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HomeMy Public PortalAbout1974_01_09 206 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 9, 1974. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia on Janu- ary 9, 1974 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman Murray offering the prayer. Those present were : Mayor G . Dewey Hill , Councilmen Walter F . Murray , Robert A. Orr, John W. Pumphrey , C . Terry Titus and John A. Wallace , Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Councilman Herbert L. Ridder joined the meeting at approximately 8 :50 P.M. The Minutes of the regular meeting of December 26 , 1973 were ap- proved as written. Mayor Hill recognized Colonel Michael C . Grenata , Chairman of the Committee for a Safe Leesburg By-Pass , who asked Mr . Frank Cald- well to speak . Mr. Caldwell reviewed the By-Pass situation from its beginnings in the late 1950 's , at which time he was Chairman of the Planning Commission, calling attention to the fact that the route was changed several times due to objections by the Town Council and the Planning Commission before the present northeast and southeast quad- rants were constructed. It was his belief that this was a case where determined action by the Council forced the Highway Department to change the route of the By-Pass , this being the point to be discussed by Colonel Grenata tonight . Colonel Grenata stated that his purpose tonight is to supply in- formation and answer questions so that Council can arrive at the proper decision in . the public interest . He spoke concerning a letter from Commissioner of Highways Douglas B . Fugate dated December 18, 1973, which letter was in reply to a resolution adopted by the Town Coun- cil on December 12 , 1973 , as well as a resolution adopted by the Loudoun County Board of Supervisors on January 2 , 1974 . It is ob- vious that Commissioner Fugate is never going to make any change and he feels that all the power and influence possible must be mobi- lized to stop Line A Modified. Senator Scott would request Governor Godwin to review this situation if both the Board of Supervisors and the Town of Leesburg would adopt resolutions opposing Line A Modi- fied . Senator Byrd would secure an appointment with the Governor if no-one locally can arrange this and Delegate Rollins has said he would do so . He referred to Commissioner Fugate ' s statements made before the Senate Transportation Committee in February of 1973 ; a letter writ- ten to Senator Waddell on October 2 , 1972 by Mr . William J . Cox , a former member and Chairman of the Loudoun County Planning Commission (this taken from a History of the Leesburg By-Pass compiled by Colonel Grenata) ; quotations by Mr. Yeatts at the location hearing held in Leesburg in April of 1970, who apparently thought Line B the better route ; and extracts from a hearing of the Senate Joint Resolutions Committee, which also quoted statements made by Commissioner Fugate, wherein he admitted the Highway Commission does make mistakes . He also pointed out on two maps why Line A Modified is a bad line. Dr. B. A. Brann addressed Council at this time , at Colonel Gre- nata 's invitation, calling attention to the damage that has already been done to his property . However, he stated that his main objec- tions are the safety , cost and damage to the Town of Leesburg . Dr. Walter Ruble , a new resident of the area on the other side ` of Route 7 from Dr. Brann, also addressed Council , stating that, in his experience as a registered professional engineer over many years , he has witnessed some tragic errors of judgment made by conscientious and dedicated professional public servants . Therefore , it would seem reasonable that the Virginia Highway Commission could make errors as well . He believed that the building of Line A Modified would be a- nother tragic error of judgment , and it was his opinion that Line A Modified should be reviewed by a competent and unbiased engineering firm operating in another State to determine whether the Highway Com- mission 's decision is , in fact, in the best interest of the State, the Town of Leesburg and the residents of Loudoun County just west 201 MINUTES OF JANUARY 9, 1974 MEETING. of Leesburg . This review could be completed in six to eight weeks at a cost of $ 15 ,000 or less , and would give a final and unbiased answer. He pointed out the damage to his own property if this line is constructed, exhibiting a map showing the expensive installation involved for the purpose of a buffer and the disruption it would cause to this part of the Town and the County. Colonel Grenata said that the present contract is in the amount ' of $5 ,350,000, the project to be completed in two years , or by Oc- tober 1 , 1975 . $2 ,700 ,00) (just about half of the total amount) was111 allotted on July 1 , 1973 . If Governor Godwin agrees to stop Line A Modified and go with Line B Modified or an alternate route , he is sure he will see that we get the money to build the alternate route as it is needed on a crash basis . Councilman Titus asked if the Governor has told him this. Colonel Grenata said No, this is what we want to find out . He believed work should start in a year. He said we would have little to lose and everything to gain and recom- mended that this Council take such action to request Governor Godwin to review this case , to stop construction on Line A Modified, ex- cept on that segment which is on both lines , and to expedite , on a crash basis , the construction of Line B Modified or an alternate route . At this time , Colonel Grenata read the resolution adopted by the Board of Supervisors on January 2 , 1974 and said that Delegate Rollins had authorized him to say that he , Delegates Owens and Mur- phy would support any action to stop Line A. Senator Waddell has also stated that he would support this action. The Board of Super- visors is now leaving it up to the Town Council . Colonel Grenata said there were other members of his Committee present in favor of stopping Line A Modified and asked that they either stand or raise their hands . There were some 14 or 15 members present , indicating their acquiescence in this matter. Councilman Murray wished to offer a proposed resolution at this time , however, Mayor Hill said he had promised Councilman Ridder that no vote would be taken on this matter until he could get to the meet- ing and he expected him within a short time . Councilman Murray offered the following resolution, to be con- sidered later, when all members are present : BE IT RESOLVED by the Town Council of the Town of Leesburg , that Delegate Kenneth B. Rollins be requested to petition Governor-Elect Mills E . Godwin, Jr . for a meeting as soon after his inauguration on January 12 , 1974 as is practicable to review the Leesburg By-Pass matter, and BE IT FURTHER RESOLVED that, if this meeting can be arranged, one or more representatives of the Town will be appointed by the Mayor to present the Town ' s position on this matter, which position has the support of the Loudoun County Board of Super- visors,, as indicated in their resolution dated January 2 , 1974 , a copy of this resolution to be forwarded to Governor-Elect Mills E. Godwin, the Virginia Department of Highways , Delegates Kenneth B . Rollins , Stanley Owens , William Murphy and to Senator Charles Waddell . Councilman Murray added that, as far as he is concerned, .this is the "last shot and, if the man at the top says No, this is the way he will always vote - this is all he wants to hear about it. " • , Mayor Hill said the above resolution would be held in abeyance until the arrival of Councilman Ridder. He asked the Clerk to read the letter from Commissioner Douglas B. Fugate dated December 18, 1973 and to make this letter a part of the Minutes of this meeting. Town Manager Ritter reported as follows : 1. A couple of months ago, Herbert Bryant, Inc . was notified to clean up the debris on Harrison Street where there was a fire a couple of years ago . They are finally getting ready to start work on this next week. They have contracted with Smith and Moran , who operate the Hidden Lane Landfill to clean up this debris . 208 MINUTES OF JANUARY 9, 1974 MEETING. 2 . The Street Committee met with Mr. Williams a couple of nights ago to go over the Water Study Report made for the Town . Mr. Williams brought us up-to-date on the progress of the plans for the Potomac River Project . They should be completed in about two weeks•, at which time they will submit them to the Health Department in Richmond for approval and to us so that we can secure a Commission Permit. This normally takes 4 to 6 weeks , but , hopefully , we can get the Permit much sooner. It looks like this project might possibly go out to bid about March 1st . 3 . On the chemical addition at the Sewer Plant , we are still getting in equipment and material. The pumps were shipped last week but have not arrived yet . The overhead door for the Butler building is scheduled to be installed on January 21st. The electrical work is nearly complete . The water line is yet to be put in, but this is minor and can be done by Town forces when weather and ground conditions are favorable . It looks like sometime in February before we start this work . 