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.
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