HomeMy Public PortalAbout1966_04_13 208
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MINUTES OF- REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 13, 1966.
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, Leesburg,• Virginia on April 13, 1966, the meeting being called to
;; order by Mayor Pro-Tem Robert A. Orr, with. a prayer by Councilman Cole. Those
present were Mayor Rollins, Councilmen C. A. English Cole, C. Maloy Fishback,
• ; 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.
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The minutes of the meeting of March 23, -1966 were approved as written.
Mr. William W. Nickels, Attorney, addressed Council on behalf of Mrs.
Steve Savopoulos, who complained that the area used- for parking next to the
C. J. Payne Heating & Cooling Co. , which property is next to her residence,
is- lowering the value of her property, as well as being a nuisance. She said
that the lot is being used by rowdy persons at night , as well as the fact that
the gravel on the lot causes a dusty condition in dry weather. Councilman Mur-
ray suggested that the Town Manager contact Mr. Payne to see if some barrier
could not be -erected to prevent night-time parking on this lot. Councilman
Lowenbach stated that he did not believe the Town had any jurisdiction over
private property. Mrs. Ruth Bishop, also a resident of the same neighborhood,
stated that her property had been zoned commercial without her knowledge and
she felt that property owners should be notified when such change has been made.
It was pointed out that public hearings are held in cases where rezoning is re-
quested and it is up to the property owners to attend these hearings and express
their feelings at such time. After further discussion of this matter, Mayor
Rollins asked- Mr. Ritter to contact Mr. Payne and see if some barrier could be
provided to prevent night parking on this lot and ask him to try to keep the
dust down.
A proposed Advertisement for Bids for the construction of the north taxiway
extension at the Leesburg Municipal Airport was discussed. Mr. Stanley Caulkins
of the Airport Commission was present and stated that he and Mr. Ritter had
been discussing 'this matter and the matter of the Chantilly Lease and trying
to bring this matter to a conclusion. Mr. Ritter called Mr. Clayton of the FAA
regarding the Federal Aviation Agency 's position on the grant for this extension
and was.'.advised that no •grant would be made until the first phase of the Air-
port
Grant Agreement had been concluded, this being held up by the fact that
the lease with Chantilly. Aviation has never been finalized, nor approved by
FAA. Town Attorney Martin said that he believed we would have to notify Chan-
tilly that they are operating under an invalid lease. Mr. Caulkins said he had
talked with Mr. Darr of Chantilly Aviation and that he had said their attorney,
Mr. Cowles, would be available to discuss this matter this past Friday, but noth-
ing .has been heard from Mr. Darr yet.
Upon' motion of Councilman Lowenbach, seconded by Councilman Cole, Council
voted unanimously that the Airport Commission discuss this matter with Mr. Cowles
and with Mr. VanGulick and try to finalize this lease and bring it back to the
next meeting.
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Town Manager Ritter reported on the following items:
(1) Mr. Gordon Bennett called yesterday and said he had heard from Moody
and that they have given the Town an "A" rating. Bonds are selling for around 355%,
which is better than for some time. Moody is aware of our commitments for fi-
nancing our future plans. The brochure is almost complete.
(2) Mr. Kestner called and recommended that we wait until July 1 , 1967 be-
fore taking over our streets. He feels that if we take them over now, the Route
15 project would be thrown out. However , Mr. Bolton, the State Urban Engineer ,
advises that this would not make any difference, that we could obtain urban
' money for this project. Mr. Kestner is still willing to meet with us at any
time to discuss the taking over of our own streets. Mr. Bolton would like to
know as soon as possible what we plan to do.
(3) FAA was written regarding our leasing a portion of the clear zone area
at the Airport to the Highway Department. This cannot be done. FAA pointed out
that in our Grant Agreement, there is a requirement for all fee title property
to be kept clear of all structures. Therefore, we -cannot consent to a structure
on Parcel 2, which takes in just about all of this area. ' This area is 21 acres
and the Highway Department was desirous of leasing approximately one-half of it.
The Highway Department has been advised of this.
209
MINUTES OF APRIL 13, 1966 MEETING.
