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
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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.
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