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HomeMy Public PortalAbout1975_10_22 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 22, 1975. : 161 A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia on Oc- tober 22, 1975 at 7 : 30 P.M. The meeting was called to order by the Mayor, with Councilman Chamblin offering the invocation, and fol- lowed'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 and C. Terry Titus ; also Town Attorney George M. Martin. Absent from the meeting at this time was Councilman James A. Rock. II The Minutes of the regular meeting of October 8, 1975 were ap- proved as written. Mr. Samuel D. Engle, attorney, addressed Council, seeking a waiver of the site plan requirement of the Zoning Ordinance in order to change a residential . dwelling at 50 South King Street to a com- mercial use, this building proposed to be used as a professional building. He asked that Council ratify and approve the Planning Commission' s action in waiving this requirement. He said they plan no structural change, there will be no heavy traffic -_ (' nine parking spaces have been provided and that this parking area will be either blacktopped or gravelled. The lot is approximately 200 feet_ deep behind the parking area dnd it is felt that this will provide sufficient drainage. Mayor Hill said he had received com- plaints concerning excessive drainage from another business in this area and this was corrected by building a retaining wall . He asked that Mr. Engle' s client agree to correcting any additional run-off if such is encountered and to incorporate this in an agreement be- tween the parties . There was further discussion concerning the type of surface to be used for the parking area and whether or not the present entrance is large enough for the proposed purpose. Alsoodiscussed were water and sewage facilities. Mr. Cecil Jen- nings, real estate representative, felt that it would not be as great as a family with a washer and dryer. Mayor Hill felt that this should be cleared with the Health Department. Mr. Engle II asked that this be included as a contingencysand, if there is ad- ditional run-off, they will have to come back to Council. Coun- cilman Titus commented further concerning water and sewer capacity, however, he saw no major problem at this time. On motion of Councilman Titus, seconded by Councilman Newman, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that a request by Mr. Sam Engle, of Hall , Monahan, Engle, Mahan and Mitchell , for a waiver of site plan ordinance for improvements at 50 South King Street, as shown on the attached sketch, is hereby granted, and BE IT FURTHER RESOLVED, that this request is granted for this facility only, and shall encompass no more than what is shown on the attached sketch. Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and Mayor Hill. Nay: None. Councilman Chamblin stated that this is the third time a re- quest fora waiver of the site plan ordinance has come up in the short time he has been a member of Council. He felt that perhaps II some Committee should look into amending this ordinance. Council- man Titus commented that, when he took this ordinance to the County, Director of Planning and Zoning, he said "You are asking for trouble. " He felt that some discretionary language should be put into the ordi- nance or take this provision out. Mayor Hill asked that the Legis- lative Committee consider this ordinance and report back to Council. Mr. W. W. Wiggins, County Engineer, said he met with Mr. Chaves today concerning a long-existing drainage problem in the neighbor- hood of the Pennington tract, this tractppresently being used for parking during the construction of the new County Office building. 162 MINUTES OF OCTOBER 22, 1975 MEETING. He said they are experiencing drainage from a Town storm sewer back to the property. - in other words, the water is trapped on the Penning- ton tract. He said Mr. Chaves has received a complaint from one of the neighbors concerning this problem, and the County is desirous of correcting the problem as soon as possible. He sought permission to make a tie to the storm sewer that runs parallel to East North Street behind the lots between the Pennington tract and North Street - this would be only a short distance on the the Town'•s easement. Mr. Chaves explained in detail the existing problem on the lot owned by Mrs. Muse at 38 East North Street, and explained what can be done to correct the problem. Councilman Orr felt that this could easily be true - he once lived at 38 East North Street and never experi- enced any water problem. There was additional discussion, with the Council feeling that the Town should cooperate to alleviate this problem. Councilman Rock joined the meeting at this time. On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the Council will grant the County of Loudoun' screquest for the construction of a storm sewer from the Pennington tract to an existing storm sewer north of North Street, provided engineering plans for an under- ground storm sewer system are presented to and approved by the Director of Public Works ; inspection shall be provided by the Town; acceptance, upon completion of the construc- tion, shall be made by the Town and an easement for