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HomeMy Public PortalAbout1974_03_27 2 5.T` MINUTES OF- REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 27 , 1974. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia on March 27 , 1974 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman Orr offering the prayer, followed by the Salute to the Flag . 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 Town Manager James W. Ritter, Jr. , Deputy Town Manager E. Wesley Devero and Town Attorney George M. Martin. The Minutes of the regular meeting of March 13 , 1974 and a special meeting of March 25 , 1974 were approved as written. Mr. William H. Flowers - appeared before Council, reading letters from Mr. Ritter, the Health Department and one to Mr. Ritter, all concerning the request of First Virginia Bank for approval of an ad- dition to its Branch Bank at 212 E. Market Street . He pointed out that this is approved by the Health Department , with the provision that the bath will be roughed in and capped off until such time as approval is given for connection of said facilities . Mr. Forbes stated that Council would have to give its approval before the Zon- ing Certificate can be issued ; also that the fee is paid and the permit application completed several months ago . Mr. Chaves said the site plan has been approved. There being no objection to con- sidering this matter tonight , on motion of Councilman Murray , sec- onded by Councilman Orr, Council voted 6 to 1, with Councilman Wallace disqualifying , as follows : The Town Council authorizes the issuance of a Zoning Cer- tificate for the addition to the Branch Bank of First •Vir- ginia Bank at 212 East Market Street . Town Manager Ritter reported as follows : (1) The chemical addition equipment at the Sewage Treatment • Plant is ready to go - the ferric chloride came in yesterday and they are waiting for a representative from Hercules to -come -in and give ex- pert advice on certain points . As soon as they come , they will be putting the chemicals in the Plant . (2) We have received the first payment from the Highway De- partment on the three utility projects , in the amount of $13 ,030 . (3) We have received approval from the State of Maryland on the two permits to take water from the Potomac River, this extension good until April 1, 1975 . (4) The deadline on our offer on the sanitary sewer easement in Dry Mill Estates , Sec . 3A was yesterday and we have received no word. (5) Browning Ferris Industries will be coming here on the first and third Wednesdays of the month to pick up newspapers , which must be either tied up or placed in paper bags . We have advertised this on the radio and in the newspapers . This will mean less bulk at the , Landfill and will help Herbert Randolph as well, depending on citizen participation in this program. (6) He has discussed with Clark Cox of the Health Department the . existing situation at •the Drug Fair basement. He will talk with the Chief Plumbing Inspector for the County to see if there is a violation of the Plumbing Code or if there is a health violation. (7) He explained several items on the Agenda in detail . (8) A letter received from COG today in connection with Step 1 of our Federal Grant Application asks for a higher degree of treat- ment than that specified and also to investigate alternatives , which is being done by CH2M Hill. He said it is interesting to note that COG presented our application to 34 people, representing 51 different government agencies , this representing an example of the bureaucracy we are now facing as a result of our going to the Water Control Board in 1972 requesting permission to expand our Sewage Treatment Plant. The whole situation has gotten out of hand. Also attached to this letter were copies of publications by EPA , citing articles by which we have to go , as well as comments by several local government agen- cies , expressing doubts about the degree of treatment we have set up. 258 MINUTES OF MARCH 27 , 1974 MEETING. (9) Sydnor Hydrodynamics failed to include in its quotation for a turbine pump for the Myers Well a starter. This is necessary to place the equipment in operation so the pump will work. We will need the water from this Well very badly this spring . Councilman Wallace questioned as, to whether the fidelity bond for Mr. Devero has been completed and submitted and suggested that this be done as soon as possible . Mr. Wallace also questioned the status of the tennis courts to be constructed on the old Sewage Treatment Plant property . Mr. Rit- ter explained that there is a power pole to be moved by VEPCO , which is in the way of the parking area , and they will have to contact VEPCO about this . Also, they have pumped out as much of the sludge as can be pumped. It is now up to English Construction Company (who has agreed to do this work) to go in with a "medicine ball" and start knocking down the concrete structures . He instructed Mr. Chaves to contact English and tell them we are ready for this work to be done . Mayor Hill commented that it seems VEPCO must be "shaken up" in order. to get them to do anything, calling attention to the fact that they are holding up completion of our pumping facilities at Myers Well because they have not connected the wires out there . Councilman Titus commented on a radio report which stated that the Fairfax County Board of Supervisors had been requested to act on our request from NVPDC. He believed this is in error and asked thhIown Manager to investigate the possibility of securing Agendas from/ ur- rounding area so that we might appear at such meetings if and when something might be discussed concerning our involvement with NVPDC and COG . He also understood, from this radio report, that Fairfax County was referring this. matter to Loudoun County . Councilman Mur- ray had also heard this report and felt that we should investigate to find out who in Leesburg requested Fairfax County 's concurrence . Councilman Orr again asked when something is to be done to repair Dry Mill Road where the new sewer line was put in by Perry Engineer- ing Company. Mr. Ritter said he would keep after them to keep this in repair until such time as they can get asphalt to permanently patcb it. Mayor Hill asked the Clerk to read a Memorandum dictated by him this date to all members of Council concerning a meeting attended by him yesterday at NVPDC with regard to recommendations by that body in connection with Phase II of Study Area I . At this meeting, NVPDC rec- ommended that the above-mentioned study be accepted, with the hope that a resolution recommending same would be adopted at a meeting on March 28 . However, at this same meeting, word was received by NVPDC that the Water Control Board would not accept this recommendation, but would ask that the consultants conduct a further study on a region- al large plant in the Dulles Airport area which would handle approxi- mately 40 mgd of sewage and that any treatment , whether interim or permanent , would have to meet the Occoquan water quality standards , this being the highest degree of treatment that technically can be achieved. This latter news was most disturbing to Mayor Hill and others in attendance at this meeting and he stated that it appeared that fif- teen months of futility and frustration had been spent , as well as ap- proximately $68,000, for nothing . It would appear that this study does not "jive" with a person or persons that control a lot of power. Mayor Hill, at this time , recognized Mr. Horace Hallett of the Loudoun County Sanitation Authority, asking that he comment on the situation. Mr. Hallett further elaborated on comments made by Mayor Hill , Inis main points , from his viewpoint , being as follows : (1) The Water Control Board has told NVPDC that the report will not be accepted and sent on to EPA for any Grant money until a study is made for one plant in Northern Virginia - this being a demand by the Water Control Board. 259:- MINUTES OF MARCH 27 , 1974 MEETING. (2) The Water Control Board has said the Occoquan Standards will be applied to Study Area I . However, it was pointed out that these Standards have not been adopted, nor even presented, to the Water Control Board. Certainly this must be done before they can be enforced. They are acknowledged to be the most rigid standards in the United States and the Water Control Board wants to apply these Standards from Clark 's Gap to Pimmit Run. Mr . Schwarberg has said that the Dickerson Plant in Maryland will be built in accordance with these Standards , but the engineers have said absolutely it will not be . The engineer from Johnson and Williams said it would be im- possible to construct and maintain a plant of the size being pro- posed for Leesburg and Herndon with this type of Standards - it would be economic suicide. (3) According to Mr. Schwarberp , he directed CH2M Hill to start a one-plant study in Northern Virginia and they have already started this study. The contract is with NVPDC, not with the Water Control Board, therefore , this is a breach of professional ethics . Both he and Mr. Bowman of Fairfax County have requested an answer from CH2M Hill as to why they undertook this study without a directive from Q NVPDC. Mr. Schwarberg has said that, if the Planning Commission does not do this study, then the Water Control Board will . In a CC meeting with Mr. Jensen of the WCB, the jurisdictions were told that • a regional study must be done by the regional Planning Commission. In fact, the WCB asked NVPDC to do the study originally . The recom- mendations of Fairfax County , Herndon, Leesburg and Loudoun County have been tossed out the window. The directive from NVPDC on Janu- ary 31st did not direct CH2M Hill to study a one treatment plant because it was contrary to the wishes of the political subdivisions . (4) Mrs . Cole , wife of the Chairman of the WCB, has taken it upon herself to approach the FAA and they have agreed that a 40 mgd plant would be good insofar as they are concerned . It looks like we are stuck unless Mr . Cole , or the WCB representative, is dealt a counter-blow. If we can ' t get the study done , the report sub- mitted to the WCB for approval and sent to EPA by May 15th, then nobody can get any Grant money. Every political subdivision is faced with the bureaucracy that has issued an ultimatum that none of them can live with, and there is no question that we will come to a standstill unless we can get around this. - There was lengthy discussion of many aspects of this matter and it was suggested by Councilman Murray that an audience -be requested by our local delegates with the Governor to see if this whole situa- tion can be ironed out . The Mayor invited anyone who could to attend this meeting to- morrow night. Mayor Hill also called attention to a letter received from the Highway Department concerning a Public Hearing on the Rt . 15 Urban Project , to be held on May 9th at 7 :30 P.M. in the Council Chambers . On motion of Councilman Wallace , seconded by Councilman Pumphrey , the following resolution was proposed : BE IT RESOLVED, that the following appropriations be made: $36 ,054.82 - Perry Engineering Co . - Work performed on Sanitary Sewer Contract - Utility Fund-Capital Outlay. 200.00 - H. Wendell Kline - Appraisal of sewer easement, Dry Mill Sub . , Sec . 3A - Utility Fund-Capital Outlay. 1,611. 25 - Johnson and Williams - Services performed during October, November and December on Water Treatment Plant - 1972 Bond Issue . 3 , 277 .64 - General Electric Co. - Communication equipment for Police - General Fund-Capital Outlay. (To be paid out of $4,204.00 Federal Grant received 2/12/73 .) 500 .00 - Supplemental appropriation for Snow Removal. 26 0 MINUTES OF MARCH 27 , 1974 MEETING . Mayor -Hill asked if Perry Engineering would be required to furnish a one-year Maintenance Bond. It was decided that they should be , as well as any other contractors doing work for the Town . Also dis- cussed was the problem existing in Dry Mill Subdivision , where S . 0. Jennings Construction Co . installed some of the house laterals in the wrong direction . It is understood that the Town will correct this problem and bill the contractor and this will not disturb the Maintenance Bond. Councilman Pumphrey also questioned the supple- mental appropriation for snow removal . Mr. Ritter said this was to finish paying for salt that is on hand . The above resolution was then unanimously adopted. Bids were opened at this time on the investment of funds , as fol- lows : First Virginia Bank $117,000 for 150 days - 8 .777. 100 ,000 for 60 days - 9. 17%. Peoples National Bank • $110 ,000 for 150 days - 8 .66%. 100,000 for 60 days - 8 .76%. First & Merchants National Bank made no bid, explaining that it is their policy not to place a bid on government funds more than three (3) days ahead of time in order to utilize the current mar- ket . On motion of Councilman Orr, seconded by Councilman Murray, the following resolution was unanimously adopted : BE IT RESOLVED, that the following bank, or banks , be awarded the investment of Town funds , as shown in their bids of March 27 , 1974 : (a) First Virginia Bank - $110,000.00 ($35 ,000 Airport Fund, $50 ,000 General Fund and $25 ,000 from Utility Fund) , due April 5 , 1974 , now invested with Peoples National Bank , to be reinvested for 150 days at an interest rate of 8 .77 per cent . (b) First Virginia Bank - $ 100,000 .00 . (Utility Fund and Sewer Availability) , due April 6 , 1974, now invested with Peo- ples National Bank, to be reinvested for 60 days, at an interest rate of 9. 