(4) The old Howard house has been torn down, but there is a huge pile of
rubble remaining on the site. Mr. Scully will be contacted about this.
(5) The Motorola walkie-talkie, a gift from DECO, is here and is in use on
the Police desk upstairs. It monitors all calls in the County and some in Prince
William and Frederick Counties. Also, the Motorola radio for the new Ford Police _
car has been installed and is in use.
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(6) Paxton Well gave us a little trouble a couple of week-ends ago. The ;
lead-in wires running from the panel over to the motor were in contact with metal
and, due to constant vibration, the insulation was rubbed off, causing a short.
A gasoline auxiliary engine was used during the time it was off.
(7) On the Phillips-Nickels Well , we are still getting prices from various
contractors. There are 4 phases involved: (1) the pump; (2) the pipeline lead-
ing to the pump; (3) the pump house ; and (4) the electrical facilities.
(8) The smoke bomb tests have proved very valuable so far. The line from
the sewer plant to Evergreen Mill Road has all been checked out and most of it
is in good shape. We tried a short space on North and Harrison Streets and found
smoke coming out of stairwells in back of the buildings and in Mr. Muse 's base-
ment and vents in the house. There is no evidence along the sewage lines. This
00 was just an initial start, we intend to do a lot more on this when weather and
U" time permit. This work has to be done when we are not pushed on other things.
CD
ren The cost, as far as material is concerned, is nominal, the smoke bombs costing
`j about $.90 apiece.
(9) All of the parking meters have been checked recently. Out of the 67
meters on the street, we found 4 that work properly. Of the 158 on the lot, 143
work pretty :well. We need to buy 60 new meters for the street, 5 of which should
be 15-minute meters in front of the Post Office. I have talked to Koontz regarding
prices on this.
(10) Johnson and Williams said the Kincaid plat should be ready in about a
week, then we will be in a position to approach Mr: Kincaid. The preliminary
plans on the Dry Mill Interceptor were received yesterday and will be discussed
at the next Utility Committee meeting. The plans on the pumping station are be-
ing mailed to Richmond today for their approval. It will probably be another
month before we can advertise for bids. They could not be opened until about the
middle of June, which is pretty late in the year. We will make application to
the Water Control Board for Federal aid, this application having to be in by
May 1.
(11) The revisions to the W. & 0. D. Agreement are very minor and have been
approved by the Town Attorney. Mr. Curry has signed this agreement.
Councilman Pumphrey asked if the sanitary sewer by the Greene Building on
Edwards Ferry Road had been checked. Mr. Ritter said it had been checked either
yesterday or today and that Mr. Peach had reported the sewage in the bottom of
the pipe, he believes the storm sewer is helping on this.
Councilman Cole asked the status of the Children's Center agreement. Mr.
Ritter said that it was decided at the last meeting to do nothing about it.
Mr. Cole also asked if the Town 's maps had been photostated and placed in the
Bank vault. Mr. Ritter said this had all been done. Mr. Cole suggested that
a news item be put on the radio about the smoke bomb tests next time they are
planned. -
Councilman Fishback asked how much the Town 's share would be on the Routse
15 project if we should take over the maintenance of the streets. Mr. Ritter •
said we would pay about 15 per cent of the cost of construction (about $5,000),
the other money would come from urban funds.
Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
following amended agreement be adopted between the Town of Leesburg,
Psl Curry and the W. & 0. D. Railway, and that the Mayor be author-
ized to sign said agreement. (Copy of Agreement attached hereto)
X10
MINUTES OF APRIL 13, 1966 MEETING . •
Upon motion of Mayor Rollins, seconded by Councilman Murray, and there
being' no objection to voting on this matter tonight, the following resolution
was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Town Manager be authorized to ask' for bids on the scarifying, re-
shaping and the addition of 2" of plant mix on the following streets:
• (a) Wirt Street, from Royal Street to Market Street
(b) Liberty Street, from Loudoun Street to Market Street
Upon motion of Councilman Pumphrey, seconded by Councilman Lowenbach, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
lease between the Town of Leesburg and South Central Corporation
dated December 21, 1964 be terminated as of March 25, 1966, in ac-
cordance with South Central 's request for termination, as shown on
last page of the lease, which notation has been typed in and signed
by Robert M. Richardson, President of South Central Corporation, and
BE IT FURTHER RESOLVED, that a copy of this resolution be mailed to
South Central Corporation, Donald W. Devine, Attorney for South Cen-
tral, and the Federal Aviation Agency.