storm sewer purposes, running to the Town, shall be granted, and BE IT FURTHER RESOLVED, that this permission does not, in any way, infer that the site plan requirements have been waived. for Loudoun County for the Pennington tract, and that a -site plan will be required subsequent to the storm sewer construction if permanent improvements are necessary in the future. There was discussion concerning the submission of a site plan. Mr. Wiggins asked that this be thought of as a temporary measure and, if any permanent construction is to be done, they will furnish a site plan at that time. Mr. Wiggins said they will need some type of entrance structure on the parking lot to receive the water. The resolution was then adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and Mayor Hill . Nay: None. Abstention: Councilman Rock. Mayor Hill informed Council and the public that Acting Town Manager Devero has been out with pneumonia for the last week and a half. He wished him a speedy recovery. Councilman Chamblin thanked Chief Kidwell for erecting the speed limit signs on Dry Mill Road. Councilman Titus asked that the next Public Works Committee meeting be limited to three items, they being (1) the water and sewer moratorium; (2) the contract on expansion of the Sewage Treat- ment Plant and (3) the Town Branch report from DND. He said he at- tended a meeting of the Downtown Business Association last night and there was a certain amount of criticism on the inaction of the Council in the last six to eight months on the sewage problem. He felt this situation should be cleared up and resolved now. Councilman Newman asked if anything has been done about the street lighting on Plaza Drive. Mr. Chaves said he had talked with VEPCO and they will advise further when they receive information on _ this . They did say that this is complicated by the fact that the system has to be underground. On motion of Councilman Bange, seconded by Councilman Orr, the following resolution was proposed: 163. MINUTES OF OCTOBER 22, 1975 MEETING. WHEREAS, Almighty God, in his infinite wisdom, has removed from our midst George J. Durfey, who died in Leesburg, Vir- ginia on October 22, 1975, and WHEREAS, Mr. Durfey served the Town of Leesburg as Council- man from August 1954 to August 1957 , and WHEREAS, Mr. Durfey served the Town of Leesburg as its Mayor from September 1957 to August 1959, and WHEREAS, Mr. Durfey was a respected citizen and active civic leader, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, that the Mayor and Members of Council do hereby extend to Mr. Durfey' s family their deepest sympathy in this their hour of sorrow, and BE IT FURTHER RESOLVED by the Council for the Town of Lees- burg, that this resolution of respect be spread upon the minutes of this meeting, and that a copy thereof be sent to Mr. Durfey' s widow, and that a copy be forwarded to the Loudoun Times-Mirror and WAGE. Mayor Hill said Mr. Durfey was a very conservative dedicated man and he was very helpful to him as a Councilman and as Mayor. He felt the Town would miss his input in the community. He said he was a very fine gentleman. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. Councilman Titus felt that the Town should "get moving" on the Town Branch storm sewer project, using Revenue Sharing funds. He 111 asked for an expression from the Council to go ahead and make some planning' efforts in this direction andcommit some ofthis money to this construction: He said that several people at thelmeeting last night expressed a desire to enlarge the parking lot, but, if you do this, you create more storm drainage. Councilman Rock felt that all that is needed is a resolution to proceed with this . It was felt that the Public Works Committee should work on this at its next meet- ing. Mayor Hill commented that he has been making some of the decisions in the Town Office while the Manageiis out sick and finds it not so easy.. He reported that a well was drilled on the Andover Meadow property, but there was no water when they got down to 500 feet, so the Town will not need this land. On motion of Councilman Bange, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that Performance Bond in the amount of $262, 534. 80 from Shor-Leesburg Associates and Hartford Accident and Indemnity Company for improvements to be installed at Heritage Square is hereby approved, and BE IT FURTHER RESOLVED, that personal promissory note from Shor-Leesburg Associates in the amount of $24, 000 as security for the above-named project is also hereby approved. Councilman Bange explained that the $24, 000 personal note is sub- mitted because the Performance Bond was this much short when Mr. Chaves checked ; the plans. This note has been received and':ap- proved by the Town Attorney. Mr. Shor. said, with permission from the Town, they are ready to start tomorrow. The. resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Na :yNone. • 164 • MINUTES OF OCTOBER 22, 1975 MEETING.