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HomeMy Public PortalAbout1975_11_26 182 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 26, 1975. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia an No- vember 26, 1975 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the prayer being offered by Councilman Bange, and fol- lowed with the Salute to the Flag. Present were: Mayor G. Dewey Hill, Councilmen Charles E. Bange, James H. Chamblin, Mary Anne Newman, James A. Rock and C. Terry Titus; also Acting Town Manager E. Wesley Devero. Absent from the meeting was Councilman Robert A. Orr. The Minutes of the regular meeting of November 12, 1975 were ap- ' proved with one correction on Page 180 - the word "Council" to "coun- sel". The Minutes of a special meeting of November 19, 1975 were ap- proved as written. Mayor Hill recognized Mr. B. W. Cochran, a resident of 1 South Morven Park Road, who complained rather vehemently about the bar- riers being erected to close an unpaved section across the west triangle of Loudoun and Market Streets. Mr. Cochran said it is impossible for the driver of a large vehicle to see oncoming traffic at this intersection and this small "cross-over" does afford better sight distance. He also felt that, if the By-Pass were properly marked, some of the "truck traffic" could be eliminated through the Town. Mr. Cochran also called attention to the fact that speed lim- its on the west end of Town are not adhered to and there are many accidents in this area. Councilman Titus admonished Mr. Cochran for his abusive language to Mr. Frye this morning and advised Mr. Cochran that he should contact the Town Manager concerning a matter of this nature. Mr. Tom Jewell of Jewell Trucking Company also addressed Council concerning this from a safety standpoint. He said it is vir- tualVimpossible for large tractor-trailers to make a left hand turn in the Town and this cross-over was the only safe way they could head west. He said Perry Engineering also has this problem and he felt he could speak for them. He asked that Council investigate and con- sider this matter further. Mayor Hill referred this matter to the Public Works Committee for further study and report back to Council. Councilman Titus said his Committee will discuss this with the High- way Department to secure their recommendations. Acting Town Manager Devero reported: (1 ) Mr. Bozel is still in intensive care. (2) He introduced Mr. Randy Shoemaker, new Superintendent of the Water Pollution Control Facility, and outlined his qaulifications for this job. Mayor Hill welcomed Mr. Shoemaker and said that, al- though he was not to report for work until December 1st, he is al- ready working and attempting to correct some problems at the Plant. Mayor Hill presented to Mr. Roger Fox, an employee of the Street Department, a Certificate of Appreciation for his seven years of ser- vice to the Town. Councilman Titus asked that Council consider some action to hasten the construction of the Route 15 Urban Project (intersection of Route 15 and Catoctin Circle) and suggested a call to Commissioner Fugate. It was the consensus of Council that Mayor Hill contact Commissioner Fugate. Chief of Police Kidwell said there have been six accidents at this interesection in the last year and his department has placed every type of traffic control they can. A light is needed very badly here, but the hill must be cut down to increase sight distance. It was called to attention that the second meeting in December will fall on Christmas Eve. This will be considered at the December 10th meeting, possibly to set another time. ►1 Mr. James 0. Stup, Director of the Department of Parks and Recreation for Loudoun County, addressed Council, seeking its support before the School Board on December 9th when they request that the Of Board make available a portion of the present Leesburg Middle School Building for use as a community center. On motion of Councilman Titus, seconded by Councilman Rock, the following resolution was pro- posed and unanimously adopted, as shown: 183 MINUTES OF NOVEMBER 26, 1975 MEETING. BE IT RESOLVED, that the Mayor be requested to appear on behalf of the Council on December 9th to express the Town' s interest in pursuing the matter of using portions of the Leesburg Middle School for a Community-Recreation Center. Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. Councilman Chamblin said he has been asked by Mr. John A. Wallace, Jr. , Chairman of the Airport Advisory Committee, to appear before the Board of Supervisors next Tuesday concerning the Town s application to the Federal Aviation Agency for funds to accomplish four simple maintenance operations at the Airport. He explained that COG has gotten into this and is holding it up, and is asking the County to say that this work is not in any way contradictory with the Loud- oun County Proposed Land Use Plan for this area, and that all other alternatives have been considered. Mr. Chamblin said this is just another example of the Town trying to do something about the Air- port and being stopped again. He said there are many problems out there and it is time the Council decides either to do something or let it go. Mayor Hill said Mr. Wallace has called him too and re- quested a special meeting of the Council with the Airport Advisory Committee. This will be a special meeting, to be held following the Finance Committee meeting, at approximately 8 : 30 P.M. , Wednesday, De- cember 3rd at the Town Office, and it will be to discuss legal mat- ters, with the Airport Advisory Committee members to be present. A Public Hearing on the Final Phase of the Aiirt Master Plan will be scheduled at this time. Councilman Chamblin said that, as