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HomeMy Public PortalAbout1975_01_08 13r MINUTES OF- REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 8, 1975 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on January 8, 1975 at 7 :30 P.M. The meeting was called to order by the Mayor, with Deputy Town Manager Devero offering the prayer, and fol- lowed by the Salute to the Flag. Present were : Mayor G. Dewey Hill, Councilmen Charles E. Bange, Mary Anne Newman, Robert A. Orr, Herbert L. Ridder, James A. Rock and C. Terry Titus ; also Town Manager James W. Ritter, Jr. , Deputy Town Manager E. Wesley Devero and Town At- torney George M. Martin. The minutes of the regular meeting of December 11, 1975 and a special meeting of December 18, 1974 were approved as written. Mr. Robert Zoldos , Chief of the Leesburg Volunteer Fire Depart- ment, fequested Council to consider giving to the Fire Department for ' its use one of the old Police cruisers when it is taken out of ser- vice. This was discussed briefly and referred to the appropriate committee for consideration. Town Manager Ritter reported as follows : (1) The Town has received official notice today of the increase of $200,100 in grant funds on our completed sewer projects . We had previously received $600,388 in grant money. The notice stated that we may receive an additional increase of 15 per cent to 20 per cent after a determination of national reimbursement has been made. (2) Concerning removal of the two piles of brush at Huntland Homes, he has received a letter from the attorney representing the parties who bid this property in. They will know within 120 days if the Internal Revenue Service is agreeable to the sale. If these people become the owners of the property, they will then discuss the removal of this brush. (3) He attended a meeting at HUD in the District of Columbia today, along with representatives of other local government and other jurisdictions in the Northern Virginia area, to find out what HUD has to offer in a recently enacted Grant Program. This will be a block grant, which takes care of a lot of small grants. We do stand a change of getting some of this money and he will pursue it. This grant is $24,000,000, to be split over the cities, townsand counties in the Northern Virginia Planning District Commission area. We will be competing with larger cities, etc. , so -will have to keep in close contact with HUD. It was emphasized that the various juris- dictions would have to decide among themselves the split of the funds. This was •discussed and it was decided that the proper agency to stand as judge and allocate the distribution of these funds would be the NVPDC. (41 He also discussed with HUD the Grant on the modified water project on the Potomac . They want a letter requesting them to modify the application and to include an up-dated cost estimate. They are still getting some "flack" from GAO on the entire Potomac project, but this will not affect this smaller project. Mr. Pendergast of HUD did not feel we would have any problem. Mr. Ritter explained that, in order to get all of our grant of $957 ,000, we would have to have a total project of around $2,000,000. We should receive the cost estimates on this smaller project soon. He did not believe this proposed project is anywhere near this amount and, in order to get our full Grant, we could add onto this project. Councilman Rock questioned whether or not the Town has received any plans from TransAmerican Airports, which were due on December 26th. Mr. Devero said we received specifications, etc. yesterday, with a copy being sent to Mr. Lowry of the Airport Advisory Committee and a ' copy is in the Town Office files . Councilman Titus questioned whether - these hetherthese plans , etc . should be accepted since they are late. It was felt i that the Leesburg Airport Advisory Committee should make a recomendation to the Council on this . Councilman Titus said that the Public Works Committee felt that the residents of Cornwall Street, where there is 1-hour parking, should provide their own off-street parking where possible, so no change will be made. 138 MINUTES OF JANUARY 8, 1975 MEETING. -- Mr. Titus requested that items on the Agenda concerning ex- tension of water and sewer lines be referred back to the Public Works Committee. Mr. Titus also called attention to the deplorable condition of South Catoctin Circle , particularly the section between Route 7 and the Railroad tracks . Mr. Hyatt, Inspector for the Town, was in the audience and said he would look into this - he felt this could be taken care of between the town and the contractor for the State. Mr. Titus noted on the report from the Chief of Police that, of 138 complaints received