- On EETING:On motion of Councilman Titus, seconded by Councilman Orr, the following resolution was proposed: BE IT RESOLVED, that the Loudoun County School Board be informed that it may proceed with-the construction of the Leesburg Middle School Trunk Sewer, but that said Trunk Sewer shall be accepted as a part of the Town' s sewer system provided all of the following conditions have been met : (1) The School Board shall execute the Sewer Extension Permit, in accordance with Section 19-22 of the Town Code of Leesburg; (2) The School Board shall secure proper access to the trunk sewer line from the adjacent property owners ; (3) Approval by the Town of conditions of Virginia De- partment of Highways and Transportation permit; (4) The School Board must obtain County Supervisors ' permit; (5) The School Board must obtain County Planning Commis- sion permit; (6) The Town has the right of inspection of the sewer line, in accordance with Town Standards and Speci- fications ; (7) The School Board shall install a water meter at the well site; (8) Review by the Director of Public Works and approval by the Town Council of easements and conditions of easements, said easements to run to the Town; (9) All prior agreements made for connections to the sanitary sewer system must be submitted to the Town . for review and approval; (10) The School Board shall grant a right-of-way to the Town for the purpose of maintaining the sanitary sewer lines through its property; (11) The School Board shall provide gates for vehicular access at all fence crossings on the easements; (12) . The School Board shall provide one-year Maintenance Bond, after acceptance. of work by the Town, in the amount of 15 per cent of the total contractual price; (13) All other applicable Town ordinances not specified in Items 1 through 12, and BE IT FURTHER RESOLVED, that the Town Attorney shall re- view and approve all easement agreements, bond forms and any and all permits needed forthe construction of the sanitary sewer line. Mr. J. B. Vorous, Leesburg' s representative on the School Board, said the School Board is agreeable to anything within reason and asked that they be furnished a copy of this resolution in order that they might review it. He felt that the majority of these requirements present no problem, however, they are, involved in approximately four, five or six months in 'construction of this sewer line. This facility will serve the residents of Leesburg and Loudoun County and they hope to open in September of next year. He introduced Mr. Leonard Warner of the Dulles District and Mr. Lonnie Bridges , Supervisor of Construction with the School Board. Mr. Vorous said the School Board is totally agreeable to cooperation and is dedicated to doing what is in the best interest of the people in Leesburg and Loudoun County. The Board would 165 MINUTES OF OCTOBER 22, 1975 MEETING. like a clearunderstanding as to what the Council wants and then evaluate it and come back with a response. Mayor Hill felt that this resolution clearly states what the Town would like and the Council is willing to discuss it. He said they will be furnished with a copy of the resolution. and, if they think there is anything unreasonable, they can come back and discuss it again. Mr. Vorous felt that it is incumbent upon the members of the Council and the School Board to reconcile these differences before they are blown out of proportion. Mayor Hill felt that this resolution delineates what the Council wants, and suggested that they resolve it now. He spoke of the requirement that a permit must be secured from the Board of Supervisors and one from the Highway Department. He felt that these items were spelled out so that the School Board might overcome any problems . Mr. Vorous said they have overcome the Highway Depart- ment permit. Mr. Vorous asked what is meant by securing access to the line from adjacent property owners . Councilman Titus and• Mayor Hill said that, if the Town can use the Stowers fences for access to the sewer line, this would save the School Board money in that they would not have to construct a fence, and the Town would be agreeable to this . Mr. Titus said this has been a most complex inter-jurisdictional problem and he felt better dealing with them on this level tonight, as opposed to having to deal back and forth with the School Board. Mr. Vorous said the School Board wants to deal with the Town on the most agreeable terms and he is totally cooperative. He asked that the Mayor or a member of Council contact him when any School Board matter is on the Agenda for the Town. Mr. Warner amplified Mr. Vorous ' remarks and said that the Supervisors will be petitioned for the proper permit on November 13th - the Planning Commission has already approved it. The State has already submitted the official papers to the School Board for execution - this for use of the limited right-of-way-and-these have been returned. He added that he was happy to be present tonight. Mayor Hill asked if the permit delineates the conditions of the permit. Mr. Bridges said it does - it deals with construction on the right-of-way, vehicular traffic and the contractor and the permitee will absolve the State of all damages, etc. The con- tractor will, in turn, absolve the School Board. Mayor Hill said there are two other permits to be secured as well . Mr. Bridges said they already have the one from the Planning Commission, but have to wait until the Supervisors meet to secure the permit from them. • Councilman Titus asked to whom the Highway