HomeMy Public PortalAbout1975_11_12 174
MINUTES OF REGULAR MEETING OF' LEESBURG TOWN• COUNCIL, NOVEMBER 12; 1975.
A regular meeting of' the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on No-
vember 12, 1975 at 7 : 30 P.M. The meeting was called to order by
the Mayor, who gave the invocation, and was followed with the, Sa-
lute 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 and
Acting Town Manager E. Wesley Devero. Absent from the meeting was.
Councilman James A. Rock, .
The Minutes of the regular meeting of October 22, 1975 were
approved• as written. ,
Acting Town Manager Devero reported as follows :
(1) The following personnel changes are noted: . _
Harold Gustafson (Water Department) has resigned.
Roger W. Fox (Street Department) will be retiring on
November 15th. The Town Staff wishes him the best
for the future. A Certificate of Appreciation will
be presented to him at the next Council meeting.
Norman C. Frye, Jr. will report for work in the Police
Department on November 15th. Chief Kidwell introduced
Mr. Frye at this time. Mayor Hill welcomed him to the
staff of the Town.
(2) The State geologist will be here on Tuesday of next week to
concerning new potential well sites .
(3) He would like the Public Works Committee to discuss the
Town Branch storm sewer project again at its next meeting - also, the
use of Revenue Sharing funds for this project - there have been new
developments.
(4) He called attention to correspondence presented to Council to-
night, these having to do with: (•l) A legislative conference of
NVPDC to be held on December 18th; (2) A request from the Loudoun
County Bicentennial Committee concerning the log cabin and silver-
smith shop and (3) the Airport Advisory Committee.
(5) Recent flow charts sent with performance sheets to the
State Water Control Board show that flows are down some little over
this current three-month period and this last month was a peak month
due to heavy rains. Also, the effluent quantities are holding up
well and are just about one-third of the SWCB limits .
(6) We have received an area traffic safety report, sponsored
by the Division of Highways, which outlines analysis and recommenda-
tions afrtraffic and safety problems for the intersections of Plaza
Drive at Market Street, Fort Evans Road at Market Street and Harrison
Street at Market and Loudoun Streets. This incorporates accident,
traffic and road conditions, as well as recommendations and attendant
cost estimates. This will be brought before the proper committee.
(7) The following investments have been made:
$200, 000 - 1972 Bond Fund, to North American Bank & Trust
for 90 days at 6. 25 per cent.
100, 000 - Utility Fund, to North American Bank & Trust
for 30 days at 5. 75 per cent.
(8) A written report will be submitted in the next couple of
days, along with additional attachments .
The Town Clerk reported that advance copies of the new Code
should be received by the middle of December, along with adopting
ordinance, etc. , with final shipment to be made 30 days after the
adoption of the Code by Council . This should be sometime after
the first of the year. All Ordinances adopted up to this time will
be included. An estimated cost sheet to print specific ordinances
will be submitted to the next Finance Committee meeting.
175
MINUTES OF NOVEMBER 12, 1975 "MEETING.
Councilman Titus reported the following:
(1) He talked with Mr. Richards today concerning the pile of
debris on the Huntland Homes property next to him. Mr. Devero said
he had received a call from the owner of this property today. He has
been unable to find anyone to do this work and asked that the Town
clean it up and he will pay for it. This will be done on a per hour
basis and cost of fuel and equipment. Councilman Titus asked Mr.
Devero to give Mr. Richards a progress report on this tomorrow.
(2) He has received an inquiry from a member of the Board of
one of the Savings and Loan Companies, who is a' substantial' land-
owner in the corporate limits , as to why bids for investment of funds
are not solicited from the Savings and Loan Associations. He asked
if there is a reason for this . Mr. Timberlake said the Town has
been approached on this heretofore and the Finance Committee felt
that they did not wish to solicit bids from these companies . He
added that they can invest no more than $100, 000, so one of these
investments would not have been eligible. Mr. Titus asked that the , '
Finance Committee discuss this matter again.
