HomeMy Public PortalAbout1974_10_23/ 86
MINUTES OF--REGULAR-MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 23, --1974.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on
October 23, 1974 at 7 :30 P.M. The meeting was called to order by
the Mayor, with Town Manager Ritter offering the prayer, and fol-
lowed by the Salute to the Flag. Present were : Mayor G. Dewey
Hill, Councilmen Charles E . Range, Mary Anne Newman, Robert A. Orr,
James A. Rock and C. Terry Titus ; also Town Manager James W. Ritter,
Jr. , Deputy Town Manager E. Wesley Devero and Town Attorney George M.
Martin. Absent from the meeting was Councilman Herbert L. Ridder,
who joined the meeting at approximately 10:15 P.M.
The Minutes of a special meeting of October 1, the regular meet-
ing
of October 9 and a special meeting of October 16 , 1974 were ap-
proved as written.
Mr. Hugh Cregger, one of the owners of Cedar Walk Subdivision,
addressed Council concerning the position of this subdivision on the
Priority List for sewer capacity. Mr . Cregger stated that he was not
aware of the fact that there was a deadline to submit the "Acknowledg-
ment" form required under the criteria for being placed on the Priority
List and prgsented facts to substantiate his position. He did not
feel that tOgnalty fits the crime" and asked that Council put this
subdivision on the Priority List in its proper position, No. 2. Coun-
cilman Titus asked if he had received the criteria for the Priority
LipH rMr . Cregger said he had, however, he did not realize that this
and7c8drrespondence received applied to subdivisions where preliminary
plans had already been submitted. On motion of Councilman Range, sec-
onded by Councilman Rock, Council voted 5 to 1, as shown below, to
refer this matter back to the Public Works Committee:
Aye : Councilmen Range, Newman, Orr, Rock and Mayor Hill.
Nay : Councilman Titus .
Councilman Titus felt that a decision should be made at this time.
On motion of Councilman Titus, seconded by Councilman Rock, the
following resolution was proposed:
RESOLVED, that the Town Manager is hereby directed to have
an appraisal made of the Donald P. Fisher storm sewer ease-
ment, as shown on the plans prepared by Dewberry, Nealon and
Davis for the Town.
Mrs . Donald Fisher recited to Council the sequence of events over the
many years they have been trying to have this problem remedied by the
Town. She explained that, over the last two yearg the water table
has changed and the water is now as much on Mrs . Spates next door to
them. She requested that the alignment for this project be changed
to allow the easement to go along the property line between the two
properties and then across the rear of their property. Mr. Fisher
said they would be willing to give this easement at no cost to the
Town ifrsuch a change is made. Mrs . Spates told of the damage that
has been done to her property. All felt that the water table has
increased due to the commercial property in the rear having been
filled in. This possible change was discussed by Council, with Town
Manager Ritter explaining the additional cost involved. It was felt
that this project should go forward as quickly as possible. On motion
of Councilman Rock, seconded by Councilman Titus , Council voted unani-
mously to table this matter at this time . After further discussion,
on motion of Councilman Titus, seconded by Councilman Rock, Council
voted unanimously, as shown,
That the Town Manager be directed to immediately contact the
Donald P. Fishers and Mrs . Spates about the alignment of a
storm sewer and its attendant easement through their properties
and report to the Public Works Committee at its next meeting.
Aye : Councilmen Range, Newman, Orr, Rock, Titus and Mayor
Hill.
Nay : None .
8 .
MINUTES OF OCTOBER-23 , 1974 MEETING. -
- Miss Patsy Tavenner, a resident of 30 West Loudoun Street, ad-
dressed Council at -length concerning the parking problem for resi-
dents in this area due to the fact that cars belonging to Epps Motor
Company occupy so many of the parking spaces along South Liberty
Street. After discussion, it was decided that the Town Manager would
ask Mr. Epps to attend the next Public Works Committee meeting to
discuss this matter.