Department permit runs . Mr. Bridges said it runs to the School Board. Mr. Vorous said they are really not in a .position to react tonight, but would reserve the right to look over these provisions and come back to Council at a later date. He saidathey would like the Council to deal with them as the County Sanitation Authority does - . in this way . they would be relieved of any bond. He suggestedthatthe Town take over the bidding of the sewer and take it from there, and the School Board would fund it. It was decided that a representative from the Town would be present for the next School Board meeting on November 11th to discuss this. Mayor Hill asked that Mr. . Vorous and Mr. Warner relate to the Board that the Town- of Leesburg is not some foreigner - the Town realizes that they are dealing with the entire County, and he would ask that the School Board recognize that the Town deserves the same recognition - they are all looking at this jointly. Mr. Vorous was not aware that any Mayor or member of the Council had been offended by any member of the School Board, but said that it is certainly his intent to treat any person with the utmost dignity. Mt. Bridges said he understood this to allow the School Board to enter into a contract, provided these conditions are met, and they will not hook to the Town' s sewer system until all conditions have been met. He understood that this is based on the School Board con- tracting the bond from the contractor back to the School Board and the School Board's personal bond to the Town. Mayor Hill said this is correct. Councilman Titus suggested that Item 12 be taken care of by putting the contract to the School Board. Mr. Bridges said they will have a one-year guarantee on the sewer line in the contract. Mr. Vorous felt that some member of Council should meet with the School Board and discuss this more in detail .so that there will be 166 MINUTES OF OCTOBER 22, 1975 MEETING. no snags on down the line. Councilman Titus suggested meeting before the School Board meeting. Mr. Vorous was most agreeable to this. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. Mayor Hill recognized Mr. Robert Harris, attorney for East Lees- burg Hills . Mr. Harris said that Council has previously considered the rezoning of East Leesburg Hills when the applicant was not aware that the Council was going to consider it. This property is outside of the one-mile jurisdiction of the Town and is located onthe south side of Route 7 heading east across from the old Harper property and contains 330 acres. It is proposed to construct 652 units, with ap- proximately 2 to 3 unit- density per acre. Under a new law, appli- cation for rezoning will have to be acted upon by the Board of Super- visors by December 31st. They are going before the County Planning Commission Tuesday night. He understood that the resolution adopted by the Council, in essence, stated that the rezoning of the land at this time would be premature. There is a difference, inohislopin- ion and from a legal standpoint, between premature rezoningand pre- mature development. Hesaid the applicant will not request sewer or any other facility until such time as all of ,the area within the Town of Leesburg has been sewered or provision made for same. There would be phased growth in this development - it would be phased over a 7 to 10 year period, with less than 100 units built each year. The applicant is willing to provide land if it becomes necessary to expand the present Sewage Treatment Plant. The gas line will be coming through this property, so there may not be as many as 652 units. The plan, as drawn, conforms with the County' s Comprehensive Plandand the Master Plan for this particular area. Density is one of the lowest anywhere in the County and this is putting the land to its highest and best use, which will not ultimately be unfavorable to the Town. It is felt that this is a natural use. of the land be- cause it runs up to VEPCO' s wide easement and that of the Gas Company - there is also a third easement.: It is felt that' this . is a natural buffer between their land and the industrial landlying. on the other side of these easements. There arose a question at the Public Works 11/ meeting concerning the 81 acres-that they are asking to be zoned A-3 - this being on the other side of the right-of-way. The only way to sewer this property would be to install a pump station, the cost of which is so prohibitive that it would make this 81 acres valueless. If they were going to start immediately and request sewer immediately, then he would agree that it is premature. He asked that the Town not oppose this - failure of the Town to provide sewer has been used in some instances as a justification for not rezoning the land - and he .does not feel that this would be premature rezoning. It will not be built until such time as the Town has sewerand makes it available to them. He asked that Council reverse its prior de- cision and either take no position or take the position that they do not oppose the rezoning of this land. Mr. Rosser Payne, Planning Consultant for this project, exhibited maps to Council members, explaining in detail the zoning being ap- plied for and said it is in complete conformity with the county' s