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HomeMy Public PortalAbout1975_09_24 • • 14O MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 24, 1975. A regular meeting of the Leesburg Town Council was held in the Council Chambers,--10 West Loudoun -Street,-Leesburg, Virginia on September 24, 1975 at 7:30 P.M. The meeting was called to order by the Mayor, with the invo- cation being offered by Councilman Newman, and followed by the Salute to the Flag. Present were: Mayor G. Dewey Hill, Councilmen Charles E. Bange, James H. Chamblin, Mary Anne Newman., Robert A. Orr, James A: Rock and C. • Terry Titus; also Acting Town Manager E. Wesley Devero and Town Attorney George M. Martin. • The Minutes -of a regular meeting of September 10, 1975 and a special meeting of September 10, 1975 were approved as written. Mayor Hill presented to former Council Member Herbert L. Ridder a Certificate of Recognition for his services to the Town. Mr. Ridder re- sponded with remarks of appreciation to those with whom he has served as a Council member. On motion of Councilman Titus, seconded by Councilman Newman, the resolution ' of recognition was unanimously adopted, as shown: • WHEREAS, Herbert L. Ridder has found it necessary to resign as 1 a member of the Leesburg Town Council, and • • . 1 WHEREAS, Mr. Ridder is to be recognized for his tenure of ser- vice• from January, 1973 to September, 1975, and ' WHEREAS, Mr. Ridder has devoted many hours of his time and ef- forts to his duties as Councilman, as a member- of the Public Works Committee and as the Town' s representative to the Northern Virginia Planning District Commission, . - . NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council wish to express their appreciation to Mr. Ridder for a job well done. Aye: Councilmen Bange, . Chamblin, Newman, Orr, Rock, Titus and, Mayor Hill. • Nay: None. Acting Town Manager Devero reported the following: Al) There -are Additions to the Agenda on the existing wells which are needed tonight. Also, there are items on the Manager' s Report that should be considered in Executive Session. (2) Regarding Leesburg Country Club, Section 3 and Republic Insurance Company, there is attached a proposed Motion for Judgment. He asked that Council members read this and then indicate their feelings to him. He re- ported that he had a telephone conversation with Mr: Keenan of Republic In- surance Company last week. There were several points covered, among them being that Republic was not satisfied with Mr. Sneider and they are not prepared to pay such an amount in cash funds at this time. He . (Mr. Keenan) felt that their problems were not the Town' s problems and he was not satis- fied with his answer from Mr. Sneider. He indicated that he would have to take this matter up with his Counsel. Mr. Devero advised that the Town is takingfrup with its council also, therefore, a suit. will be instituted. (3) Attached to the Manager s Report is copy .of a16leaeof Easement from Mr. Roberson of Roberson Office Supply. With the approval of Council, he will have this signediby Mr. Roberson. (4) Concerning the award of bids on the transmission line and the ele- vated tank, it has been found that the Town must acquire a County Super- visors''permit. However, this should not affect the awarding of the bids. It is felt that this might be on the Supervisors ' October 7th meeting. It was explained that this permit is one for type of construction, whereas : 1 the commission permit is for location, character and extent. (5) Concerning an alternative power system for the Sewage Treatment Plant, there have been some good suggestions from SWCB and these will be dis- cussed at the Public Works Committee meeting. (6) The piece of the pump in the Phillips-Nickels Well is not retriev- able at this time. There is a conglomerate of sandstone in the well and the piece has apparently fallen through. The drilling equipment will try to • 141 MINUTES OF SEPTEMBER 24, 1975 MEETING. punch it through. All indications are that this well has been filling up over a long period of time and the static level has decreased. This will be discussed in detail later in the meeting. Mr. Hawthorne of Johnson and Williams said the important thing in the Phillips-Nickels well is the fact that the well is in a sandstone formation and this has been accumulating in the well. The geologist' s recommendation is to case the well with a well screen to exclude the sandstone, or accept the fact that you will get sand in it and have to clean it out approximately every five years. He is optimistic about the capability of the well once it is rehabilitated. Mr. Hawthorne said there are other considerations 111 that cascade into the discussion of the wells that are being drilled now. Some decision can be made, probably in the next two weeks, after the re- sults of the new Andover Meadow site are known. Councilman Rock inquired if there is a piece of pipe in the well. Mr. Hawthorne said the records indicate that there is a tail piece in the bottom of, the well, with sand- stone piled on top of it. However, the well is in ; excellent water- bearing