HomeMy Public PortalAbout1973_07_25 110
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 25 , 1973 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia , on July
25 , 1973 at 7 : 30 P.M. The meeting was called to order by the Mayor,
with a prayer being offered by Councilman Ridder. Those present were :
Mayor G. Dewey Hill, Councilmen Robert A. Orr, John W. Pumphrey, Her-
bert L. Ridder, C. Terry Titus and John A . Wallace , Jr. ; also Town
Manager James W. Ritter, Jr. and Town Attorney George M. Martin.
Absent from the meeting was Councilman Walter F . Murray.
The Minutes of the regular meeting of July 11, 1973 were approved
as written .
Town Manager Ritter reported as follows : '.
He expressed his pleasure in being back in his old seat after a
long illness .
(1) Item 1 on the Agenda is self-explanatory and is the property
where tennis courts are to be constructed.
(2) With regard to Item 2 on the Agenda , it is felt that Dew-
berry, Nealon & Davis should be officially notified to work with
the Highway Department on the relocation of utilities in connec-
tion with the By-Pass construction .
(3) Item 3 on the Agenda supports the construction of both the
Verona and Sixes Bridge Reservoirs , which would help relieve Wash-
ington 's water supply problems .
(4) The Grant Agreement resolution attached to the Agenda has
to do with the HUD Grant for the Potomac River Water Project . Coun-
cil must designate who will sign this resolution .
'(5) He explained the appropriations on the Agenda .
(6) Item 10 was left off of the Resurfacing Schedule . This is
the dirt street that runs from in front of Hirst ' s down to in front
of Liberty Street and would tie in with the existing plant mix on
Wirt Street .
(7) Item 1 on the Addition to the Agenda has been revised and
a new resolution is before Council members .
(8) We received plans today from the Highway Department on the
Route 7 -Catoctin Circle project . A meeting will be held in the High-
way Offices next Thursday, August 2nd at 10 :00 A.M. to review these
plans . They will be discussed by the Street Committee at its meet-
ing on Monday .
(9) The Highway Department is pushing construction of the South-
west Quadrant of the By-Pass . They want us to donate the 100 ' x 100 '
piece of land which we acquired from Wright, Myers and Hanes . This
would be conveyed under a general Deed, free of all encumbrances .
The Department wants to know immediately, by letter, if the Town is
agreeable to this request . The Town Attorney has some questions with
regard to this and wants to discuss it with the Street Committee.
Mayor Hill welcomed Mr. Ritter back.
Councilman Titus said the hiring of an additional sewer plant
operator had been discussed sometime ago and believed that this po-
sition should be advertised as soon as possible . Mr. Forbes said he
had placed ads in three publications .
Mr. Titus also said the Planning Commission has raised the ques-
tion as to whether or not the medical rezoning in the Hospital area
should be done at this time, or wait until a Land Use Plan has been
adopted and a subsequent Zoning Ordinance perhaps two months follow-
ing this . He wished to know Council 's feeling on this matter. After
some discussion, it was the general consensus of Council that this
wait on the Land Use Plan and subsequent Zoning Ordinance.
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MINUTES OF JULY 25 , 1973 MEETING. -
Also , Councilman Titus requested that the Priority List for
future development be put on the Street Committee Agenda . He felt
this should be done immediately so it can be set up for recommenda-
tion to Council .
Councilman Orr said that, when the Town sprayed weed killer re-
cently, they missed the area in front of 7 East Royal Street . Mr.
Ritter said this would be taken care of.
Councilman Titus said thataninttW io2bwith lrtlnRfloosmveri
n
11 weeks ago, he indicated that Counci /we o metwiFh towny
Board of Supervisors -and the County Planning Commission concerning
the proposed 5per cent growth plan of the County. He indicated
they would like to come to Council and discuss this with the mem-
bers . He wanted to know Council ' s feeling on this . Mayor Hill
wondered why not a joint meeting of all the municipalities . Mr.