Comprehensive Plan. There were questions by Council members and Mr. Payne answered these. He said there would be 753 units, with a maximum of 2400 inhabitants over a 7 to 10 year period - or approxi- mately 240 people per year. Mayor Hill said he voted with the Council at the last meeting, although he was not fully prepared to vote. First, he did not rea- lize this is without the one-mile jurisdiction of the .Town. Second, the Town can take. a stand thatmight help .the County to vote against rezoning if they so desire. He hoped that Council realizes fully that the. Town legally has no jurisdiction. over this - it is just an expression of how the Council feels .; He .was glad that Mr. Harris brought this matter before the Public Works Committee and then to the entire Council and he hoped Council would take - this. into consideration. He did feel that Councilman Titus ' point concerning the fact that in the future this property will probably be annexed by the Town and perhaps the Town should wait until such time as it is. annexed before it takes a position. However, he had no idea when the Town might move in this direction and, until there is some indication of this, he felt the Town should express its thought. 167 MINUTES OF OCTOBER 22, 1975 MEETING. Councilman Rock felt that Council answered a request from Mr. Trocino last time and there were two proposals . If Council desires to reverse its decision, it should be done concerning both of these proposals and they have heard from only one of these. He felt that there should be a proper resolution from the Public Works Committee. Councilman Orr said this is the third time in a month that this type of thing has happened - a proposal is made or requested by let- ter and the interested parties do not appear before Council. Often the Council does not get all of the facts. He felt that the inter- ' ested parties should be at the meeting. Mr. Payne and Mr. Harris both said they would have been here had they known the situation. Councilman Titus said that he believed Mr. Harris ' discussion with Mr. Devero had centered around water and sewer. Only in two instances at the last meeting was water and sewer mentioned. He made the statement that the water and sewer issue was not relevant at this moment and that the issue was the rezoning of the property. He said the Town will always retain the control as to whether or not a connection may be made to the Town' s system. The main thrust centers around the construction of the project - as to how close it is to the Town, with the approach that it would be "leap-frogging" development; the rezoning of the property and the question of future annexation. He felt that, if Council wants to reconsider or pro- pose a different resolution, it should deal with these three issues. His position has not changed because he feels that, in the foresee- able future, the Town will annex this area and will maintain control of zoning at that time. If Council should recommend to the County that this area be rezoned at a higher• density than the Town might request in its annexation petition, it would probably be met with strong resistance from the applicant. He felt that there is a long way to go on the water and sewer issue and on filling up the Town as it now stands or in any future annexation. His position is still that any rezoning is premature and could be detrimental to the ulti- mate development of the Town. Mayor Hill said the resolution from last meeting did include the Tuscarora development and no representative has appeared to . make any indication of their request. He did not feel that• the resolution should be rescinded in its entirety - if they-were here to make a request then they should be considered as well . If Council does not wish to revoke or change the resolution, then this is Coun- cil ' s thought. Councilman Titus said he understands Tuscarora has withdrawn its application for rezoning, but this is not definitely known. - • Councilman Chamblin said he voted for the resolution last time and his position has not changed. However, he agrees with their concept and thinks they have a good plan, but he would like the Town to wait for annexation and then have the control over the zoning. Councilman Rock agreed with this . Councilman Bange said he made his feeling known at the last meeting. Mayor Hill thanked Mr. Harris and Mr. Payne for being present and making their position known, although there is no further action by Council at this time. • Mayor Hill recognized Mr. Lonnie B. Bridges again, this- time concerning . a letter from him asking for a waiver of inspection fee for the Loudoun County Vocational Technical Center. Mr. Bridges asked, at this time, that the entirerifee be waived - this in the amount of $318. 72. Councilman Titus felt that the new type of heating system should be considered. Mr. Bridges said that a solar heating system is proposed, but they do not know what might be available four to six months from now, but they will take advan- tage of the best available and in the best manner then can. There was some confusion as to what these fees are for. Mr. Forbes ex- plained that x-plained- that the initial fee ($159. 