material. The gologist recommends casing the well with a slotted screen. There is an option - if we have the Potomac River water supply, it may not be wise to case the well. Mr. Chaves said the well was drilled in approximately 1960 and was pulled out about five years ago. Shortly after this, the tail piece fell off. Mr. Devero said the geologist is talking about 900 to 1,000 gpm, so this proves that this is a good well. Council- man Titus said that Sydnor has been authorized to do just what is in his bid and this is not within the scope of that bid. He felt that somebody should be authorized to do what is necessary. Mr. Devero advised that a conference has been set up for Friday morning at 10:00 A.M. , with the geolo • - gist being present, as well as Sydnor Hydrodynamics representatives. Mayor— Hill said he would be present for this meeting. On motion of Councilman Titus, seconded by Councilman Rock, the follow- ing resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the Mayor is hereby authorized to approve an Addendum to the Contract with Sydnor Hydrodynamics on the Phillips- Nickels Well as he sees necessary, to include the specifications and the financial implications. • Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock,• Titus and Mayor Hill. Nay: None. Mr. Devero also reported that three employees (laborers) have resigned during the past weeks. As of today, two have been hired - one in the Street Department and one in the Water Department - they are still short one man in the Water Department. He has received four (4) applications for Superintend- ent at the WPCF and would like to make October 10th the cut off date for •re- ceiving these, applications. It would then be almost the end of October be- fore a decision is made. He will have to notify the SWCB on October 1st that we do not have a Class II operator. We have two Class III operators that are very good. Councilman Titus had the following remarks: • (1) With regard to the alternative power source for the Sewage Treat- ment Plant, he had hoped "the Water Control Board would say "do nothing" He hoped the EPA would react to this situation. (2) Concerning the Disclosure of Real Estate Holdings adopted by the General Assembly, he asked that members of Council be provided with a copy of Sec . 2. 1-353. 1 of the Code of Virginia. (3) With regard to a Water Control Board hearing on priority construc- tion grants on October 10th, he felt that someone should express the Town' s interest as to its place on the priority list and the hope that Leesburg might be in a higher position on this list. Mayor Hill advised that he had talked with a member of the Commission on this and information will be sent to the Town. Mr. Hawthorne said that all of the States are having to de- i velop a system that is consistent with EPA' s rating program. He explained that each locality receives points, based on such things as population, ef- fect on the stream, miles of public water supply, etc. and you are rated on this basis. Mayor Hill said he asked about a small municipality that had to take some action but had no funds, but he did not receive a straight answer. Mr. Hawthorne said the law says the grant has to be 75 per cent and it de- pends on the State and the pool you are in - they stretch the money as far 142 MINUTES OF SEPTEMBER 24, 1975 MEETING. as it will go. He said your priority stays with you until .something new is brought to light. Councilman Titus felt that the Town should have a copy of the Priority List and that all affected bodies should be notified of such hearings by certified mail or registered mail. Mr. Devero said he has a copy . of the proposed priority system (how it is to be set up) and he will make copies available to Council members. It was felt that the next Council meet- ing is time enough to consider a resolution on this matter. Mr. Hawthorne said the Town should request a rating form. (4). The Public Works Committee has discussed the possibility of making Ayr Street one-way from Route 7 northerly almost to Cornwall Street. He has discussed this with a' resident of Cornwall Street and there seems to be no problem. He felt the Council should look into this - they want to encourage the use of Memorial Drive. (5) He called attention to the dangerous situation existing when cars going west on Loudoun Street cross over the gravel section between Loudoun and Market Street at the west triangle. He suggested the possibility of fencing this area, however, the property is not owned by the Town. It was felt that perhaps the Manager and the Chief of Police could investigate this. On motion of Councilman Rock, seconded by Councilman Chamblin, the fol- _ lowing resolution was proposed: WHEREAS, there has been concern expressed in the community rela- tive to the future of the Leesburg Municipal Airport (Godfrey Field) , and ' WHEREAS, this concern has centered around the possibility that the Town of Leesburg may abandon the present airport and seek another site, and WHEREAS, the Airport Advisory Committee has investigated possible alternative airport sites in the county and was unable