(3) He and Mr. Bange met with Mr. Crossman and Mr. Bolen on the
parking problem on North Church Street. It was decided that Mr.
Devero and Mr. Chaves will work with Mr. Bolen and Mr. Wiggins to
clear up this matter, even if it means the placing of parking meters .
(4) Mayor Hill , Mr. Devero and he met with Mr. Chamberlin, Mr.
Bridges and Mr. Vorous last Friday concerning the sanitary sewer
line at the Middle School . He (Mr. Titus) attended the School Board
meeting yesterday and explained the Town' s position. The only prob-
lem the County had was Item 13 of the resolution previously adopted
by Council, this being the all-inclusive ordinances of the Town.
He said the Town Attorney feels that this part of the resolution
may not be necessary if the Town will discuss this with the Con-
struction Manager of the School Board and specify these terms. He
asked that Councilconsider this tonight since the School Board is
in a tight position on this and would like to go to bid. Mr. Devero
said he and the staff have reviewed the Water and Sewer Ordinances
and the permit for extension of water and sewer to the School prop-
erty. They changedthe wording in the contract (the School Board
is using the Town' s contract form) .to indicate that the contractor
will abide by the Town specifications and ordinances . When they
sign this permit, it should cover all areas . Sedimentation is
covered by the County. It is, therefore, felt that Item 13 is not
necessary. Mayor Hill said he talked with Mr. Bridges this evening
and he will meet with the Town staff on Friday morning. On motion
of Councilman Titus , seconded by Councilman Newman, the following
resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED, that Item No. 13, which was included in the
lotion of October 22, 19751directed to the Loudoun County 1 ,
. . & 8rregardingnthehconstruction of the Leesburg Middle School
trunk sewet be -deleted. c
Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and
Mayor Hill .
Nay: None.
A copy of this resolution is to be sent to the School Board and to
Mr. Bridges.
In connection with this sewer line project, Mr. Devero reported
that the Town staff has not yet given its approval on the plans and
will not until the design analysis is received. This is to be sub-
mitted when the plans are submitted and is to be stamped by a certi-
fied engineer. This was received this afternoon and has been checked-
it meets the minimum requirements of the specifications. However, it
has not been stamped. When it is , it will be reviewed again. Mr.
Devero said the meeting on Friday concerns the possible oversizing
of this sewer line in one area. Councilman Titus said Mr. Devero
is working with Mr. Bengtson on this and he - (Mr. Bengtson) suggested
extending some of this line within the By-Pass area. He would like
the Public Works Committee to discuss this - it could be a very
minor cost if done at this time.
•
. •
MRS. GEORGE J. DURFEY
60 NORTH WIRT STREET
LEESBURG. VIRGINIA 22075
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176
MINUTES OF NOVEMBER 12, 1975 MEETING.
(5) Councilman Titus said that, when he attended the School
Board meeting, it was called to the Board' s attention that a letter
had been received from Mr. Curry concerning storm sewer run-off from
the Loudoun County Vocational Technical Center. Their concern was
what the pro-rata share is for. They requested that a copy of the
Study just completed by Bengtson-DeBell be furnished them. There
was no objection by Council to this.
Councilman Bange was concerned that the street lights recommended
by Council on Edwards Ferry Road and on E. North Street have not been
installed = it has been over two months since the Town made this re-
quest. Other areas where it is felt that lights should be installed
are on Plaza Drive and on Wildman Street. Lights on Catoctin Circle .
have also been discussed. Mr. Chaves said the problem on Plaza
Drive and Wildman Street is the fact that these lights bust be
installed underground - he will check with Mr. Shawen of VEPCOd
tomorrow. Councilman Orr suggested writing to the main office of
VEPCO - perhaps this might precipitate some action. It was felt
that a street lighting schedule should be drawn. Mr. Devero said
Mr. Forbes has just completed a map showing all structures in Lees-
burg and it might be wise to connect this and a street light map.
It was also discussed which Committee should discuss this further,
with the feeling being that it should be the Public Works Committee.
