Loading...
HomeMy Public PortalAbout1968_06_12 208 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 12 , 1968. A regular meeting of• the Leesburg Town Council was held in the Council Chambers , 12 W. Loudoun Street , Leesburg , Virginia , on June 12 , 1968 at 7: 30 P.M. The meeting was called to order by the Mayor , with Councilman Hill offering the prayer. Those present were : Mayor Kenneth B. Rollins , Councilmen C . Maloy Fishback, G. Dewey Hill , Frederick R . Howard , Walter F . Murray, 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 May 22 , 1968 were approved as written . Mr. Clinton S . Saffer addressed Council with regard to claims against the Town for damage done to the McKimmey Feed Store on S. Harri� son Street during a storm on May 30th. He suggested that , rather than hiring an Attorney , the Council , should take care of these claims , one to Mr . McKimmey for damage to inventory in the building at the time , the other in the amount of $15,000 to him for damage to the' building , which he said he practically had sold until this happened . He said this dam- age occurred due to the fact that , when the Town built the storm drain to take care of storm water a couple of years ago, they stopped this drainage system just north of his property and this threw all the storm water into an open ditch under a portion of his building. He said that , since he came to,work in Leesburg in 1930 , this building had never flooded before and that he had told Councilman Fishback, at the time the Town was building the ' storm drainage , that this was going to happen . He also said that Mr . McKimmey had slight damage last summer but did not report it to him at that time . Councilman Murray stated that he believed this was a most unusual rain - 4 inches in one hour - and that he questioned whether this ditch would have flooded even if the storm drain had not been there . Councilman Fishback said he was under the impression that he had seen water in this building before . However , Mr . Saffer said that he had questioned people who had worked there in years before he came there and no-one had ever seen any water there before , other than one time when the line stopped up and the Fire Department pumped it out and Mr . Fishback was a member of the Fire Company at that time . Councilman Hill asked where the storm drain stopped and it was explained that it stopped on the south side of Loudoun Street , that there was no money to take it any further. Mr . Hill also asked if the engineer had ques- tioned this , but this question was not answered . Councilman Murray stated that he believed most businesses carried' insurance to cover damage of this kind , but Mr. Saffer said he had never had any insurance of this type . Mr . McKimmey was present at this meeting, but did not address Council . Town Manager James:W. Ritter stated that the Town ' s insurance company was notified the day after the flood and the adjustor was here on the follow- ing Monday. When the claim was received from Mr . Saffer , it was sent on to the insurance compahy, so the matter is in the hands of the insurance company at this time . Councilman Hill moved that the insurance company handle this claim, and this motion was seconded by Councilman Howard , however , Mayor Rollins said he did not believe any motion was necessary on this matter . • At this time , a Public Hearing was held on the use of a lot at the corner of Cornwall Street and Slack Lane for Public Parking. Mayor Rol- lins explained that Cornwall Street is difficult to get through and , rather than limit parking to one side only , the Council thought it wise to make a free parking lot . He said it would be gravelled , not asphalted . He said it was the purpose of this hearing to hear the reaction of the citizens , particularly those living in the area . Mr. Archibald Aiken , who lives at the corner of Cornwall and Churc� Streets , addressed Council, stating that , as residents of Cornwall Street , he and his wife object to this because it is a residential area and they believe it would be an' opening to convert it to something other than a residential area . He said he fails to see how a parking lot at the end of Cornwall would diminish traffic , in fact , he thinks it would be the reverse . It is considered that all of Cornwall Street is congested 'and this , in a way , makes it good in that cars have to drive very carefully in order to get through . He said there are other residents of this area on Cornwall Street who oppose this , but who could not be here tonight , namely , Mrs . Urcell Bradfield and Mrs. Harry -Gibson . Also, Mr . and Mrs . Fulton Want , who are not residents of the particular area in question , but they could not be present tonight . 