to find a suitable location, NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Leesburg wishes to be on record that there are no plans in the foreseeable future to remove or abandon the present air- port site, and BE IT FURTHER RESOLVED, that a copy of' this resolution be for- warded immediately to the Loudoun County Planning Commission to be read at their public hearing relative to the Proposed Amend- ment to the Loudoun County Comprehensive Development Plan (Sec- tor II - A - Leesburg Municipal Airport) presently scheduled for September 30, 1975. Councilman Rock said that it seems to be the belief of some of the members of the County Planning Commission that, if the Commission holds up the de- velopment or any improvement at the Airport, the Town will go elsewhere. He did not think there had ever been any such plan of the Council and felt that this resolution should aid the County Planning Commission. Councilman Titus also said he did not think there had ever been any expression by the Council to move the Airport. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None.- Councilman Newman reported that she had received several phone calls con- cerning a large dead tree located on the Marshall property near the east triangle. The limbs of this tree overhang Market Street and are a traffic hazard. She asked that the owners of this property be contacted and asked to remove these limbs. Mrs. Newman also said she had received a call concerning a large pothole on Davis Avenue near Lee Avenue. Mr. Chaves said he would check on this (to- morrow. Councilman Orr inquired as to whether the Town has been able to acquire stencils to mark traffic lanes at the King Street-Catoctin Circle intersec- tion. Mr. Chaves advised that the Highway Department has been contacted. Councilman Orr suggested contacting the First Virginia Bank. 143- MINUTES OF SEPTEMBER 24, 1975 MEETING. Mr. Lanham, resident of Country Club Subdivision, asked that a member of Council attend an organizational meeting of a Citizens Association of the Wellesley area of Country Club on October 7th at the Jackson Medical Building for purposes of explaining to interested citizens the status of the Performance Bond for physical improvements in the area. If no-one can attend, he asked that a written report be submitted. This was discussed briefly and it was felt that, since this matter is in litigation, Town At- torney Martin will have-to advise before any statement can be made on this matter. Mayor Hill reported that the Virginia Municipal League, at its convention, took a very positive stand against the General Assembly 'unionizing public employees. Also, annexation was discussed, with the League recommending that the figure of 5,000 be retained before a town may' go to city status. The Commission report to be presented to the General Assembly recommends 25,000, with a population of 200 per acre, and the Counties do not want this. Governor Godwin gave a very positive and stirring speech, with particular attention to the effect of unionizing public employees and the State expenditure. Mayor Hill opened a Public Hearing on amendments to Sec. 19-14. 1 and Sec. 25-7. 1 of the Town Code. There was no-one to speak either for or against these amendments, therefore, the Public Hearing was declared closed by Mayor Hill. On motion of Councilman Titus, seconded by Councilman Orr, the follow- ing Ordinance was proposed: BE IT ORDAINED, that the first paragraph of Sec . 19-14. 1, Availa- bility charge, of the Town Code of Leesburg, Virginia is hereby - amendedto read as follows: Sec. 19=14. 1. Availability charge. In addition to the above fees, there shall be an availability charge. This charge shall apply to every sewer tap application and shall be a fixed charge, based on type of land use as stated below, and shall be due and payable prior to the issuance of a zoning permit. • Mr. Harry Burt explained that this merely deletes language that could be in- terpreted as earmarking revenues for specific items. This also is true of the Sewer Ordinance. - The Ordinance was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Titus, seconded by Councilman Rock, the follow- ing Ordinance was proposed: BE IT ORDAINED, that the first paragraph of Sec. 25-7. 1, Availa- bility charge, of the Town Code of Leesburg, Virginia is hereby amended to read as follows: Sec. 25-7. 1. Availability charge. In addition to the above fees, there shall be an availability charge. This charge shall apply to every water tap application • and shall be a fixed charge, based on type of land use as stated below, and shall be due and payable prior to the issuance of a zoning permit. Councilman Rock said the same basic explanation as the Sewer Ordinance ap- plies, thus making this charge a part of the system revenue. The Ordinance was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. 