The following letter was read by the Clerk :
Mrs . Dorothy B. Rosen
Clerk of the Council
Town of Leesburg
Leesburg, Virginia
Dear Mrs . Rosen:
WHEREAS, the Council made an offer to Jan Dickson McVay
to purchase a certain parcel of land located in the Town of
Leesburg, Virginia by resolution of October 9, 1974, and
WHEREAS, the firm of DeLashmutt Associates has surveyed
and prepared a plat which shows the square footage of 3,147 ,
which was consistent with the area which the Town offered to
purchase and was agreed upon by a representative of Mrs .
McVay and myself., and
WHEREAS, a special meeting was held on October 16 , 1974
to appropriate the required sums of money to purchase the
tract of land containing 3 , 147 square feet, and
WHEREAS, the owner of the land, Jan Dickson McVay, ap-
peared at the special meeting and made a counter-offerto
sell to the Town a parcel with different dimensions , and
WHEREAS , the following resolution was adopted on October
16 , 1974:
WHEREAS, the Council has agreed to purchase from
Mrs. McVay a certain parcel of land at $5 .00 per
square foot and, in turn, to convey a small parcel
to Mrs . McVay, and
WHEREAS, the total square footage , based upon survey
of McVay land, is approximately 2,850 square feet and
the parcel to be conveyed by the Town is 27 square feet,
and
WHEREAS, the purchase price is $16 ,000, in line with
Mrs . McVay 's counter offer,
NOW, THEREFORE, BE IT RESOLVED, that the following sums
be and they are hereby appropriated from the General
Fund -to complete the transaction:
$16 ,000.00 - Purchase price
56.00 - Owner's title insurance premium
377 .50 - One-half of survey
175 .00 - George M. Martin - Title , closing,
preparation of deed to. McVay
and
BE IT FURTHER RESOLVED, that the Town Attorney prepare
- a deed conveying the 27 square foot area to Mrs . McVay,
and that the same shall be executed as prescribed by
the Charter and delivered simultaneously with delivery
of the deed to the Town from Mrs . McVay .
I hereby veto the above-described resolution and assign
my reasons therefor as follows :
88
MINUTES OF OCTOBER 23 ,1974 MEETING.
(1) The purchase of the area is not in the best inter-
est of the Town of Leesburg inasmuch as the new alignment
would not permit a straight alignment on a proposed street from
Loudoun and Market Streets , which is one of the primary rea-
sons, as I understand it, for the purchase of the tract of
land;
(2) The Council delegated the negotiation of the pur-
chase to me and, after some discussion with her representa-
tive, the parcel containing 3 ,147 square feet was agreed upon;
(3) The acceptance in the above resolution and the writ-
ten
offer made by Jan Dickson McVay dated October 15 , 1974
are so ambiguous and unclear that I cannot determine just
what the Council has actually purchased and agreed to exchange;
(4) One of the purposes of the acquisition was to pro-
vide a free flow of traffic in a reasonably straight line, but
the configuration of the area purchased would severely hamper
the movement of vehicular traffic from Loudoun to Market Streets ;
(5) The Town has proposed for some time to create a street
from Market to Loudoun Streets in as straight a line as possible,
aligning with the alleyway between the Dr. Jackson building and
the old Bank building. This cannot be accomplished without the
acquisition of additional land from Mrs . McVay at some future
date;
(6) The above purchase cannot be justified in the public
interest as set forth in certain of the reasons above.
I would like to point out that the Council can over-ride
my veto by vote of two-thirds of a majority of the Council,
and I will call a special meeting if I receive the request
from three (3) members of the Council.
It is requested that you note date of receipt of this
letter on the original and bring this to the attention of the
members of Council by sending copies of this veto letter to
each member.
Yours very truly,
/s/ G. Dewey Hill
G. Dewey Hill
Mayor
Received: October 17 . 1974
/s/ Dorothy B. Rosen
Clerk of the Council
Mayor Hill said he had been advised today by Town Attorney Martin
that possibly the veto power is not his prerogative. He, therefore,
withdre his veto of the resolution in question, although he still
believedYthe reasons he gave for the veto. The resolution of Oc-
tober 16 , therefore , stands as adopted by the Council on that date.