4. We have received a notice from the Highway Department of three tentative dates scheduled for advertising three different proj - ects in Leesburg . One is the Route 7 Urban Project, which consists of dual-laning a short section at the intersection of Catoctin Circle, as well as four-laning Catoctin Circle to a point at the W. & O.D. Railroad - this to be advertised on April 10, 1974 ; the Route 15 Urban Project from the By-Pass to this side of Catoctin Circle - to be advertised on June 5 , 1974 ; and the intersection of Market Street, Loudoun Street and Morven Park Road, which consists of pavement widen- ing and cutting across this intersection - to be advertised on Novem- ber 6 , 1974. Councilman Pumphrey objected to voting on the proposed By-Pass resolution before it goes to Committee . He wants answers to several questions before he votes on this . He said they have been fighting for 15 years trying to get a By-Pass and it has taken a good ten years to get two quadrants . Traffic is getting worse every day and, if the adoption of this resolution could cause us to lose our allo- cation or to delay the By-Pass , he wants to know it . He asked that it be turned over to the proper committee before any action is taken. He also said there are some misgivings about the last resolution a- dopted by some of the members of Council . Mayor Hill explained to the audience at this time that, accord- ing to the rules of Council , if one member objects to considering an item not on the regular Agenda, it must automatically be referred back to Committee . Therefore, since Councilman Pumphrey has objected, it is referred back to the Street Committee for further consideration. Councilman Orr asked how the Police cars are holding up - he under- stood from the Chief that the main car is broken down . Mr. Ritter said we have not had very good luck with the Plymouth cars we have been getting through State Purchasing , but we have no choice as long as we get them through the State . He said it is not too much more expensive to get them individually and we have one on order from Leesburg Motors . Councilman Orr suggested that we buy smaller cars: Mr.. Ritter said the one on order and the one on the Agenda are both smaller cars , the one hieing on order from Leesburg Motors is a Ford. • Councilman Murray pointed out that no change • as made in his proposed resolution on the By-Pass and asked thatIbe reviewed. He would hope that whoeveftwould be appointed to present our petition would realize that, ifTmeant a delay, then we would go back - it is not his intention to delay this project. Councilman Titus re- quested that the Street Committee be furnished with a copy of this proposed resolution for consideration at its meeting on Monday . i4 aitlinXiSI kXS&IXXXXXX#lialbSg,XXIXXXXXXIMUX Mayor Hill recognized Mr. Sorensen at this time . Mr. Sorensen, Vice President of Sorensen Construction Corporation, stated that he and Mr. Logan Jennings , with Jeffrey Sneider Company , have worked to- gether on a plan for water-saving devices . He said they have gone to the Utility Committee several times and have researched quite a few types of devices on the market today. They feel that they have an 209 MINUTES OF JANUARY 9, 1974 MEETING. come up with the simplest method of water saving . The kit presented to each Council member tonight is the latest device the Washington Suburban Sanitary Commission has come up with . He called attention to the booklets that accompany these kits , explaining the use of the bottles , which should save approximately one quart of water with each flush of the toilet. They feel that this would be good for Leesburg in that it would conserve water, it could save the homeowner money and reduce the wasteloads at the Sewage Treatment Plant . Although the WSSC has 48 cents in each kit , they have an over-supply and it is believed that each kit can be purchased for 20 cents after Janu-. ary 15th . Other jurisdictions are interested in water-saving de- vices and they would like to be able to purchase these. before the supply is depleted. Mr. Chaves has advised that approximately 3 ,000 of these kits would be needed for Leesburg , at a cost of $600, and Mr . Ritter has stated that these kits could be distributed to the homeowners by the Town 's meter reader over a three-month period. Mr. Sorensen said several members of their Committee have agreed to pick up these kits and bring them to Leesburg . Mr . Jennings added that his firm is considering purchasing them for other jurisdictions . Mr. Sorensen suggested that a small note accompany these kits when e' they are distributed, stating that they have been purchased from the O WSSC. w a On motion of Councilman Titus , seconded by Councilman Pumphrey, �.,.,^ the following