144 MINUTES OF SEPTEMBER 24, 1975 MEETING. On motion of Councilman Titus, seconded by Councilman Rock, the follow- ing resolution was proposed: BE IT RESOLVED, that Contract W-II-73-Water Transmission Main-- a part of HUD Project WS-VA-79--be awarded to W. C. Spratt, Inc. , for the bid price or $439, 194.50, contingent upon approval of the contract documents 'by the Town s Attorney, upon concurrence in the award by U. S. Department of Housing and Urban Development and upon obtaining County Supervisors' permit. •• It was understood that the contractor would be present tonight, however, Mr. Hawthorne advised that he could not get here tonight. Mr. Hawthorne said that the contractor has been thoroughly checked out - all of his references were good. He personally spoke to the Director of Utilities in Henrico County and his rating was good to excellent. The Financial and Experience form was attached to the Manager 's Report. It was felt by several members of Council that the contractor should be present - they would like to see the man with whom they are spending half a million dollars. ' Council asked Mr. Hawthorne to have the contractor here at the next Council meeting. Mr. Hawthorne said the bids ranged from $440,000 to $753,000 for this part of the project. This one was low by approximately $17,000. The resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Titus, seconded by Councilman Newman, the follow- ing resolution was proposed: BE IT RESOLVED, that Contract W-III-73 for construction of a 1.5 million gallon water storage tank and concrete foundation--a part of HUD Project WS-VA-79--be awarded to Pittsburgh-Des Moines Steel Company for the bid amount of $694,620.00, contingent upon the Town Attorney s- approval of the contract documents, upon HUD con- currence and upon obtaining County Supervisors ' permit. Mr. Hawthorne said that four (4) companies 'took out plans and this made it a 111competitive bid, however, there were only two (2) bids,. this one being low by $37,000.00. He said that this is a very substantial Company - they do a large percentage of the work in this area and are presently constructing a 1 million gallon tank at Herndon. Councilman Titus asked Mr. Hawthorne to be present before the Board of Supervisors on October 7th, when the Town will be seeking a Commission Permit . Mr. Hawthorne said both. of the contracts are for 12 months, and the clock starts winding when the contractor receives no- tice to proceed. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. There was lengthy discussion concerning the hiring of an inspector to oversee construction of the water transmission line and. elevated tank. Coun- cilman Titus said this project will run 1.2 to 1.3 million dollars and the Town needs some additional projects to fulfill the full amount of the Grant ($957,000) . The Public Works Committee discussed this and felt that the hiring of an inspector for this job would be one of the ways to increase the project. Mr. Hawthorne said he has discussed this with HUD, with the possi- bility of adding a water line connection from this Plant to the proposed Water Plant and adding parts of the reduced scope Water Plant. He has a meeting scheduled with HUD for September 30th to go over prospective proj- ects in order that the Town might get the most out of its grants. He felt that an inspector, provided by either the Town or Johnson and Williams, is a necessity. He estimated that the cost for an inspector would be approxi- mately $40,000 per annum on a billing basis through his firm. His basic duties would be to check quantities, be sure that the specifications are being followed, sign the monthly estimates from the contractor, etc. His actual salary would be $15,000, with the other $25,000 going to Johnson and Williams for such things as social security, retirement and hospitalization benefits, sick leave, vacation and supportive staff back in the office. Councilman Titus felt that, eventhough the cost seems high, somebody should be on the job full time to keep notes, check rock quantities, to:.make sure everything is being done properly and to report to Johnson and Williams. Mr. Hawthorne said a $15,000 inspector would be very competent to handle this type of work, although he probably would not be a Certified ProfessioralEn- gineer. On motion of Councilman Rock, seconded by Councilman Titus, the 145 MINUTES OF SEPTEMBER 24, 1975 MEETING. following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the Public Works Committee is hereby authorized and directed to work out the details of hiring a full-time inspector • to oversee the construction of the proposed water transmission line and elevated tank, and report back to Council with specific recom- mendation. Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. Mr. Harry Burt of Daniel A. Robinson & Associates reported on a meetings in Richmond last week which he, in company with Mr. Martin and Mr. Timber- lake, had with a representative of Hunton, Williams, Gay and Gibson, bond attorneys; with a representative of the State Commission on Local Debt and with a representative of the Farmers Home Administration. As a result .of these meetings, he had the following recommendations: (1) That the Town engage the firm of Hunton, Williams, Gay and Gibson, bond attorneys. A bond ordinance is needed and should be in agreement with previous bond ordinances on outstanding debt for the system, particularly the 1.5 million dollar bond issue still outstanding. (2) The idea of squeaking into the general election any kind of refer- ' endum has gone by. It would have to be in a special election - perhaps in connection with the Councilmanic election next spring. The Town needs an economic feasibility study and he recommended that a request for a specific proposal to get this be made. He understood that estimates for such a study are just about ready and he will be meeting with Mr. Hawthorne concerning this on Friday. (3) He recommended that the Town keep open an option of going to the Farmers Home Administration for money - they are not very optimistic about getting money in a hurry - they are allocating 1978 money now. On the other hand, the Town can undertake construction on short term notes at its own risk, and the risk may be worth it because the debt service will be about $58,000 from FHA, compared to about $98,000 for bonds on the market today. Since the pre-application is already in, he recommended that this be pur- sued. (4) It was the recommendation of all parties that the Town prepare to have its bonds rated. There followed discussion and questions to Mr. Burt concerning these matters. 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 engage the firm of Hunton, Williams, Gay and Gibson of Richmond, Virginia to act as the Towns bond counsel in a prospective bond issue for additions to the water and sewer system. Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. - On motion of Councilman Titus, seconded by Councilman Bange, the follow- ing resolution was proposed and unanimously adopted, as shown: ' BE IT RESOLVED, that the firm of Johnson and Williams be requested to submit to the Town a proposal for an economic and or financial feasibility study of the Water Treatment Plant, said proposal to be submitted on or before October 10, 1975. Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the fol- lowing resolution was proposed: 146 MINUTES OF SEPTEMBER 24, 1975 MEETING. BE IT RESOLVED, that the Town Manager be and he is hereby author • - ized to have VEPCO install new street lights as follows: 1 - 7,000 lumen on existing pole at a point approximately midway between Wildman Street and Woodberry Road on North Street (Annual cost - $52.03) . 1.- 7,000 lumen on an existing pole at a point approximately midway between Woodberry Road and Prince Street on North Street - (Annual cost - $52.03) . 1 - 7,000 lumen on an existing pole in front of the Spates residence on Edwards Ferry Road -(Annual cost - $52.03) . Councilman Newman explained that the Committee feels these lights are needed now and that lights on South Catoctin Circle will be considered at a later date. The resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Rock, seconded by Councilman Bange, the follow- ing resolution was proposed: BE IT RESOLVED, that the Town Manager is hereby authorized to pro- ceed with obtaining two new well sites, in accordance with the re- port received from Mr. Donald Foss, North American Exploration, Inc. geologist, site number one to be located in Andover Meadow, 275 feet east of the original Andover Meadow site, and the second site to be located on land presently owned by the Virginia Depart- ment of. Highways and Transportation, approximately 110 feet north of Station 21+00 on the road to the National Children' s Rehabili- tation Center. There was considerable discussion concerning the Highway Department site. Mr. Devero said the Town has sent the permit, along with the $5.00 fee, back to the Highway Department. When approved, this will give the Town access to drill a well on this property, with certain conditions spelled out. Among these conditions is the statement that this permit "does not give the permittee claim to the well when dug. " Council did not feel that money should be spent on this well unless a 90-day option;. with right of first refusal, is obtained. The resolution was then adopted by a vote of 6 for, with Councilman Titus absent at the time of the vote: • Aye: Councilmen Range, Chamblin, Newman, Orr, Rock and Mayor Hill Nay: None. On motion of Councilman Bange, seconded by Councilman Newman, the fol- lowing resolution was proposed: WHEREAS, a contract was entered into between the .Town of Leesburg and Burner Well Drilling, Inc. for the drilling of test wells on a site in Andover Meadow and on a site in Virginia Knolls on Aug- ust 14, 1975, and WHEREAS, the depth at which water was encountered on the Andover Meadow site was not sufficient to meet the requirements of the Virginia State Health Department and the contractor was instructed to seal and abandon this test well, and WHEREAS, a new site in Andover Meadow has been recommended by a 11 geologist and the owners of said property have agreed to exchange this lot for the first well site, and WHEREAS, it is anticipated that this site will be inspected and approved by the State Health Department on September 25, 1975, • NOW, THEREFORE, BE IT RESOLVED that, upon approval of the Town Attorney, the Town Manager be and he is hereby given