during the year, 83 were at Loudoun House. He felt this situation was ridiculous. Councilman Bange reported two complaints received concerning the violation of one-hour parking on Cornwall Street and the fact that no summons have been issued. He noted that there is one particular ve- hicle constantly parked on the yellow line on Wirt Street. Mayor Hill reported the following : (1) He talked with Mr. Geller of the EPActhis morning concerning the additional Grant money for the Sewage Treatment Plant. He was apologetic that the money had not yet arrived and said he would see that it is in the Town 's hands shortly. (2) He has received a note from Mr. Butt asking that Town of- ficials meet with him, Mr. Mackey and Mr. Vorous concerning the Lees- burg Middle School easement at 4 :30 tomorrow. He asked that Mr. Ritter, Mr. Devero, Mr. Chaves and Mr. Titus meet with them on the site to discuss this matter. There was discussion as to just what the Town wants to do on this matter in light of the increased cost of the project since its inception. It was suggested by Councilman Ridder that perhaps we should negotiate with the County to construct the gabion line in segments as finances allow and maintain it in the meantime. Councilman Titus suggested discussing with the County the possibility of it (the County) paying a pro-rata share of the gabion channel if it is constructed in its entirety at this time. (3) He asked if a corrected easement plat across the Pizza Hut property had been received. Mr. Ritter and Mr. Devero both replied that one had been received, however, Mr. Chaves said it has not yet been checked out. (4) He asked if there has been any discussion concerning a meet- ing with Fairfax City officials on the water problem. Mr. Ritter said Mr. Schull of Fairfax is endeavoring to set up such a meeting. Mr. Steve Hogye, Assistant Coordinator for the Flood Plain In- surance Program, State of Virginia (from the State Water Control Board in Richmond) and Mrs. Jeanette Smith of the Springfield Re- gional Office were present, with Mr. Hogye explaining in detail to Council members the requirements for securing flood plain insurance for the citizens of the Town. It was pointed out that Council must adopt a resolution to go on the Program and enforce the regulations and adopt an Ordinance delineating the flood plain areas . There were questions by Council members . It was felt that the public should be made aware that Council is considering the adoption of the proposed resolutions , with this matter being referred to the Public Works Committee for further study, with the possibility of conaderation at the next meeting. On motion of Councilman Bange, seconded by Councilman Titus, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that an amount of $484.50 be appropriated for the balance of the purchase price of a 1975 Blazer for use by the Town Inspector, to be purchased from S & R Chevrolet-Oldsmobile, Inc . (Purchase price - $4,279.50 - $3,795 .00 previously appropriated on September 11, 1974) . Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay : None. 139 MINUTES OF JANUARY 8, 1975 MEETING. On-motion of Councilman Ridder, seconded by Councilman Rock, the following resolution was proposed: WHEREAS, the Town of Leesburg has been joined as Garnishee in litigation for the purpose of obtaining money being held by the Town to satisfy creditors of C & M Construction Co. , Inc . , formerly K & M Construction Co. , Inc . , and WHEREAS, the Town is holding $4 ,319. 96, which funds are de- posited in an escrow account, and WHEREAS, a certified check in the amount of $16,937 .82 is being held by the Town, which monies are to cover the costs of physical improvements in connection with the development • of Huntland Homes Townhouses on Davis Avenue, and WHEREAS, BVA Credit Corporation, the successor by merger to Commonwealth Mortgage Company, has intervened in the garnish- ment proceeding, and WHEREAS, the Intervenor and the Garnishers have reached a settlement with respect to their dispute over the funds , and WHEREAS, BVA Credit Corporation has agreed to replace the certified check in the amount of $16, 937 .82 for a new cer- tified check in the amount of $15,000.00 as part of its settlement agreement, and WHEREAS, there is no material dispute between the Town of Leesburg and the Garnishers with respect to $8,269. 