There were questions from some of the Council members concerning
whether this resolution should be reintroduced or reaffirmed. Town
Attorney Martin apologized for the situation at hand, stating that
he was of the belief that Mayors of towis did have a veto power and
he advised Mayor Hill that he could exercise such a power. However,
Mr. Martin did not feel sure and conferred with the Virginia Municipal
League and its attorney today. He was advised by Mr. Dobbins that,
under the new Constitution, which does not speak to the power of
Mayors having veto power, that he did not feel this would stand in
Court. Therefore, Mr. Martin advised Mayor Hill to withdraw his veto.
He did not feel that such a decision is free of doubt and felt that
this could be clarified by Legislature.
89
MINUTES OF OCTOBER 23, 1974 MEETING.
Town. Manager Ritter reported as follows :
(1) A letter has been received from the Deputy Assistant Secre-
tary of HUD, stating that they expect to have the environmental as-
sessment and special clearande on the Potomac project completed
within the next few weeks . Mr. Ritter said he will have a report
for the Public Works Committee on other possible sources of water
at its next meeting .
(2) Representatives of Johnson and Williams will be here at
7 :30 P.M. tomorrow night to present revised possible downward costs
on the Potomac facility.
(3) Town forces completed pouring curb and gutter and concrete
slab in front of the Library on West Market Street today. Brick for
the sidewalk should be delivered around November 10th.
Councilman 'Rock questioned what is meant by "special clearance".
Mayor Hill asked Mr. Ritter to find out about this .
Mr. Rock read a proposed resolution concerning the renaming of
Market Street to "George Marshall" Street and asked that it be re-
ferred to the proper committee. Mayor Hill referred this to the
Finance and Administration Committee for study.
Mr. Rock stated that he feels Council has a duty to clarify the
situation as to whether or not the Mayor has the power of veto, as
well as to make a decision as to whether it wants a Council-Manager
oz a Mayor-Council form of government. He felt this should be done
in order to present any Charter amendments to the General Assembly
by the deadline . On motion of Councilman Rock, seconded by Coun-
cilman Titus, the following resolution was proposed:
BE IT RESOLVED, that the Town Manager and the Town Attorney
be authorized and directed to immediately determine what
the statutory basis of a power of an elected mayor who sits
as a voting member of the Council to exercise the veto, and
to report back by the November 27th meeting of the Council.
Councilman Titus requested that the forms of government be supplied
from the State Code to all Council members so that a recommendation
might be made from the Council to the Charter Amendment Committee.
The -resolution was unanimously adopted, as shown :
Aye: Councilmen Bange, Newman, Orr, Rock, Titus and Mayor
Hill.
Nay : None .
Councilman Titus invited all members of Council to attend the
Public Works Committee meeting with Johnson and Williams tomorrow
night.
Councilman Titus said he would like an expression from Council
as to the committees to be appointed under the Comprehensive Plan
(1) who is to appoint them and (2) to whom they should report. This
was discussed at length, with most of the Council members feeling
that those serving on the committees should be able to work with
the Planning Commission and that the comme5h Qlshould report either/
or to the Planning Commission or the iisnnzmgx nmmissian or to both
bodies . It was felt that Council should retain the appointments and
that the committee on space needs should report to the Council. Mr.
Forbes pointed outthat several of the committees are so closely re-
lated that the studies they will be conducting will require almost
perfect coordination between the committees . He said the Compre-
hensive Plain specifies that all committees will report to the Plan-
ning Commission and they will make recommendations to the Council.
This will be the policy to be followed, except that the "space heeds"
committee will report to both bodies .
Mayor Hill read to Council a letter to Chief Kidwell from Super-
intendent of Schools Robert E. Butt, thanking him for help in work-
ing with the new safety patrol program in the schools . He asked
that Chief Kidwell, and others working with him, be :advised of this
letter and commendation.