Upon motion of Councilman Fishback, seconded by Councilman Orr, the follow-
ing resolution was unanimously adopted:
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BE IT RESOLVED by the 'Town Council of the Town of Leesburg, that the
following appropriations be made :
$ 650.00 - to extend the existing sidewalk on Belmont Drive, from
the existing end at Prospect Drive intersection to Ca-
• toctin Circle.
2,390.00 - For purchase of Essick Vibrating Patch Roller.
Upon motion of Councilman Orr, seconded by Councilman Cole , the follow-
ing resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that -Mr.
Robert C. Forbes be appointed a delegate to attend the Virginia Citi-
zens Planning Association Conference at the John Marshall Hotel in
Ridhmond, Virginia on June 5, 6 and 7, 1966, in accordance with the
recommendation of the Leesburg Planning Commission April 7, 1966, and
BE IT FURTHER RESOLVED, that Mr. Forbes' expenses be paid out of the
unexpended appropriation of $200.00 allocated to "Planning & Zoning -
Other Services and Supplies. "
. Upon motion of Mayor Rollins, seconded by Councilman Lowenbach, the follow-
ing resolution was adopted by a roll call vote of 6 to 1, Councilman Cole voting
against the resolution:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that all
new buildings in the Town of Leesburg substantially completed or fit
for use, occupancy and enjoyment prior to November one of the year of
completion shall be assessed when so completed or fit for use, occu-
pancy'and enjoyment and the Commissioner of Revenue for the Town shall
enter in the land books the fair market value of such building follow-
ing the provisions of Section 58-811.1 of the 1950 Code of Virginia, as
amended.
Upon motion of Mayor Rollins, seconded by Councilman Murray, the following
resolution was placed on the floor :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
License Tax on "Broker, any type other than pawnbroker and loan broker"
be eliminated from Sec. 21-41 of the Town Code and same placed under
Sec. 21-42, and
,
211
MINUTES OF APRIL 13, 1966 MEETING.
BE IT FURTHER RESOLVED, that Sec. 21-42 be amended to read: "Every
person conducting or engaging in any of the following occupations,
in the municipality, shall pay an annual license tax of fifty dol-
lars on such occupation. "
After discussion, a roll call vote unanimously defeated this resolution.
Upon motion of Councilman Fishback, seconded by Councilman Cole, Council
voted unanimously that the Town Attorney be instructed to sue for back taxes 1
on real estate brokers.
IA letter from the Planning Commission recommending that, in the future,
all utilities in subdivisions be placed underground was discussed. Councilman
Fishback suggested that this be turned over to the Street Committee for dis-
cussion and the Mayor referred it to the Street Committee.
Councilman Fishback asked about the proposed Catoctin Circle, which would
run through the land the new Lutheran Church proposes to buy on West Market
Street. Mr. Ritter pointed 'out that this is merely a street drawn on a map
as a future possibility, but that the Town has no easement or right-of-way
through this property.
Qo
LC? There being no further business, the meeting adjourned with general con-
OLS
` sent at 9 :00 P.M.
