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HomeMy Public PortalAbout1966_02_09 192 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 9, 1966. A regular meeting of the Leesburg Town Council was held in the Council . Chambers, Leesburg, Virginia on February 9, 1966, the meeting being called to order by the Mayor, with a prayer by Councilman Pumphrey. Those present were Councilmen C. A. English Cole, Maurice R. Lowenbach, Jr. , Walter F. Murray, Robert A. Orr and John W. Pumphrey; also present were Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman C. Maloy Fishback. The minutes of the meeting of January 26, 1966 were approved as written. Mayor Rollins asked that Council members remain for executive session at the close of the meeting. Town Manager Ritter explained the proposed changes in the Town of Leesburg, Standards to.be considered at this meeting, advising that the Street Committee has discussed these changes and approved them. Mr. Ritter reported that the Highway Department is possibly interested in building a residency shop on land located at the Airport, with the possibility of buying approximately 10 acres for this purpose. Mr. Kestner of Culpeper has been here and looked at the situation and is very much interested in it. Coun- cilman Lowenbach said he believed that careful consideration should be given to what the Highway Department wants, it would not be wise to interfere with possible continuation of the runway. Mayor Rollins asked the Town Manager to inform the Highway Department that the Town is interested in listening to their proposal and that they might be interested in an exchange of properties. Mr. Ritter said he would certainly like to praise all those personnel who worked so hard during the snow emergency and that he thought they should be publicly commended for the wonderful job they did. He reported that Buddy Newton worked 12 to 16 hours a day from Sunday through Wednesday, members of the Police Department did also, with Tommy Lloyd staying here until Tuesday, Glenn Harwood walking 7 miles to get here and Albert Keyes walking in from Prospect Hills in the worst of the storm. The Chief of Police, Kirk, drove a dump truck hauling snow for 2 days. Efforts were concentrated on emergencies during the first 2 days and then on hauling snow off the streets. The Town, with Buddy Newton and its front end loader, opened up most of the streets in Town, although this was the State 's job. Also, the huge drift on Route 15 South was opened up by the Town. The possibility of extra monetary compensation for these men was discussed, with the Town Manager pointing out that he be- lieved these men were dedicated to their jobs and did not expect anything extra for this, however, he felt sure they would appreciate extra consideration. Mayor Rollins referred this matter to the Finance Committee to work out a formula. Councilman Cole asked Town Attorney Martin to explain what he had found in connection with the two agreements between the Epilepsy Foundation and George and Rice. Mr. Martin explained that, according to these agreements, Mr. George and/or Mr. Rice would have an unrestricted right to tap into this sewer line. Mr. Cole said he believed this matter should be taken care of before the Child- ren 's Center Agreement with the Town is signed. - Councilman Cole said he had talked with Mr. Clayton of the FAA and that Mr. Clayton said he had spoken to Mr. Hammerly several times with regard to the road to the Airport. He stated that the request for Federal aid is based on a two- lane improved road being constructed from Route 7 to the Airport, and that he had received nothing in writing from the Town. Mr. Ritter said that he had written to Mr. Bozel with regard to this, asking what type of road is being built and the probable date of completion, but he has received no answer yet. The road is presently under construction by the Highway Department. Mr. Cole also said that Mr. Clayton had asked for photostats of checks in regard to bills at the Airport, but that he had received photostats of only the checks which had been written, not the cancelled checks. Mr. Ritter explained that, at the time, the can- celled checks had not come back. Mr. Cole said Mr. Clayton said they were goin to reaudit the whole account, so he did not know when we would get our money. Mr. Cole also said that Mr. Bennett was very much upset that the figures submitted by Johnson and Williams on the report of water and sewer operations was incorrect. Mr. Cole said he was working on this report and shouldhave it completed by the week-end. • -3- (e ) The maximum permissible velocity at average flow (before ~y applying peak flow factor ) should not exceed 15 feet per second. Suitable drop manholes shall be provided to break the steep slopes to limit the velocities in the connect- ing sewer pipes between manholes. Where drop manholes are impracticable for reduction of velocity, the sewer shall be of cast iron or other abrasion resistant