of October 1st, if Court-ap- pointed Attorneys are involved in misdemeanor cases, the Town will have to pay such fees. Mr. Chamblin also said that he has been approached by several people concerning the traffic problem out at Safeway. Councilman Titus advised that the Public Works Committee will be discussing existing problems at many intersections in the Town, with particular attention to the one at Loudoun and Market Streets, as well as the Highway Department study on some of these intersections. He has asked Chief Kidwell to be present for this discussion. Councilman Titus also said he has received numerous calls con- cerning the water and sewer matters . These will be discussed later in the meeting. Councilman Newman had the following items : ( 1 ) She has received complaints from residents of North King Street concerning cement trucks on Route 15 at 4: 30 and 5: 00 A.M. They have asked if it is possible for the Town to erect signs out- side the corporate limits stating that "All trucks must use By-Pass except local deliveries . " Mayor Hill said such signs would have to come through the Highway Department and we have already experienced trouble in doing this . Routes 7 and 15 are primary highways and the Highway Department still maintains control over them. It was felt that Mr. Devero could ask the Highway Department for permission to erect such signs that would divert "through" truck traffic. (2) Several months ago, she commented on a large dead tree on the Marshall property overhanging Market Street. She asked if any- thing has been done about this. Mr. Frye, Street Superintendent, said he and Mr. Chaves have looked at it and he has talked with Colonel Winn. He said that, as far as he is concerned, it will stay there until the wind blows it over and then, hopefully, it will be on the Town' s side. (3) A complaint has been received from a resident of Ayrlee Avenue concerning, not only the water that stands in an open storm sewer behind houses on Ayrlee Avenue, but the debris that has been collecting there since the additional run-off as a result of the enlarged hospital facilities. Mr. Chaves said larger pipes have been installed in this area to take the storm water. He was not aware of the debris, but will look into this to see what can be done. 184 MINUTES OF NOVEMBER 26, 1975 MEETING. Councilman Bange said that there is a problem for those people going east, as well as on the west end of Town - there is a problem getting on Route 7 from Plaza Drive, Fort Evans Road and the By- Pass. Mayor Hill felt that the signs , both going west and east, on the By-Pass are very misleading. Mr. Chaves advised that some of these signs have been changed, however, he will approach the High- way Department again and make suggestions to remedy these situations. Mayor Hill felt that, if we can get some of the useless traffic out of Town, perhaps there might not be such a problem. Mayor Hill said he has received complaints concerning blasting in the area of Mr. Shor' s project. The Fishers on Fort Evans Road have already experienced damage as a result of this blasting and had additional damage this afternoon. Mr. Shor said he became aware of this problem around 7 this evening. Mayor Hill said those people with damage as a result of this blasting will be referred to him. Mayor Hill also asked that a proper Certificate be prepared to honor Colonel George E. Isaacs for his service on the Board of Zon- ing Appeals . On motion of Councilman Titus, seconded by Councilman Newman, the following resolution was proposed: WHEREAS, a letter from the Loudoun County School Board has been received requesting a waiver of the bond requirements associated with the site plan for the Loudoun County Vo- cational Technical Educational Center, NOW, THEREFORE, BE IT RESOLVED, that this request for a waiver of bonding requirements for the Loudoun County Vo- cational Technical Educational Center is hereby granted. Councilman Titus explained that the items in the School Board' s bid package are a duplication of the Town' s requirements . Therefore, it would seem reasonable that the School Board should not have to bond itself. Mr. Bridges said the contract specifications require a 100 per cent performance and labor and material maintenance bond, which will be bonded from the contractor to the School Board. He felt that a letter from the School Board to the Town guaranteeing that these bonds will be faithfully executed would be in order. Council- man Titus expressed appreciatim to Mr. Vorous, Mr. Warner and Mr. Bridges for their presence here tonight. He felt that this building is an excellent project. The resolution was then unanimously adopted, as shown: Aye : Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. The following proposed resolution was read by the Clerk, this for discussion purposes only : WHEREAS, a request has been received from the Loudoun County School Board asking that the Town Council review and consider amending the requirements under the Water and Sewer Extension Permits concerning the ten-year time limit for reimbursement of oversizing of water and sanitary sewer lines, and WHEREAS, the Town Council has reviewed the above-mentioned requirements, NOW, THEREFORE, BE IT RESOLVED, that the Town Council feels that the ordinances now in effect are the best at this mo- ment, and BE IT FURTHER RESOLVED, that the Town Council will review these ordinances periodically. Councilman Titus said the Public Works Committee discussed the over- sizing situation and felt that this 10-year limit is a valid one and should remain intact at the present time. However, it will be re- viewed as necessary in the future. There is another side to this situ- ation though as far as economic