resolution was unanimously adopted after some little dis- cussion : BE IT RESOLVED, that authority be given to the Town Manager to purchase 3,000 Water Saving Devices (3 bottle plastic kits) from the Washington Suburban Sanitary Commission through Les Sorensen , at a price of 20 cents per kit . Mayor Hill commented that , quite often, the Town is critized for various things and it is very seldom that we do anything from a public rela- ' tions standpoint. Councilman Titus commented that , in some of the research he did on water-saving devices , the WSSC found most of them to be unsuccessful unless they were installed by a plumber. These are simply installed by the individual homeowner. He thanked Mr . Sorensen and Mr. Jennings for their work on this project . Councilman Pumphrey commented that a great deal of water could be saved if a large number of people use these devices . Councilman Orr left the meeting at this time . The Public Hearing on Amendments to the Zoning Ordinance was opened at this time , with the Notice being read by the Clerk. Mayor Hill asked that the Clerk read a letter received from Harold E. Wil- liams , President of the Virginia Society of Professional Engineers , Northern Virginia Chapter, this letter being pertinent to the amend- ments to be discussed. This letter, after outlining reasons for rec - ommended changes in Section 9A-4-2 of the Site Plan Ordinance, sug- gested the following change in that Section : "Site development plans shall be prepared and certified by either a professional engineer, architect or land surveyor registered in the State of Virginia . When a site development plan contains elements involving several of the aforementioned incidents , the certification of each will be required. " Councilman Ridder joined the meeting at this time . Mr. Cecil Jackson , President of the Mt . Vernon Surveyor 's Associa- tion addressed Council at this time, speaking on behalf of those mem- ' bers who are licensed through the Department of Professional and Occu- pational Registration in the State of Virginia , stated their position to the inclusion of , or reference to, landscape architects , planners and urban design in the proposed Ordinance . Since they are not li- censed, disciplined or regulated under any professional jurisdiction in the State of Virginia for the protection of the general public , they respectfully requested that Article 15-1-40 and Article 15-1-58 be taken from the Ordinance , and that the words "City planning , ur- ban design and landscape architect " in 9A-4-2 be deleted. 210 MINUTES OF JANUARY 9, 1974 MEETING. Mr. Paul Bengtson of Dewberry , Nealon and Davis , one of the Town 's consultants , said that, basically , he believed this is a fine docu- ment , but he agreed to some extentwith the letter read and with the statement made by Mr. Jackson, that being to the other types of plan- ning, urban , city planning and landscape architecture since they do not have any professional registration in the State of Virginia . He had no quarrel with this type of people , but believed that certifica- • tion should be done by either the architect, the professional engineer or the land surveyor. Concerning a site plan having two or three cer- tifications , he pointed out that there is an exemption in the State law that allows an architect to sign for certain work that has some- - thing directly to do with his work . The same applies to a profession- al engineer. He did not see how anybody could be held responsible if there were three certifications . He urged Council to review this section of the Ordinance . There being no-one else to speak either for or against the Amend- ments , the Public Hearing was declared closed by Mayor Hill . On motion of Councilman Titus , seconded by Councilman Wallace, the following Ordinance was unanimously adopted: WHEREAS , the Leesburg Planning Commission initiated the following amendments to the Leesburg Zoning Ordinance ; and WHEREAS , the said amendments have been processed in accord- ance with the provisions of Article 11 of the Leesburg Zon- ing Ordinance and Article 8, Chapter 11 , Title 15 . 