Mayor Hill suggested that a representative of VEPCO be present for
the meeting.
A note of appreciation from Mrs. Durfey was read by the Clerk
and is attached hereto.
Mayor Hill reported that Mr. Fred Spain called this evening and
said he has been able to secure backing and will proceed with his
project in Loudoun Hills Subdivision.
Mayor Hill" called attention to a letter received from Jack Wallace
of the Airport Advisory Committee concerning the final report on the
Airport Master Plan. He asked that some thought be given to this as
to a future date for Public Hearing on this . '
Councilman Titus suggested that a letter received from the
Loudoun County Bicentennial Committee concerning funds to be con-
tributed by that organization to the restoration of the log cabin-
silversmith shop be sent to the Loudoun Restoration and Preservation
Society for comment.
On motion of Councilman Newman, seconded by Councilman Orr, the
following resolution was proposed:
BE IT RESOLVED, that the surety bond on the Town Treasurer
be increased from $100, 000 to $300, 000.
1 Councilman Newman explained that insurance on Town employees was re-
cently increased to $150, 000, with the exception of the Treasurer,
who has a separate bond in the amount of $100, 000. This amount is
what is recommended for cities and counties and is a very minimal
cost. The resolution was then unanimously adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and
Mayor Hill .
Nay: None.
Mayor Hill asked that the Piedmont-Virginian to print, for the
benefit of Mr. Fridinger, the fact that water rates are 1. 5 times
the basic rate outside the corporate limits, not twice the amount.
On motion of Councilman Orr, seconded by Councilman Newman, the
following resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED, that James A. Rock is hereby appointed to fill
the vacancy left, by the resignation of Herb Ridder for the
Town' s representative to the Northern Virginia Planning Dis-
trict Commission.
Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and
Mayor Hill . -
Nay: None.
. 177
MINUTES OF NOVEMBER 12, 1975 MEETING.
Mayor Hill asked that NVPDC be notified of this appointment, as well
as Mr. Rock.
On motion of Councilman Newman, seconded by Councilman Bange,
the following resolution was proposed:
BE IT RESOLVED, that $5, 187 is hereby appropriated from
General Fund Account #10200. 806 for the purchase and in-
stallation of a Town Shop structure 30' x 32 ' x 13' , in
accordance with proposal submitted by Wickes Buildings,
and
BE IT FURTHER RESOLVED, that the Town Manager is instructed
to prepare proper contract documents with Wickes Buildings .
Councilman Newman explained that a price had been secured from Modern
Metal Structures back in August for a larger building. This cost was
$13, 875. It was rejected, primarily because only $10, 000 had been
budgeted for this building. They now have a new price for such a
building and "time is of the essence. " Mr'. Devero said they asked
this same company for another price, but it was still higher. He
said the Town will have nothing to do on this building except the
wiring. Councilman Titus felt that the Town Attorney should look
•
at the contract documents on this . It was understood that he will
and that he will be paid for his services . The resolution was then
unanimously adopted, as shown:
Aye: Councilman Bange, Chamblin, Newman, Orr, Titus and
Mayor Hill .
Nay: None.
On motion of Councilman Newman, seconded by Councilman Bange, ,
the following resolution was proposed:
BE IT RESOLVED, that the following appropriations be made:
$8, 374. 73 - Sam Finley, Inc. - Resurfacing - General Fund
#10110. 809.
6, 251 . 40 - Sydnor Hydrodynamics, Inc. - Pumping Equipment
and automation of wells . Utility Fund #10120. 818.
8, 173. 00 - Burner Well Drilling, Inc. - New wells . Utility
Fund #10120. 816.
1, 075. 00 - Dewberry, Nealon & Davis - Survey and preparation
of plats - Condemnation of McVay Property.
General Fund #10010. 262.
400. 00 - Special Equipment - Police - . General Fund
#9010. 805.
3, 000. 00 - Deposit with Clerk of Court - Condemnation Hakim
Well Site - Early Entry. Utility Fund #10120. 816.