recovery of these monies by the School Board is concerned. Mayor Hill said the Couunittee also considered 185 MINUTES OF NOVEMBER 26, 1975 MEETING. the fact that development outside the corporate limits is more or less stymied until the Sewage Treatment Plant is expanded to handle additional capacity. Councilman Bange felt that it was the intent of this review to determine perhaps a longer time over which the School Board could be reimbursed for the oversizing of the Middle School Line as others hooked onto this line. Councilman Titus said this was true, but it was aimed at all development. It was pointed out that there are other developf,rs already under the reimbursement provision at this time. Mr. Warner and Mr. Vorous , members of the School Board, both felt that it would be hard to explain to other members of the Board that the Board should bear the cost of oversizing of this line when all of their preliminary plans called for only a 12-inch line. Coun- cilman Titus said he has been asked by one of the contractors to do some work on this line, so he will refrain from any further comment on this matter. Mayor Hill explained that the Committee had not had time to discuss this matter with the Town' s consultant prior to a de- cision, however, the Comriiittee has now met with Mr. Bengtson. He agreed with the School Board' s plans, with the exception of the last 500 or so feet at the bottom of the line. He felt that this would have to be a larger line and, since there is no line between the 12-inch and 15-inch, he recommended that this be a 15-inch line. The cost of this difference is minimal and the same ditch would be used to lay this line. It was also pointed out that the line must be sized properly for the Highway Department to approve it. Mayor Hill said that, once the plans were received by the Town so that the engineer could study them, they were mom or less approved by the engineer until that last 500 or so feet. Mr. Devero advised that the staff has made a recommendation and a letter has been sent to Mr. Bridges citing the reasons and the ordinances for the over- sizing. This should explain that it is in line with the adopted policy of the Town on sanitary sewers . Mr. Bridges said he has not had time to discuss this with the School Board, however, he did feel that the Council would be remiss if it did not put in this oversizing at this time. Mr. Warner said this explanation would alter his think- ing - he felt that the total purpose is not to delay it . Mayor Hill offered to have some member of Council appear before the School Board to explain this further if necessary. The resolution printed here- tofore was moved by Councilman Bange, however, Councilmen Chamblin and Rock felt that it is unnecessary. It, therefore, died for lack of a second. Mr. Bridges asked if any action is required by Council to recom- mend approval of the preliminary site plan on the Vocational-Techni- cal Educational Center. Mr. Forbes said Council has waived the bond requirement, so all they have to do is come back to the Planning Com- mission at the next meeting and the final site plan will be approved at that time. On motion of Councilman Rock, for purposes of discussion, and seconded by Councilman Bange, the following resolution was pro- posed: WHEREAS, the Town of Leesburg has had a water and sewer moratorium in effect since February of 1973, and WHEREAS, the Leesburg Water Pollution Control Facility has shown significant improvement in its flow capacity and, most important, in its final effluent quality, suf- ficiently meeting the approved limits of the State Water Control Board, and WHEREAS, the Town Council feels, for economic reasons and for the benefit of the citizens of the Town of Leesburg, that the present moratorium should be liefed, NOW, THEREFORE, BE IT RESOLVED that: (1 ) The Town of Leesburg hereby terminates, effective December 1, 1975, the moratorium on sewer and water connections . All persons recognized as having pri- ority for connection to the Town sewer and water 186 MINUTES OF NOVEMBER 26, 1975 MEETING. system, as set forth in previous Priority Lists, shall lose their priority, and such persons hence- forth 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 charges will be paid prior to the approval of the water and sewer extension by Council . (4) For owners of lots existing at the time of this reso- lution, the availability charge will be paid at the time of the issuance of a Zoning Certificate. (5) Should a preliminary site plan, a final site plan, a preliminary subdivision plat or a final subdivision plat become invalid, there shall be a refund of availa- bility fees and off-site fees paid. (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, pro- vided all applicable fees have been paid, 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; (b) If (a) is not complied with, the Town will pro- ceed to call the surety bonds and will not com- mit itself to serve water or sewer for the re- corded lots or sites ; (c) The Town will consider extending the existing surety bond by the developer if (a) is complied with, and upon approval of the bonding 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 Department of monthly committed capacities, including (7) above, and the Town Manager shall notify the State 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. 