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HomeMy Public PortalAbout1976_01_28 X25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 28,1976. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on Janu- ary 28, 1976 at 7 : 30 P.M. The meeting was called to order by the Mayor, with Councilman Newman offering the invocation, and followed by the Salute to the Flag. Present were: Mayor G. Dewey Hill , Coun- cilmen Charles E. Bange, James H. Chamblin, Mary Anne Newman, Robert A Orr, James A. Rock and C. Terry Titus; also Acting Town Manager E. Wesley Devero and Town Attorney George M. Martin. The Minutes of a Public Hearing on January 6, 1976 and a Special Meeting on January 12, 1976 were approved as written. Acting Town Manager Devero reported the following: (1 ) The remaining vacancy on the police force was filled on January 16th with the hiring of Robert Allen Scott Berns . Jody Nick has been promoted to Assistant Plant Operator at the Water Pollution Control Facility - this leaves a vacancy for a plant laborer and they are currently advertising for this position. On January 29th, Carl- ton Longerbeam was promoted to Assistant Utility Lines Superintendent and Benjamin Day was promoted to Utility Maintenance Man. Hoy An- drews has submitted his resignation from the Water Department. (2) He met with Mr. McRainey from FHA in Richmond the past week. He has requested additional information on our loan. They are set- ting up a meeting for next Monday with Mr. Hawks in Richmond - Mr. Niccolls , the new Town Manager, Mr. Burt and he will attend. Councilman Chamblin said that, even though he could not be present for the last Council meeting, he did not feel that his vote would have changed the reappointment of Mr. Leach and Mr. Webb to the Planning Commission. He felt that Mr. Titus ' remarks were well taken and he hoped these remarks would cause the Subdivision and Zoning Ordinances to be brought up-to-date so that it will fit in with the Comprehensive Plan. He hoped this would be done before mistakes are made that cannot be rectified. He expressed his ap- preciation for those people who were present for the Airport Master Plan Hearing, however, he wished there had been more people from Leesburg. Councilman Newman thanked Mr. Devero for the research he did on unresolved items that she had questioned. Councilman Titus asked if the storm sewer has been constructed in the County Parking Lot. Mr. Chaves said he has received no in- formation from DeLashmutt Associates, nor from the County. He said the engineering has been done, but no work. Mr. Titus said the County was in such a big hurry to do this when it was requested - perhaps they should be required to go through the proper channels and procedures now. Mayor Hill asked if there has been any problem created by the rainy weather the last few days. Mr. Chaves said the back yards were full of water, as well as one-third of the parking lot. Mr. Titus said the Town also agreed that the County would not have to pave the parking area at this time. Excerpts concerning this matter were read from the Minutes of October 22, 1975. It was the consensus of the Council that the Town Manager contact the County about this project and, if nothing constructive is heard from them or done by the next regular Council meeting (February 11th) , Council will take appropriate action at that time. Councilman Bange expressed his personal thanks to Mr. Devero, who will be leaving the Town' s employ, for a terrific job, par- ticularly under the handicap existing when he took over as Acting Town Manager. Mayor Hill echoed Mr. Bange' s remarks. He felt that Mr. Devero has meant a great deal to the Town in his two years here and that, in turn, these two years have been of some import to Mr. Devero. Mayor Hill wished him success in his new job as a Town Manager in the State of Oklahoma. He also referred to the forthcoming birth of the Deveros ' child, feeling that this will be ever mindful to them of the Town of Leesburg. He even suggested appropriate names . A formal resolution will be made a part of the minutes at the next meeting. 236 MINUTES OF JANUARY 28, 1976 MEETING. On motion of Councilman Rock, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED: (1) The Town Council for the Town of Leesburg hereby terminates the moratorium on connections to the municipal public water and sewer works (hereinafter referred to as the "systems") . All positions of priority for connections to the systems as have been heretofore established by action of the Council are hereby eliminated. (2) Capacity in the Water Pollution Control Facility and the Municipal Water System of 0. 