34, and WHEREAS, the Town has, by previous Resolution, requested that the Court allow the Town to retain a total of $11,050.62 to cover certain expenses, and WHEREAS, the Town determines that it is in the best interest of the Town to settle this matter and preclude the necessity of protracted litigation, NOW, THEREFORE, BE IT RESOLVED, that (1) the Town accept the proposal of BVA Credit Corporation and hereby authorizes the Treasurer to release the original certified check in the a- mount of $16, 937 .82 upon receipt of a new certified check in the amount of $15,000.00 from BVA Credit Corporation; (2) the Treasurer is authorized to negotiate said check and to pay over to Hall, Monahan, Engle, Mahan & Mitchell, Counsel for Garnishers , if so ordered by the Court, the sum of $8,269.34 (thus leaving, for the time-being, $11,050.62 in the hands of the Town) ; and (3) the Town Attorney, George M. Martin, is authorized to endorse Court Orders authorizing the payment of the said $8,269. 34 and to negotiate with Counsel for the Garnishers with a view toward settling the remaining amount in controversy, and BE IT FURTHER RESOLVED, that the above approval of the handling of the C & M matter be and it is contingent upon receipt of a formal release of the U. S. Internal Revenue Service levy. After considerable discussion, the resolution was unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None . On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made: $ 408.65 - Mueller Company - Valve and Fire Hydrant Instilla- tion - Utility Fund-Water and Sewer-Capital Out- lay - Acct. No. 1300.901 (supplemental appropriation. ) 140 MINUTES OF JANUARY 8, 1975 MEETING. $7 ,000.00 - Administration of Justice . Acct. No. 400.104. 200.00 - Bank Service Charge - Acct. No. 1100. 108. 200 .00 - Bank Service Charge - Acct. No. 1500 .108 . After explanation by Town Manager Ritter and some discussion con- cerning the cost of prisoners in the County Jail, the resolution was unanimously adopted, as shown: Aye : Councilmen Bange , Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed and unanimously adopted, as shown : BE IT RESOLVED, that the American Red Cross be provided with an additional parking space for free parking on the Leesburg Parking Lot adjacent to their existing space, in accordance with their written request of December 12, 1974. Aye : Councilmen Bange, Newman, Orr, Ridder, Rock; Titus and Mayor Hill. Nay: None. On motion of Councilman Orr, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the VFW be given a waiver of license fee to hold bingo games until June 30, 1975, in accordance with their request. Discussion was not on this particular request, but rather as to how Council will distinguish between charitable endeavors, as opposed to non-charitable , upon receiving requests for waiver in the future. It was also suggested that future requests should include a statement of the use of the funds derived from such games and raffles . The reso- lution was unanimously adopted, as shown: Aye : Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay : None. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: WHEREAS , an amount of $4 ,000 was authorized by the Town Council at its meeting on December 11, 1974 for relocation of water line on Route 15 south, and WHEREAS , the estimated cost may run to $6 ,500 .00, NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is hereby -,authorized to proceed with said relocation, at a cost not to exceed $6 ,500. After explanatioRe Ake wgg�� and discussion, including comments concerning the ec tzo'Gcp cof Valley View Avenue Extended by the Highway Department, the resolution was unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay : None . Mayor Hill said he expected to meet with Mr. Connock of the Highway Department to review this entire area and he will report back to Council. Councilman Titus felt that the public should be aware of the fact that the Town had nothing to do with this construction. 141 MINUTES OF JANUARY 8 , 1975 MEETING. On motion of Councilman Ridder, seconded by Councilman Rock, the following resolution was proposed: WHEREAS, the Town Council, at its meeting on November 27 , 1974 , directed the Town Manager to install two (2) exhaust fans on the Loudoun Street end of the Town Council room, and WHEREAS, a proposal has been received from C . J. Payne Heat- ing and Cooling, Inc . in the amount of $764.00 to install an exhaust fan on the west wall, ' NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is authorized to install the exhaust fan in accordance with the proposal set forth by C. J . Payne in his letter of December 17 , 1974 , at a cost of $764.00. After explanation by Mr. Ritter and discussion, it was felt that the system recommended by Payne is too expensive and the resolution was unanimously defeated, as shown: Aye : None . Nay : Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill . On motion of Councilman Titus , seconded by Councilman Orr, the fol- lowing substitute resolution was proposed: WHEREAS, the Town Council, at its meeting on November 27 , 1974, directed the Town Manager