These appropriations were explained in detail by Mr. Devero. He
said the new pump for the Phillips-Nickels Well has been ordered
and should be on its way shortly. There will be an additional ap-
propriation for the pump. Concerning the McVay Condemnation Suit,
the papers have been filed and they have 21 days in which to answer.
The resolution was then unanimously adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and
Mayor Hill .
Nay: None.
Mayor Hill said that Mrs . Newman, Mr. Devero and he went out to
the Police Firing Range with Chief Kidwell to try their hand at shoot-
ing. He said the Chief"showed them up. " He felt that this is an ex-
perience for anyone and felt that others should go out and see what
the Town hasoutthere. Chief Kidwell was appreciative of this sup-
port. He said that itiis hoped to set up a public relations pro-
gram in the near future. He conducted a class of 25 women a couple
of years ago and they all completed the course.
178
MINUTES OF NOVEMBER 12, 1975.MEETING.
On motion of Councilman Bange, seconded by Councilman Orr, the
following resolution was proposed:
WHEREAS, a request has been received from the Ladies Auxili-
ary to the Loudoun County Rescue Squad, the Loudoun County -
Rescue Squad and the "Juniors" to the Loudoun County Rescue
Squad for a waiver of permit fees to hold raffles for the
Year 1975,
NOW, THEREFORE, BE IT RESOLVED, that a waiver of fees is
hereby granted to the Ladies Auxiliary to the Loudoun- County
Rescue Squad, the Loudoun County Rescue Squad and the "Juniors" :
to the Loudoun County Rescue Squad to hold raffles through
December 31, 1975. -
After a brief discussion, the resolution was unanimously adopted, as
shown:
Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and
Mayor Hill .
Nay: None.
On motion of Councilman Titus, seconded by Councilman.Newman,
Council voted unanimously to go into executive session to discuss
legal and personnel matters at 8 : 35 P.M.
Councilman Orr left during the executive session.
Council reconvened at 10: 16 P.Mc.
On motion of Councilman Titus, seconded by Councilman Newman,
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 Mervin V. Jackson be
and he is hereby appointed a member of -the Leesburg Plan-
ning Commission to fill the unexpired term of Edwin K.
Cross .
Councilman Titus said Mr. Jackson will- be the first black member on
a Town committee - he is a lifetime resident of Leesburg, presently
employed with the FBI and understands the workings of the Planning
Commission. The resolution was unanimously 'adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill.
Nay: None. .
On motion of Councilman Bange, seconded by Councilman Newman,
the following ,resolution was proposed:
WHEREAS, Col . George E. Isaacs has tendered hisresignation
as a member of the Town of Leesburg Board of Zoning Appeals,
NOW, THEREFORE, BE IT RESOLVED by the Council of 'the Town
of Leesburg, Virginia, that Robert W. Spunar be and he is
hereby recommended to the Judge of the Circuit Court for
Loudoun County to fill the unexpired term 'of Col. George
E. Isaacs, his term to expire on December 31, 1977.
Councilman Bange felt that Mr. Spunar would do a good job - he is
also a Government employee. The resolution was then 'unanimously
adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill.
Nay: None.
179
MINUTES OF NOVEMBER 12, 1975 .MEETING.
On motion of Councilman Titus, seconded by Councilman Bange,
the following resolution was proposed:
WHEREAS, the Town Council did, on February 13, 1974,
enter into an Agreement with Shor-Leesburg Associates
and Lester H. Shor, and
WHEREAS, said Agreement calls for the payment of availa-
bility fees by Shor-Leesburg Associates on or before No-
vember 30, 1975 for one hundred sixty-nine (169) water
and sewer taps for the Scandia project, said fees to be
at the present prevailing rate,
NOW, THEREFORE, BE IT RESOLVED, that Shor-Leesburg As-
sociates shall be advised that payment of availability
fees for the above-mentioned water and sewer taps must
be paid by November 30, 1975, in accordance with the
Agreement dated February 13, 1974.