36) is required at the time of submission of the site plan, the other fee is due on review and approval of the site plan - they are referred to as inspection fees. On motion of Councilman Titus, seconded by Councilman •Orr, the fol- lowing resolution was proposed and unanimously adopted', as shown: 168 MINUTES OF OCTOBER 22, 1975 MEETING. BE IT RESOLVED, that the request of Mr. Lonnie B. Bridges, Construction Manager for the Loudoun County Public 'Schools, for a waiver of the inspection fees in the amount of - $318. 72 for the Loudoun County Vocational Technical Center, per his letter of October 21, 1975, is hereby granted. Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: - BE IT RESOLVED, that the firm of Hartzog, Lader and Rich- ards be and it is hereby retained to perform tasks regard- ing The Old and Historic LeesburgDistrict, in accordance with a certain written proposal ated October 14, . 1975 by Thomas W. Richards, President, to Robert C. Forbes, Di- rector Community Development, provided said firm is ap- proved by the Northern Virginia Planning District Commis- sion, and -- -BE IT FURTHER RESOLVED, that the Town Manager be and he is hereby authorized and directed to affix his signature to the proposal as evidence of its acceptance. Councilman Newman explained that the Committee on The-. Old- and His- toric District met with two firms concerning the work and the firm of Hartzog, Lader and Richards was chosen. Mr. Forbes- said six firms expressed an interest, but only two were interviewed. Mr. Tom Richards, President of this firm, explained that- their pro- posal is for analyzing and developing additional concepts for the implementation of the Old and Historic District ordinance. He said the proposal parallels the language of the contract executed between the-Town and the Northern Virginia Planning District Commission. Mayor Hill said this contract is in the amount of $12, 000 - $8,000 a grant and $4, 000 from the Town. Councilman Titus was concerned that the State; will app y1yy the plans, rather than the Town. Mr. Forbes pointed out that/prtdvision was a part-of the contract with NVPDC. Mr. Richards said thisi,a standard provision of HUD contracts - HUD levies on the State and they, in turn, levy on the Planning District - it is a provision that is designed to insure that all is ' in compliance with the terms and conditions - of the contract. Mr. Titus was not happy with this provision, he did not feel that the State orderal Government should dictate to the Town. Councilman Rock askedlwhat value is such a report to the Comprehensive.Plan if the Town does not have control over it? Mr. Forbes explained that the Town does have the control - everything they are doing came directly out of the Comprehensive Plan - they are merely trying to implement that Plan. These studies are 701 monies funneled through the State. The State wants to know if this 'meets with the requirements of. the Townls Comprehensive Plan. Mr: Richards said NVPDC approves or disapproves the contractor and' they state that the work' of -the contractor is satisfactory for the final 10 per cent payment. This does not mean that theysapprove the suggestions, recom- mendations or conclusions contained in the report. It is up to the Council to determine whether they wish to implement or reject the recommendations or suggestions contained in the report. 'Councilman Rock asked where the Town would stand, in terms of the NVPDC, if it does not adopt the recommendations of the report. Mr. Richards saidd NVPDC would have to complete the 10 per cent funding of the contract. He said the Town can accept the report and not accept the recommenda- tions . Councilman Titus asked what body of the Town. does the con- tractor work with. Mr. Forbes said the contractor reports to the Committee and the Committee reports, through' the Planning Commission, to the Council . Mr. Richards understood that his firm would be work- ing under the general supervision of Mr. Forbes . The Comprehensive Plan will be used as a guide. He said there will be two products of the report - (1) The Town will have recommendations in terms of what can be done, if it desires, to further historic preservation in the heart of Leesburg; and (2) the Town will have data and information to be used in land use considerations . The resolution was then adopted by a vote of 5 to 2 abstentions, as shown: 169 MINUTES OF OCTOBER 22, 1975 MEETING. Aye: Councilmen Bange, Newman, Orr, Rock and Mayor Hill. Nay: None. Abstention: Councilmen Chamblin and Titus . Councilman Orr left the meeting at this time. Councilman Newman advised that the Finance and Administration Committee has discussed a letter from VEPCO requesting that the Town allow them 3 per cent of the utility taxes collected for their administrative costs . It is the feeling of the Coumiittee that, un- til such time as the General Assembly enacts legislature concerning this, the Town is under no obligation to pay this. Councilman Bange said he understands the County is taking this view also, and it has been stated that, when this 3 per cent is withheld by VEPCO, the taxes will be decreased by this amount, thus necessitating a tax increase to make it up. It was the general consensus of Council that a letter stating the above facts be written to VEPCO by Mayor Hill. On motion of Councilman Titus, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that Johnson and Williams be engaged to perform the following services in connection with con- struction of the Water Transmission Line and the 1 . 