Titus understood that the Board is conducting meetings with other
jurisdictions . Mayor Hill also said he had a rather strong dis-
cussion on this matter with Mr . Raflo recently, which discussion
lasted for an hour to an hour and a half. During this discussion,
he asked Mr. Raflo what percentage of this 52 per cent Leesburg
would be allotted - if the County would be allowed to grow at about
Crs
CC 2,000 people per year, what part of this 2,000 would be allotted to
Leesburg ? Mr. Raflo gave him no satisfaction on this matter. He
said that, if such a discussion would be anything like what he had
with the County Planning Commission, he felt it would be entirely
useless - it seems that there are a lot of words , but no real sub-
stance comes out of anything they talk about . Councilman Wallace
felt that Council should meet with the Board on this matter. Mayor
Hill asked Mr. Ritter to contact the County Administrator and set
a convenient date to meet with the Board - a date that would be -ac-
ceptable to both bodies .
Mayor Hill said he took a walking tour this morning of sidewalks
from N. Wirt Street at its intersection with Market Street north to
Cornwall Street, thence east on Cornwall , both sides of the street.
It was pointed out to him that most of the time the east side of
N. Wirt and the south side of E. Cornwall are slick. There have been
two lawsuits involving the sidewalk in the area of East Cornwall
Street and he believed something should be done to alleviate the
condition before we have another such suit . He requested that im-
mediate action be taken to correct the potholes and evaluate this
sidewalk to see what can be done . There are trees and roots in the
sidewalk . Mr. Ritter said they will do what they can to repair •this
sidewalk , but he thinks it needs further discussion. Councilman Pum-
phrey called attention to a place almost in front of the Town Office ,
where a s ction of the walk has dropped about 11/2 inches and where
he helped7lady who fell there just yesterday . Mayor Hill felt that
there are other areas in bad shape also and that more time should be
devoted to repairing these sidewalks .
Mayor Hill asked the Clerk to read a letter delivered to his office
yesterday relative to the Highway Department 's request for the land
surrounding the Myers Well . Present from the Highway Department were
Mr. Connock, Resident Engineer; Mr. Coppedge, Assistant Right-of-Way
Engineer for the District and Mr. James , Chief Draftsman for the Dis-
trict . Mr . Connock explained that the Well falls in the median of
the By-Pass and the Highway Department will have to acquire this land.
Upon request of the Town to leave the Well in place, they have worked
with the Town, the Health Department and Dewberry , Nealon and Davis
to develop a scheme whereby the Well can be left in the median . How-
ever, this will mean reconstruction of housing for the chlorination
and pumping equipment . There will be accessoffof the westbound
lane from the By-Pass . He asked if the Town is willing to donate
this land to the Highway Department and said that they are in the
process of right-of-way acquisition. If , the Town does not donate
this land, they will have to go through appraisals , negotiation and
possibly condemnation . He felt that, by agreeing to leave the Well
and paying a sufficient amount on the housing for the equipment, the
Town might consider donating this land. Councilman Titus asked if
they want the Town to convey the site by way of intent or by way of
deed at this moment. The answer was by way of intent. Mr. Titus -
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MINUTES OF JULY 25 , 1973 MEETING. _
felt there would be some agreements to be made before a final Deed is
given. Mayor Hill asked if such a letter of intent is written, would
this bind the Town if an agreement cannot be reached, or could it be
subject to an agreement? Mr. Coppedge said that, at this time, they
need to know one way or the other - he had with himra copy of an option
agreement for land to be acquired. Mayor-Hill said the Town Attorney
has suggested that this be referred to the Street Committee for dis-
cussion and he asked that members of this Committee remain after the
meeting for discussion with the Highway Department officials . Mr.
Titus said a question has been raised as to whether the Town has clear
title to one of the three properties in question and, if they sign a
letter of intent, they might not be able to back it up. Mr. Cop-
pedge said they would be glad to have Mr . Mahan, their attorney , look
at this . Mayor Hill again asked that the Street Committee remain and
meet with the Highway Department officials after the meeting so that
they might go into more detail.
On motion of Councilman Ridder, seconded by Councilman Pumphrey,
the following resolution was unanimously adopted after some discussion :
RESOLVED, that the Council hereby waives the requirement to
construct curb, gutter and sidewalk on Fort Evans Road be-
tween the property of Larson and Wolverton until such time
as said property is developed , and
BE IT FURTHER RESOLVED, that Basil 'DeLashmutt is hereby re-
quested to dedicate 5 feet of his property adjacent to Fort
Evans Road from the property of Larson to the property of
Wolverton for the purpose of street widening .
Mr. DeLashmutt stated that he has agreed to this dedication; also,
in the event the property changes hands , this would be a requirement
by a new owner.
