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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