01C-,-../
- —L a 1(2P---IL-7
Mayor
// /
Clerk of tY�/e Council
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TH 1S' AGREEMENT, mode this day of 111 1.4 L , . 1966,
I . between WASHINGTON AND OLD DOMINION RAILROAD, a Virginia Corporation,
hereinafter called the "Railway", and ARL CURRt and KATHERINE R . CURD)
hereinafter called "Owner"., and THE TOWN OE LEES&'Rr, in Virginia,
hereinafter called the. "Town
'rrlTNESSEIH: That the Railway aces hereby permit the• cold
Arl Curry and Katherine R. Curry as Owners bf the property to be
served by the sewer line hereinafter provided for, to install an
Eight Inch (8") sanitary sewer pipe tine, together with the nocosaar.•
cooing, vents, Fixtures and appurtenances thereto, hereinafter,
referred to collectively as "Crossing" and does hereby 'licence 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 February 9, 1966,
0i0 is made a part of this agreement, upon the following taros,
covenants and conditions :
I .• BeFore constructing said Crossing, said Owner ohafl,, of
their sole cost and expense; obtain :all necessary authority therefor
from any public authority or authorities having jurisdiction In the
, premises, and shell thereafter observe and comply with the require-
ments of ouch public authority or authorities and all applicable
!awe and _regulations.
2 . No leas than 48 hours written notice shall be givon tot
Railway 's Superintendent, hereinafter referred to as "Superintendente,
at •Arlington, Virginia, before the work of constructing and ;not/ailing
I •
( paid Crossing shatl be commenced;' and like notice, except in
emergency cases, before any maintenance, renewal , relocation,
alteration, changing and removal is performed; provided, however,
that all such work shall be done at such time or times, and In ouch
manner, es shel ! be satisfactory to Railway's Superintendent, or his
duly authorized representative, hereinafter referred to as "Seper-
intendent".
3. Owner. shall install and The Town thereafter operate end
maintain, at their respective sole risk, cost ond .oxpense, t)io ofore-
said Crossing in accordance with said Exhibit A, and American Railway
Engineering Association, Specifications for Pipelines for convoying
- Flappable and Non-Ftamnoble Suotancos-- 1962, or ouch oubooj.cnt
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rovio•ionr thereof as may be approved by Railway's Suporintpn4oiit,
which aro incorporated herein and made a part hereof by ro9lroaco. .
4. Owner ohall perform all of such work oafoly, enpodi$$oaoiy,
in a workmanlike manner, and in accordance yith. go`od ongineeric41
practices, and without damage to or interference witli theap4rOti,ono
end facilities of the Railway. Said Owner shall fill dimithoitsghly
torp all trenches to prevent settling of the ourfoco of tbo' 1=4 and
roadbed of• the Railway, •and shell either reoovo any ourpl'uo 4arth
or -material from the Railway' s promicos or cause the sa o 40,4
I pieced and distributed thereon at ouch locations and In Doe; rpc17icr
as the Railway's. Superintendent may direct. Owner : shell 10970 :cold
promises in a condition satisfactory to the Roilwoq'45 .Sup6ai tnt.
• i. Owner agrees, at their sole risk, coot and eopon ;;.MQ oolso
. ouch toots oa in the judgaant of the Railway say boocpo t +6''.., 5?p,-t• \
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, determine if • the operation, existence or maintenance of tho. coid
Crosaing, . or the protection provided therefor against co'rOoied,
causes interference with any. of, the Railway' s facilities 'whotgDavor.
! Owner further_ agrees, upon written notice from Railway of 0& i
o • � . ..
-! interference, to make, at their axle risk,, coot and oxpeoodi .X.Pth
changes es pay he necessary to eliminate such interforcn4. '„>
. 6. 41. Railway shall in no case be hold liable- for oCaq`.Cw''^..ggo
to said Crogoing, including, but not limited to, the Iooa "MM:oi.
interference with the, service provided thereby, by roaoon. Of. tha
operation of its railroad or acts of its ewployaes, or .othorel&o,
• and The, lown shall and will at all time° releade, indemnify.Orj- ccgo a
harmless Railway from and against any and all liability lobs'•
.detriments, costs, damages, charges and expenses whleh" Roilgdydoy
ett suffer, sustain; be put to or. be in any .way subjected to Q qa unt
of the death of or injury to any person or peroons -or daao(,b-tfl.'@r
'
deotruction of any property, including but not Iioittodt0:tDet. 1 ...' . •
employees end property of Railway, arising out of or in ,driVi lt.gt -
connected with the location; oxiotence,.:operation., ocintds{ ;' r;F ' =�
• renewal , changing;g ng,' alt®ration, relocation or romovel•'of 12A$44oing,
rogerd•leoa .of Whether ouch death, injury, damage or dootcq4i4a 'O all
'be caused by the negligence-of the Railway or othersi '
,Co. , `%- as ,'
8., Railway ah611 in no case bo held liablo'.fcr.-OW.Cc
' to said Crooning, including, but not limited to, the' looddl ,
interference -with the service provided thereby, by re000s►<q?'; t. , }'-
P , ,
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operation of ito railroad or acts of ito eaoloyeoo, or otl ivih ,
dnd Owner shall and will at all times release, indemnify ;git�, ',z14bo
.- :7--1:2)..-
harmless Railway from end o9dlnat any and all - 1iebili.ty,,t$e ;, f.