On motion of Councilman Pumphrey , seconded by Councilman Titus ,
the following resolution was proposed :
RESOLVED, that the firm of Dewberry , Nealon and Davis be and
it is hereby authorized to proceed with plans , specifications ,
bids and liason with the State Highway Department on reloca-
tion of utilities in the proposed By-Pass , in accordance with
Mr. Bengtson 's discussion with the Utility Committee .
Mr. Ritter read portions of a letter received late today from Dewberry,
Nealon & Davis , in which Mr. Bengtson estimates that it would take 45
days to complete the surveys and engineering for this project, exclusive
of review time by State agencies . They propose to perform all the
services necessary for a lump sum of $ 11 ,000, broken down as follows :
Dry Mill Sanitary Sewer $2 ,300
Children 's Center Sanitary Sewer 2 ,500
Myers Well 6 ,200
Total $11 ,000
The question was raised as to whether or not this includes the design
of the new buildings . Mr . Ritter said he was under the impression that
the Highway Department would pay the entire cost, except for $2 ,000.
It was estimated that the new building would cost around $4,000, there-
fore, the Town would pay $2 ,000. Mr. James of the Highway Department
said they had agreed to pay 50 per cent of the cost of the building
and to pay the engineering costs for this relocation - he believed
this to be a reasonable cost. Mr. Ritter said then it would cost
the Town the $2 ,000, plus our costs to Sydnor Hydrodynamics for our
work on the Well. Mayor Hill believed the Highway Department should
be furnished with a copy of this letter. Councilman Titus asked Mr.
Connock how he felt about the 45-day time for this work . Mr. Connock
said he would like to see a clause in the contract , whereby the con-
tractor could be working while the agreements are worked out - he said
until they get the plans and the estimated cost , they can ' t go ahead.
Councilman Ridder wondered if it would be appropriate to amend this
resolution to state that the Highway Department agrees to pay the cost
of engineering and half the cost of the building . Mr. Forbes said a
letter was received from thgnpepartment three to four weeks ago, stat-
ing that the Department will7for relocation of the utilities . Mr.
Connock explained that they pay for all relocation, except for better-
ment , i.e . , if the Town wanted to put in a larger line , it would pay
113
MINUTES OF JULY 25 , 1973 MEETING.
the difference . Mr. Titus asked why the Highway Department does not
deal directly with the consultant . Mr. Connock said these are the
Town 's facilities and final approval would have to come from the Coun-
cil. Councilman Wallace thought the resolution should have some pro-
vision that it meets with the approval of the Highway Department.
Mr. Connock said they have discussed this enough that everybody knows
what they are doing and what has to be done - it is just a matter of
plans . After some further discussion, on motion of Councilman Wallace, �( `.
seconded by Councilman Orr, Council voted unanimously to defer this
item until a future meeting .
On motion of Councilman Titus , seconded by Councilman Pumphrey,
the following resolution was offered :
WHEREAS , the Town of Leesburg will , in the near future, with-
draw water from the Potomac River for the use of the citizens
of Leesburg and its environs , and
WHEREAS , the Potomac River has , in the past , demonstrated
great fluctuations in its flow and has , at time of low flow,
Q been very close to not meeting the most essential needs of
Cr; the Washington Metropolitan Region, and
CC
WHEREAS, the Corps of Engineers recommended that reservoirs
be constructed at Verona and Sixes Bridge to stabilize the
flow, dilute pollutants and maintain water quality in the
Potomac River and its tributaries,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg , that it fully supports the construction
of both the Verona and Sixes Bridge Reservoirs and urges
the Congress of the United States to authorize and support
both projects as soon as possible to relieve a potentially
hazardous water crisis for the citizens of the Potomac River
IIBasial.
_
Councilman Ridder said that four or five years ago, when the Seneca
Dam was proposed in this area , it was vehemently opposed by County
residents . Now we turn around and want people in other jurisdictions
to take on our problems and these people feel just as adamant as we
did in Loudoun County. Therefore , he felt we were being hypocritical
by adopting such a resolution . Councilman Titus said he agreed with
this, however, he very strongly favors this and feels that, if we are
going to withdraw water from the Potomac , we need these dams to pro-
tect the flow - it is a "crisis" situation . Mayor Hill said this was
brought up at a meeting he attended concerning Fairfax County a couple
of weeks ago. He said that definitely there should be an agreement with
all the people drawing water from the Potomac which would allot pro-
portionately the amount of water they would take during periods of low
flow. He thought we had received some correspondence concerning cur-
tailment at times of low flow, however, Mr. Forbes said he was not
familiar with this and Mr . Ritter said it is not a part of our permit.