ma- terial. Terminal manhole sections will require a mini- mum slope in feet per hundred feet of 0.80 feet. Sewer Pipe The following type of pipe shall be used : Vitrified clay pipe, conforming to ASTM specifications, C425-60T, Type 3) super-o-ring joints. Where extra strength clay pipe is required, the pipe shall conform to ASTM specifications , C200-59T, Type 3 , super-o- ring joints. Joints shall be assembled by inserting the spigot joint in- to the bell joint of the previously laid pipe and pushed "home" through the use of a lever bar and wood block applied at the bell end of the pipe being laid. Pipe Cover The maximum permissible depth of pipe cover shall be governed by the latest ASTM recommendations for the type and class of sewer pipe. Preparation of Plans Preliminary Plats Approval of preliminary plats by the Town Engineer as required by the Town of Leesburg Subdivision Code , will require the fol- lowing additional information. (a) Proposed locations and size of sewers (with flow arrows) , sewage pumping stations and treatment facilities. • It 1.. -8- Water Mains and Fittings : All mains and fittings shall be designed to withstand a normal working pressure of not less than 150 pounds per square inch and earth cover of at least three feet , and shall conform to the standard specifications of the American Water Works Association. No water mains shall be less than 6 inch I. D. For water mains up to and including 12" I.D. , Class 22 metal thick- ness .shall be used. The pipe shall be cement lined, and shall have mechanical joint ends or slip joints, in accordance with Federal Specs. WW-P-421b. Mains shall be laid on a loop or grid system with cross mains spaced not more than 1 ,000 feet apart and with no dead-end length exceeding 500 feet. Not more than one fire hydrant shall be located on any six inch dead-end main and said fire hydrant shall be located not more than 300 feet from a looped main. All dead-end mains shall have adequate blow-off valves at the ends thereof. Automatic air- relief valves shall be installed at the high points of water mains where accumulation of air may interfere with the flow. All bends and elbows of 6 inch Z.D. or larger shall be installed with suitable concrete thrust blocks poured in place with the con- crete deposited against firm, undisturbed earth. The horizontal distance between water mains and existing or projected sewers shall be not less than 10 feet , except where the water main is located at a higher elevation (1.0 foot minimum) than the top of the sewer, in which case a minimum horizontal distance of 6 feet will be permissible. Valves: All valves shall be manufactured by Mueller , or by Darling Valve Co. , or an approved equal , and shall open to the left. Valves shall be installed at appropriate points in all mains so as to per- mit the cutting off of water from sections of reasonable length. Each valve shall be accessible for operation with standard valve key through an approved valve box extending to the ground surface. Valve Boxes: Valve boxes shall be placed at all valves and shall be two piece slip type suitable for bury. Fire Hydrants : All fire hydrants shall meet Mueller #107 specifications, or A. P. Smith Co. , Model H-100, or an approved equal, and shall con- form to the American Water Works Association standard specifications for fire hydrants for ordinary water works service. Said hydrants shall have two (2) 44 inch nozzles and one (1 ) 41/2 inch pumper nozzle with National Standard fire hose coupling screw threads, and with a 6" elbow, M.J. connection and 4 ' bury. Nozzle caps shall be provided for all outlets with suitable gaskets to provide a tight seal with the nozzles. Said caps shall be securely chained to the barrel of the hydrant. Cap nuts shall have the same dimensions as the operat- ing nut of the hydrant. The size of the main valve opening of the hydrant shall be not less than 4 inches. In water systems and extensions serving one-family and/or two-family residential subdivisions, fire hydrants shall be installed at such locations that there will be at least one hydrant within 300 feet of the nearest wall of any building (existing or future at ultimate development) served by said system or by said extension, The total number of fire hydrants in each such subdivision shall be not less than the total acreage of the subdivision divided by 2.75. Hydrants along streets or roads on which residences of such subdivisions front shall be spaced not more than 500 feet apart , and shall be set so that the top of the protection case cap shall be approximately level with sidewalk. No portion of the hydrant shall be closer than 6 inches from the face of the curb, measured horizontally. 