90
MINUTES OF OCTOBER 23, 1974 MEETING: - -
Mayor Hill also read a letter from Mr. Dick Richards concerning
the weeds and trash on the south side of Davis Avenue it the Huntland
Homes area. He asked that the owners of this property be made aware
of this situation and that it be cleaned up.
Colonel Valentine, Administrator of Loudoun Memorial Hospital,
requested a waiver of a business license to operate a snack bar at
the Hospital, explaining that this is a non-profit operation, with
any profits to be used to reduce costs at the hospital. It is to
be operated for the use of the visiting public, as well• as for em-
ployees . After some discussion, on motion of Councilman Rock, sec-
onded
by Councilman Newman, the following resolution was offered:
BE IT RESOLVED, that a waiver of business license be granted
for the operation of a snack bar at the Hospital for the re-
mainder- of this license year.
The resolution was unanimously adopted, as shown :
Aye: Councilmen Bange, Newman, Orr, Rock, Titus and Mayor
Hill.
Nay: None.
Mayor Hill asked Colonel Valentine what the prospects are on
removing the barricade on Gibson Street. Colonel Valentine said a
contract has been let to TriisCounty Asphalt to make a two-lane road
in the problem area and to widen the area where Gibson Street inter-
sects the Hospital property. When this work' is done, the street
will be opened.
Council discussed changes to be made in the County Fire Preven-
tion Code in order to make same applicable to the Town. Eire Marshal
John W. Fiske was present and elaborated on some of the changes needed.
Mr. Fiske was asked to be present at the Finance and Administration
Committee meeting in order to discuss these changes .
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was placed on the floor for discussion:
WHEREAS, under the provisions of Section 23 of the United
States Housing Act of 1937, as amended, the United States
of America, acting through the Secretary of Housing and
Urban Development, is authorized to provide financial as-
sistance to state or local housing agencies in providing
low-rent housing by leasing dwelling units in seven (7)
privately-owned structures ; and
WHEREAS, said Section 2e provides that the provisions there-
of shall not apply to any locality unless the governing body
of the locality has by resolution approved the application of
such provisions to such locality.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg as follows :
SECTION 1. That the application of the provisions of Sec-
tion 23 of the United States Housing Act of 1937 , as amended,
to authorize the leasing of forty-eight (48) dwelling units
at Loudoun House Apartments located at 241C Edwards Ferry
Road, Leesburg, Virginia 22075, is approved.
There was lengthy discussion on this resolution, with Council•• feeling
that, until the owner and management of Loudqun House Apartments, has
demonstrated they can handle the many problems that have arisen since
this projecthasbeen occupied, approval will not be given for more
occupancy. The resolution was unanimously defeated, as shown below,
with the Town Manager to notify the owner, Mr. Cafritz.
Aye : None.
Nay : Councilmen Bange, Newman, Orr, Rock, Titus and Mayor
Hill.
91
MINUTES OF OCTOBER 23 , 1974 MEETING. -
On motion of Councilman Titus, seconded by Councilman Rock, the
following resolution was proposed:
WHEREAS, sufficient indication had been given by the Public
Works Committee to indicate that five (5) residential sewer
taps were available in Waverly Heights Subdivision to serve
Manna Partnership #1, proposed development at the southwest
corner of Route 15 and Catoctin Circle ,
NOW, THEREFORE, BE IT RESOLVED, that Manna Partnership #1
be informed that five (5) residential sewer taps are avail-
able for this development.
Lengthy discussion ensued. On motion of Councilman Titus, seconded
by Councilman Rock, the second paragraph was amended by unanimous
vote to read as follows: -
NOW, THEREFORE, BE IT RESOLVED, that Manna Partnership #1
be informed that the capacity for five (5) residential
sewer taps is available for this development.
Further discussion followed between Councilman Bange and Councilman
Titus . A roll call vote on the resolution, as amended, was 3 to 3,
thus defeating the resolution, as shown below:
Aye: Councilmen Newman, Rock and Titus.