1 of the 1950 Code of Virginia , as amended; and WHEREAS, it has been determined that such amendments to the Leesburg Zoning Ordinance are in the best interest of the Town of Leesburg , Virginia ; NOW, THEREFORE, BE IT ORDAINED, by the Council for the Town of Leesburg, that the Leesburg Zoning Ordinance be and the same is hereby amended as follows : Delete Section 9-2-1 in its entirety. Add, subsequent to Section 9-3 , a new article as follows : (Article 9-A - Site Plans - to be seen in the Zoning Ordinance . ) Delete Article 15 in its entirety and add in place thereof the following : (Article 15 - Definitions - to be seen in the Zon- ing Ordinance) . The above-mentioned Site Plan Ordinance and Definitions include an amendment moved by Councilman Titus , seconded by Councilman Wallace and unanimously adopted by Council , as follows : "Sections 9A-4-2 amended to read 'Site development plans will be prepared by an architect or engineer or land surveyor duly authorized by the State of Virginia to practice as such; ' also, to delete from the Definitions 'Planner and 'Landscape Archi- tect, ' 15-1-40 and 15-1-58 . " Bids were opened at this time by Town Manager Ritter on pro- posed investments as follows : First & Merchants National Bank (c) $500 ,000 for 180 days , at 8 .06%. (d) $100 ,000 for 365 days , at 7 . 26%. North American Bank & Trust (b) $500,000 for 365 days , at 7 . 52%. 211 MINUTES OF JANUARY 9, 1974 MEETING. Peoples National Bank (a) $ 40,000 for 365 days , at 6%. (b) $500,000 for 365 days , at 72%. (c) $500,000 for 180 days , at 8%. (d) $100 ,000 for 365 days , at 7121. (e) $140 , 278 for 90 days , at 8%%. First Virginia Bank (a) $ 40,000 for 365 days , at 6 . 5%. (b) $500 ,000 for 365 days , at 6 .50%. (c) $500 ,000 for 180 days , at 7%. (d) $100,000 for 365 days , at 6 . 5%. (e) $140,278 for 90 days , at 7%. On motion of Councilman Murray , seconded by Councilman Pumphrey, the following resolution was unanimously adopted, although Councilman Wallace raised the question of whether the $500 ,000 investment should be advertised on a shorter period of time, where we would get a higher rate of interest : C Crs BE IT RESOLVED, that the following Banks be awarded the in- vestment of Town funds , as shown in their bids of January 9, 1974 : (a) First Virginia Bank - $40,000 Utility Fund, Water and Sewer Availability Fund, due January 11 , 1974 , now in- vested with First Virginia Bank, to be reinvested for 365 days , at an interest rate of 6 . 50 per cent. (b) North American Bank & Trust - $500,000 1972 Bond Issue, due January 10, 1974, now invested with North American Bank and Trust , to be reinvested for 365 days , at an interest rate of 7 . 52 per cent . (c) First & Merchants National Bank - $500 ,000 1972 Bond Issue, due January 8, 1974, now invested with First and Merchants National Bank, to be reinvested for 180 days , at an interest rate of 8.06 per cent . (d) Peoples National Bank - $100 ,000 1972 Bond 'Issue , due January 10 , 1974 , now invested with First and Merchants National Bank, to be reinvested for 365 days , at an in- terest rate of 7 . 50 per cent. (e) Peoples National Bank - $140, 278 ($100,000 1972 Bond Issue , and $40 ,278 Federal Revenue Sharing money) , due January 9, 1974 , now invested with North American Bank and Trust , to be reinvested for 90 days , at an interest rate of 8.50 per cent . Councilman Titus suggested that, in the future, all letters asking for bids contain the phrase that"the Town reserves the right to re- ject any or all bids . ' On motion of Councilman Pumphrey , seconded by Councilman Ridder, the following resolution was unanimously adopted : BE IT RESOLVED, that Councilman John A. Wallace , Jr. be authorized to sign the attached letter addressed to Mr. Fredric L. Spain , in answer to Mr. Spain 's letter of No- vember 21 , 1973 , requesting a hearing relative to being taxed unfairly on properties on Fort Evans Road. On motion of Councilman Wallace , seconded by Councilman Ridder, the following resolution was unanimously adopted : BE IT RESOLVED, that authority be given for the purchase of a 1974 Plymouth Police Car through State Purchasing at a price of approximately $3 ,644 .35 . Councilman Wallace said this would give us two 1974 's and one 1973 on the road. The two new cars both have smaller engines and it is hoped to cut down on maintenance costs . 12 MINUTES OF JANUARY 9, 1974 MEETING. On motion of Councilman Wallace, seconded by Councilman Pumphrey , the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made : $ 2,006 . 96 - DND - Old Waterford Road - 1971 Bond Issue . 1,887 .82 - DND - Drainage Study - Revenue Sharing Fund. 809. 25 - DND - Rt . 7 Urban Project - 1971 Bond Issue . 620 .00 - DND - Myers Well - Utility Fund-Capital Outlays (Reimbursable) . 230 .00 - DND - Dry Mill Sewer Relocation - Utility Fund- Capital Outlays (Reimbursable) . 250.00 - DND - Children ' s Center Sewer Relocation - Utility Fund-Capital Outlays (Reimbursable) . 13 . 