193 MINUTES OF FEBRUARY 9, 1966 MEETING. �� Mr. Ritter reported that Johnson and Williams still has some field work to be done before bids can be sent out and this will be done as soon as the snow is off the ground. . r-- . Upon motion of Councilman Murray, seconded by Councilman Cole, the follow- ing resolution was unanimously adopted: BE IT RESOLVED that the Town Council of the Town of Leesburg publicly commend the Maintenance Personnel, Police Department and others who were involved in minimizing the inconvenience and suffering during the recent. snow emergency. ,� . Councilman Pumphrey reported that he had had complaints about one or two cars being parked on Liberty Street between Market and Loudoun, these cars hav- ing no licenses on them. Mr. Ritter is to check into this. Mayor Rollins said that the Peoples National Bank is very much concerned about their problem with pigeons and he understood. that, under the Town Ordi- nance, the Town Manager could give permission to shoot these birds. Mr. Ritter said he had given the name of an animal repellent company to an official of the Bank and that he understood that he was going to get some of this "Bird Stop" LO and try it. Com.. Mayor Rollins reported that a sales tax bill under. consideration in the L State Legislature, as presently written, would give any rebate to the Counties, C, and none to the Town, which would thereby eliminate our present business li- cense tax of about $30,000 income to the Town. He asked that Council members contact anyone they might know who would have any influence in the Legislature, asking that some of this rebate come to Towns also. Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT. RESOLVED by the Town Council of the Town of Leesburg, that the fol- lowing appropriations be made from the Public Improvement Account: $ , 400.00 - N. McK. Downs. for Storm Drain Easement appraisals. 70,527.08 - Tri-County Asphalt for Payment #4 on Storm Sewer Project. (Note : $5,000.00 is being retained in addition to $5,319.21, representing 3% retainage fee). Upon motion of Councilman Pumphrey, seconded by Councilman Murray, the fol- lowing resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made for appraisals of Dunn property: $ 100.00 - H. Wendell Kline 100.00 - Moore, Clemens & Co. Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the fol- lowing resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town of Leesburg Standards, which were approved by the Town Council on August 27, 1962, be amended by revisions to Sheets 3 and 8, as shown on attached revised sheets. Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the fol- lowing resolution was unanimously adopted: BE IT RESOLVED -by the Town Council of the Town of Leesburg, that the Dunn. interests be contacted and offered $60,000.00, this offer being based upon the two appraisals made by Moore, Clemens & Company and H. Wendell Kline. Mayor Rollins asked Mr. Cole to handle this proposal. 194 MINUTES OF FEBRUARY 9, 1966 MEETING. • tp. Upon motion of Councilman Lowenbach, seconded by Councilman Orr, the follow- , ing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the -7 Mayor be authorized to sign the easement agreement between the Town of Leesburg, Arl Curry and the Washington and Old Dominion Railway. The Agreement is as follows: THIS AGREEMENT, made this day of , 1966, between WASH- INGTON AND OLD DOMINION RAILROAD, a Virginia Corporation, hereinafter called the "Railway", and ARL CURRY and KATHERINE R. CURRY, hereinafter called "Owner", and THE TOWN OF LEESBURG, in Virginia, hereinafter called the "Town"; WITNESSETH: • That the Railway does hereby- permit the said Arl Curry and Katherine R. Curry, Owners to install an Eight Inch (8") sanitary sewer, pipe line, together with the necessary casing, vents, fixtures and ap- purtenances thereto, hereinafter referred to collectively as "Crossing" • and-does hereby license and permit the Town to operate and maintain said "Crossing" upon, under and across the land and under the tracks of the Railway at a point located between Mile Posts 37 and 38 at Valuation Station 1982 and 53, at or near Leesburg, County of Loudoun; State of Virginia, as described on the attached "Exhibit A", dated , which is/are made a part of this agreement, upon the following terms, covenants and. conditions: • • 1. Before constructing said Crossing, said Owner shall, at its sole • cost and expense, obtain all necessary authority therefor from any pub- lic authority or authorities having jurisdiction in the premises, and shall thereafter observe and comply with the requirements of such pub- • lic authority or authorities and all applicable laws and regulations. 2. No less than 48 hours written notice shall be given to Railway's Superintendent, hereinafter referred to as "Superintendent", at Arl- ington, Virginia, before the work of constructing and installing said Crossing shall be commenced, and like notice, except in emergency cases, before any maintenance, renewal, relocation, alteration, chang- ing and removal is performed; provided, however, that all such work shall be done at such time or times, and in such manner, as shall be satisfactory to Railway 's Superintendent or his duly authorized repre- sentative, hereinafter referred to as- "Superintendent". 