Nay: Councilmen Bange, Orr and Mayor Hill.
On motion of Councilman Titus, seconded by Councilman Bange,
the following resolution was proposed:
RESOLVED, that the Performance Bond in the amount of
$27,063.00 for B. P. Oil Corporation- for physical improve-
ments on Lot 2 in Leesburg Square Subdivision be and it
is hereby approved.
Councilman Titus explained that this bond was in order when discussed
previously and said he had apologized to the developer for the delay.
He also explained that the improvements to be made are being made
with what exists on Route 7 now and not with what is intended to
be there on the Urban Project. The resolution was then unanimously
adopted, as shown :
Aye: Councilmen Bange, Newman, Orr, Rock, Titus and Mayor
Hill.
Nay: None.
On motion of Councilman Bange, seconded by Councilman Newman,
the following resolution was proposed:
WHEREAS, a request has been received from the Lesluke Cor-
poration to obtain the amount of $4,275.00 of off-site storm
sewer charges collected by the Town to be used for improve-
ments on lands owned by the Lesluke Corporation,
NOW, THEREFORE, BE IT RESOLVED by the Town Council that the
Town Manager is- hereby directed to release $4,275.00 to the
Lesluke Corporation upon receipt and approval by the Town
Council of a personal bond in an equal amount that is condition-
upon the physical construction of storm sewers, for which
the off-site monies were collected, said construction to be
completed in seven (7) years or the money shall be returned
to the Town.
•
On motion of Councilman Bange, seconded by Councilman Orr, the second
• paragraph was unanimously amended to read as follows :
NOW, THEREFORE, BE IT RESOLVED by the Town Council, -that the
Town Manager is hereby directed to release $4,275 .00 to the
Lesluke Corporation upon receipt and approval by the Town
Council of a bond executed by Lesluke Corporation as princi-
pal and Helmi Carr as surety, in an equal amount that is con-
ditioned upon the physical construction of storm sewers, for
which the off-site monies were collected, said construction
to be completed in seven (7) years or the money shall be re-
turned to the Town.
92
MINUTES OF OCTOBER 23, 1974 MEETING. -
Discussion included the question of whether or not interest should
be paid on this amount of money and what constitutes :'construction. "
The resolution, as amended, was then adopted, as shown :
Aye : Councilmen Bange, Newman, Orr and Mayor Hill.
Nay: Councilmen Rock and Titus .
Councilman Orr left the meeting at this time .
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
BE IT RESOLVED, that the following appropriations be made : ,
$ 3,329.00 - Printing Comprehensive Plan (Rosser Payne) -
G.F. - 320. 103 - supplemental (Final Payment) .
178. 15 - Service Contract-Addressograph Machine -
G,F. -200. 116 (Contract up to 6/30/75) -
supplemental .
1,087 .00 - Safety Cage - 1.5 m.g. tank - U .F. - 1300.907 .
780.00 - Gauge - 1.5 m.g. tank - U.F. - 1300.908.
7 ,249.00 - Dump Truck - G.F. -800 .909.
10,199.00 - Daniel A. Robinson and Associates - Water and
Sewer Study - U.F. -1300.117 .
After explanation by Town Manager Ritter, the resolution was unani-
mously adopted, as shown: It is noted that Councilman Ridder joined
the meeting at this time .
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay: None.
On motion of Councilman Titus , seconded by Councilman Rock, the
following resolution was proposed :
WHEREAS, in consideration of the approval of the site plan
for Loudoun House, an agreement was entered into on October
27, 1971 between Town of Leesburg and Mr. John Wallace, where-
in Mr. Wallace agreed to perform certain physical improve-
ments by January 1, 1976, and
WHEREAS, Mr. Wallace has requested that the completion date
be extended to January 1, 1977,
NOW, THEREFORE, BE IT RESOLVED, that this request be granted,
provided that Mr. Wallace and Mr. Paulson furnish, within 30
days , an escrow account in the amount of $15,000,. or a surety
bond in the amount of $10,000, or a cashier's check in the
amount of $10,000, acceptable to the Town Council and Town
Attorney to cover cost of remaining physical improvements
to be accomplished by January 1, 1977 , with an estimated
cost of $10,000, and
BE IT. FURTHER RESOLVED that, upon acceptance by the Town of
the above-mentioned surety , the Town will have recorded the
Deed of Dedication of the street, which has been submitted
and approved by the Town Attorney and is now on file in the
Office of the Town Manager.
