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HomeMy Public PortalAbout1965_04_05 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 5, 1965. A regular meeting of the Leesburg. Town Council was held in the Council Cham- bers, Leesburg, Virginia, on April 5, 1965. The meeting was called to order by Mayor Pro-Tem Robert A. Orr , with Councilman C. A. English Cole leading the group in a moment of silent prayer. Those present were Mayor Kenneth B. Rollins, Councilmen C. A. English Cole, C. Grey Dodd, C. Maloy Fishback, Maurice R. Lowen- bach, Jr. , Robert A. Orr and John W. Pumphrey; also Town Manager James W. Ritter , Jr. and Town Attorney George M. Martin. The Minutes of the regular meeting of March 15, 1965 were approved with gene- ral consent. Mr. W. J. Farrell of Farrell 's Flower Shop appeared before Council to ask their approval to change a double window in the residence located at 5 E. Loud- oun Street to a bay window, which window would encroach 8 inches over the side- walk. Mr. Forbes explained that if Mr. Farrell secures the approval of this Council, he will then have to go before the Board of Architectural Review for their approval. Upon motion of Councilman Pumphrey, seconded by Councilman Lowen- bach, Council voted unanimously that this request be granted. Town Manager Ritter gave a rather lengthy report on the various activities that he and the Town employees had been conducting over the past several weeks. First, he reported that he had gone to Culpeper to discuss various items with Mr. C. W. Kestner, District Engineer , Virginia Department of Highways, these items being as follows: (1) The cutting down of the existing hill on Loudoun Street just west of Dry Mill Road. Mr. Kestner recommended one or the other of two methods to take care of this situation, either adopt one-way streets, for which a plan is on file in the Town Office, or the Council adopt a resolution asking the State Highway Department to do this work, the funds to come out of secondary road money. (2) . The North King Street project from Union Street to North Street. Mr. Kestner stated that he was familiar with this dangerous situa- tion and agreed wholeheartedly that something should be done to correct it. He recommended that Council adopt a resolution asking that the State Highway Depart- ment do this work at the earliest possible moment, stating, though, that he did not .believe it could be included in this year 's budget , but believed it could be included in the budget for 1966=67. . (3) The storm drain easements on Fort Evans Road.. During heavy rainstorms, the property of Miss Rebbie deButts and Roger Damewood is flooded. Bir..- Ritter recommended to Mr. Kestner that pipe be ex- tended down to a point-northwest of the deButts residence and then turn back to Route 7, since this is the natural drainage area. Mr. Ritter told Mr. Kestner that Council had previously passed a resolution asking the Highway Department to study this problem. Mr. Kestner stated that he would have a survey made of this area to find out what can be done to alleviate this situation. Mr. Ritter also said that he thought structures' should be erected at each road crossing and railroad crossing on the By-Pass, which item is to come up later in the meeting. He stated that Town crews were continuing to check into down- spouts which empty into the sanitary sewer system, that the Elementary School, the Episcopal Church and the Jail had been checked and found that they emptied into the gutter. The property of Gordon Warner and the Janney property empty into the sewer. He reported that the Town had corrected the Janney property. Mr. Ritter also reported that Johnson and Williams have started work on their sewer survey of the North Street-Harrison Street area. So far he has had very good reception from the property owners in that area with regard to storm drainage easements and does not anticipate any trouble in securing these easements from the people in this area.. He also reported that construction on two sidewalks will soon be started, one at the Carleton Penn Building and the one on the Old Waterford Road. He stated that as soon as a transit could be borrowed , the lines would be staked out for this sidewalk and the Power Company would then remove the poles that are in the way of this construction. Councilman Fishback offered to loan the Town a transit to 'do this work. Mr. Ritter also reminded Council that the very important matter of garbage I collection would soon be coming up and that it should be discussed at the next Utility Committee meeting this coming Thursday night, that the Town would have to decide whether they were going to contract this work again or go into the trash collection business itself. He