187 - MIWTES OF NOVEMBER 26, 1975 MEETING. Councilman Titus explained that the Public Works Committee has considered this matter at length and felt that it is wise to lift the moratorium to provide capacity for those who want it and to create the necessary revenues to the Water and Sewer systems . It is proposed here that those planning to build or subdivide within the corporate limits will pay availability fees prior to the the Town' s commitment. Also, for those whose preliminary or final site plans or preliminary or final subdivision plats become invalid, their money will be refunded. For those who were placed on a Priority List, with a time limit of one year to be under construction, and who are not under construction, these capacities will be released unless the provisions of Item 6 are complied with in full. The time has lapsed in all cases for these developers and it is not felt that the Town is committed to these people until these fees are paid. Should there be a problem with the Water Control Board, the Town will ask that agency to cut off any further taps to the System, and the monies will be refunded to those involved. Councilman Bange said the Committee felt that some of the de- velopers were tying up taps where the Town could do nothing with them. The second Priority List could not be released because the Town had no capacity in the Sewer Plant and because there was not enough water. The Town has now rejuvenated some of its wells and flows into the Sewer Plant have improved so that there is greater capacity. This will be on a first come, first served basis within the Town limits - for those outside the corporate limits , the mora- torium is still in effect and there is no plan at this time to serve them. Mr. F_ed Spain, owner of Loudoun Hills Subdivision, which has been affected by the moratorium since February of 1973, asked if Item (6) refers to recorded final plats only, or does it refer to recorded preliminary site plans as well . Councilman Titus said only those that can be recorded, preliminaries cannot be recorded. Mr. Spain also asked that, under Item 6(a) , Council consider amend- ing this to read 120 days, rather than 90 days, particularly due to the fact that the winter season is practically upon them and 120 days would allow until April to be under construction. This would help other developers as well . He also said, according to his cal- culations, the 75, 000 gallons reserved for public facilities would provide for 214 units at 350 gallons per unit. He asked what the Town plans for this reservation, and suggested that this might be changed to 30, 000 gallons. Mayor Hill explained that this is for public need, which includes the new Middle School , the Vo-Tech Center on the other end of Town, and the new County Complex being constructed within the Town. Also, the Attorney General is really the one that said a certain amount must be set aside for public need. This has been well thought out. Councilman Titus said this means public facilities built by quasi-public organizations or by governmental institutions, generally speaking. Mr. Spain again brought before Council the issue having to do with the amount of fees to be paid for water and sewer availability. The first users of the original designed Plant capacity of 1 . 3 mgd before the mora- torium was enacted paid a much lower fee than that now being assessed to the builders . He felt that this is a tremendous hardship and a critical situation. If the Town was on the other side of the 1 . 3 mgd capacity, he said he would not question it . Mr. Spain also said that the Town' s method of arriving at a solution to its prob- lems by declaring a moratorium in 1973 was certainly painful to those in the building process. He felt that this resolution pro- vides that the same type of thing might happen again - the State could come in, without advanced public notice, and say the Plant is not operating efficiently and they are going to close it down. He strongly urged that the public be kept informed of any action by the State Water Control Board and said it is imperative that the developers know as much as possible as to what is going on. Such policies could create bankruptcy hardships. Mr. Spain also spoke of the serious tax consequences to developers because there is no sewer available, and expressed the hope that the Town will do every- thing in its power to proceed with diligence toward the expansion of the Sewer Plant so that sewer will be available when the present 1 . 3 mgd capacity is reached. 180 MINUTES OF NOVEMBER 26, 1975 MEETING. Councilman Titus said it is hoped that, with the passing of this resolution, there will be no more problem with the tax struc- ture. He also said that, before the Water Control Board could cut off connections, various public hearings are required. Also, he did not feel that this problem has been carried on in secrecy - there have been various discussions with the Water Control Board and these have been made public quite a while ago. Mr. Spain said he knew such meetings and discussions were going on, however, he was not advised of the outcome. It was pointed out by Councilman Titus that this Council was not aware of the situation in 1973 until it was upon them. Mayor Hill said he got a real initiation as Mayor in 1973 - in less than a month after he became Mayor this situation was upon them. Mr. Spain felt that the Town owes it to developers to notify them of impending danger. Councilman Bange asked Mr. Spain if he has been granted water and sewer connections for the 2 town houses approved on June 12, 1975. Mr. Spain said they were! be granted upon payment of the zoning fees. They have now secured a construction loan and will start construction very quickly. Mr. William B. Hanes , representing Lesluke Corporation, stated that he know the problem of sewer capacity is one in every jurisdic- tion in the Northern Virginia area and in the State - he comes from a jurisdiction with similar problems. He felt that the imposition of the moratorium in 1973 was after a great deal of thought and sober reflection, but