Councilman Pumphrey said he was in favor of this . He said that, in
the time of war, if a facility such as Seneca Dam would have been hit,
we would not only lose a lot of people but water as well . It would
be very unlikely that a whole series of dams or reservoirs would be
hit . The resolution above was then adopted by a vote of 5 to 1, with ;
Councilman Ridder voting against it .
On motion of Councilman Titus , seconded by Councilman Ridder,
the following revision was offered to the Priority Statement is-
sued by Council on June 13 , 1973 :
After Category 2-B
Category 2-1 Parts or sections of subdivisions having only
preliminary approval prior to March 28, 1973
for which utility lines were extended at the
request of the Director of Public Works for
engineering reasons , provided the said utili-
1 1'4
MINUTES OF JULY 25 , 1973 MEETING.
ties extension is agreeable to and granted by
the Town Council, and provided the final sub-
division plat is acceptable to the Planning
Commission. (The only lots to be considered
in this section are those for which no fur-
• ther extension of sewer lines is necessary
and which are serviceable to the Town system
by gravity) .
Loudoun Hills, Section 2 - - lots .
On motion of Councilman Titus, seconded by Councilman Ridder, Council
voted 5 for and 1 abstention, that being Councilman Wallace, to add
the following :
Lots 18 through 31 and Lots 61 through 72 .
Councilman Wallace asked the reason for this and Councilman Titus ex-
plained that the Utility Committee felt the extension. of these lines
was done at the request of the Town 's Director of Public Works - the
utilities are in the ground. The resolution, as amended, was then
unanimously adopted .
On motion of Councilman Wallace , seconded by Councilman Ridder,
Council voted unanimously that the Town Manager be authorized to exe-
cute the Grant Agreement of the Department of Housing and Urban De-
velopment for Project No . WS-VA-79, Fed. Contract No . WS-VA-79(G) .
On motion of Councilman Wallace, seconded by Councilman Pumphrey,
the following resolution was unanimously adopted: (copy of same at-
tached hereto) :
WHEREAS , The Town of Leesburg , Virginia (the "Applicant") has
heretofore submitted an applicati cn to the United States of
America, Department of Housing and Urban Development (the
"Government") for a grant under Section 702 of the Housing
and Urban Development Act of 1965 , as amended, to aid in fi-
nancing a certain public works identified as Project No .
WS-VA-79, Fed . Contract No. WS-VA-79(G) ; and
WHEREAS, the Government has approved the said application and
has submitted to the Applicant a certain- Grant Agreement (the
"Agreement) for approval and execution by the Applicant, which
said Agreement is satisfactory,
NOW, THEREFORE, BE IT RESOLVED BY THE Town Council of the Town
of Leesburg of the Applicant , that the said Agreement, a copy
of which is attached hereto, be and the same is hereby approved .
The Town Manager is hereby authorized and directed to execute
the said Agreement in the name and on beha1 1g t�g {� �licant,
in as many counterparts as may be necessary, and the/ Town Coun-
cil is hereby authorized and directed to affix or impress the
official seal of the Applicant thereon and to attest the same .
The proper officer is directed to forward the said executed
• • counterparts of the said Agreement to the Government, together
with such other documents evidencing the approval and authori-
.4 • zation to execute the same as may be required by the Government.
Councilman Wallace asked if Mr. Williams had received any word as to
whether or 94 w d increase this Grant . Mr . Titus said he be-
lieved it was 1*zs21opiinton that now is not the time to do this, but
after construction is completed.
5
On motion of Councilman Wallace , seconded by Councilman Orr,
the following resolution was unanimously adopted:
RESOLVED, that the following appropriations be made :
$ 57 .00 - Loudoun Engineering & Survey - Engineering
(General Fund) .
125 .00 - Dewberry , Nealon & Davis - General Consultation
on TOPICS Program (1971 Bond Issue) .
115
MINUTES OF JULY 25 , 1973 MEETING.
$916 .00 - Dewberry, Nealon & Davis - Design Market Street
and Catoctin Circle (1971 Bond Issue) .
31 . 94 - Bank Service Charge - First & Merchants Bank on
$300,000 Bond _ Issue (Utility Fund) .