99 - Coupons due 1/15/74 on $300 ,000 Bond - Utility Fund. 200 .00 - Supplemental Appropriation - Utility Fund-Fuel. Councilman Titus said he was very much concerned about the storm sewer project from Route 7 to Edwards Ferry Road, which is to come out of the 1971 Bond Issue - there is no longer enough money to pay for this project . Councilman Wallace said that there are monies which are reimbursable to this fund. Mr. Titus said we will have to take the money for this project from other funds if there is not enough in the 1971 Bond Issue - these people have been promised for a long time . Mr. Ritter said we lack one easement on this project and this is not going to be any problem as far as they can see at this time . Mr. Titus asked Mr. Bengtson the status of the Drainage Study and of the Standards . Mr . Bengtson said the field work is completed on Phase 1 and 2 of the Drainage Study and it should be here in two weeks . As for the Standards , they have met with the Committee one time and it is set up to meet with them again and get this finished very shortly . The above resolution was then unanimously adopted. On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was offered : WHEREAS , an Agreement was entered into on October 22 , 1968, between Tuscarora, Inc . , the Developer; John C. Wright and Gladys H. Wright , referred to as Owner; Town of Leesburg and The Peoples National Bank of Leesburg , referred to as Escrow Agent ; and WHEREAS, said Agreement required the construction of a 275 ,000 gallon tank and eight inch water line , by the Owner, in Leesburg Country Club by October 22 , 1973 ; and WHEREAS , the Owner deposited $75 ,000 .00 in U. S. Treasury bonds as evidence of good faith with the Escrow Agent ; and WHEREAS , the Owner has not yet fulfilled the obligations required in said Agreement . NOW, THEREFORE, BE IT RESOLVED, that The Peoples National Bank of Leesburg be requested to sell such bonds now in their hands and to pay the proceeds of sale to the Town, in accord- ance with paragraph 7 (c) of said Agreement, and to deduct the sum of $150 .00 , representing the bank ' s fee for services . Given under my hand this : day of _ , 19_ TOWN OF LEESBURG, VIRGINIA By Attested: Mayor Clerk Z =1L3� MINUTES OF JANUARY 9, 1974 MEETING . Lengthy discussion followed concerning this resolution as to its involvement with an Agreement to be considered with Jeffrey Sneider in the near future concerning the building of the tank and the water line, as well as what should be done with the proceeds of the sale of the bonds in the meantime . Town Attorney Martin acknowledged re- ceipt of a proposed Agreement with Jeffrey Sneider, but said he would have to go over it with the Utility Committee - he had not yet had time to really look at it . Investment of these funds was also dis- cussed, with the possibility of advertising for bids on a portion of these funds until such time as an Agreement is consummated. The rese- lution was then unanimously adopted. ' On motion of Councilman Murray , seconded by Councilman Titus , the following resolution was unanimously adopted : WHEREAS , the Town Council, by resolution on November 28, 1973 , requested Boothe , Prichard & Dudley to advise the Council on matters regarding Leesburg Manor Apartments , and WHEREAS , that law firm has advised the Town of Leesburg , O by letter of December 18 , 1973 , that it would not be proper for them to proceed against Leesburg Manor Apartments , inas- much as a representative of the landowners had consulted one of the law firm 's partners about this matter a number of months ago, NOW, THEREFORE, BE IT RESOLVED, that Boothe , Prichard & Dud- ley be notified that the Town acknowledges receipt of their letter , and that it is not necessary that they represent the Town on this matter. On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was unanimously adopted : WHEREAS, a sewer easement was dedicated by John C . Wright to Sidney Mensh several years ago for the purpose of installing a sanitary sewer across the lands of Wright to serve Leesburg Estates , and WHEREAS, the Town has performed certain work on the sewer line and it is the desire of the Town at this time to assume owner- ship of such sewer line , NOW, THEREFORE, BE IT RESOLVED, that the Town Attorney be di- rected to draw a deed of easement, transferring the existing deed to the Town of Leesburg . _ Mr. Henry Burt , of Daniel A. Robinson and Associates , addressed Council at this time , to make an informal progress report on the Per- sonnel Study for which his firm had been engaged. reported that he has taken the approach that involves evaluatingYthe organization and the position; within the organization, and relating the two. He has secured his data by interviewing supervisors within the Town Government and using that as a basis for the work. This data. would include the relationship between the departments , the internal organi- zation of various