authoriza- tion to renegotiate the contract with Burner Well Drilling, Inc. to include the following: (1) The contractor shall be compensated for remobilization in an amount not to exceed $1,500.00; 147 MINUTES OF SEPTEMBER 24, 1975 MEETING. (2) The contractor shall proceed with the drilling of a test well on the new Andover Meadow site at the same unit prices contained in the original contract dated August 14, 1975; and (3) At such time as a preliminary yield test indicates that fur- ther development of the test hole is appropriate, the con- tractor shall proceed to complete the well at the same unit prices contained in his proposal submitted and attached to the contract dated August 14, 1975. Mr. Devero explained in detail just what has happened thus far concerning the Andover Meadow sites. Mayor Hill inquired as to the cost of completing a well. Mr. Hawthorne said the cost is estimated to be $9,024.00 - this to test the well and to make it ready to install the pump. The question arose as to whether or not there is anything in writing concerning: the second Andover Meadow site. It was felt that an agreement should be entered into concerning the exchange of one lot for another, with Town Attorney Martin agreeing and stating that he will represent the Town in this matter. Mr. Devero further explained that he is desirous of negotiating with Burner Well Drilling in order to get them back in here next week. He said the State Health Department will be here tomorrow morning to look at and ap- prove the sites and he will be meeting with a representative of Burner Well Drilling in the afternoon. With the understanding that there will be another resolution concerning the second Andover Meadow site, the reso- lution proposed above was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Titus, seconded by Councilman Orr, the follow- ing resolution was proposed: BE IT RESOLVED, that the Town Attorney is hereby requested to pre- pare a Deed of Exchange between the Town of Leesburg and Sorensen Construction Corporation, with the Town obtaining proposed Lot 13 in Andover Meadow, with pro�xer and adequate easements of ingress and egress and utilities, in for the lot previously con- veyed to the Town by Sorensen Construction Corporation, and BE IT FURTHER RESOLVED, that W. W. Wilson is hereby requested to prepare a plat and metes and bounds description for the said Lot 13 and its attendant easements, and BE IT FURTHER RESOLVED, that Mr. Lester Sorensen is requested to submit, in writing, his conditions to the Deed of Exchange, and that such conditions be submitted to the Town Attorney and Mayor for their approval, and BE IT FURTHER RESOLVED that, if the State Health Department re- jects proposed Lot 13 in Andover Meadow as a proposed well site, then this resolution is null and void. There followed discussion, with Councilman Chamblin pointing out that there will be no Deed of Exchange if the Health Department does not approve the lot or if the Sorensens stipulations are not acceptable to the Town Attorney and the Mayor = this resolution does not say the Deed of Exchange will be recorded. It would be executed and recorded only if the test well is satis- factory. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayr. Hill. Nay: Noneo Councilman Orr left the meeting at this time. On motion of Councilman Titus, seconded by Councilman Range, the follow- ing resolution was proposed for purposes of discussion: WHEREAS, in view of problems related to obtaining a test well site in Virginia Knolls, another site has been recommended by a geologist on property now owned by the State Highway Department, and 148 MINUTES OF SEPTEMBER 24, 1975 MEETING. WHEREAS, it is anticipated that this site will be inspected and _ approved by the State Health Department on. September 25., 1975, 'NOW, THEREFORE, BE IT RESOLVED that, upon approval by the Town Attorney, the Town Manager be and he is hereby given authoriza- tion to enter into negotiations with Burner Well Drilling, Inca ' for a Change Order to the present contract of August 14, 1975 to add the Highway Department site at costs not to exceed those recommended by Johnson and Williams in a letter dated September 23, 1975. There was lengthy discussion concerning acquisition of this land, with Town Attorney Martin recommending that the Town would have to have firm agree- ments •with the Highway Department as to what they would be buying and what they would pay for it. Mr. Devero then recommended that Council not con- sider this resolution - the Town Attorney has advised that 'it is too big a project to make a Change Order to the present contract and a new site would probably have to be re-bid. It was felt, however, that the Health Depart- ment should look at this site while here- On. o i_on of Councilman Rock, seconded byCouncilman Titus, the following sresolution was proposed: BE IT RESOLVED, that this matter be referred to the Public Works Committee for appropriate disposition. Councilman Titus asked Mayor Hill to go with him to see Mr. Connock to express the Town' s view that they would like to get this settled as soon as possible. - If