After a brief discussion by Councilman Titus, the resolution was
unanimously adopted, as shown:
Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor 9
Hill .
Nay: None.
Mayor Hill stated that the next item is for information only
and deals with the proposed lifting of the water and sewer mora-
torium, which will be considered at the Council meeting on Novem-
ber 26, 1975. He asked that a Notice be placed in the Loudoun
Times-Mirror to indicate that such a resolution will be discussed
and considered for adoption at the November 26, 1975 meeting.
Councilman Titus - said that this proposed resolution is a draft only
and is not' in- final form. The proposed resolution reads as follows :
BE IT RESOLVED, that
I . (1) The Town of Leesburg hereby terminates, effective
_.December 1, ( 1975, the moratorium on sewer and water
connections. All persons recognized as having
priority for connection to the Town sewer and water
system, as set forth in previous- Priority Lists, shall lose
lose their priority, and such persons henceforth shall occupy
the -same. position with-respect to such :connections as
all other persons as hereafter provided.
(2) Henceforth, all water and sewer connections- shall be
on a .first come, first served basis, and availability
charges will be paid prior to approval of extension of
water and sewer by Council .
(3) For developers and subdividers, the availability charge
will be paid prior to the approval of the water and
sewer extension• by Council.
(4) For individual lot owners, the availability charge will
be paid at the time of the issuance of a Zoning Certi-
ficate.
(5) Should a preliminary site plan, a final site plan, a
preliminary subdivision plat or a final subdivision
R plat become invalid, there shall be a refund of' availa-
bility fees and off-site fees paid. • • r .
(6) Those currently having recorded plats or approved final
site plans shall be treated in the following manner:
(a) They shall begin construction of improvements and
structures within ninety (90) days , or
(1) Pay all availability fees for all recorded
lots or sites, or
(2) Vacate plat, or
(3) Vacate portion of plat for which availability
fees are not to be paid;
180
MINUTES OF NOVEMBER 12, 1975 .MEETING.
(b) If (a) is not complied with, the Town will
proceed to call the surety bonds and will
not commit itself to serve water or sewer
for the recorded lots or sites ;
(c) The Town will consider extending the exist-
ing surety bond by the developer if (a) is
complied with, and upon approval of the'bond-
ing company.
(7) There shall be a reservation for public facilities for
75, 000 gallons .
(8) The Town Manager shall comply with NPDES permit in
submitting performance reports on the Leesburg Water
Pollution Control Facility to the State Water Control
Board.
(9) The Town Manager shall notify the State Water Control
Board, the State Health Department and the local Health
5 Department of monthly committed capacities; including
(7) above, and the Town Manager shall notify the State
'V Water Control Board when sewer flow capacities have
reached 95 per cent, or effluent limits are reached
according to NPDES permit, based on actual Plant per-
formance over the previous three-month period.
(10) The Town Manager shall notify the Town Council imme-
diately upon evidence that the water consumption has
reached 90 per cent of the estimated potential output
of the water system.
(11) The Town will continue this policy until notified to
do otherwise by the State Water Control 'Board or any
other State, Federal or regional regulatory agency.
Mayor Hill said Council feels that it must move ahead to a certain
degree or open this up for individuals or anyone else to whom the
Town has a commitment. He said they want to do what the Attorney
General told them over two years ago - it must be handled on a first
come, first served basis and this is what they intend to do. Coun-
cilman Chamblin said he would like every person on the existing
Priority List to be given notice, by certified mail, return receipt
requested, of the proposed resolution to be considered on November
26th, and also state that they will be heard at this meeting if they
so desire to attend, either in person or by counsel. Councilman
Titus felt that the Towh has been under commitment to some of these
developers for some twenty months, and it is felt that this obliga-
tion, which was for a period of one year, should terminate. He re-
quested that Mr. Devero have the originals of each of these letters
committing these developers here for their inspection in case a
question is raised.
On motion of Councilman Bange, seconded by Councilman Titus,
the meeting was adjourned at 10: 31 P.M.
ay,
C er of e Cou it