departments and the positions within those groups . The preliminary classification of non-supervisory and non-administra- tive 4ersonnel has been completed. The jobs have not been fully evalu ted yet , he is still compiling pay data basis for the local area . He has data from jurisdictions like Arlington and Fairfax, which are somewhat different. He is at, the moment. engaged in com- pilin data from more local sources . The organizational investiga- tion as been completed,- therefore , he is asking for some guidance on th structural matters that relate to the organization, and which have omething to do with the way in which the new potential manager 's assis ant would be used. You have five (5) position statements on • the packages which relate to this and perhaps this should be dis- cussed in executive session . 1 214 MINUTES OF JANUARY 9, 1974 MEETING. On motion of Councilman Titus , seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT RESOLVED, that John W. Davison, Jr. be and he is hereby reappointed as a member of the Leesburg Planning Commission for a term of four years , • beginning immediately and expiring on December 31 , 1977 . to the Board of Zoning Appeals Mr. Forbes reported that Colonel Isaacs was reappointed/by the Judge , who cut him one year short, but he feels that this will be amended. On motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was unanimously adopted after some discus- sion and inclusion of certain changes : BE IT RESOLVED, that the Town Council of the Town of Leesburg hereby accepts the Water System Study 1973 , prepared by Johnson and Williams and received on November 6 , 1973, with the follow- ing corrections , as agreed upon by Johnson and Williams at a meeting held on January 7 , 1974 : (a) The 12" water line shown on enclosed exhibits should be corrected to show a proposed 16" water line on Fort Evans Road from the By-Pass to the proposed "Carr Tank Site, " and included in its proper phase. (b) Proposed Tank #1 at the intersection of Edwards Ferry Road and the By-Pass , and proposed Tank #2 at the pro- posed Filtration Plant to be eliminated, due to the "Carr Tank Site" taking its place . (c) The section of the Report dealing with "excessive water pressure problems at the hospital" on Page 9 to be de- leted, inasmuch as no excessive water pressure problem would exist at the hospital if the 12 m.g . standpipe ad- jacent to the hospital is filled to overflow, and BE IT FURTHER RESOLVED, that Plan lA of the Report be used as a guide for the Master Plan . Mayor Hill noted that some two to three hours was spent going over this Study with Mr . Williams the other night, and Councilman Titus said he found it very informative . Councilman Titus also said that a man in Manassas was killed several months ago in an elevated stand tank because the opening was not large enough for the Rescue Squad to get their apparatus in . Perhaps we should discuss the size of the opening for this tank with Mr. Williams with this in mind. He sug- gested that Mr. Ritter contact Mr. Williams and apprise him of this potential danger and perhaps he can make some changes . Mr. Ritter said that we expect to use one of the Fire Company 's ladders tomorrow to climb to the top of our 12 m.g . standtank to take a look at the water level . Councilman Pumphrey asked about our lia- bility insurance if a Fire Department member goes to the top of this tank. Mr. Ritter said he believed one of our men would climb the lad- der and perform the necessary work. On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was unanimously adopted : BE IT RESOLVED, that an appropriation be made in the amount of $10,500.00 to pay Johnson and Williams for Water System Study 1973, in accordance with their invoice No. 73-7 -77 , dated July 24, 1973 , to be appropriated from Utility Fund- Capital Outlays-Engineering . On motion of Councilman Wallace , seconded by Councilman Ridder, Council voted unanimously to go into executive session to discuss personnel and legal matters at 9:58 P.M. 215 MINUTES OF JANUARY 9, 1974 MEETING. The meeting reconvened at 12 :05 A.M. on January 10, 1974 . On motion of Councilman Wallace, seconded by Councilman Murray, the following resolution was unanimously adopted: WHEREAS, Sec .' 