075 million gallons per day shall be reserved for future connections to the systems to serve public facilities. (3) Except for the purpose of serving public facilities as provided in Paragraph (2) above, no connections to the systems shall be granted to serve any lot, par- cel or structure outside of the corporate limits of the Town of Leesburg. Sewer and water services to any public facilities outside of the corporate limits will be at the discretion of the Town Council . (4) This resolution shall be effective on and after Febru- ary 1 , 1976. Councilman Titus said the Council has been a long time reaching this and, even now, he has some reservations about lifting it. However, Council is in a position to feel that capacity is available, although there seems to be some discussion as to how much. He felt that "how much" should be documented in a short time. He hoped those outside the corporate limits understand that the residents of the Town must be served first. If they don' t want it, then it will probably be re- leased to those outside the corporate limits. Mayor Hill said he felt the Town had taken the right step three years ago in declaring the moratorium - hard facts and ultimatums were presented by the State Water Control Board and the Town took some action, rather than waiting for the State agency to do it . Now, they feel that they have weathered the storm and have taken corrective action in the form of infiltration abatement - this has solved a good many of the problems. You can' t keep on denying single lot owners the right to build a house on their lot and, under the moratorium, the capacity was tied up in large subdivisions. It will now be on a "first come first served" basis and the Town will continue to allot connections until such time as it is told it cannot. Councilman Titus said the only reason he is voting for this resolution is to help the individual owners of single-family dwelling lots. A roll call vote unanimously adopted the resolution, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Rock, seconded by Councilman Bange, the following resolution was taken from the table by unanimous vote of the Council : WHEREAS, L. H. Shor and Associates, Inc. was notified on November 14, 1975 of a resolution adopted by the Town Coun- cil at its meeting on November 13, 1975 concerning an Agree- ment dated February 13, 1974 between L. H. Shor and Associlir - ates, Inc . and the Town of Leesburg, whereby said Agreement called for the payment of availability fees by L. H. Shor and Associates , Inc. on or before November 30, 1975 for 169 water and sewer taps for the Scandia project, now known as "Heritage Squire, " and WHEREAS, no payment of availability fees was made by November 30, 1975 by L. H. Shor and Associates, Inc. for the above project, and 2137 MINUTES OF JANUARY 28, 1976 MEETING. WHEREAS , L. H. Shor and Associates, Inc. was notified, by Certified Mail-Return Receipt Requested, on December 5, 1975 that its failure to pay for the reserved 169 taps was regarded as a default under the Agreement of February 13, 1974 and, furthermore, L. H. Shor and Associates , Inc. was notified on December 16, 1975, once again confirming the Town' s position that it was no longer bound by the Agreement of February 13, 1974 and that said Agreement had been made void by reason of L. H. Shor and Associates , Inc. ' s default, NOW, THEREFORE, BE IT RESOLVED, that this resolution be adopted for the purpose of spreading on the Minutes that the Agreement dated February 13, 1974 between L. H. Shor and Associates, Inc. and the Town of Leesburg is hereby null and void. On motion of Councilman Rock, seconded by Councilman Bange, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, C.rr, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Bange, the following Ordinances were proposed: ( 1 ) BE IT ORDAINED, that the first paragraph of Sec. 19-14. 1, Availability charge, of the Town Code is hereby amended to read as follows : Sec. 19-14. 1 . Availability charge. In addition to the above fees , there shall be an availability charge. This charge shall apply to every sewer tap application and shall be a fixed charge, based on type of land use as stated below, and shall be payable in the following manner: Fifty per cent (50%) shall be paid at the time of issuance of the zoning permit, and the remaining fifty per cent (50%) shall be paid at the time of issuance of the building sewer connection permit. An emergency exists and this Ordinance shall be enforced from February 1, 1976 and shall not be published. (2) BE IT ORDAINED, that the first paragraph of Sec. 25-7 . 1 , Availability charge, of the Town Code is hereby amended to read as follows : Sec. 25-7 . 1. Availability charge. In addition to the above fees, there shall be an availability charge. This charge shall apply to every water tap application and shall be a fixed charge, based on type of land use as stated below, and shall be payable in the following manner: Fifty per cent (50%a) shall be paid at the time of issuance of the zoning permit, and the remaining fifty per cent (50%) shall be paid at the time of issuance of the building water connection permit. An emergency exists and this Ordinance shall be enforced from February 1 , 1976 and shall not be published. Councilman Chamblin said the purpose of these ordinances is to help, the developers, however; he felt it must be looked at from the Towns side and from everybody s side. He felt that the availability fees should be paid when the Town is committed to provide water and sewer and this is when the zoning permit is issued . As proposed in this Ordinance, a builder could take a long time to build. Somebody has to pay for the system and this would be the taxpayer - not the de- veloper. For this reason, he said he cannot support the amendments to the ordinances . 