datriaanto, coots, damages, shortie° And exponoeo .which Rai rib bop-
ouffer,- sustain, be put to or be in any Way Subjected: tq; 'Ql, „ tnt
. of the death of or injury to any psrpon or ,poroona or io' Q" $ fir
"`sits J';s' -',u.-
deotructlon of any property, including but not 1i614od t utp. ui H. , •
oaployeeo .and property of Railway, arising out of or in 4t i 3r .
connected with the installation of sold Croeoing, regardlch .
. •whether ouch death, injury, damage or doateuctiCS A4el i 'bo pa^.*C ':
t
by the negligence of the Reilwoy or otherwioee •
7: A. Said Crossing shall be installed to the oatliifc4!co a
-and approval of the Railway's Superintendent, and in ca8o ' 4s
failure of Owner to do the work 'as herein opacified, the' `i1141* ,
r000rvos the right to reoova; at the ogle coot and ouponotY, a?- 1 ,
the'Crooping from ito lend and terminate thio 'Aprdc x)nt..0 G§7o'(S)
r
" days notice to Owner. ' • ' a B. Said Crooning shall bo caa i nt o i ip¢-end. bcrat. to. tko
'setiofaction and approval of the Railway's Suparittendent, , 4 in -
cane of the- failure of the Town to mane Such r4dpoirp ci,';"allt.+ ti- ,
.
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judgment of the Superintendent, may becCta no ao 6rq', titiiN :4 400 - .
reserves: the right to remove, at tlio cote coot ond;cnponoQ'?? -
y. .. :, .n.r, � i%' '�' ,.,.
Tban,• the Croos i ng iron its land and terp i natd 'tii,izj Ag .'1 , `bbPn
five (5) days notice to the Town. e ,u;;;��:^ -
. :8. It io further egroad that; the- Town; pt .•ito'�onlo ;d,�it 9
"end oxpenoa, will change, alter or •rolocato cold roobilrR•r t -ti
•
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ir 0 • Y
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I -thirty :(30) days after receipt of notice from Rol kat ad 't7.01X'
,to a location and in a manner • satisfactory to Railway's Sdg m"Ifl Sent
to permit the Railway to make future alterations of the iinq ?kr. grade
, •
*of the railroad, to construct additional traeka; or. to sok -., a Other
additions and 'betterments whatsoever, which rights Railway hisrelbr
reserves unto itself. Any such change, alteration orerolo kintof
• said Ceoosing shall be in accordance with the require sitcj 1,. thio
r •
agreement. i `'
9. . A. ArI Curry and, Kether ine R. Curry, Owners, heirefiv, q$rpo•
to reimburee the Railway for any and all expenses .(the eoit4,0:titch
shall include the aeroberges 'Customer i y made by the �t�,vthpt.
the Rai Iway• mey • incur or be subjected to, for or' in ddnC 1Ror::'r4
the instal let len or location of the •Crossing, or the 'reboygi thordaf
i +, '
an herein provided, within thirty (30) days after romaipt•..t •$QIo
RaiIwhy's statement.
B. The Town hereby egress to reimburoe the Reiiw* 4 ' ony
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and al expenses (the cost of which ehdll include the surchareao '
cuatomprily made by the Railway), that the Rai twin/ nay ilf¢C�" ,G2
subjected tp for or in .crinso
J , quonce. of the changing, ,alt,Cipt3t;?, ro-
location, operation, maintenance or renewal of the CroatiDi` d t$ the
reoovel thereof as herqin 'provided, within
kith;
thirty', r 0 ' oL!