they get no satisfaction there, they will go to Culpeper and on to the Governor if necessary. The resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill. Nay: None. Mr. Hawthorne explained that Mr. Devero was trying to get good prices on this well while both Sydnor and Burner are already in Town doing work. How- ever, the problem seems to be getting title to the land. He felt that we might get better prices by bidding. IT was suggested that Mr. Devero have the bid documents prepared if Mr. Eggborn of the Health Department approves the site. On motion of Councilman Newman, seconded by Councilman Rock, the fol- lowing resolution was proposed: BE IT RESOLVED, that the Town Manager is authorized to purchase four radios from Motorola, at a cost of $915.00 pei unit, and BE IT FURTHER RESOLVED, that the amount of $3,660.00 is hereby ap- propriated as follows: $1,830.00 - General Fund, #10110.804 915.00 - General Fund, #10200.804 915.00 - Utility Fund, #10120.804 Councilman Newman explained that these radios are for Town crews, two to go to the Street Department, one to the Utility Department and one to the Town Shop. These are mobile units that can be moved from one piece of equipment to another. The resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, - Titus and Mayor Hill. Nay: None. hQIDC JSsivxxcd 7Q7QPuddomodtempixi xxxo camixotS7 $7KiWFaTX7 ictxteC? aixx On motion of Councilman Newman, seconded by Councilman Rock, the follow- ing resolution was proposed: BE IT RESOLVED, that the Town Manager is authorized to advertise. for bids for a Town Shop garage. After explanation by Councilman Newman and Mr. Devero, the resolution was cnani- mously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill. Nay: None. 149 MINUTES OF SEPTEMBER 24, 1975 MEETING. • On motion of Councilman Bange, and seconded by Councilman Rock for dis- cussion purposes only, the following resolution was proposed: BE IT RESOLVED, by the Town Council of the Town of Leesburg, that a request from Charles F. Speacht, III, trading as Auto-Rite, Inc. , for a waiver of Site Plan requirements, in accordance with his letter dated August 12, 1975, be and it is hereby granted. Councilman Bange explained that Mr. Speacht desires to put an extension on his building on the westward side, to be used as an inspection bay - .there is no water or sewer connected to this request. Councilman Rock asked what is I being waived. Mr. Forbes explained that this would waive the requirement for a professional engineer or architect to prepare an elaborate set of plans and a long check-list. All Mr. Speacht has to do is submit a sketch showing the dimensions and he (Mr. Forbes) could issuer:a zoning permit - he felt that this is the reason the Zoning Ordinance states that there may be a waiver of requirements - for very simple matters. Mr. Forbes further explained that a site plan is not required for a single-family dwelling, but it is for a duplex. Councilman Bange said the committee from the Planning Commission took pictures on the site and recommended the waiver to the Commission. A roll call vote of 4 to 2, as shown, adopted the resolution. Aye: Councilmen Bange, Chamblin, Newman and Mayor Hill. Nay: Councilmen Rock and Titus. On motion of Councilman Bange, seconded by Councilman 'Newman, the fol- lowing resolution was proposed: BE IT RESOLVED by the Town Council of the Town of Leesburg, that , a request from Dr. Donald R. Lubin, optometrist, for a waiver of Site Plan requirements, in accordance with his letter dated Aug- ust 18, 1975, be and it is hereby granted. Councilman Bange explained that this property is located in back of Dr. White' s office at the corner of Royal and S. King Streets and he is pro-, posing to brick this building on the outside, to be used as office space. Mr. Forbes explained that, any time a dwelling is changed from dwelling purpo gs to commercial purposes, the Ordinance requires a site plan. How•- ever, normally would not even require a zoning permit. Itwas felt by Councilman Titus that this would use more water and sewer and he suspected that Dr. Lubin is buying' it for his own office space as well7lor other offices. This would also require parking facilities. Mr. Forbes said he has parking space in the rear of the building. He has gone before the Board of Archi- tectural Review and had the facade approved. A roll call -vote of 4 to 2, as shown, then adopted the resolution: Aye: Councilmen Bange, Chamblin, Newman and Mayor Hill: Nay: Councilmen Rock and Titus. On motion 'of Councilman Newman, seconded by Councilman Rock, the fol- lowing resolution was proposed: BE IT RESOLVED, that the following appropriations be made: $ 297.04 - 1972 Bond Fund - Washington Post Classified Ad. 1,700.00 - #10200.220-General Fund - Undistributed Maintenance . of Equipment and Auto and Equipment Insurance (sup- plemental appropriation) . 176.20 - #10120.816-Utility Fund - North American Exploration, Inc. ' 82. 50 - #10120.816-Utility Fund - Loudoun Engineering & Surveys - Stakeout Andover Meadow Well Site. 1,500.00 - #10120.806-Utility Fund - Lon W. Havenner & Associates, Inc. - Well house paving - relocation of utilities. 