HomeMy Public PortalAbout1974_02_27 MINUTES OF- REGULAR MEETING 0F' LEESBURG TOWN COUNCIL, FEBRUARY 27 , 1974 .
A regular meeting of the Leesburg Town Council was held in the -
Council Chambers , 10 West Loudoun Street , Leesburg , Virginia on Feb-
ruary 27 , 1974, at 7 :30 P.M. The meeting was called to order by the
Mayor--Pro-tem, Robert A. Orr, in the absence of the Mayor , with
Councilman Murray offering the prayer. Those present were Mayor
Pro-Tem Robert A. Orr, Councilmen Walter F. Murray, C. Terry Titus
and John A. Wallace , Jr. ; also Town Manager James W. Ritter, Jr. ,
Deputy Town Manager E. Wesley Devero and Town Attorney George M.
Martin. Absent from .the meeting were Mayor G. Dewey Hill and Coun-
cilmen John W. Pumphrey and Herbert L. Ridder.
The Minutes of the regular meeting of February 13 , 1974 were ap-
proved as written , with Councilman Titus asking that the words "upon
receipt of a certified check to cover same" be underlined on the 5th
page, 5th line .
Mr. Lester Sorensen, Jr. , of Sorensen Construction Corporation,
addressed Council concerning the extension of a Performance Bond on
Exeter Hills , Sec . 3 . . He explained that the Street Committee ap-
proved this Bond on January 15 , 1973 , with Council approval follow-
ing on January 24 , 1973. After the moratorium in February of 1973 ,
M he appeared at a Council meeting and asked if this Performance Bond
QD could be extended if and when sewer taps were available . He was told
CI that this would be no problem. He presented a letter from Travelers
C: Insurance Company, stating that this Bond is good until January 4,
1975, which letter was read by Mayor Pro-Tem Orr. He explained that
his purpose in this request tonight is due to the fact that they are
on the Planning Commission Agenda for final plat approval on March
7th and they hope to begin construction around April 1st . It was
explained that he is asking for extension of the Town 's Form PC-1,
which was for one year, until January 4, 1975 - the Bond from Travel-
ers Insurance Company has been paid for and is good for two years .
After some little discussion , on motion of Councilman Titus , seconded
by Councilman Murray , Council voted unanimously that the Bonding
I Agreement for Exeter Hills, Section 3 , be extended to January 4,
1975 .
Mr. Jesse Unger, President of the Catoctin Valley Citizens As-
sociation and a licensed civil engineer, addressed Council at this
time. He said this Association is very much concerned about the
proposal in Phase II of NVPDC 's draft on the water treatment study
for the Town of Leesburg and the Goose Creek Watershed. This study
very definitly considers equally feasible, from a cost basis, a land
treatment method whereby Leesburg would buy thousands of acres of
land in Catoctin Valley , which would be used for pumping wastewater
and for spreading sludge from Leesburg . The other feasible concept
is to construct, on the site of the present Plant, an advanced waste
treatment facility . Most of the people in this area are farmers ,
people owning small acreage . They are quite concerned because choices
are tentatively being made by the consultant. It seems that this land
treatment method is being recommended and they are still considering
this for the Herndon-Reston area . Fairfax County booted it out for
the Dranesville area and Montgomery County very decisively said they
wanted no part of it (the same consultant , CH2M Hill also made their
study) . This method has 'been described as a giant step backwards
but , for some reason, Mr. Librach of NVPDC insists that it come up
again and again, yet he can give no reason for this . Mr. Unger said
his Association feels that now is the time to make choices . He called
attention to the fact that Mayor Hill was interviewed on the radio
I
last Friday and stated that he definitely opposed this method. He
also pointed out that this particular area contains some 25 homes ,
with an average value of $70,000, with the people being well educated
and of considerable means for the most part. Also, this is a pro-
ductive area in a time when we need production, particularly in dairy ,
cattle and grain. This proposal is very expensive from the point of
energy too - the level is very high to pump water to and he estimated
it would take 73 ,500 horsepower going night and day to pump this water
and sludge to this location. He distributed to Council members a pro-
posed resolution which deals with two items : (1) The Town would be
disrupting Loudoun County by buying this property and (2) both Fair-
fax and Montgomery Counties have rejected this method, with the soil,
topography and climate being the same as that in Montgomery County.
They expect to go before the Board of Supervisors on Tuesday with a
resolution that goes into much more technicality .
2.A 2
MINUTES OF FEBRUARY 27 , 1974 MEETING.