209* MINUTES OF JUNE 12 , 1968 MEETING. Councilman Fishback stated that , on behalf of the owner of the lot , he thought it .would be foolish to take up Council ' s time discussing this , since the owner had stated that if there was one objection , the lot could not be used for this purpose . Mayor Rollins stated that , since Mr. Aiken has opposed the use of this lot , it is Mr . Fishback' s suggestion that Council take no time with this . Mr . William Cox said he also opposes this , stating that he believes Council should think very carefully , not only of this little parcel of land , but the land lying east of it and also the general land area . He ' said he didn ' t think the Council would want to turn the land presently unoccupied into a series of parking lots , and the next step, would probably be to take the land on the east side of Slack Lane , thus dividing the highest class residential area from the older part of Town into an in- compatible use . Mayor Rollins stated that if the County Government is going to stay in 'Leesburg , it must expand . He asked Mr . Cox if he , per- sonally , would have any objection to it expanding to the east . Mr . Cox said it must expand , whether it stays in Leesburg , or not . He said he had not devoted that much time to this subject , but it would seem that , if the County is realistic about the situations that exist , it will recog- nize that , as our population grows from 30,000 to 300 ;000 over a period C4 of time , it will no longer be possible for the entire County Government C1 to be located in its present location. The activities of the Federal C7 Government are scattered , not all concentrated in one building or one complex of buildings. He said he thinks the Court House , the Clerk' s U Office and certain other activities should be kept in their traditional spots and put the new activities in another area . This concluded the Public Hearing on this subject . A Public Hearing was held at this time on the Proposed Budget for 1968-1969 , with Mayor Rollins explaining that a synopsis of this proposed budget has been published in the Loudoun Times-Mirror , and asking if there was anyone who wished to speak on this Budget . There being no proponents or opponents on this matter , on motion of Councilman Orr , seconded by Councilman Pumphrey , the Proposed Budget for 1968-1969 (copy of which is attached to Page 203 of this Minute Book) was unanimously adopted . On motion of Councilman Fishback, seconded by Councilman Hill , the following Ordinance was unanimously adopted: BE IT ORDAINED by the Town Council for the Town of Leesburg , that the following taxes be and they are hereby levied for the fiscal year beginning July 1 , 1968 and ending June 30 , 1969 for the support of the municipal government , the payment of interest on municipal debts and other municipal purposes as follows: 1 . The tax on all taxable real estate shall be at the rate of Ninety Cents ($ . 90) on every One Hundred Dollars ($100 .00) of the assessed value thereof . • 2 . All tangible personal property , including the tangible per- sonal property separately classified by Sections 58-829 . 1 , 58-829 .2 and 58-829 . 3 of the Code of Virginia , excepting there- from household goods and effects , shall be. taxed at the rate of One Dollar ($1.00) on every One Hundred Dollars ($100 .00)of the assessed value thereof. 3. All tangible personal property of all railroad , express , telegraph , telephone , power and other public service. corpora- ' tions shall be taxed at the rate of One Dollar ($ 1 .00) on every One Hundred Dollars ($100 .00) of the assessed value thereof , and taxable real estate of said public service cor- porations shall be taxed at the rate of Ninety Cents ($ .90) on every One Hundred Dollars ($100 .00) of the assessed value thereof . 4. The tax on all bank stock subject to taxation within the Town of Leesburg shall be at the rate of Eighty Cents ($ .80) on each One Hundred Dollars ($100.00) of the taxable value of the share of the stock in any bank located in the Town of Leesburg , subject to the provisions of Section 48-476 .2 of the 1950 Code of Virginia , as. amended . '210 MINUTES OF JUNE 12 , 1968 MEETING . • Town Manager James W. Ritter reported the following: (1) Regarding the Notice of Public Hearing concerning the vacation of land located at the corner of Harrison Street and Catoctin Circle , Mr. Charles Ottinger , Attorney for John Ours, has asked that this be presented tonight because of the time element involved . At the same time they vacate this piece of land , they wish to dedicate another strip, and it is necessary to hold