to install two (2) exhaust fans on the Loudoun Street end of the Town Council room, NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is authorized to purchase and install exhaust fans to remove smoke from the Council room. This resolution was adopted by a vote of 6 to 1 , as shown: Aye : Councilmen Bange, Newman, Orr, Ridder, Titus and Mayor Hill . Nay : Councilman Rock. See Insert. Councilman Orr left the meeting at this time . On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed: WHEREAS , in its letter of September 18, 1974, Leesburg Institute applied to the Town of Leesburg for a reserva- tion of 20,000 gpd hook-up to the Town sewer system, and WHEREAS, in its same letter, Leesburg Institute offered to assist and cooperate in any negotiations for access to a portion of Big Springs outflow by the Town of Lees- burg , NOW, THEREFORE, BE IT RESOLVED, that Leesburg Institute be notified that there is no capacity available in the Sewage Treatment Plant at this time to accommodate its request, and BE IT FURTHER RESOLVED, that the Town expresses its thanks to Leesburg Institute for its offer to assist the Town in trying to solve its water problem, and BE IT FURTHER RESOLVED, that the Town would like to leave the option open on the Big Springs offer. After explanation by Councilman Titus that the Big Springs offer has nothing to do with the availability of sewer, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange , Newman, Ridder, Rock, Titus and Mayor Hill. Nay : None . INSERT On motion of Councilman Titus, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the Town Manager be authorized to install approximately 76 feet of 36-inch pipe and two (2) catch basins in the storm sewer easement on the Pizza Hut property along the east property line, which is part of the Fisher-Bishop storm sewer, at a cost of $4 ,236 .00. After explanation and discussion, on motion of Councilman Rock, seconded by Councilman Newman, Council voted to table this reso- lution, as shown: Aye : Councilmen Bange, alewman, Ridder, Rock and Mayor Hill. Nay : Councilman Titus . 142 MINUTES OF JANUARY 8, 1975 MEETING. On motion of Councilman Ridder, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that Performance Bonds for Rock Springs Heights, Sections 2A and 2B be released. After discussion, the resolution was adopted by a vote of 5 to 1, as shown: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Hill. Nay : Councilman Titus . On motion of Councilman Ridder, seconded by Councilman Bange, the following resolution was proposed: WHEREAS, there has existed for many years a narrow and exceedingly rough and dangerous walkway on the south side of East Market Street east of Church Street, NOW, THEREFORE, BE IT RESOLVED, that the Town Manager be authorized to install in its place a brick sidewalk 170 feet long, 4 feet wide, together with curb and gutter, and removal of two (2) trees in the existing walk, at an estimated cost of $6 ,200.00. Discussion included removal of the two trees and contacting the property owners to explain just what is proposed. On motion of Councilman Rock, seconded by Councilman Bange, Council voted unani- mously to table this item at this time . It was suggested that this project be placed on the Public Works Committee Agenda after the owners have been contacted with plans prepared by the administrative staff. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: WHEREAS, William W. Nickels has offered to the Town of Leesburg the sale of 10.2548 acres of land (Firemen 's Field) , at a price of $450,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Manager be authorized to respond to Mr. Nickels that the Town is not interested in the purchase of this land at this time. Discussion included the fact that this property was recently sold to Mr. Nickels for close to $300,000 .00. 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: BE IT RESOLVED, that the Town Manager be directed to adver- tise for bids on the construction of the Fisher-Bishop Storm Sewer and the Leesburg Middle School Drainage Channel, in- cluding Rdiaation of Sanitary Sewer on the School Property, all as shown on plans prepared by Dewberry, Nealon & Davis, and BE IT FURTHER RESOLVED, that contractors will be permitted to submit bids singly on each project, or a combination bid on both projects . There followed lengthy discussion, which included the fact that there would actually be three bids . There are still three outstanding ease- ments to be secured - Minor Glenn, the School Board and Fisher-Spates It was suggested that bids be held for 30 days in order to allow at least 60 days to negotiate the missing easements . It was also felt that bids could be rejected on any portion on which the easement