3. Owner shall install and The Town thereafter operate and maintain, at their respective sole risk, cost and expense, the aforesaid Cross- ing in accordance with said Exhibit A, and American Railway Engineer- ing Association, Specifications for Pipelines for conveying Flammable and Non-Flammable Sustances--1962, or such subsequent revisions thereof as may be approved by Railway 's Superintendent, which are incorporated herein and made a part hereof by reference. 4. Owner shall perform all of such work safely, expeditiously, in a workmanlike manner, and in accordance with good engineering practices, and without damage to or interference with the operations and facili- ' ties of the Railway. Said Owner shall fill and thoroughly tamp all trenches to prevent settling of the surface of the land and roadbed of the Railway, and shall either remove any surplus earth or material from the Railway's premises or cause the same to be placed and dis- tributed thereon at such locations and in such manner as the Railway's Superintendent may direct. Owner shall leave said premises in a condi- tion satisfactory to the Railway's Superintendent. • 5. Owner agrees, at its sole risk, cost and expense, to make such tests as in the judgment of the Railway may become necessary to de- . termine if the operation, existence or maintenance of the said Cross- ing, or the protection provided therefor against corrosion, causes interference with' any of the Railway's facilities whatsoever. Owner further agrees, upon written notice from Railway of such interference, to make, at its sole risk, cost and expense, such changes as may be necessary to eliminate such interference. .n 1 195 MINUTES OF FEBRUARY 9, 1966 MEETING. . • 6. A. Railway shall in no case be held liable for any damage to said Crossing, including, but not limited to:; the loss of or interference with , ' the service provided thereby, by reason of the operation of its railroad or acts of its employees, or otherwise, and The Town shall and will at all times release, indemnify and save harmless Railway from and against any and all liability, loss, detriments, costs, damages, charges and ex- penses which Railway may suffer, sustain, be put to or be in any way sub- jected to on account of the death of or injury to any person or persons or damage to or destruction of any property, including but not limited to the employees and property of Railway, arising out of or in any man- ner connected with the location, existence, operation, maintenance, re- newal, changing, alteration, relocation or removal of said Crossing, re- gardless of whether such death, injury, damage or destruction shall be caused by the negligence of the Railway or otherwise. B. Railway shall in no case be held liable for any damage to said Crossing, including, but not limited to, the loss of or interference with the service provided thereby, by reason of the operation of its railroad or acts of its employees, or otherwise, and Owner shall and will at all times release, indemnify and save harmless Railway from and against any and all liability, loss, detriments, costs, damages, 00 charges and expenses which Railway may suffer, sustain, be put to or be in any way subjected to on account of the death of or injury to any CD person or persons or damage to or destruction of any property, including 'L-- but not limited to the employees and property of Railway, arising out of U or in any manner connected with the installation of said Crossing, re- gardless of whether such death, injury, damage or destruction shall be caused by the negligence of the Railway or otherwise. 7. A. Said Crossing shall be installed to the satisfaction and approval of the Railway's Superintendent, and in case of the failure of Owner to do the work as herein specified, the Railway reserves the right to re- move, at the sole cost and expense of Owner, the Crossing from its land and terminate this Agreement upon five (5) days notice to Owner. B. Said Crossing shall be maintained and operated to the satisfac- tion and approval of the Railway's Superintendent, and in case of the failure of the Town to make such repairs as, in the judgment of the Superintendent, may become necessary, the Railway reserves the right to remove, at the sole cost and expense of the Town, the Crossing from its land and terminate this Agreement upon five (5) days notice to the Town. 8. It is further agreed that the Town, at its sole risk, cost and ex- pense, will change, alter or relocate said Crossing within thirty (30) days after receipt of notice from Railway so to do, to a location and in a manner satisfactory to Railway's Superintendent to permit the Rail- way to make future alterations of the line or grade of the railroad, • to construct additional tracks, or to make any other additions and bet- terments whatsoever, which rights Railway hereby reserves unto itself. Any such change, alteration or relocation of said Crossing shall be in accordance with the requirements of this agreement. • 