with responsibility for all concerned. Lesluke Corporation is the owner of the proposed Carrvale Subdivision and has been No. 1 on one of the Town' s Priority Lists. He felt that his client has a stake in the sewer system and how the Town deals with this problem. There are many people affected in one way or another and a continuing review is certainly in order in the inter- est of fair play to all concerned. He suggested a deferral tonight and, if it is the wisdom of the Council to devise a new system, to allow those on the Priority List some time to gear back up. He felt it incumbent on the Town to allow some time limitation for this change. He also said his client had received a letter dated November 17th and he has had it for about a week and has not had time to study the situation in detail . Councilman Titus suggested that perhaps his client was a little late in getting it to him. Mr. Titus also said that Mr. Hanes and Mr. Sevila, also in the audience, are both members of the Herndon Town Council . Mr. Lester Shor, builder-developer of Heritage Square, formerly known as Scandia, stated that he has 394 taps by agreement and is willing to give up all of them, with the exception of 122 for which he has site plans approved. Knowing the market, he said he feels it is best to throw them all in and get the Town built - housing is needed. He felt that the Town needs it and society needs it. He felt that Carrvale has plenty of time to get "cranked up", submit a site plan, have it approved and get started without losing taps. Concerning the Performance Bond requirement by the Town, he has a Bond himself, but there are other builders who cannot get a bond. He also felt that payment of availability fees before a developer gets started is a hardship. He asked that Council address itself to the bond requirement. He felt that an "occupancy permit" would be protection for the Town - no such permit would be issued until all fees are paid, or a Performance Bond be posted at such time. As an attorney, Mr. Shor felt that Items 8, 9 and 10 of the proposed resolution are redundant - the State requires that this be done. He said he has talked with two other builders who are not here to- night and they have no objection to the lifting of the moratorium. Councilman Titus said that, with regard to Items 8, 9, 10 and 11 , the State does require this, however, all developers may not be aware of this. He also said that everybody on the Priority List was sent a letter by Certified Mail-Return Receipt Requested. Council feels that there are close to one-half million gallons that will not be used in the immediate future with one or several large developments and there should be ample capacity for a considerable time. Mayor Hill did not agree with Mr. Shor' s suggestion as to the bonding procedure, although he felt that perhaps the use of an occu- pancy permit might be wise for other reasons. He citecas an example, that a builder might go broke during the construction of a develop- ment, and might have sold homes in the development without having completed physical improvements. If the Town did not have a Per- 189 MINUTES OF NOVEMBER 26, 1975 MEETING. formance Bond to fall back on, it would be in trouble. Mr. Shor said he is speaking of a builder who might want to go back in the business . The bonding companies make it tough to get a bond. He felt that there are other ways and would like to see some consideration given to other builders . Councilman Titus felt that Mr. Shor' s suggestion merits discussion, however, the vesting a builder would incur by merely constructing a building would incur the Town' s commitment . Mr. Hanes again urged the Town to take no action tonight - he could see no compelling reason for this. He felt, also, that it would ' be in the public interest to consider it further in public session. Mayor Hill asked if Council had any comment concerning Mr. Spain' s request for a time extension. Would he have to extend his site plan if he has started construction: Mr. Forbes said he would not. In connection with the time extension, Councilman Titus said Mr. Paul Bradshaw has made a similar request by letter. He, Mr. Titus, was concerned over relatively recent approved site plans valid for one year as to whether they should be allowed to extend this time to the length of the validity of the site plan. He felt that the 90-day period is a problem and that Council should be aware of this situa- tion. Councilmen Bange and Newman both felt that there should be an extension of this time limit, or some provision made to take care of this problem. Mr. Devero advised that there are three recorded plats or site plans at this time and these are the ones referred to. Councilman Chamblin felt that there are many problems with this resolution as it stands. He agreed with the concept, but felt that there are many situations that are not covered and said he could not vote for the resolution tonight. He suggested that more work be done on it . Councilman Titus felt, too, that the resolution requires more work. He also was in agreement with Mr. Hanes and felt this should be considered also. Councilman Rock agreed with Mr. Hanes ' comments but for a different reason - he remembered hearing Lesluke Corpora- tion request these 191 taps right away - and now they want the Town to hold them for them. He believed the moratorium should be lifted, 11 but also had problems with the resolution as it is. Councilman New- man wanted to see the moratorium lifted and felt that they should make haste in getting this back to Committee and then back to Council . Meantime, this would give Mr. Spain the extra 30 days he is request- ing. Councilman Bange wanted to see the moratorium lifted too, but