After discussion, the resolution was unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay : None.
93
MINUTES OF OCTOBER 23, 1974 MEETING. -
On motion of Councilman Titus , seconded by Councilman Bange, the
following resolution was proposed:
WHEREAS, on March 283, 1973, the Town Council adopted a
Statement of Policy regarding sanitary sewer availability,
which included in Category 1 "and all existing residential
units inside the Town limits which were not connected to
public sewer prior to February 14, 1973 , and which have
sewer main immediately adjacent to the respective units or
lots. ", and
WHEREAS, Exhibit 1, so noted in Category 1 of the Statement
of Policy adopted March 28, 1973 , was corrected and amended
on August 14, 1974 and entitled "Amended Exhibit 1", and
WHEREAS, the "Amended Exhibit 1" failed to include existing
houses on Lots 1 and 3 on Fort Evans Road (Lawrence Subdi-
vision) , the property of Basil M. DeLashmutt, and
WHEREAS, a letter has been received from Basil M. DeLashmutt,
dated September 10, 1974, requesting to connect the above-
mentioned residential property to the Town sewer system
within tone year,
NOW, THEREFORE, BE IT RESOLVED, that the above-mentioned
existing houses on Lots 1 and 3 on Fort Evans Road (Lawrence
Subdivision) be included in "Amended Exhibit 1. "
After explanation by Councilman Titus , the resolution wasunanimously
adopted, as shown: /
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill .
Nay: Nbne .
Council recessed at this time , with resumption at 10 :31 P.M.
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed :
RESOLVED, that the Town Manager is hereby authorized to
purchase a 1975 Ford Police car from Leesburg. Motors, at
a cost of $4,635.00 .
After explanation by Town Manager Ritter and discussion by Council,
the resolution was unanimously adopted, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay: None.
•
On motion of Councilman Bange , seconded by Councilman Ridder, the
following resolution was proposed:
BE IT RESOLVED, that the Town Manager be authorized to sign
the Utility Agreement between VEPCO and the Town of Leesburg
to cover adjustment of VEPCO ' s facilities. on the Route 7
Urban Project, and
BE IT FURTHER RESOLVED, that Item (2) be inserted under SEC-
TION III• of the Agreement, wherein the "UTILITY OWNER` will
pay the applicable costs in connection with such alterations,
rebuilding or relocation of its facilities . "
After explanation by Town Manager Ritter and some discussion, the reso-
lution was unanimously adopted, as shown :
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay: None.
94
MINUTES OF OCTOBER 23 , 1974 MEETING.
On motion of Councilman Titus , seconded by Councilman Rock, the
following resolution was proposed:
BE IT RESOLVED, that the Mayor is hereby authorized to sign
a duplicate copy of letter received by the Town from the
Virginia Historic Landmarks Commission dated 10 October 1974,
for the purpose of obtaining the sum of $5 ,000.00, which
represents the Federalmatching share of 50 per cent of the
cost of the project, and which has been set aside for the
Old Log Cabin restoration, Leesburg . . . .
After explanation by Mayor Hill and Deputy Town Manager Devero, the
resolution was unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay : None.
On motion of Councilman Titus , seconded by Councilman Bange, the
following resolution was proposed:
WHEREAS, the developer of Crestwood Hamlet, Sections 1 and
2 , has completed physical improvements therein and has re-
quested the Town 's acceptance of same, and
WHEREAS, the Director of Public Works has advised that these
improvements meet Town Standards,
NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg ac-
cepts the physical improvements in Sections l and 2 of Crest-
wood Hamlet upon submission of one year maintenance bond.