17 per cent. On motion of Councilman Wallace , seconded by Councilman Orr, the following resolution was unanimously adopted: BE IT RESOLVED, that $25,000 of the $125 ,000 Utility Fund- Sewer Availability, due April 6 , 1974 , and $25 ,000 of the $125 ,000 Utility Fund, due April 5 , 1974, now in C.D. 's with Peoples National Bank, be deposited in checking account- Utility Fund. On motion of Councilman Murray , seconded by Councilman Titus , the following resolution was proposed : BE IT RESOLVED, that Mrs . McVey be offered a price of $4.00 per square foot for approximately 2 ,380 sq. ft . of land, between the Town Office and old Leesburg Hardware. After some discussion , on motion of Councilman Wallace, seconded by Councilman Pumphrey, as well as being accepted by the .makers of the resolution, the following corrected resolution was unanimously adopted: BE IT RESOLVED, that Mrs . McVey be asked if she will consider a land purchase contract suitable to both parties , at a price of $4 .00 per square foot , for approximately 2 ,380 sq. ft. of land between the Town Office and old Leesburg Hardware . 6it MINUTES OF MARCH 27 , 1974 MEETING. On motion of Councilman Ridder, seconded by Councilman Titus , the following resolution was offered for discussion: BE IT RESOLVED, that authority be given to purchase a separate phone , with recording system, in connection with providing information for citizens on gasoline situation. The following is the cost of phone system : Monthly - $36 .40 - separate line with answering set. 40.00 - Connection charge Mayor Hill reported on a meeting held with the service station opera- tors approximately two . ,weeks ago , which proved to be a very congenial meeting, with several constructive suggestions from the owners . One of these was a "wild card' day on Saturdays ; another the suggestion of the above-mentioned phone system and a third to print maps to be placed in the service stations , where citizens could see which sta- tions would be open at different hours . The phone system was dis- cussed at length, however, due to the fact that the pressure of the gasoline situation seems somewhat relieved at this time, the proposed C) resolution was unanimously defeated. However, it was decided to Q) print maps and place them in the service stations . CO Councilman Orr left the meeting at this time. C] On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was unanimously adopted: WHEREAS, a request from the Loudoun Little League was made for waiver of license to hold Carnival during week of May 6 through May 11 , NOW, THEREFORE, BE IT RESOLVED, that a waiver of license be granted to Loudoun Little League , to hold Carnival during week of May 6 through May 11 , 1974. On motion of Councilman Pumphrey , seconded by Councilman Ridder, the following resolution was unanimously adopted: BE IT RESOLVED, that DND be authorized to prepare an easement for Storm Sewer on Douglass School property in connection with Route 7 Urban Project . There was some discussion concerning piping a portion of this, as well as a possibility of erecting a fence , however, it was thought that perhaps this might be negotiated at a later date . On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was unanimously adopted: BE IT RESOLVED, that the Town Manager be authorized to secure an .appraisal of storm sewer easement needed across the Pizza Hut property (old Cities Service property) at 178 East Mar- ket Street, in connection with the Fisher-Bishop storm sewer. Discussion included the fact that DeLashmutt Associates is working on the site plan for the Pizza Hut developers and should be aware of the need for this storm sewer easement. Also, Mr. Ritter advised that, when DND drew the plat of this easement , the pipe stopped 20 feet into Arl Curry 's property and only 60 feet off of Route 7 , so it is possible that they may have to redesign the easement all the way across the property. Mr. Ritter was asked to invite Mr. Chamberlin and other interested parties to the Street Committee meeting to dis- cuss, this matter. On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was proposed : BE IT RESOLVED, that the Town Council hereby adopts the "Policy Statement" set forth in Loudoun County Health De- partment 's letter of February 11 , 1974 . In view of the fact that there is a possible change to be made in the "Policy Statement ," on motion of Councilman Titus , seconded by Coun- cilman Ridder, Council voted unanimously to table this matter and in- vite Mr. Cox to be present at the Utility Committee meeting on Monday . 