wants it done in the right way. He too had many problems with the resolution as it stands . It was stated that this is not a legal question at this point - it is a matter of policy. Councilman Titus felt that there should be input from other jurisdictions and suggested that the Town contact these other jurisdictions and determine what their policies are and the legal status of these policies (these to be discussed with their attorneys) - he felt that this could be of great benefit. He suggested the jurisdictions of Herndon, Fairfax County, Prince William County and the Loudoun Sanitation Authority. Mayor Hill felt that this should be a top priority item - he did not want to see it lost in a bureaucratic scramble. On motion of Coun- cilman Rock, seconded by Councilman Newman, Council voted unanimously to refer this matter back to the Public Works Committee, as shown: Aye : Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. Mr. Spain asked that he be informed when this matter will come before the Public Works Committee. On motion of Councilman Newman, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the Town Manager be authorized to re- quest from Mr. Donald Foss of North American Exploration a ' cost proposal for locating 25 well sites within and in the area immediately adjacent to the Town outside the corporate limits from Balls Bluff to Morven Park, to Virts Corner, to the intersection of Goose Creek and Route 7 and back to Balls Bluff. 190 MINUTES OF NOVEMBER 26, 1975 MEETING. Councilman Titus said that Mr. Devero has recommended that this be defeated - that it would be better to work with the State geologist. He had no objection to this as long as the end result is achieved. However, he did ask that Mr. Devero explain the situation to Mr. Foss if the resolution is defeated. Mayor Hill said he has listened to both of these geologists discuss this situation and they are at com- plete odds. The resolution was defeated by a vote of 5 to 1 , as shown: Aye: Councilman Rock. Nay: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill. On motion of Councilman Newman, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the agreement for professional services between the Town of Leesburg and Johnson and Williams, pre- pared by Johnson and Williams in August, 1975, in connection with the project for development of a Wastewater Management Facilities Plan for the Water Pollution Control Facility is hereby approved, and BE IT FURTHER RESOLVED, that the Town Manager is authorized to sign the contract for the Town. It was explained that this is what is holding up the funding of this project, and that this is for Phase I only. After discussion, the resolution was adopted by a vote of 3 for, 2 against and one absten- tion, this being an implied "Yes" vote, as shown: Aye: Councilmen Bange, Newman and Mayor Hill . Nay: Councilmen Chamblin and Rock. Abstention: Councilman Titus On motion of Councilman Bange, seconded by Councilman Rock, the following resolution was proposed: WHEREAS, the southwest quadrant of the Leesburg By-Pass on Route 7 has been completed and opened to traffic; and WHEREAS, the Route 7 By-Pass has caused alterations to and construction of streets in the Town of Leesburg which re- ceive maintenance payments for primary extensions and other streets; NOW, THEREFORE, BE IT RESOLVED, that maintenance payments be deleted "as primary extension" from the amounts paid by the State Highway Department to the Town for Section 1 shown below, a total distance of 0. 12 mile, and BE IT FURTHER RESOLVED, that maintenance payments be de- leted for "other streets" for Sections 9, 11 and 12 shown below, a total distance of 0. 26 mile, and BE IT FURTHER RESOLVED, that maintenance payments be made as "other streets" for Sections 8, 10, 13, 15 and 16 shown below and on attached Form U-1, a total distance of 0. 82 mile. Section 1 Old Route 7 0. 12 Mile Section 8 Dry Mill Road 0. 15 Mile Section 9 Old Dry Mill Road 0. 15 Mile Section 10 Davis Avenue 0. 15 Mile Section 11 Wirt Street 0. 08 Mile Section 12 Valley View 0. 03 Mile Section 13 Service Road I 0. 08 Mile Section 15 Catoctin Circle 0. 29 Mile Section 16 Rehabilitation Center Entrance 0. 25 Mile Mr. Chaves explained that this deals with maintenance payments by the State Highway Department to the Town as a result of the con- struction of the Route 7 By-Pass . He also pointed out that the 1 •rs r� z rtc _ ca Nn• r r n - c - rrl I-. I 7,1 M C! [' FF � ..- '<• • 1U- Gt C 1-' 1) - - a1:,-- . ft O Cy • R fJ n Li Ia —3 Cf v r '1L ^ C c3: - 1 O3 < Z C.*J 4C' y • U) 0 ('d 1.-; _ d C'b 1 Ct ' ✓ .'�-'. r Q • Cf' r, r cn cn CD w n I I i 1 1 n Q1 1-1 Oma.. =' i ' Zvi •� t=% v G v� t., �• •t,S N W Z v i� (7 •W Z tr�• (n • a U W .-.j [7 Pi • 1-'• tribO O r''../ ' • • U ^i] =+ r,1 7C L7 yZ O cam, C (F) e. 0r Z C:4 ,3 ; o .; c -5r v: • r iti `-1r — C ra �) r� t c W O C CD c-' ^- O •r r r7 Pr '71 m O c-) zr•, H z [n a cu o c:-. c..5 C) r-t:1 r OH a Z 7 1.-+ w (D 1,> f., r z •< > M cf, ccx, c z (0 , n v, t- X r n C7 S •�' v) 0 Y. aycn m t-1 .Y %-:, z :=3a O p 7-32 t-1.1 H o_= U z zK. • H o v o o�Cn rrsc rs ;3 n n tri ro o c� o 6: v let a r N 1-` 1✓ M cn 7 -v 1-, (I) CO T` Cl) L7 C -. r1 i i i ,_,I (.-, u, i-'f: Ln ":3 O ..G Ce)n r �'� > .Ti "I :J MI 71 Cl -a Z "J - t., -.'-aN N N N . , T _' C .», C ^-1 C ^. _ _.. o , MINUTES OF NOVEMBER 26, 1975 MEETING. 