Specific streets were outlined by Town Manager Ritter. Council also
discussed the fact that the real estate agent for this subdivision
continues to place metal advertisement signs in the middle of Ca-
toctin Circle. Town Manager Ritter was directed to inform the real
estate agent that this practice will not be tolerated. The resolu-
tion was then unanimously adopted, as shown:
Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay: None.
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
WHEREAS by resolution of the Town Council adopted September
25, 1974, Transamerican Airports , Inc . was to have submitted
to the Airport Advisory Committee on or before October 22 ,
1974 design plans and specifications for the proposed T-hangar
to be constructed by Transamerican Airports, Inc . on land
leased by it at Leesburg Municipal Airport ; and
WHEREAS, Transamerican Airports , Inc . has failed to comply with
said resolution of September 25, 1974;
NOW, THEREFORE, BE IT RESOLVED, that it is acknowledged by the
Town Council that Transamerican Airports , Inc .' has failed to
comply with said resolution of September 25 , 1974; that, in
any event , construction of the aforesaid T-hangar shall be
commenced not later than six (6) months from June 26, 1974,
as required by resolution of the Town Council of such date ;
and design plans and specifications for the proposed T-hangar
must be submitted to the Airport Advisory Committee for ap-
proval or disapproval as required by resolution of June 26,
1974.
A letter received from Transamerican Airports this date was read into
the record, said letter stating that, due to financing problems and
the present money market, it is not felt that construction of a T-
hangar can be accomplished at this time. However, it is proposed
to use the presently installed trusses , along with plans already
prepared for the present T-hangar location, for future construction,
with complete plans to be submitted in approximately 60 days. This
95
MINUTES OF OCTOBER 23, 1974 -MEETING.
matter was discussed at length, with a rollcallvote on the resolu-
tion showing as follows :
Aye : Councilmen Newman, Ridder, Rock and Mayor Hill.
Nay : Councilmen Bange and Titus .
Councilman Titus requested that Council sit with the Airport Advisory
Committee as soon as possible to discuss this matter fully. It was
also requested that a copy of this resolution be sent to Transamerican
Airports, Inc.
' On motion of Councilman Bange, seconded by Councilman Titus , the
following -resolution was proposed :
BE IT RESOLVED, that the Performance Bond in the amount of
$8,104.60 for Pizza Hut of D. C. for Physical Improvements,
located at 178 East Market Street, Leesburg, Virginia, be
and it is hereby approved.
Town Manager Ritter explained that this was just received today, but
it has to go back to the Planning Commission on November 7th. There
being no objection to considering this tonight, the resolution was
unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay : None.
Town Attorney George Martin reported that creditors of K & M
Construction Company have obtained a number of judgments and garnish-
ment . proceedings are to be served on the Town. It was his recommenda-
tion that the administrative staff investigate what funds held by
the Town might be releasable to the Courts for such purposes. It
was also suggested that the Public Works Committee consider the im-
provements needed in this subdivision before the release of any of
the funds held by the Town .
On motion of Councilman Titus , seconded by Councilman Ridder,
the following resolution was proposed:
RESOLVED, that the reverter provision in the Deeds granting
Town land to the Loudoun County Rescue Squad be subordinated
to a permanent first deed of trust loan in the amount of
$180,000.00, with interest at 87. per annum, payable monthly
for a term of 20 years , on the land, provided that the deed
of trust contain a provision that the noteholder advises the
Town of any default prior to selling under the deed of trust,
and that the Town Attorney must approve any instrument of
subordination and the deed of trust.
The above was explained by Town Attorney Martin, after which the reso-
lution was unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill.
-'Nay : None.