stated that he had heard nothing from the Water Control Board since the meeting which was to have been held last Tuesday with the Health Department , but that he had talked with Mr. Paessler once and found that he 87. MINUTES OF APRIL 5, 1965 MEETING. had decided to go along with the Health Department in their decision not approv- ing the plans adopted by Council for sewage treatment expansion. He also stated that representatives of the Health Department would be in Leesburg on April 8th to go over with the operator of the sewer plant the use of the testing equipment recently acquired by the Town in accordance with direction of the Health Depart- ment. He also stated that he would like to have an executive session with the Council after adjournment. Mayor Rollins reported on the trip made to Richmond to see Mr. Gordon Bennett. He stated that it seemed to be the unanimous feeling that both bond issues should be sold at the same time in order to get a better interest rate. Mr. Bennett sug- ' gested that the Town borrow money from a local bank in order to go ahead with the storm drainage project and other projects until such time as a plan could be ap- proved by the Health Department and the Water Control Board for the sewage treat- ment expansion, and then both bond issues could be advertised and sold at the same time. Councilman Dodd, whoalso went to Richmond with the group, stated that it was his understanding that the bonds could be sold at a better season by doing this, a season when--the interest rate would be better for the Town, and also that a temporary loan from a local Bank could be extended over a 2-year period. Councilman Cole asked if there is any late material on those people whose sewers are hooked to the storm sewer. Mr. Ritter replied that this matter would )10 be taken up in executive session. OCouncilman Pumphrey reported that he had complaints from Miss Jessie Hammerly with regard to trash can lids being left off of the cans and being run over and V .flattened out. Mayor Rollins announced that this coming Friday, April 9th, is the deadline for filing for Council and Mayor for the coming election in June. He stated that he was elected two years ago after a very vigorous campaign and that he had en- joyed being Mayor for the past two years. He also said that he was proud of the accomplishments of this Council ; that there was a limited amount of money to work with and that various members had different ideas about the various items under discussion, but that great things could not be accomplished overnight because we do not have the things to do with. He believes the things that have been done 111 by this Council have been good for the Town, among them being trash collection three times a week in the business areas, the new roads built, particularly the ones on Vinegar Hill. He stated that plans are on the ' table for storm drainage for the whole area of Leesburg and that this doesn't come cheap and cannot be accomplished overnight. He stated that they had been working for two years on the sewage disposal facilities and that they are trying to make the best deci- sion possible; he believedthat this Council had reached a good decision in re- gard to this. He thinks the Town is ready to do what needs to be done to see that sewage disposal facilities are erected. He stated that he believed that one of the biggest problems in getting things accomplished in Town was the lack of continuity of office of the Council members; that it takes a year or more to understand what there is to work with and what has to be done. He congratulated this Council on the way they have worked together , stating that we are here to agree or disagree and, after a decision has been made, to go out and support this decision. He stated that his policy was that if there is ever a time when the Town of Leesburg and its employees can be of any benefit to the people of this Town, then they can be of service to them. He thinks the Town should do what the people want. The Mayor is not elected to dictate to the Council ; he sits to try to get the Council to work together , to try to get them to agree on something; he didn 't believe he had tried to persuades them to do anything. He ended by saying that he would be a candidate for re-election. Councilman Fishback stated that he intended to file for re-election tomorrow. He stated that he considered it a pleasure to serve and that he had done the best he could. He stated that "God giving me the health, I''ll do the best I can." Councilman Pumphrey said he has enjoyed serving the Council for over the last five years and that he would stand on his record and pledge his support to the people of Leesburg; that he believed he had proven his