Dr. Orr agreed with Mr. Unger 's beliefs , however, for the good
of the Council , since there were three members absent at this time ,
he referred this matter to the Utility Committee . Councilman Murray
said he did not believe there had ever been anyone on this Council
that had advocated this method. In fact, the Town built its own Plant,
over very strong objections ,' with the intention of increasing it in
size to take care of its own. Dr. Orr invited Mr. Unger to come back
to Council meeting in two weeks .
Town Manager Ritter reported as follows : •
(1) Work is progressing very slowly on the chemical addition
equipment and materials . We have run into much difficulty in secur-
ing the necessary pipe fittings , which are not run-of-the-mill stock.
We have been checking every possible source and working very closely
with Johnson and Williams trying to locate a source of supply .
(2) Work on the three utility projects on the By-Pass is pro-
gressing according to schedule . The relocation of the Dry Mill Sewer
is complete ; the water line at the ' Myers Well is completed across
the By-Pass , with the building housing the Well about 85 per cent
complete ; and the pump should be on line and working in about two
weeks . The contractor is now excavating for the Children 's Center
Sewer line .
(3) We have secured a price from Southern Line Cleaning on cor-
recting the infiltration in the 33-inch line from the old Sewer Plant
to the new Plant , where we know we have a considerable number of leaks .
This will be on the Street Committee Agenda Monday for consideration.
We should proceed with this work as quickly as possible - the quoted
price of $3 .50 per foot is very reasonable and is probably an off-
season price .
(4) Perry Engineering has completed relaying all of the sewer
lines which were out of alignment or grade . This will complete 33 ,000
feet, or 6 .2 miles , of sewer line corrected.
(5) We have been very successful in pumping out the digestors
at the old Sewer Plant . The primary digestor is empty and the secon-
dary one is nearly empty . We have had to go very slowly near the end
because this type of material is very septic and does some harm to
our present Plant , so we have had to watch it very closely .
(6) He talked with Johnson and Williams today to get an up-date
on the Potomac Water Project. The State Health Department has com-
pleted their review of the plans on the Water Plant and has notified
Johnson and Williams of some minor revisions to be made - they will
follow this up with a letter. The structural engineer is designing
the foundation for the elevated tank and this should be completed by
Friday. These plans also have to be sent to the Health Department
for review. The application has been sent to the Corps of Engineers
last week for the structure in the River for the Intake Tower. No
date has been set yet for advertising of bids . John Pentecost, with
HUD and who is responsible for the Grant of $957 ,000 to assist us in
building this Plant , called his attention to certain thingsthat have
to be done pertaining to the equal opportunity regulations , wage
rates , scheduling procedure for construction and financing . - John-
son and Williams will set up a meeting with HUD to go over these
things " to be sure we are right .
(7) The Highway Department expects to start appraising right-
of-way for the Route 7 Urban Project within two weeks and hopes to
start negotiations within another two weeks . They will need 5 feet
on °the Potter 's Field property, so we will have to make a decision
as to charge on this . This project is scheduled for advertisement
in June of this year.
(8) An appraisal is being made by Wendell Kline on the sanitary
sewer easement we need across Dry Mill Subdivision, . Section 3-A.
(9) He has talked to the Governor 's Office and the State Fuel
Allocation Office in the last few days and they have assured him
they are making every effort to route more gasoline to this area.
24
MINUTES OF FEBRUARY 27 , 1974 MEETING.
Councilman Titus wondered if there is anything Council can do
to help on the gas situation, particularly with traffic . Lt. Lloyd
said the Police Department has been working each morning as much as
possible and in the aienings as well. He said most of the stations
have a schedule now and they are having the cars line up one way
only. Parking has been taken off of Market Street in order to get
cars into Jock 's Exxon Station and, other than a few isolated cases,
it seems to be going very well, even though the lines are long .
Town Attorney Martin suggested that there should be some way that
people know when which stations are going to be open. Lt. Lloyd
said there are only about five stations pumping most of the gas and
the situation seems to be pretty well under control. He also said
the Police seem to have enough gas at this time.
Bids were opened at this time on the investment of $60,000
revenue sharing funds , as previously advertised, and were as fol-
lows :
First and Merchants National Bank - 5%
Peoples National Bank - 5%
First Virginia Bank - 5%
Cr; In accordance with Town policy , straws were drawn, with the bid be-
ing awarded to Peoples National Bank.