a Public Hearing on this matter. He pointed out the location on a plat of this property . ( 2) He explained that the matter of signing the Equipment Lease with Humble Oil Company and Chantilly Aviation was discussed earlier an defeated. Since then , it has been found that the original Lease was signed by the Mayor and the Town Manager. More equipment has been added since the original lease was signed and the purpose of the revise Lease is to take care of these additions . • • (3) Regarding the Youth Canteen , he said he would like to clarify the license situation . The present license is held by Mrs. Coghill and expires on June 30th , although the Canteen has been closed for two weeks . A Mr . Eugene Jackson has applied for a new license , however , today the machines , etc . were moved out of the building , so he said he does not know what the present situation is. (4) He read a letter from Mr . Clark of the Westinghouse plant , • which letter stated that it was not economical for Westinghouse to take advantage of the Town ' s offer at this time. Councilman Howard said he had several complaints about dogs running at large , particularly in Exeter Subdivision and the Waverly Heights section . Mr . Ritter said Mr . Saffer had furnished the Town with com- plaint forms , and if the complaining parties will call the Town Office , these forms will be filled out and turned over to the Dog Warden for processing. Councilman Fishback, with Council ' s permission , read the following statement to Council: On behalf of the Mayor and the Council for the Town of Leesburg and , in view of the unfavorable publicity through the local news media in' regard to furnishing sewer and water to the Westinghouse plant , I would like to state that the Town stands ready , willing and able to furnish this service . I would also like to clarify the Town ' s position in the past . When the Town was informed of the request by Westing- house for this service , a meeting was arranged between West- inghouse officials , the Town officials and the Board of Super- visors in the County Office Building, after which meeting the County had a preliminary study made to furnish these facili- ties . The results of this study were presented at a joint meet- ing between the Town and the Sanitation Authority for considera- 411 tion . Following this meeting , the Town engaged its engineer to review this study and submit to the Town a cost estimate for connecting these facilities to the Town ' s new plant east of Leesburg. This study was made and an offer made to- Westing- house in August , 1967 , stating in detail their proportionate share on the installation of water and sewer . The Town was told at this time that the offer would be considered by West- inghouse and that the Town would be notified of their action . Q:q September of 1967 , the Town was asked by- the County if the Town would consider a joint proposal with the Sanitation Authority to go to the Dulles Interceptor Sewer. Due to the fact that our plans were finished and the Town wished to move on with its project , it was a hard decision to make , but the Town agreed to delay any work until November , which time was extended to December . This study was presented to the Town , its engineers and the proper County officials at a joint meet- ing in the Catoctin Elementary School . This was taken under consideration by the Town and , after a thorough study and on the advice of its engineers , the County was notified that the proposed Agreement , in the Town Council ' s opinion , was not in the best interest of the people of Leesburg at this time and , therefore , would not be accepted . 1 _. MINUTES OF JUNE 12 , 1968 MEETING. During this lapse of time , the Utility Committee , Town Manager and the Town ' s engineers had another meeting with West- inghouse officials and were informed that Westinghouse felt it would be best for them to withdraw from the_ venture until it was decided whether the Town or the County would construct the facilities and they would , at that time , contact the proper of- ficials to continue negotiations . After the contract was let for the Town ' s new facilities , the Town Manager made arrangements for another meeting with West- inghouse officials. Again , a concrete offer was made to the officials of Westinghouse to provide the facilities they re- quested . The Town was told this would be considered by West- inghouse and they would notify the Town on Friday , June 7 , 1968 of.