5 million gallon Elevated Tank: Furnish general coordination services and consultation during construction of the projects, to assist in the interpretation of the plans and specifications, to make periodic visits to the sites of the work during progress, to review the progress schedules and certifications of the contractors for payment, review the contractors ' plans and shop drawing details, and to observe the construction pro- cedures of the contractors and subcontractors . The gene- ral coordination services of the engineer do not include superintendence of the construction work, nor does it in- clude resident inspection of the construction work as it progresses . and BE IT FURTHER RESOLVED, that payment shall be made. for these services monthly, upon submission of an invoice and in accordance with the terms of the 1962 contract between Johnson and Williams and the Town of Leesburg. Mr. Neesonnof Johnson and Williams explained that the general con- cept is that Council retains the right to direct the engineer to proceed with each of the three phases : the preliminary study; the design of the facilities, which includes preparation of plans and specifications and, at the time the contracts are awarded, the en- gineer may be directed to carry out the work. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Titus, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that Johnson and Williams be authorized to I/ proceed to develop a Financial Feasibility Study for the reduced capacity, of the Potomac River. Water Supply Project, at a cost. not. to exceed $3, 500. 00, . in accordance with their proposal dated October 9, 1975, and BE IT FURTHER RESOLVED, that this. Feasibility_ Study be sub- mitted to the Town on or before November 26, 1975. Councilman Titus explained that this would be needed for a possible bond issue. Mr. Neeson said they would provide the engineering in- formation necessary to support a bond issue - they would respond to the request of Harry Burt. The purpose is to provide the substan- tial support to the bond issue - to provide information to the bond buyers for the project. The resolution was unanimously adopted, as shown: 170 MINUTES OF OCTOBER 22, 1975 MEETING. Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. Councilman Titus asked if we have received the Highway Depart- ment permit for the water line. Mr. Chaves said, according to the Highway Department here, it is in Richmond. Mayor Hill asked if we have HUD concurrence yet. Mr. Neeson said that, as of Friday, they still have not received it, but he will contact them tomorrow. On motion of Councilman Titus, seconded by Councilman Bange, the following resolution was proposed: WHEREAS, site plan for the development by the Southland Corporation of a lot at the intersection of South King Street and Route 621, Evergreen Mill Road, has been re- ceived, and WHEREAS, in the opinion of the Council , this" site plan does not comply with many requirements of the criteria for the Priority List of August 14, 1974, NOW, THEREFORE, BE IT RESOLVED, that the site plan for the development of the above-mentioned lot be returned to the Southland Corporation for proper submission. Mr. Frank Myers, representing Southland Corporation, asked that no action be takentonight, but that they be advised what is needed. He was advised that the Public Works • Committee must recommend to Council that this be sent back for the proper submission. The reso- lution was then adoptedubyya vote of 5 to 1 abstention, as shown: Aye: Councilmen Bange, Newman, Rock, Titus and Mayor' Hill. Nay: None. Abstention: Councilman Chamblin. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that Virginia Electric and Power Company is herebyauthorized to install a 7; 000 lumen street light on an existing pole at the intersection. of Davis Avenue and Valley View Avenue, at an estimated cost of $52. 03 per year. It was explained that it. is hoped to avert accidents at this location by increasing the light. a'.Thei_resolution was unanimously' adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus_ and Mayor Hill. Nay: None. On i.:oOn motion of Councilman Newman, seconded by. Councilman Rock (for purposes of discussion only) , the following -resolution was proposed: BE IT RESOLVED, that the Town Manager is hereby authorized to purchase a 1976 Ford Custom Police Cruiser from Leesburg Motors, Inc. , at a cost of $4, 832. 00, and BE IT FURTHER RESOLVED, that an appropriation of $4, 832.00 is hereby made for this purchase. There was discussion concerning the purchase of this car, with Chief Kidwell explaining the reasons for purchasing one car locally and another from the State several months apart; also the additional cost over last year' s cars. Councilman Titus suggested that he would like to see them purchase a compact car for unmarked use as a trial. Chief Kidwell said this was tried in 1962 and was not successful . The resolution was adopted by a vote of 4 to 2, as shown: Aye: :_Councilmen Bange, Chamblin, Newman and Mayor Hill. Nay: Councilmen Rock and Titus. 