2,731.77 - #10120.818-Utility Fund - Johnson and Williams - Automate and Rehabilitate Myers, Nickels and Paxton Wells (80%) . • 1,622.60 - #10120.818-Utility Fund - Johnson and Williams - Evalua- tion of existing wells-Necessary steps before automation (100%) . • 150 MINUTES OF SEPTEMBER 24, 1975 MEETING. $ 82.00 - 1972 Bond Fund - Johnson and Williams - Prepare neces- sary material for submission to HUD and Clearing House, covering change in scope of project (100%) . r' Councilman Rock pointed out that the $1,700.00 figure for insurance was only $1,500.00 when submitted to the Finance Committee for approval. Councilman Newman explained that Mr. Timberlake had received an additional bill since that meeting. A five-minute recess was declared at 10:45 P.M. , with Council reconven- ing at 10:52 P.M. , with Councilman Titus assuming the Chair. The resolution was then unanimously adopted, -as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Rock, seconded by Councilman Chamblin, the fol- lowing resolution was proposed: BE IT RESOLVED, that the Town Manager be authorized to request the Town Attorney to institute quit-claim proceedings with adjoining property owners of the alley between Loudoun Street and Royal Street, with the provision that all legal fees and recording fees will be paid by the Town. It was ecplained that the Town would be assuming the maintenance of this alley. The resolution was then unanimously adopted, _ as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Bange, seconded by Councilman Rock, the fol • - lowing resolution was proposed: WHEREAS, a request has been received from Pizza Hut for the release of the Performance Bond covering improvements on the site, and WHEREAS, as-built plans have been received and approved, NOW, THEREFORE, BE IT RESOLVED, that the Performance Bond for Pizza Hut. be released upon submission and approval of a mainte- nance bond in the amount of $1, 185.69. Councilman Titus questioned as to what had happened to a storm sewer struc- ture somewhere between the Gulf Station and this structure. Mr. Chaves ex- plained that this was re-done because it was a part of the Fisher-Bishop project. The resolution was then unanimously adopted, as shown: Aye: Coucilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Rock, seconded by Councilman Bange, the fol- lowing resolution was proposed: WHEREAS, a Performance Bond in the amount of $8,296.00 has been received from Paul E. Bradshaw for site improvements on Lots 1, 2 and 3, Parker Subdivision, and WHEREAS, this bond has been reviewed and approved by the Town • Attorney, NOW, THEREFORE, BE IT RESOLVED, that this Performance Bond be approved. After explanation by Councilman Titus, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill. Nay: None. 151 MINUTES OF SEPTEMBER 24, 1975 MEETING. The following appointments were made by Mayor Hill to the. Board of Architectural Review, said appointments to be retroactive to June 26, 1975 and to run until June 25, 1978: Phillip P. Brownrigg Karen U. Jones Dick A. Richards The appointment of a successor to Maurice R. Lowenbach, Jr. will be made at a later date. On motion of Councilman Rock, seconded by Councilman Bange, the appointments made above are unanimously confirmed by the Council. On motion of Councilman Rock, seconded by Councilman Bange, Council voted unanimously to go into Executive Session to discuss legal matters and personnel at 11:02 P.M. Council reconvened at 12:09 A.M. , September 25, 1975. The Town Manager was instructed to inform the owners and the bonding companies on projects Loudoun Hills and B P Oil Company, at the intersec- tion of Route 7 and Fort Evans Road, and Leesburg Square Subdivision that the Council will consider exercising its right under the bonds for im- provements within the rights-of-way at the next Council meeting. On motion of Councilman Bange, seconded by Mayor Hill, the following resolution was proposed: WHEREAS, Edwin K. Cross tendered his resignation as a member of the Leesburg Planning Commission on March :20, 1975, and WHEREAS, Commissioner Cross was appointed for a term of office to expire on December 31, 1978, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, that Benjamin F. Jackson be and he is hereby appointed a member of the Leesburg Planning Commission to fill the unexpired term of Edwin K. Cross. Councilman Bange said the Planning Commission needs a member on the Com- mission - they have been one member short since the resignation of Mr. • Cross. This name was submitted by the Planning Commission. Councilman Rock was very much opposed to this appointment for reasons fortwanting ._ this appointment voiced by Mr. Jackson. The resolution was then defeated by a vote of 4 to 2, as shown: Aye: Councilman Bange and Mayor Hill. Nay: Councilmen Chamblin, Newman, Rock and Titus. There followed further discussion as to a nomination for this appointment, with nothing specific at this time. On motion of Councilman Newman, seconded by Councilman Range, there being no further business, the meeting was adjourned. c/d Mayor Clerk of te Council 1 •