has not been secured. The resolution was then unanimously adopted, as shown: 14 MINUTES OF JANUARY 8, 1975 MEETING. See Insert. Eye:—Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill. Nay : None . On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that a request from Loudoun Memorial Hospital for a waiver of site plan requirements be granted for the construction of a proposed brick and concrete building for equipment storage on the Hospital grounds . This item was explained by Councilman Titus , who stated that this is a recommendation from the Planning Commission. Councilman Bange raised the question of utilities in and for this building, but was told by Councilman Titus that there were to be none. An amendment was proposed to this resolution. by, Cbainc lawn Bange, as follows: AND BE IT FURTHER RESOLVED, that it is understood there will be no utilities connected to this building . The amendment failed for lack of a second and the resolution was adopted by a vote of 4 to 2, as follows : Aye : Councilmen Newman, Rock , Titus and Mayor Hill. Nay : Councilmen Bange and Ridder. On motion of Councilman Rock, seconded by Councilman Titus , the resolution concerning installation of pipe and catch basins on the Pizza Hut property, which resolution was tabled earlier in this meeting, was placed back on the table and referred to the Public Works Committee. This motion 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 Ridder, Council voted unanimously to adopt the following resolution, as shown : BE IT RESOLVED, that the Mayor be authorized to write a letter to Mr. Daniel J. Schneider of the Regional Office of the EPA, with copies to Mr. Colony, Mr. Geller and the State Water Control Board, and inform him of the Town ' s position regarding the Metropolitan Regional Wastewater Management Plan and the avenues the Town may take to remedy the plan adopted by the Water Control Board. Aye : Councilmen Bange, Newman, Ridder , Rock, Titus and Mayor Hill. Nay : None . Councilman Titus asked if solicitors or those persons making a survey of the Town are required to secure a permit from the Town Office, citing an example where personal questions were asked and no identification was given. It was determined that the people in ques- tion are working for Hill Directory, and Mr. Ritter advised that these people are approved by the Town authorities. A permit is re- quired f¢ such persons . Toon Attorney Martin informed Council that a friendly suit has been filed by the Highway Department in the matter of Potter 's Field. He advised that he will represent the Town in this matter. Mayor Hill declared a recess at 10:00 P.M. , with Council re- convening at 10:06 P.M. Mayor Hill appointed Councilman Ridder to work as a member of Council, and Mr. Devero as a member of the administrative staff, with Mr. Mahan to furnish necessary information in the negotiation for purchase of property belonging to King Street Properties . INSERT There being objection to considering tonight, the Chair ruled that an item concerning the 60,000 gallon elevated water tank be referred back to the 'Public Works Committee. 144 MINUTES OF JANUARY 8, 1975 MEETING. On motion of Councilman Titus, seconded by Councilman Ridder, the following resolution was unanimously adopted, as shown : ► BE IT RESOLVED, that the Town Attorney is hereby author- ized to file the proper pleadings in behalf of the Town in the suit of Highway Departme t s. Town of Leesburg, et als, and that the appropriate? ficials are authorized to execute the necessary documents to defend this action. Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill . Nay : None. On motion of Councilman Titus , seconded by Councilman Ridder, Council voted unanimously to go into executive session at 10:11 P.M. Council reconvened at 10:47 P.M. On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the Town Attorney and the special committee of the Council be authorized to employ such experts as they deem necessary, subject to the approval of the Council, in the action of the Town versus the State Water Control Board in the matter of the M/R Wastewater Plan for the Northern Virginia Area . 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 and unanimously adopted, as shown: BE IT RESOLVED, that the committee appointed by the Mayor to work with Mr. Mahan on the purchase of King Street Properties ' property be authorized to facilitate the ne- gotiations as necessary, in accordance with resolution of December 18, 1974 retaining Mr. Mahan for that purpose . Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and Mayor Hill. Nay : None. On motion of Councilman Rock, seconded by Councilman Ridder, the meeting was adjourned at 10 :51 P.M. Mayo Imo/ C erk o e Council