ability to get along with the Council members over the last three Councils. He stated that he expected to file for re-election. Councilman Dodd stated that he had enjoyed serving with this Council , but that he would refrain from running again. - 88 MINUTES OF APRIL 5, 1965 MEETING. Upon motion of Councilman Fishback, seconded by Councilman Lowenbach, the following resolution was placed on the floor for discussion: • BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to direct Walter Phillips to advertise for bids on the construction of Storm Drainage Improvements in Area One and Area Two, as shown on plans prepared by them, and referred to as the "Woodberry Drainage Area" and the "A & P Drainage Area. " • AND BE IT FURTHER RESOLVED, that Walter Phillips be authorized to ad- vertise for bids on the construction of a Street Improvement Project on N. King Street between Union Street and North Street, in accord- ance with plans prepared by them, dated August 14, 1964. Upon motion of Councilman Orr, seconded by Councilman Pumphrey, a roll call vote of 4 to 3 deleted the second paragraph of this resolution, with Councilmen Cole and Fishback and Mayor Rollins voting against the motion. Councilman Fishback moved to further amend this resolution, seconded by Councilman Orr, in the following manner, with the roll call vote showing 6 for and 1 against, with Mayor Rollins casting the dissenting vote : BE IT FURTHER RESOLVED, that a copi of the conditions and specifications be sent to the. Town Attorney for his approval prior to the bids being ad- vertised. A roll call vote of -4 to 3 was then taken on the entire resolution, adopting said resolution as amended and as shown below, those voting against being Councilmen Lowenbach, Orr .and Pumphrey. BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to direct Walter Phillips to advertise for bids on the construction of Storm Drainage Improvements in Area One and Area Two , as shown on plans prepared by them, and referred to as the "Woodberry Drainage Area" and the "A & P Drainage Area. " BE IT FURTHER RESOLVED, that a copy of the conditions and specifica- tions be sent to the Town Attorney for his approval-prior to the bids being advertised. Upon motion of Councilman Orr , seconded by Councilman Dodd, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that Mayor Kenneth B. Rollins be appointed Police Justice for the Town of Lees- burg, and to have such powers and authority as provided in the Town Charter , and to receive such compensation as determined by the Council. Upon motion of Councilman Fishback, seconded by Councilman Orr , the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that Thomas W. Murtaugh be appointed Substitute Police Justice for the Town of Lees- burg, who shall serve in. -the absence of the Police Justice, and shall have the same power and authority of the Police Justice, and to re- ceive such compensation as determined by the Town Council. Upon motion of Councilman Pumphrey, seconded by Councilman Dodd, Council voted unanimously to appropriate the following: An amount of $51..45 for Christmas Lighting, in accordance with VEPCO's corrected bill dated March 19, 1965. ' Councilman Orr wished to go on record as saying that next year when the ques- tion of Christmas lighting comes up, there should be a top amount decided for the Town to pay. Upon motion of Councilman Orr , seconded by Councilman Cole , the following appropriation was unanimously voted : 8ca. MINUTES OF APRIL 5, 1965 MEETING. An amount of $150.00 for Parking Meter Maintenance to cover cost of needed parts to repair parking.meters. Upon motion of Councilman Pumphrey , seconded by Councilman Cole, the follow- ing resolution was unanimously adopted : It being the general consensus of the Town of Leesburg that the By-Pass was to be built to relieve the congestion of the narrow streets from the traffic of large trucks and commercial vehicles. BE IT, THEREFORE, RESOLVED by the Council for the Town of Leesburg, that the State be requested to appropriate the necessary funds to build the bridges for grade separations, as called for in the origi- nal plans presented to the Town and Board of Supervisors for approval, and that this change be included in the immediate plans for the follow- ing reasons : (1) The By-Pass, as it is being built, with grade crossings encumbered with stop signs and stop lights, will defeat the purpose for which it is being built and drive the traffic back into Leesburg over the shorter route. JO - (2) If included in the present plan, they can be built at a much lower 0 cost to -the State in tax none y, as land necessary for interchanges will, at a future date, be developed. (3) Due to our rapid rate of growth in relationship to the Dulles In- ternational Airport and the Nation 's Capitol, greater consideration should be given, at this time , to the rapid increase in traffic our roads will have 'to support. BE IT FURTHER RESOLVED, that a copy of this resolution be sent to G. P.