Mayor Hill reported that he and Councilman Titus attended a
meeting yesterday of representatives of Fairfax County, Herndon,
Loudoun County, the Sanitation Authority and the Town .of: Leesburg,
trying to reach a unified approach on the Public Hearing to be
held by the State Water Control Board on October 29th. Most of
the jurisdictions were in agreement with the NVPDC resolution, with
the exception of Herndon. As a result of this meeting, a resolution
has been prepared to reflect the Town of Leesburg 's feelings on this
matter. On motion of Councilman Bange, seconded by Councilman Ridder,
the following resolution was proposed :
WHEREAS, the Town of Leesburg fully supported the adopted
plan for sanitary sewage treatment for Study Area 1 of the
Northern Virginia Planning District Commission, which con-
tained recommendations for a permanent sewage treatment
9.6
MINUTES OF OCTOBER 23, 1974 MEETING. - -
plant at Leesburg, an interim sewage treatment-plant to be
negotiated with the SWCB for Herndon andfulfillment of. con-
tractual agreements with the District of Columbia for sewage
capacity in the Blue Plains Treatment Plant for both :Loudoun
and Fairfax Counties , and
WHEREAS , the said plan called for Leesburg to have a 6.5 .mgd
sewage treatment plant, with a first stage of 3.5 mgd at the
present site, which is geographically and topographically.
suited for expansion of the present facilities and should
meet all reasonable criteria used for such a plant, and
WHEREAS, the State Water Control Board, based on a studyby
its consultants, subsequently adopted an M/R Water Quality
Management Program for Study Area 1, which called for a single
sewage treatment plant on the lands of the Dulles Airport to
serve all parties concerned and "back-up" sewage capacity in
Blue Plains , and
WHEREAS, the SWCB , subsequent to the adoption of the said Water
Quality Management Program, has called a Public Hearing on a
policy designed to implement the said program, said policy •call-
ing for a "modest" interim expansion of the present Leesburg
Sewage Treatment Plant, ultimate abandonment of that Plant,
Leesburg 's use of . the single sewage treatment plait at Dulles
Airport at the time of said agandonment, Leesburg to get its
treatment plant to operate within its certificate limits and
for Leesburg to have an active program to eliminate infiltra-
tion,
NOW, THEREFORE, . BE IT RESOLVED by the Town Council of the Town
of Leesburg, that the SWCB is hereby requested to reconsider
the M/R Water Quality Management Program for "Study Area 1 now
before the Secretary of the Commonwealth, and to consider adopt-
ing in place thereof the plan for Study Area 1 as presented by
the NVPDC, and t
BE IT FURTHER RESOLVED by the Town Council of the Town of Lees-
burg, that (1) the Town remains fully committed to the adopted
plan for sewage treatment for Study Area 1 of the NVPDC and
does not support either the SWCB 's,Water Quality Management
Program or its proposed implementation policy; (2) the Town
feels it is , at present, operating its sewage treatment plant
within its certificate limits ; (3) the Town will continue its
infiltration abatement and reconstruction program which has
been on-going for about two years ; (4) the Town could be put
in an untenable financial position if it ultimately has to
abandon its sewage treatment plant, which could result in a loss
of revenues to pay outstanding debts of over $1,000,000 on the
said plant ; (5) the Town feels that, atcthe time of approval of
its present plant, strong indication was given to the Town by
the SWCB that expansion could take place and the Town did, in
fact, construct certain portions of the plant that make it
readily expandable; and (6) the Town feels the proposed per-
formance, design, administrative and technical requirements,
in the implementation policy, from a practical standpoint , are
excessive, unreasonable and economically prohibitive, and
BE IT FURTHER RESOLVED, that the Mayor is hereby requested to
present this resolution as the official position of the •Town
of Leesburg at the SWCB hearing of October 29, 1974.
The resolution was unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
•
Hill.
Nay : None .
Town Manager Ritter was directed to write Mr. Wilson of Fairfax County
for a copy of a letter from Mr. Colony on the EPA position in this
controversy .
On motion of Councilman Bange, seconded by Councilman Ridder, the
meeting was , adjourned at 11 :30 P.M.
/1/471:1 - *Or
Clerk of a Council