On motion of Councilman Pumphrey , seconded by Councilman Titus,
the following resolution was unanimously adopted:
111 RESOLVED, that the following be included in the .Resurfacing
Schedule for year 1973 :
Surface Treatment of South Street , from King Street to end
of plant mix on S. Wirt Street . Proposed cost - $1,050 .
Mayor Hill read a letter just received tonight from a man in York,
Pennsylvania, who was seeking a wife . This was read in order that the
audience might know some of the items that come across the Mayor§ and/
or Manager 's desk and asked that the Town Manager answer same .
O On motion of Councilman Titus , seconded by Councilman Ridder,
Cr.CC the following resolution was unanimously adopted :
RESOLVED, that the Town Treasurer be and he is hereby author-
ized to accept payment from Green Acres Associates for sewer
availability fee to serve Lot 127 , Section 1 of Loudoun Hills
Subdivision, at the rate of $300 . .
On motion of Councilman Pumphrey, seconded by Councilman Titus,
the following resolution was offered:
WHEREAS, Dr. London has offered to sell to the Town the
property bounded by Pearson on the east and lands of the Town
on the west, fronting on the north side of Loudoun Street,
Leesburg , Virginia ,
BE IT RESOLVED, that the Council does hereby accept said offer
and agrees to purchase said land for the sum of Thirty-four
Thousand Dollars ($34 ,000.00) , subject to the following condi-
tions :
(1) The land is to be conveyed by a good and proper deed with
general warranty and the usual covenants of title , including
the survey description .
(2) The title must be insurable by Lawyers Title Insurance Com-
pany , without exceptions as to title or matters of survey.
(3) The time of closing shall be forty-five (45) days frau the
date of adoption of this resolution, at the office of the Town
Attorney .
(4) The seller is to provide a list of the tenants and the
rents are to be pro-rated. Seller agrees to notify all ten-
ants, if the sale is consummated that the Town is the new
owner and to provide all written leases and/or the terms of
the oral leases of said property for review prior to closing .
(5) There are no restrictions in the title which would affect
111
the uses intended for the land.
(6) The seller is to pay the grantor tax and the Town and
County real estate taxes through the date of closing .
(7) The risk of loss to the structures is : to be borne by
seller until day of closing .
" - �� 1 6
M I N U T E S O F J U L Y 2 5 , 1 9 7 3 M E E T I N G .
"
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D o l l a r s ( $ 3 4 , 0 0 0 . 0 0 ) b e a p p r o p r i a t e d f r o m t h e G e n e r a l F u n d
f o r t h e p a y m e n t f o r s a i d l a n d a n d a n a d d i t i o n a l s u m o f F i v e
H u n d r e d D o l l a r s ( $ 5 0 0 . 0 0 ) f r o m t h e G e n e r a l F u n d f o r t h e p a y -
m e n t o f t i t l e e x a m i n a t i o n a n d i n s u r a n c e , r e c o r d a t i o n o f d e e d
a n d a d d i t i o n a l i n s u r a n c e p r e m i u m s , -
C o u n c i l m a n O r r a s k e d a b o u t t h e B a r b e r S h o p - i f t e a r i n g t h i s b u i l d i n g
d o w n i s i n t h e f o r e s e e a b l e n e a r f u t u r e . C o u n c i l m a n P u m p h r e y s a i d t h e
T o w n n e e d s i t f o r p a r k i n g a n d f o r a c c e s s t o t h e p r o p e r t i e s t h a t f r o n t
o n K i n g S t r e e t . T h i s w o u l d o p e n u p t h e b a c k s o f a l l t h o s e b u s i n e s s e s
s o t h a t t r a s h c o l l e c t i o n c o u l d b e m a d e f r o m t h e r e a r . C o u n c i l m a n
T i t u s s a i d h e h a d h o p e d t h e p u r c h a s e o f t h i s p r o p e r t y w o u l d b e f o l -
l o w e d b y s o m e k i n d o f a g r e e m e n t r e q u i r i n g c o l l e c t i o n t o b e m a d e f r o m
t h e r e a r , n o t o n l y i n t h i s b l o c k , b u t a l s o i n t h e b l o c k t o t h e e a s t
o f i t . M r . R i t t e r s a i d t h e y a l r e a d y p i c k u p f r o m t h e r e a r f r o m L e e s - -
b u r g R e s t a u r a n t , a s w e l l a s f r o m R a f l o '