9. A. Arl Curry and Katherine R. Curry, Owners, hereby agree to re- imburse the Railway for any and all expenses (the cost of which shall include the surcharges customarily made by the Railway) , that the Rail- way may incur or be subjected to, for or in consequence of the instal- lation or location of the Crossing, or the removal thereof as herein provided, within thirty (30) days after receipt of the Railway's state- ment. 111B. The Town hereby agrees to reimburse the Railway for any and all expenses (the cost of which shall include the surcharges customarily made by the Railway) , that the Railway may incur or be subjected to, for or in consequence of the changing, alteration, relocation, opera- tion, maintenance or renewal of the Crossing, or the removal thereof as herein provided, within thirty (30) days after receipt of the Rail- way's statement. 196. MINUTES OF FEBRUARY 9, 1966 MEETING. 10. Nothing herein contained shall be construed to permit -the -Owner or the Town to move, except at public road crossings, any equipment over the tracks of the Railway. If and when it is desired to move any such equipment, the Town shall notify the Superintendent sufficiently in ad- vance of such movement so that arrangements may be made and covering agreement, if required by Railway, may be executed. 11. The Town agrees to pay a rental of One Dollar. ($1.00) per annum, payable annually in advance of each year during the life of this agree- ment, and Arl Curry and Katherine R. Curry agree to pay a fee of $60.00 toward the cost of preparation of this agreement and supervision expense. ' Annual rental shall be subject to periodic review and adjustment. 12. In the -event the Town shall at any time desire to make changes in the physical or operational characteristics of said Crossing, it shall first secure in writing the consent and approval of Railway, and the Town agrees that such changes shall be made at its sole .risk, cost and expense, and subject to all the terms, covenants, conditions, and limi- tations of this agreement. • 13. Unless terminated as -provided in Section 7 hereof, this agreement shall continue in force and effect until the date of delivery of deed or deeds by which the Railway conveys this property to the Commonwealth of Virginia, or until terminated by thirty (30) days' notice in writing from either party to the other , of its intention to terminate the same, whichever occurs first, except that termination of this agreement shall not relieve or release the Town from any liability or obligation which May have been incurred or assumed by the Town hereunder, prior to ter- mination and Railway shall not be held liable in any way or for any cause resulting from, arising out of or in any manner connected with termination of this agreement. 14. In the event this agreement shall be terminated as herein pro- vided, or the Town, in the judgment of Railway, shall have abandoned said Crossing, said Town shall, at its sole risk, cost, and expense, upon request of Railway so to do, remove said crossing from and across the right of way and premises aforesaid, and in the event of the fail- ure or refusal of the Town within thirty (30) days after receipt of such request to remove said . Crossing and restore and leave said right of way and premises in as good condition as before the installation of said Crossing, then and in that event Railway, without incurring any liability to the Town, may, at its option, remove said Crossing. The Town shall reimburse Railway for the entire cost and expense of such removal and restoration within thirty (30) days after receipt of Railway's bill. Railway 's Superintendent may permit said Crossing to be filled and compacted, purged and sealed, or otherwise retired in place. • 15. This agreement shall be binding upon the successors and assigns of the Railway and upon the heirs, personal representatives, succes- sors in office, successors and assigns of the Town, and shall not be assigned without the written consent of the Railway. • 16. In the event of a termination under this agreement during the time the- crossing is under construction and within one year from date of completion of construction, and in the event the Railway requires removal of the crossing, said- cost will be borne by Arl and Katherine Curry rather than the Town. In the event that any alteration or repair of said sewer line, with- in the right of way, shall be necessary within one year of. the comple- tion of construction, the cost of said alterations or repairs shall be borne by Curry. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be duly executed as of the day and year first above written. WASHINGTON AND OLD DOMINION RAIL= Approved as to Form: ROAD by Its 197 MINUTES OF. FEBRUARY 9, 1966 MEETING. Approved: Superintendent Town of Leesburg by • Arl Curry, Owner Katherine R. Curry, Owner There being no further business, the meeting was adjourned with general consent at 8 :30 P.M. 00 U;• � Mayor Co Clerk of the� unci_ U D 1