171 MINUTES OF OCTOBER 22, 1975 MEETING. On motion of Councilman Titus, seconded by. Councilnian Rock, the following resolution was proposed: WHEREAS, a petition for water and sewer taps to serve a lot on Edwards Ferry Road has been received from Mrs . Kathleen Campbell, and WHEREAS, in the opinion of the Council, this petition does not comply with many requirements of the criteria for the Priority List of August 14, 1974, NOW, THEREFORE, BE IT RESOLVED,athat the petition be re- turned to Mrs. Campbell for proper submission. Councilman Titus said this petition did not comply in manyrrespects and it was felt that the Town Manager should explain the situation to her. Councilman Bange commented that there is a house trailer on this lot and he has seen lights in it at night. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. It was decided that an item to be discussed - Capitalization of investment on Utility Plant and equipment - be referred back to the Finance Committee for further discussion. On. motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: WHEREAS, a request has been received from The Loudoun Re- bekah Lodge for a waiver of license fee (Itinerant Vendor) for the purpose of holding a Bazaar in front of the Giant Food Store on November 7, 1975, NOW, THEREFORE, BE IT RESOLVED, that a waiver of license fee is hereby granted to The Loudoun Rebekah Lodge. for the purpose of holding a Bazaar in front of the Giant Food Store on November 7, 1975. After some little explanation by Councilman Newman, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Rock;'•, the following resolution was proposed: BE IT RESOLVED, that Herbert Bryant, Inc. be advised that the lot located between Royal and South Streets, formerly known as the Leesburg Grain and Feed Property, be cleaned of all debris by November 7 , 1975, and BE IT FURTHER RESOLVED that, if this property is not cleaned in compliance with this request, the Town may proceed to clean the lot and charge Herbert Bryant, Inc. the cost of said work, and BE IT FURTHER RESOLVED, that, upon failure to pay the Town these costs , legal action may be taken to levy a lien on the property, in accordance with Section 12-13 of the Town Code of Leesburg. After discussion, this resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman; Rock, Titus and Mayor Hill . Nay: None. 172 MINUTES OF OCTOBER 22, 1975 MEETING. On motion of Councilman Titus, seconded by Councilman Rock, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the Town Manager be directed to request bids from several contractors for the demolition of the struc- tures and clean-up of the Herbert Bryant, Inc. property lo- cated on Harrison Street between Royal and South Streets, and BE IT FURTHER RESOLVED, that the Town Manager is directed to prepare a list of specifications for such bidding, and BE IT FURTHER RESOLVED, that the opening of bids be at 4: 00 P.M. on November 3; , 1975. Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the following appropriations be made: $ 50. 00 - General Fund #10010. 262 - Bengtson-DeBell, • Inc. - Amendment to Section IV - Leesburg Sewerage Ordinance. 13650 - Utility Fund #10120. 816 - Loudoun Engineering & Surveys - Stakeout lot, plat and description for new well lot in Andover Meadow. 787 . 50 - Utility Fund #10120. 817 - Bengtson-DeBell, Inc. - Sanitary Sewer Master Plan. 1, 832. 00 - Utility Fund #10120. 263 - Daniel A. Robinson & Associates - SWCB Suit re Study. 4, 648. 00 - Utility Fund #10120. 263 - Daniel A. Robinson & Associates - Rate Study Water and Sewer System. 12. 75 - General Fund #9010. 229 - Armfield, Harrison & Thomas - Additional premium Volunteer Police Accident Policy (supplemental) . Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Rock, seconded by Councilman Titus, Council voted unanimously to go into executive session to discuss legal and personnel matters at 10: 43 P.M. Council reconvened at 11 : 52 P.M. On motion of Councilman Rock, seconded by Councilman Bange, the following resolution was adopted by a vote of 4 to 2 abstentions, ass shown: WHEREAS, a question has arisen as to the status of title to a certain strip of land approximately 9 feet in width and 48. 2 feet in length on the east side of South Wirt Street in the Town of Leesburg adjacent to the Town Mu- nicipal Parking Lot; and WHEREAS, a determination needs to be made of the rights of the Town of Leesburg in and to said strip of land; NOW, THEREFORE, BE IT RESOLVED, that the law firm of Hall, Monahan, Engle, Mahan and Mitchell be retained by the Town of Leesburg to advise the Town of its rights in and to that certain strip of land, approximately 9 feet wide and 48. 2 feet in length, on the east side of South Wirt Street in the Town of Leesburg, lying on the south side of the Leesburg Municipal Parking Lot. MINUTES OF OCTOBER 22, 1975 MEETING. 173 Aye: Councilmen Bange, Newman, Rock and Mayor Hill. Nay: None. Abstention: Councilmen Chamblin and Titus . It is noted that Town Attorney George Martin did not advise Council on this matter due to a conflict of interest. On motion of Councilman Rock, seconded by Councilman Newman, the meeting was adjourned at 11 : 58 P.M. I / . 11/1,12W-7/141 �j Mayor C erl k of t ""e Council�1 I r• ., II st