`their action . The notification to the Town stated that this offer was not feasible for them to proceed at this time , but that the Town would be considered in their future plans . The Mayor and the Council feel that they have cooperated with Westinghouse in their plans to build in Loudoun County and have offered them facilities at a price that would be equal to Cq any offer which could be made by the Sanitation Authority , which CgCg is now operating in Broad Run District . The Town also contends that its facilities will be in use at a date which would meet , V or precede , that which the Sanitation Authority could possibly have accomplished , based on the simple fact that the Town had its plans complete and ready to proceed at the time it was asked to delay the project for three months , while it would be neces- sary for the County to start at the beginning , with surveys , ar- rangements for a bond issue , application for Federal assistance , plans , specifications and all other necessary formalities , which the Town had completed during the preceding year. Speaking for myself , as a resident of Loudoun County the better part of my life , and a resident of Leesburg for 20 years , and after listening to debates for and against this project , I am satisfied the Council has acted in the best interest of the people of Leesburg and the majority of the citizens of Loudoun County. In my opinion , when a bo¢y of seven ( 7) people , and you could include a change of thee ( 3) members in our Council dur- ing this period , making ten ( 10) , with the advice of its engi- neers , is unanimous in adopting a project , I feel the Council acted in good faith to its Town , its County and to Westinghouse . It is time now for the Loudoun County Board of Supervisors and the Town Councils of all the Towns in the County to stop::com- ments by administrative staffs which may be detrimental to our Towns or our County, and to encourage our industries to cooper- ate with that government which is best located to serve the area in which they are interested . If we are sincerely interested in Loudoun County as a whole , and not for any individual power , this can be accomplished . C. Maloy Fishback, Chairman Utility Committee Town of Leesburg On motion of Councilman Murray , seconded by Councilman Howard , Council voted unanimously that this statement be adopted as its official position and that copies be sent to Westinghouse and the Chairman of the Loudoun County Board of Supervisors , and that the press get it through the proper channels . On motion of Councilman Hill , seconded by Councilman Fishback, and after explanation and discussion , the following resolution was unanimously adopted : BE IT RESOLVED by the Council for the Town of Leesburg , Loudoun County , Virginia , that the Town Manager be and he hereby is au- thorized and directed to insert in the Loudoun Times Mitror for publication on June 20th and 27th, 1968 , the following Public Notice : i-2 MINUTES OF JUNE 12, 1968 MEETING. • NOTICE Notice is hereby given that on Wednesday, the 10th day of July , 1968 , at 7:30 P.M. , in the Council Chambers of the Town of Leesburg at 12 West Loudoun Street , Leesburg , Virginia , the Town Council of the Town of Leesburg will consider a motion of John H . Ours and Alfred W. Gardiner , Trustees of Loudoun Properties , a partnership , that the Council pass an ordinance vacating a forty (40) foot drainage easement on Lot 27-A , Sec- tion 1 , of Virginia Village , as the same appears on the plat of resubdivision of Lots 27 and 28 , Section 1 , of Virginia Village , which plat is recorded in the Land Records of Loud- oun County in Deed Book 418 , at Page 86 , and which easement is more particularly described on the original plat in Deed Book 390 , at Page 77 , and which easement is set forth on Lot ' 27 of this plat . A plat of the proposed vacation may be viewed in the Office of the Town Manager at 12 West Loudoun Street , Leesburg , Vir- ginia. ht this hearing , all persons desiring to be heard will be heard pertinent to said proposed vacation . Kenneth B. Rollins Mayor Town of Leesburg On motion of Councilman Hill , seconded by Mayor Rollins , the follow- ing resolution was placed on the floor for discussion : WHEREAS, a very dangerous traffic condition exists at the inter- section of Market and Ayr because of west-bound traffic on Mar- ket making a left turn into Ayr, caused by limited sight dis- tance to the west , and WHEREAS , a very dangerous traffic condition exists at the inter- section of Loudoun and Ayr because of southbound traffic on Ayr coming into this intersection , caused by limited sight distance on Loudoun , both to the- east ands;west , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that this dangerous traffic condition can be par- tially corrected by making Ayr St . one-way traffic north-bound between Loudoun St . , and Market St . , and