191 School Board cannot obtain a permit to install the water line on Ca- toctin Circle and the access to the Children' s Center because the High- way Department will not give them a permit until the Town accepts the streets and then it will be up to the Town to do it. Councilman Titus commented that the work done on Davis Avenue is "horrible." He also called attention to the fact that more money can be collected for maintenance if parking is prohibited on certain streets, par- ticularly referring to Catoctin Circle from King Street to Market Street where it is four lanes wide. The resolution was then unani- mously adopted, as shown: 11 Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Rock, seconded by Councilman Bange (for discussion purposes only) , the following resolution was pro- posed: WHEREAS, the Federal-Aid Highway Act of 1973 requires that the Virginia Department of Highways and Transportation re- align the Federal-Aid Highway Systems in Virginia by July 1, 1976, on the basis of their anticipated functional usage; and WHEREAS, the existing State Federal-Aid Systems, with the exception of the Interstate System, will be terminated on July 1, 1976; and WHEREAS, Federal Highway funds will no longer be available for State roadways after July 1 , 1976, unless the Realigned Federal-Aid Systems have been approved by the Federal High- way Administration; and WHEREAS, the Virginia Department of Highways and Transpor- tation has functionally classified the State Highways in 11 accordance with the guidelines presented in the "Highway Functional Classification Manual" (Volume 20, Appendix 12, Hi_hwa Plannin: Pro:ram Manual) and developed the Re- a igne e• era - ii. ystems or Virginia in accordance with the Federal-Aid Highway Program Manual (Volume 4, Chapter 6, Section /) ; NOW, THEREFORE, BE IT RESOLVED, that the Leesburg Town Council concurs with the "1985 Highway Functional Classi- fication" and "Realigned Federal-Aid Highway Systems" for the Town of Leesburg, as developed by the Virginia Depart- ment of Highways and Transportation, and BE IT FURTHER RESOLVED, that the Town Manager is hereby au- thorized to sign the "Functional Classification Map. " Mr. Chaves explained that this is just a classification of the streets in Town to primary, secondary or urban status. Mr. Devero said that Mr. Bozel went over this thoroughly. The resolution was then unani- mously 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: WHEREAS, the Town does not presently record the assets (property and equipment) of the Utility System in its ac- counting records , and WHEREAS, actual costs of the various assets of the Utility System should be recorded in the accounting records, NOW, THEREFORE, BE IT RESOLVED, that the assets of the Utility System be capitalized and depreciated over their useful lives , and 192 MINUTES OF NOVEMBER 26, 1975 MEETING. BE IT FURTHER RESOLVED, that the firm of Yount, Hyde and Company, Certified Public Accountants, be engaged to as- sist the Town in properly recording the capitalization of assets of the Utility System, and BE IT FURTHER RESOLVED, that the Town Manager be and he is hereby authorized to sign a proposal numbered 75-68 with Bengtson-DeBell , Inc. for an appraisal of the Town Utility System, and BE IT FURTHER RESOLVED, that James F. Tyler be engaged to appraise the land values of eight properties in the Utility System, in accordance with a proposal dated No- vember 4, 1975 to the Town of Leesburg, and BE IT FURTHER RESOLVED, that the Town Staff assist in the above when necessary. After explanation by Councilman Newman and Mr. Timberlake, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Bange, seconded by Councilman Titus , the following resolution was proposed: BE IT RESOLVED, that the Town Manager is hereby author- ized to engage the services of Mr. Wendell Kline to ap- praise the easements through the lands of First Virginia Bank and Mr. J. B. Anderson for purposes of condemnation for improvements to the channel of the Town Branch, and BE IT FURTHER RESOLVED, that the First Virginia Bank and Mr. Anderson be apprised, in writing, of this action. Councilman Titus said this is holding up the entire project. He said the Town Attorney should be advised to proceed with the necessary action at the appropriate time. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill. Nay: No. On motion of Councilman Newman, seconded by Councilman Titus, the following resolution was proposed: BE IT RESOLVED, that Municipal Code Corporation be and it is hereby authorized to print 100 copies of a pamphlet containing Water and Sewer Ordinances of the Town of Lees- burg, said pamphlet to have looseleaf covers and paper fas- teners , and in accordance with proposal submitted by said Corporation. After a brief 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 Titus, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the Town Manager be authorized to sign amendments to Va. NPDES Permit #0021377 lowering the fecal coliform test requirements for the Leesburg Sewage Treatment Plant, as requested by the State Water Control Board. Mr. Devero explained that the Water Contnl Board wants to lower this requirement to one test per year and we are already doing this. In this way, no Public Hearing will have to be held. It was suggested 193 MINUTES OF NOVEMBER 26, 1975 MEETING. that perhaps equipment recently purchased to perform these tests the required five times a week (the requirement before this amendment to the Permit) should be sent back. Mr. Devero advised that he was able to get a used Polymer pump from Culpeper today - those being repaired will take from 10 days to two weeks before their return and it would take 8 to 10 weeks to order a new one. The resolution was then unani- mously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Bange, seconded by Councilman Titus, the following resolution was proposed: BE IT RESOLVED, that check for $3, 675. 