- Bozel , Resident Engineer , C. W. Kestner , District Engineer, Douglas B. Fugate, Commissioner of Highways and Honorable Albertis S. Harrison, Governor of Virginia. BE IT FURTHER RESOLVED, that the Loudoun County Board of Supervisors be presented a copy of this resolution by the Mayor , and request their par- ticipation in behalf of the County.,. petitioning the State to restore the necessary money to complete this project as it was originally planned for the safety of our citizens and the orderly flow of traffic. Mayor Rollins asked Mr. Ritter to 'mail a copy of the resolution passed by ' Council at its meeting on March 1 , 1965 in regard to the sale of the W. & 0. D. Railroad to the Interstate Commerce Commission in Washington, D. C. Upon motion of' Councilman Fishback, seconded by Councilman Lowenbach, the following Ordinance was placed on the ,floor for discussion: BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 19-15 of the Town Code be amended to read as follows: Sec. 19-15. Allowing rain water, etc . to run into sewer. It shall be unlawful for the owner of any premises to permit rain water from any roof of a building on such premises or from the ground or drainage from the yard or outside areaway to run into the sanitary sewer system. Upon motion of the Mayor , seconded by Councilman Orr, Council voted unanimously to amend this Ordinance to read: This Ordinance shall not apply to outside areaways in existence as of April 5, 1965. A unanimous vote on the entire Ordinance , as amended , was then unanimously adopted. Mr. Ritter was directed to send a copy of this Ordinance to the County Building Inspector. 90 MINUTES OF APRIL 5 , 1965 MEETING. Councilman Cole said he had talked with Mr. Clayton of the FAA and had asked him if they had approved the audit. He said they had tentatively ap- proved approximately $17,000.00 of expenses. He asked Mr. Cole about a taxiway they were going to build at the Airport. Mr. Cole said that he was not aware of --_ any taxiway being built and asked him who was going to pay for it , to which Mr. Clayton replied that the Town was. Mr. Cole asked if Council was aware that a taxiway was going to be built. The Mayor said he knew nothing about the Town paying for it. Councilman Lowenbach said that the State was willing to give $29,000 (one-half the cost of construction) ; that there is no money in the FAA Budget for 1965-66 that will match this figure. He said that Mr. Hammerly said the FAA would match it as soon as money becomes available. He stated that it is a hazardous situation as it is now, that planes come in on the runway and hava to turn around and come back up the same runway. He said the Commission had no intention of doing it this way , that one agency or the other would have it in the .budget .for. 1966-1967. . . Councilman Fishback asked why everyone seemed to be so bitter against the N. King Street project. Mayor Rollins said he thought it was one of the most dangerous situations existing in the -Town and that he would like to see some- thing done about it. He believes it.derelict for the Council not to do some- thing about it. Councilman Orr stated that he had been trying to get something done about the hill on Loudoun Street just west of Dry Mill Road ever since he had been on Council and that he considered this just as dangerous a situation. Councilman Fishback stated that this matter was brought up 8 years ago and that the Council passed a resolution to make one-way streets and the Statye appropriated money for this. The next Council came along and cancelled this action. It was brought up again when he served on the next Council, but they couldn't get enough votes to pass one-way streets. The Mayor asked Councilman Orr what ef- fect he believed the By-Pass would have on this North King Street traffic. He replied that he thought the situation on Loudoun Street was just as bad. Council- man Pumphrey stated that Loudoun Street is in the secondary system and King Street is in the primary system, and he believed it is the State 's problem. The meeting adjourned at this time , with Council going into executive session. On motion of Councilman Cole, seconded by Councilman Pumphrey, Council went back in session at 9 :50 P.M. On a suggestion by Mr. Dodd, the matter that was discussed during the executive session will be discussed again at the Utility Committee meeting on Thursday night. • The meeting adjourned at 9:55 P.M. liv:L Mayor I 1 4/196-c-c ' Clerk of e Council 1 A