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ecotiit .of the,,&oillpyo Atgtetegt. c • r4s, ‘
10. • Nthig'hoinccgw o(4pd ehplbo gpnr ryoatt{ , 'I ddia
'Oiincir or the ,Tpwn ,,td• mov5 ,pucbtit
at pub I i c riled g$64611-V-- - -9y-`'
equipment over the+ tracks of the Railway,. Iff and when i& 1 + k;23QtPod
* _ fr , 6 .
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'to move any such equipment, the Owner or Town eb ll notify the
Superintendent sufficiently in advance of such covcwont SO .thgi:
arran ements may be made and covering Y egreemant, if required bq
• Railway, may be executed. - '
It . The Town . agrees to pay a rental of One Dollar (6i .$C)• Ror
' annum, payable annually in advancetof each year .durtr}g the.' 0;.:of.
- thio- agreement, end 'Ar1 Curry and Katherine R. Curry turbo O pay
o fee' of $60.00 toward the coot of
preparationof thio agl3arctgQ..
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end supery i e i ori expense. ' Annual rental shall be' oubjoot- tot; -' 4,L
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periodic review and adjustment.
)3. In the event the Town shall at any t is a ,dip i r0 to'zlia
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changes in the physical or operational charactoribtico Of -orad,
. Creeping,. it obeli first secure in writing.-tho_.c9p ent1 oC4 a ao.l
of Railway; and the Town agreoo that such chap00. bll bo vas at
Ito sole risk, -cost end. oxpence, and subject tpa1li� Qhe ter &4 '
covenants, conditions, and .limitations of thio' ogrectant.. -
13: Unless terminated as -provided in Sec$Idk. 7 horOoQ, .E3
agreement shall continue in. force and effect untirtho deto•:og
' delivery of deed or deeds by which the Reiiway• eonvoyo th_io•.pccrty
tothe Commonwealth of Virginia, or until teroinotod by th.h `p;-(30)
days' notice in writing from either party to the other, 6f '
intention to .teroinete the Acca, whichever• oacurs first, tzot
termination of this agroeoentmphall not relieve or woleacd tO)TO r
nor, Owner from any liability or obligation which agy 1tac=o r^h1;,
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ineyrred or• aseumbd by .the Town end. Owner,` or .bithor of the , '
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horeunder, prior to termination and Railwpy shall not bo titil fi t010
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ulo � 00 pe;euloao; eq lloys ;ueoaaj5e sly; ;mama ay; ul '*1
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46.0414 1o;3auuoa aaeuew Cue el Jo 4o ;no 6u!BIJe - 'moJj 6u! - 1nea4
e 37,14,-40• unoj o; eseedxa_ ro ademep 'esena hue Joe Jo ABA hue. ul
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` .::': • - In the avant that any alteration or repair 'of.:gpid:C l ,
', ' within the' right of way, shell bo noceosary aith10..0o y ouG th.e
completion of constructidn, the coat of said eitertst1 gii14'''.,:,t` (pa
°hal l be borne by Owner. , %'
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IN TESTIMONY WHEREOF, the parties hereto have cauoaa'+i#iA.. •. '
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t • , preoonta to be duly executed ao of the- day and' yod 91r
firt1'e�^
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written, this agreement being executed on behalf df`thd Tota: kg Ito •
Mayor, pursuant to a resolution of the Town Cc;sncil,, ndd,otc8 i:
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'�C , t _ / 'd- 17t4 , copy attached hereto oo a F,port ttie'
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Approved es to Form:, • WASHINGTON AH.0.10121.I IU1¢4A14ijdAO
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Approved':
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own• of eeo urg
Superintendent By: "
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RESOLUTION
3E IT RESOLVED by the Town Council of the Tose of
Leesburg, that the following reed agreement be adopted
between the Torry of Lee€burg, .,r1 Curry and the H. & 0. D.
Railway, and that the Mayor be authorized to sign said
as ecaerst.
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11 7