00 from Peoples National Bank to guarantee the installation of curb and gutter and sidewalk in front of 10 West Market Street be returned, upon submission of a letter from the Bank stat- ing that Peoples National Bank will maintain and repair any defects due to construction of these improvements . On motion of Councilman Titus, seconded by Councilman Rock, the fol- lowing substitute resolution was proposed and unanimously adopted, as shown: WHEREAS, the Town is in receipt of a letter from the Peo- ples National Bank stating that they will maintain and repair any defects in the construction of the curb and gutter and sidewalk in front of 10 West Market Street, NOW, THEREFORE, BE IT RESOLVED, that the check for $3, 675. 00 from Peoples National Bank to guarantee the installation of such improvements be returned. Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and 11 Mayor Hill. Nay: None. On motion of Councilman Titus, seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that Performance Bond in the amount of $9, 993. 00, submitted by Perry Engineering for the con- struction of brick sidewalks on Market Street, be re- leased upon receipt and approval of a Maintenance Bond in the amount of $1,498. 95. 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 Christmas decorations be erected fol- lowing Thanksgiving, with lighting to be turned on Friday, December 12 through Monday, December 29, and BE IT FURTHER RESOLVED, that parking meters on the Munici- pal Parking Lot be bagged from December 15 thpugh December 25 . Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Titus, the following resolution was proposed: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to make application to the Virginia Electric and Power Company for the privilege of 194 MINUTES OF NOVEMBER 26, 1975 MEETING. attaching to a number of their poles along King Street and Market Street certain wires and other fixtures neces- sary to provide decorative lighting for the Christmas season, and BE IT FURTHER RESOLVED, that the Town will assume all re- sponsibility for each installation and agrees to save harm- less from any loss, cost, injury or damage to persons or property resulting out of or arising from the installation, operation, use, non-use or removal of such installations. Mayor Hill asked that the Insurance Advisory Committee be advised of this additional liability. The resolution was then unanimously a- dopted, 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 the following appropriations be made: $ 2, 103. 75 - Allied Striping Co. - Road marking - General Fund Acct. #10110. 809. 637 . 50 - Bet .son-DeBell, Inc. - Professional services Sanitary Sewer Master Plan - Utility Fund Acct. #10120. 817. 750.00 - General Scientific - 99-3090 Magnetic Stir Bath Ser. #1075 . - Utility Fund Acct. #10310. 804 (authorized during fiscal year ending 6/30/75) . 73, 701 . 13 - Virginia Department of Highways - Catoctin Circle-Market Street Project 1971 Bond Fund $39, 560. 88 General Fund #10110. 809 34 140. 25 Total Bill , 701 . 13 It was suggested that, when payment is sent to the Highway Department, they be requested that, if there any changes as to the status of a- wards for the rights-of-way, the Town be reimbursed for these awards . 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: WHEREAS, a request has been received from the City of Fair- fax for the Town of Leesburg to express its desire to be a part of the City of Fairfax-Goose Creek Water Plant System, NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg is not ready to make any response until such time as the Town' s financial feasibility issue becomes clearer, and BE IT FURTHER RESOLVED, that the Town Manager shall notify II the City of Fairfax of this resolution, and that the Town of Leesburg still maintains its rights according to the 1956 agreement between the City of Fairfax and the Town of Leesburg. After a brief discussion, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. I MINUTES OF NOVEMBER 26, 1975 MEETING. On motion of Councilman Bange, seconded by Councilman Titus, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, a request has been received from the Leesburg Lions Club 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 Leesburg Lions Club to hold raffles • ' through December 31, 1975. 11 Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Bange, seconded by Councilman Titus, Council voted unanimously to go into executive session at 11 : 06 P.M. to discuss land acquisition, legal and personnel matters . Council reconvened at 11 : 32 P.M. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: WHEREAS, the Town of Leesburg has received a proposal from C. Herbert Pearson, in the form of a Contract, with check in the amount of $2, 000. 00 as an earnest money deposit, to purchase a certain parcel of land 139. 25 feet x 30. 50 feet fronting on Loudoun Street, including the dwelling thereon, for the sum of $40, 000. 00 cash, and being a portion of land purchased by the Town of Leesburg by deed dated July 27, 1973, and recorded in Deed Book 580 at Page 506, NOW, THEREFORE, BE IT RESOLVED, that the said offer be and the same is hereby accepted, and the Town Attorney is here- by directed to prepare _ the requisite instruments to effec" tuate the conveyance of said real estate. Mayor Hill felt that this property should be offered to the public, even though he felt that Mr. Pearson would do a good job by adding it to his private enterprises on the corner of Loudoun and King Streets. The resolution was then adopted by a vote of 3 for, 2 against and 1 abstention, as shown: Aye: Councilmen Newman, Rock and Titus. Nay: Mayor Hill and Councilman Bange. Abstention: Councilman Chamblin. (Note: - {{ QQ } � 6� yaction of Council OnmotioR o& tok.I1tfai Rbtk, s c1 "b / Councilman Bange, the meet- ing was adjourned at 11 : 36 P.M. /0--ge= r G Mayp Cf jt a ounc i l 9 l I