38 MINUTES OF JANUARY 28, 1976 MEETING. Councilman Titus also felt that the Council has 7500 other people to represent and that the loss of revenue will have to be paid for by the customers of the system. He cited as an example of this that, when he moved into his house in 1970, he had to pay a $20. 00 deposit to reserve his water meter - this was not split. It doesn' t make any difference as to the degree - it is the princi- ple. He was aware of the fact that things are different now from three or four years ago, but he felt there would be situations where construction would drag. The Town would be committed, but the de- veloper would not be. Buyers of houses could also not be aware of the fact that one-half of these fees might not be paid - there is no law that says you must have an occupancy permit before you go to settlement. Yesterday, while circulating his petition for re-elec- tion to Council, he was asked if he will continue to speak out as he has in the past four year. He assured him he would and he will from here on, particularly in this case. He felt that this will "come back to haunt us. " Councilman Bange believed the split connection fees have little to do with the builder holding back or with an individual. In fact, it may help the individual more than the builder to pay half now and the other half at a later time. He felt the 50-50 proposition was the fair way for both the Town and the builder. The Town can put the first fifty per cent in the bank and draw interest on it while waiting for the other fifty per cent. As stated before, he felt that, if there was some way to make the builder, home-owner or contractor sign, he would be in favor of waiving availability fees "up front" entirely. Mayor Hill said he was going to support these amendments - in other areas, "up front" money is not required at all . He cited, as an example, the case of a young couple buying a house. They signed a commitment on Friday at 9 per cent interest, with 3 points . On Monday, this same Bank dropped the interest rate to 9 per cent and 2 points . He felt that those buying houses should be aware of re- quirements and that builders and attorneys should make their clients aware of these requirements. He felt it incumbent on the Town, if these amendments are adopted, that they be publicized and that a copy be sent to every builder and every attorney in town. He felt that this would help stimulate some economy in town. Councilman Newman felt that, without this, they would be stimu- lating a "no growth" attitude. Councilman Titus said he did not disagree with all the arguments presented, however, about the only business he knows of that does not receive its money "up front" is the professional field. He wished the Council would consider the other 7500 people they are sustaining - they are the ones that are going to pay the difference in the long run. A roll call vote was then taken on the two ordinances , showing a vote of 4 to 3, as follows: Aye: Councilmen Bange, Newman, Orr and Mayor Hill. Nay: Councilmen Chamblin, Rock and Titus. Councilman Rock called attention to the fact that an emergency ordi- nance requires a two-thirds vote. The ordinances were, therefore, defeated. For purposes of clarification, Mayor Hill said the availa- bility charges will then be due as specified now, that is, at the time of the issuance of the zoning certificate. On motion of Councilman Bange, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the requirements contained in Article 9 (Site Plan) of the Leesburg Zoning Ordinance be waived for Lawrence W. White, Jr. for an addition to the existing Tastee Freez Restaurant building located on East Market Street. Mr. Chamberlin, of DeLashmutt Associates, explained that Mr. White would like to make an addition to the front of the existing Tastee Freez, to add an eat-in area in the front. There is really no work MINUTES OF JANUARY 28, 1976 MEETING. 239 required on the site - this is why they are asking for the waiver. Both Councilmen Rock and Chamblin asked why the Town has a Site Plan Ordinance - the Council is always waiving it. Mayor Hill asked if this will increase the water and sewer requirements and, if so, how much? Mr. White said it would not increase it more than ten per cent . Councilman Orr asked about parking facilities . Mr. Chamberlin said Mr. Forbes has advised that there is enough existing parking. Coun- cilman Titus said the Town needs and is required to have a 90-foot right-of-way on Route 7, therefore, a 5-foot dedication is needed from Tastee-Freez. He said the Planning Commission should have caught this. He felt that this dedication should be designed on the State Highway plans, as opposed to a straight 5-foot dedication. On motion of Councilman Rock, seconded by Councilman Bange, the following amendment was proposed and unanimously adopted, as shown: contingent upon the dedication of the necessary right-of-way for the widening of Market Street (State Route 7) , accord- ing to VDH and T plans for the 90-foot right-of-way along the said street, being presented to the Council by February 11 , 1976. Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. The resolution, as amended, was then unanimously adopted, as shown, and reads as follows : BE IT RESOLVED, that the requirements contained in Article 9 (Site Plan) of the Leesburg Zoning Ordinance be waived for Lawrence W. White, Jr. for an addition to the existing Tastee Freez Restaurant building located on East Market Street, contingent upon the dedication of the necessary right-of-way for the widening of Market Street (State Route 7 ) , accord- ing to VDH and T plans for the 90-foot right-of-way along the said street , being presented to the Council by February 11 , 1976. Aye : Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the Town Attorney is hereby directed to work with the Administrative Staff in drawing proper documents for leasing to Virginia Beef Association 267841 acres of Town-owned land at end of Airport runway, at $15. 00 per acre per year. After explanantion by Councilman Newman and some little discussion as to length of time for this lease, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Newman, seconded by Councilman Orr, the following resolution was proposed: WHEREAS, the developer, Sidney Z. Mensh, has installed all of the improvements in Leesburg Estates, Section 4, in accordance with Town of Leesburg Standards and Specifications, and WHEREAS, the developer, Sidney Z. Mensh, has requested of the Town that the Performance Bond for the installation of these improvements be released, NOW, THEREFORE, BE IT RESOLVED, that the Performance Bond in the amount of $40, 000 for the installation of these im- provements in the public right-of-way of Leesburg Estates, Section 4, be released. 240 MINUTES OF JANUARY 28, 1976 MEETING. Mayor Hill said Mr. Chaves has advised that Mr. Mensh has performed under the bond. However, he felt it should be recognized that there are some problems out there to be reckoned with. Councilmen Titus and Chamblin both had conflicts of interest in this matter, there- fore, neither one will be voting on this matter. The resolution was then carried by a vote of 5 to 2 abstentions, as follows : Aye: Councilmen Bange, Newman, Orr, Rock and Mayor Hill. Nay: None. Abstentions : Councilmen Chamblin and Titus. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: 111 BE IT RESOLVED, that the Town Manager is hereby authorized to purchase a 1976 Custom 4-door Crew Cab 3/4-ton Pickup for the Water and Sewer Department from Dave Young Ford, Inc . , at a price of $4,449. 00, in accordance with their proposal of January 16, 1976, and BE IT FURTHER RESOLVED, that an appropriation of $4, 449. 00 is hereby made for this purpose from Utility Lines Division, Account #10120. 803 - Capital Outlay. It was explained that this was the lowest of four bids received. It is a Budget item and a necessary purchase. Councilman Bange objected on the basis that this is not a local business - he felt that the money should be kept in town. Councilman Orr agreed too that, in the future, Council should try to stick with the people who pay the taxes to the Town. The resolution was then adopted by a vote of 5 to 2, as shown: Aye: Councilmen Newman, Orr, Rock, Titus and Mayor Hill . Nay: Councilman Bange. Abstention: Councilman Chamblin. On motion of Councilman Newman, seconded by Councilman Orr, the following resolution was proposed : BE IT RESOLVED, that the V.F.W. Post #1177 be given a waiver of license fee to hold bingo games through Decem- ber 31, 1976. Councilman Orr suggested that all such waivers be presented at one time in the future. Mayor Hill felt that such items should be handled by the Administrative Staff. The resolution was then unanimously a- dopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was unanimously adopted, as shown: BE IT RESOLVED, that the Looseleaf Supplement Service for the Town Code, to be furnished by the Municipal Code Cor- poration in accordance with Agreement dated September 12, 1974 between said Corporation and the Town of Leesburg, shall be published on a quarterly basis, and BE IT FURTHER RESOLVED, that said Supplemental Service shall be furnished at a cost of $13. 