his request . He also asked if Leesburg Country Club is not out-
side the corporate limits and said he understood those properties in
the Town limits would come first. He requested that the Utility Com-
mittee give this consideration.
•
Mr. Dean Robinson, representing Loudoun. Hills, and Mr. Spain also
spoke with regard to the position of Section 2 of Loudoun Hills on the
list. They also requested a hearing before the Utility Committee for
consideration.
Mrs . Helmi Carr believed the priority system should make some
statement as to pending projects . Councilman Titus explained that
it was felt that the system should first be addressed to the proj -
ects already having some sort of approval, whichwould lay the ground
work for pending projects . Town Attorney Martin felt that this should
be done as soon as possible and assumed it could be done before the
next meeting . Mrs . Carr pointed out that the proposed Nursing Home
is also outside the corporate limits .
Mrs . Joyce Wheeler, speaking on behalf of Mr. Paul Bradshaw, com- •
plained, not only about the position of Mr. Bradshaw 's office building
on the priority list, but also the fact that he had been held up since
October because the Town is making a study of storm drains in that
area . It was explained that the storm drain study had been enlarged
because of the pending Urban Project at Route 7 and Catoctin Circle .
Also, Councilman Murray said this could be considered on a haxbhip
basis , however, he believed they were lucky they had not built in a
potential flood plain.
Mayor Hill stated that building is not everything in the Town -
as building goes along , other problems arise. He said the Route 7
Urban Project is very important to the Town. He also asked how the
Utility Committee would feel about meeting in special session to con-
sider the complaints being voiced tonight . Councilman Ridder stated
that these people are going to have to have a little patience, the
Council can t spend an unlimited time on this . Councilman Wallace
specifically referred to the manner in which Mr. Shor "stomped out"
of the meeting after his remarks . He said these people should rea-
lize that not everybody is going to develop the Town the way they
want it . Mr . Shor "stomped out without even a thank you. He be-
lieved it is time for these people to be patient and let the Town
try to work out its problems . He pointed out the amount of time Coun--
cil members spend on these problems for a very meager salary . Each
has his own job as well. He said they have been living with this
sewer problem since •January and they are still plugging along doing
everything they can in the manner they think is best andto have every-
body breathing down their necks and stomping around does not help one
bit .
87
MINUTES OF JUNE 13 , 1973 MEETING.
Mayor Hill stated that the Town was not the one to stop develop-
ment - this came from those higher up. He felt that if they could
have gone on and_ expanded the present Plant, as originally intended,
everybody would have been happy - they had no reason to believe this
was going to happen . He believed the Town had done the proper thing
by trying to go along . with the Water Control Board - pressure would
have gotten them no further than they are now: He talked with Water
Control Board members last week and found that they are very favor-
able to what the Town is doing . If the Town can achieve the desired
111 results at the Plant , he thinks the Water Control Board will act very
quickly because we have tried to work with them, rather than to try
to pressure them. He has real hope that this problem is going to re-
solve itself.
Mrs . Carr asked if there is any reason why the Town can ' t ap-
prove plans , preliminary or otherwise, contingent upon sewer being
available . It was pointed out that they will answer this in their
next statement. Mr. Spain said this question has already been raised
by counsel for his development . Councilman Murray said legal coun-
sel of the Water Control Board advised against this . Mrs . Carr asked
if this meant the Town is going to get n_ o more sewer. Mr. Murray said
we hope to have sewer - we could build on our own, but we are tied
until it is determined where regional plants will be sanctioned. We
would still have to meet standards of the Water Control Board and,
at this stage of the game , the Town can ' t go it alone without giving
it a try for Federal money . Councilman Titus said it has taken about
10 years to build Occoquan and no-one can say how long it may take to
build this one . They would hesitate to commit the Town to something
they cannot be sure they can perform - this is what he understood from
the Attorney General 's Office . Dr. Oyen asked what more Mrs . Carr '
could do with a site plan, if it were approved, than she can without
one . Councilman Murray replied that she could establish herself on
a priority list . He said that, if he understood what the Attorney
General said, if the Town accepts a site plan, then it would be le-
gally committed. Mayor Hill said it is not known how much more ca-
pacity Leesburg will get . Discussion continued on this matter and,
finally , Mayor Hill set 8 :00 P.M. on Wednesday , June 20th, at the
Town Office for the Utility Committee to meet and consider some of
these requests as a result of the Priority Statement .
The Statement of Priority, as amended above, was then unanimously
adopted.
There being no further business, the meeting adjourned at 11 :00
P.M.
?,/ //1/944;:2C
rift
/ / yor
Clerk of , e Council
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