262 MINUTES OF MARCH 27 , 1974 MEETING. - On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was unanimously adopted : RESOLVED, that Air Photographics , Inc . of Purcellville , Virginia be and it is hereby extended the grateful appre- ciation of the Council on behalf of the people of the Town of Leesburg for its gift of an aerial photograph used in a display of the Town at the Dulles Marriott Hotel during the month of February , 1974 , and BE IT FURTHER RESOLVED, that the Clerk of the Council be and she is hereby directed to send a copy of the above resolution to Air Photographics , Inc . Mayor Hill said that, in appreciation for the Town 's display, he and his wife were invited to dinner by the Manager of the Dulles Marriott last night . On motion of Councilman Murray , seconded by Councilman Titus, the following resolution was unanimously adopted: RESOLVED, that Mr. John Gibbs of Leesburg , Virginia be and he is hereby extended the grateful appreciation of the Coun- cil on behalf of the people of the Town of Leesburg for his assistance in preparing a display of the Town at the Dulles Marriott Hotel during the month of February , 1974 , and BE IT FURTHER RESOLVED, that the Clerk of the Council be and she is hereby directed to send a copy of the above resolution to Mr . John Gibbs . • Councilman Titus felt , as did the rest of the Council, that Mr . Forbes and Mr. Hyatt should also be thanked for their participation in this display . On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted after explanation by Councilman Wallace : WHEREAS , a request was received from Beowulf Aviation Indus- tries , Inc . for the leasing from the Town at Godfrey Field, land for a fixed base operation ; and WHEREAS , the Town is in the process of developing a Master Plan for Godfrey Field , which is not as of this date complete ; and WHEREAS , any new facilities located at Godfrey Field may not be compatible with such Master Plan ; NOW, THEREFORE, BE IT RESOLVED, that the Town Manager be au- thorized to reply to Beowulf Aviation Industries , Inc . that, until such time as the Master Plan is finally adopted by the Town Council and approved by all necessary governmental bodies , no new fixed base operations or other facilities , other than such facilities as may be constructed pursuant to existent leases of Airport land, will be authorized at Godfrey Field. On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was proposed: WHEREAS , the Town of Leesburg accepted a proposal from Sydnor Hydrodynamics on August 23, 1973 for the furnish- ing of a turbine pump for Myers Well at a price of $6 ,880, and WHEREAS , it has now been discovered that this quotation did not include a starter that is needed to complete the pump installation and to place the pump in operation, NOW, THEREFORE, BE IT RESOLVED, that the Town Manager be authorized to direct Sydnor to install a starter at a price between $600 and $2 ,500 . 2 6'3: - MINUTES OF MARCH 27 , 1974 MEETING . Mr. Ritter explained that the difference in price is dependent on the voltage in this particular area and it is hoped to secure infor- mation on this by tomorrow. It was felt that part of the burden is on Sydnor Hydrodynamics since they did not include this starter in their quotation to put the pump in 'operation. After consider- able discussion concerning this matter, on motion of Councilman Rid- der, seconded by Councilman Wallace, Council voted unanimously that this matter be tabled until the Street Committee has a chance to study it further and find out just what the figure is and see if we can negotiate with Sydnor. It was also felt that , in order to save time in ordering the starter, the action of the Mayor and the Street Committee could authorize proceeding with this . However, Mayor - Hill said he could call a special meeting if necessary to do so in order to expedite this matter. Councilman Titus was concerned that Mr. Burt is basing his water and sewer rate study on the basis of Johnson and Williamsand CH2M Hill 's costs , which costs will be insufficient to meet the needs . However, it was the general consensus -that he go ahead on this basis and, when the need arises , then the rates can be raised. O Cr) On motion of Councilman Wallace , seconded by Councilman Ridder, Council voted unanimously to go into executive session to discuss legal matters and land acquisition. This was at 9 :43 P.M. The meeting reconvened at 11 :08 P.M. . There was no action taken and, by unanimous consent , the meeting was adjourned. i / / / t / //e, .Mayor/ Clerk of he Council