On motion of Councilman Wallace, seconded by Councilman Titus ,
the following resolution was unanimously adopted:
BE IT RESOLVED that Peoples National Bank be awarded the
investment of $60,000 .00 revenue sharing funds to mature
April 11, 1974 , at an interest rate of 5%, as shown in its
bid of February 27 , 1974, representing part of cash on hand
in Revenue Sharing Funds .
On motion of Councilman Wallace , seconded by Councilman Murray,
the following resolution was unanimously adopted:
BE IT RESOLVED, that the following appropriations be made :
$ 375 .00 - (Supplemental) - Fire Department - Town 's Operat-
ing Payment, based on 6 ,500 population.
1,000.00 - (Supplemental) - Snow Removal .
3 ,896 .72 - New Police Car .- Leesburg Ford - General Fund-
Capital Outlay.
2 ,000.00 - (Supplemental) - Sewer Plant Maintenance.
On motion of Councilman Wallace, seconded by Councilman Murray,
the following resolution was unanimously adopted :
BE IT RESOLVED, that $3 ,405 .00 be transferred from Utility
Fund-Capital Outlay to reimburse the 1971 Bond Issue, for
money paid D.N.D. on the following :
Invoice # : Amount : Project :
11334 $ 925 .00 Children 's Center Sewer
11335 2.480.00 Myers Well
$3 ,405 .00
Town Attorney Martin said he noted in the paper that the Common-
wealth 's Attorney proposes to go back to Judge Snead on a decision
rendered in his Court , where the Court held that a preliminary sub-
division plat on which there hawbeen engineering and surveying costs
expended creates a vested right in the. land.:as - proposed to be sub-
divided, so that no changes in the Subdivision Ordinance before final
plat approval can be used to change the subdivision plat. This is a
very serious decision insofar as the Town is concerned, and there is
a possibility of intervening in a case of this kind as a "friend of
the Court . " As he understands it , it is really a favor for a sub-
244
MINUTES OF FEBRUARY 27 , -1974 MEETING.
divider to have a preliminary subdivision plat presented. This might
well, apply where a site--plan has been presented where engineering
and surveying costs have been incurred, and you could not change the
Zoning Ordinance . He thought Council might want to refer this to
the appropriate committee for report and recommendation as to whether
Council should intervene in this case . Councilman Titus said he and
Mr. Martin had discussed this and he understands that Mr. Devinie 's
opinion is that if somebody files a plat , that 's it. He felt the
Town should certainly consider filing as afriend of the Court. "
Mr. Martin said Mr. Devine had to file today to get the Court to
reconsider, but he believed the Town could come in 6 to 10 days from
now - we would have to petition the Court for this . Mr. Devine in-
dicated hewould like the help of the Town, and he would probably
like the help of all jurisdictions that have a Subdivision Ordinance .
After some further discussion, Mayor Pro-Tem Orr referred this matter
to the Laws and Administration Committee .
Councilman Ridder joined the meeting during the above discus-
sion at 8 :15 P.M.
Councilman Titus asked if Mr . Ritter has heard from the subdi-
viders notified concerning the release of sewer capacity. Mr. Ritter
said he has heard from four of them, who are all committed to take
their capacity - he has not heard from Rock Springs .
Councilman Titus also asked that the Street Committee discuss
demolition of the old Sewage Treatment Plant. Mr. Ritter said we
are getting a price on this from Perry Engineering Company .
Councilman Titus said that a letter has been received from At-
torney Leigh concerning the Dry Mill Subdivision, Section 3-A, mat-
ter that was discussed at last Council meeting , and they are demand-
ing an answer two weeks from February 20th. Their letter essentially
says what they want and they refer to the fact that the matter has
been "hashed over" in the past two meetings , however, this is not
in writing . Councilman Wallace asked when the appraisal would be
finished. Mr. Ritter did not know, Wendell Kline picked it up last
Tuesday morning . It seemed to be the general consensus that the let-
ter be answered, stating that the Town is having an appraisal made
of the sewer easement and that an offer will be made . On motion of
Councilman Wallace , seconded by Councilman Titus , Council voted unani-
mously to go into executive session to discuss legal matters at 8 :20
P.M.
Council reconvened at 9:03 P.M.
On motion of Councilman Titus , seconded by Councilman Ridder,
Council voted unanimously that the Utility Committee draft a reso-
lution in reply to Mr . Lewis Leigh 's letter of February 20, 1974 re-
garding Dry Mill Subdivision, Section 3-A, for Council action.
On motion of Councilman Murray , seconded by Councilman Ridder,
the meeting was adjourned at 9:05 P.M.
'e 110
Mayor Pro-Tem
Clerk o ' the Council