7 -2 of the Town Charter provides that "the munici- , pal manager shall appoint, with the advice and consent of the council, a municipal treasurer, who shall serve at the pleasure of the municipal manager, " and • i WHEREAS, the municipal manager desires approval of the council of the appointment of Mervyn C . Timberlake, Jr. to fill the po- sition of treasurer of the Town of Leesburg , effective Tuesday, April 16 , 1974, at a salary of $13 ,000 .00 per year until July 1, 1974, at which time the salary will be $14,000 .00 per year, NOW, THEREFORE, BE IT RESOLVED, that the Town Council confirms the action of the Town Manager. On motion of Councilman Wallace , seconded by Councilman Ridder, the following resolution was unanimously adopted: CN WHEREAS, the Town Council of the Town of Leesburg desires to "J create the position of Deputy Town Manager, and Q C WHEREAS, the Town Manager recommends the employment of E . Wes- ley Devero to fill this position, NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is author- ized to offer E. Wesley Devero the position of Deputy Town Mana- ger at a salary of $12 ,500 , plus reasonable moving expenses and reimbursement for the cost of the trip for his interview. There being no further business, the meeting adjourned at 12 :13 A.M. on January 10, 1974 . Mayor Clerk of the seuncil 1 GO M • - -:r EMI OF Vit$ „G 7, - NIS ..,�- it.t I. f Lf .,:,. GATE,COMMISSIONEP yp. JOHN E.HARWOOD, ^ '�1 O •, ti r. DEPUTY COMMISSIONER&CHIEF ENGIN ER OWE,RICHMOND,VA. u I •`-i_+ y�y'�/I� JR.,MCLEAN,VA. LIN,ROANOKE,VA: • '. ,. 3 I w t 1 W.S.G.ECTOR N. Sk-�FA �� `1 �- DIRECTOR OF ADMINISTRATION SS, BRISTOL, VAG.VA. - :yfy �'� LL,BRISTOL,VA. 1}4u-. . NNEY,FREDERICKSBURG.VA. A.K.HUNSBERGER,DIRECTOR OF ENGINEERING DES.STAUNTON,VA. M.GORDON SLUNDON, I ,VOR KTOWN,VA, DIRECTOR OF PROGRAMMING AND PLANNING DEPARTMENT OF HIGHWAYS 1221 EAST BROAD STREET J.M.WRAY,JR., IRECTOR OF OPERATIONS RICHMOND, VA. 23219 [ - 4e f J t51..47t51..47 �'' IN AE EASE pC.[. .0�7 e7 December 18, 1973 • Lee'sbuieaass ENT Mr. slimes W. Ritter, Jr. COSi . Town Manager Town of Leesburg a �` Leesburg, Virginia 22075 Data: .1-r - a 4( 3 Dear Mr, Ritter: This will acknowledge your letter of December 13 , 1973, attaching a resolution adopted by the Town Council of Lees- burg on December 12 , 1973 , concerning the southwest quadrant of the Leesburg Bypass ,now under construction. For more than ten years , the Highway Commission studied the location of the bypass , held numerous public hearings , , and consulted with the Town Council' as well as other planning and governmental units in the area, and finally decided that, all things considered , Line A was the proper location for the bypass . I believe the Town Council has all of the documents which the Highway Commission has published, including Summary of Planning Considerations and the report of the environmental consultants ; however, if not, I am enclosing copies of these two items . The statement attributed to me in the resolution is out of context . In testifying before the Senate Transportation _ Committee and in making comments elsewhere about the bypass , I attempted to be entirely objective . All lines investigated during the study had both merits and demerits and what was said is not complete without the entire text . The Commission has made a final decision and the contractor is at work on the project. I am sorry that consider- - ation cannot be given to a change at this late date . Sincerely, co 4,4,71417/reff 0) DBF/o Douglas B. Fugate , Commissio Q • Att( '\IDyc e cc . Members of State Highway Commission S vE62O l3® Ht lc.,m of i-- N A HIGHWAY IS AS SAFE AS THE USER MAKES IT +. ww- • Town Manager TOWN OF LEESBURGMayor James W.Ritter.Jr. _- G.Dewey Hill s Treasurer IN VIRGINIA Councilmen W.Emory Plaster.Jr. Waiter F.Murray Dr.Robert A.Orr John W.Pumphrey Deputy Treasurer INCORPORATED 1758 Herbert L. tler Virginia R.Embrey INCORPORATED Terry Titus John A.Wallace.Jr. Town Attorney George M.Martin LEESBURG, VIRGINIA 22075 Clerk of Council Dorothy B.Rosen pRobert C.Forbes Zoning January 2, 1973 • Re: Request for correction of assessment . • Mr. Fredric L. Spain, President Holley Realty, Inc, Leesburg Plaza Shopping Center Leesburg; Virginia Dear Mr. Spain: In response to your letter of November 21st, 1973, I have consulted with the Town Attorney and the Commissioner of Revenue. • The conclusion of all concerned was to the effect that the factor of lack of public utility; se'rviCes • would not be taken into consideration in determining' he. • standards imposed by law in assessing real estate,ffor1tax- atione It is, therefore, our, opinion. that. the -popertyi;in qued.on is not assessed at more than its fair market! value . F -0) t{.yF S 11,.1; 1•.:' and the assessment is uniform in its a litation } �., �Ic:: PP i 1'!{;' .I k , let • Very truly, yours,, f i :4 ! i1 ?M. ..i• t ttif.-?M 1 f!v� John A. Wallace;}g.Jrnl Chairman1. l '} . Finance Commit tetei ,! ,,l! k{l� it � � 1 1 , a j 11 '?' ' ' tt ; : i • s 1 j : tp JAW,Jr:hc .�: l�Elt + ' I ,I } f . n + it t:. r it . � '.2t ' 1! i • L • t• • • I S ' .