00 per page for 100 copies. Aye: Councilmen Bange, Chamblin, Newman, Orr, 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 is hereby authorized to write a letter to VEPCO stating that the Town is not at this time contemplating the use of the VEPCO right-or:way MINUTES OF JANUARY 28 , 1976 MEETING. ( the old W. & 0. D. right-of-way) for a bike path due to existing obstructions on said right-of-way. Councilman Titus said this was discussed with VEPCO officials several months ago. It has now been found that there are several obstruc- tions that would probably prevent the Town from using this property. However, he hoped that, in the future, perhaps this can be worked out. Mayor Hill said that VEPCO could disturb the easement and would not be responsible for restoring it as it was, however, the Town would have to restore any damage caused by it. Councilman Newman said Falls Church has blacktopped a portion of the right-of-way in their area and it is a nice bike path, but they do not have the problems that Leesburg would have with Hirst' s and Jewell ' s . Mr. Devero was to thank Mr. Bradley for his cooperation, and also to ask if there has been any progress on the easement needed by the Town. The resolution was then unanimously adopted, as shown: Aye : Councilman Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made: $ 8, 702. 19 - Utility Fund #10120. 818B - Sydnor Hydro- dynamics, Inc. - Well Rehabilitation (3rd billing) . 780.00 - General Fund #10010. 262 - DeLashmutt Associ- ates - Boundary survey-Babson property. 2, 500.00 - Revenue Sharing Fund - Dewberry, Nealon and Davis - Storm Drainage Study-Town Branch. 1 , 040. 67 - Utility Fund #10310. 804 - Installation of Maz-o-Rator and spare parts, as follows: J. V. Santmyer, Inc. $313. 57 Robbins & Myers 727 . 10 300. 00 - Revenue Sharing Trust Fund - H. Wendell Kline - Appraisals of storm easements-Anderson and First Virginia Bank Property. 75. 00 - General Fund # 10010. 801 - DeLashmutt Associ- ates - Used Blueprinting Machine. 11 , 500.00 - General Fund #14020. 211 - VEPCO - Street Lights ( supplemental) . 6, 000. 00 - Utility Fund #10120. 211 - VEPCO - Wells (supplemental ) . 13, 500.00 - Utility Fund #10310. 211 - VEPCO - Water Pollu- tion Control Facility ( supplemental) . Mr. Timberlake explained that the billing on the Water Pollution Control Facility was 12 months old and that it took quite a while to get it straightened out. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Titus, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the funds remaining of the deposit for- feiture from C & M Construction Company be disbursed as fol- lows: 242 MINUTES OF JANUARY 28, 1975 MEETING. $ 991. 79 - Hall, Monahan, Engle, Mahan & Mitchell - Balance of taxes and maintenance bond (which expires 1/22/76) 316. 25 - Herndon Lumber & Millwork, Inc. - Reimburse- ment for professional services previously paid by them. 2, 712. 10, plus all interest earned to date in Savings Account #02-67390-8 in First Virginia Bank- First National - Huntland Homes of Leesburg Townhouse Association, c/o Herndon Lumber & Millwork, Inc. Councilman Newman felt that Mr. Martin' s lengthy letter to Mr. Cerick explains this. Mr. Martin said this "winds up" the entire matter. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the following appropriation be made: $14, 882 . 45 - Gull Corporation - Replace curb and gutter and sidewalks $6,057 . 68 - from Replace curb & gutter and sidewalk - #10110. 811 8, 824. 77 - from Street resurfacing - #10110. 809 Councilman Newman explained that this is for work done near the Hos- pital entrance. This is where water stands and it must be repaired, therefore the Town is withholding 10 per cent. Mr. Devero explained that the amount appropriated from Street Resurfacing is money left over from the street resurfacing program. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman (for discussion purposes only) , seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the sum of $2, 075. 00 is hereby appro- priated to the following accounts and in the following a- mounts for merit increases to salaries for the period retroactive to January 1 , 1976 through June 30, 1976: Grade Account No. Amount 8-B 2010. 105 $ 200. 00 15-D 4020. 103 375. 00 3-E 4020. 105 175. 00 15-E 5010. 103 400. 00 6-B 5010. 105 ( ) 100. 00 9-C 9010. 109 250. 00 13-C 10010. 104 325. 00 6-B 10010. 105 (1) 100. 00 2-C 10120. 107 150. 00 $2, 075 .00 and BE IT FURTHER RESOLVED, that the sum of $1 , 800.00 is hereby appropriated to Account #9010. 110 for payment of over-time for a period of six months for uniformed police officers . c1 r MINUTES OF JANUARY 28, 1976 MEETING. Councilman Rock explained that it was decided sometime ago that evaluations would be made by Department Heads, with merit increases to be based on these evaluations. Mayor Hill felt this was the proper way to reward those persons doing a good job. The resolu- tion was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Orr, seconded by Councilman Rock, Council voted unanimously to go into executive session at 9: 09 P.M. to discuss land acquisition, legal and personnel matters . Council reconvened at 10:08 P.M. , with no action being taken. On motion of Councilman Rock, seconded by Councilman Bange, Council adjourned at 10:09 P.M. ayor : Cter o ,the Council