BE IT FURTHER RESOLVED that necessary signs be erected on Ayr St . , making this street north-bound between Loudoun St . and Market St . This matter was discussed and several suggestions made to remedy the situation , with Mr . Douglas Pratt stating that he believed the situa- tion could be relieved more quickly and easily by making Market Street one-way west and Loudoun one-way east . A roll call vote of 4 to 3 de- feated the resolution . The signing of an Equipment Lease between Chantilly Aviation , Inc . and Humble Oil Company was referred back to Committee . On motion of Councilman Fishback , seconded by Councilman Howard , the following Ordinance was unanimously adopted: BE IT ORDAINED by the Town Council of the Town of Leesburg , that Sec . 13-141 , covering auto tags. , be amended to read: "The amount of the license fee imposed , as provided in Sec . 13-140 , shall be ten dollars . The licenses shall be purchased from the Office of the Municipal Treasurer ." , and BE IT FURTHER ORDAINED , that this amendment shall be effective with the sale of 1969 licenses . 21=3: MINUTES OF JUNE 12 , 1968 MEETING. • On motion of Councilman Howard , seconded by Councilman Orr , the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriations be made : • $900.00 - Insurance - Supplemental Appropriation . 16 .45 - A . & E . Blueprinters - 1967 Bond Issue . 111 31.00 - Cooper-Trent - Material for Engineer-Inspector- 1967 Bond Issue. On motion of Councilman Fishback, seconded by Councilman Howard , the following resolution was placed on the floor for discussion: WHEREAS , the "Youth Canteen" opened up a business at 22 W. • Royal St . in May , 1967 , for youth recreation activities , and WHEREAS , the Canteen has attracted to this area an element of - N people not conduQive._ to the well being of the neighborhood , N and as the result of this , rocks have been thrown , windows 1 broken , firearms discharged and property damaged , and WHEREAS , individuals and groups of people have acted in a dis- c) orderly , immoral and indecent manner in the street in front of the Canteen , and • WHEREAS , the Treasurer has- refused to issue a license for the above named reasons , • NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the present business license be revoked for the reasons outlined above , and in accordance with Sec. 21-13 of the Town Code . 111 Mr . Ritter reported that one of the residents who has a business in this area has complained a couple of times that rocks have been thrown and that he has seen some of these acts being committed . Also, we do know that two attempts have been made to burn a house on the corner within' a period of a week and we feel almost positive that this is arson . There is a question as to whether the Youth Canteen ties into this , but he says it is felt by the residents of the area and the Police that the Canteen has attracted an undesirable element of people from away from here , people from the D.C. and Northern Virginia areas . - The reasons outlined above are the purposes of this resolution . - He added that the Canteen was closed about two weeks ago. Councilman Murray said he does not see how these acts are associated , and that he does not associate this type of thing with business . He said he has had windows broken several times . He added that he feels that perhaps a man could probably run such a business better than a woman ,- and , if the individual applying for the license is acceptable to the Town , he thinks the license should be granted . Also, he said there is some doubt in his mind whether a place of business is responsible for what goes on around it , that it looks like this would be a Police matter . He said he believed the Town would be re- miss in not authorizing this license until the individual has proved in- capable of operating ::this business as it should be . Mr. Edwin Beaver addressed Council , stating that he has a sheet metal shop across from this Youth Canteen and that he never had any trouble until this business was opened . He says you can hear any kind of language from 3 P.M. to 11 P.M. outside , those inside the Canteen do not give the trouble . Also , there are beer cans , bottles , etc . scattered everywhere . He said the situation has gotten worse in the last two months and that it has not been a fit place for anybody , that it certainly is no place for a lady to come to his shop, there is constant rock throwing . He said Itis wife can no longer come there to keep his books. Mr . Edwin Harrison , owner of this property, says there has always been a rather wild crowd in this area and he does not believe it has really changed . He said he owns the surrounding property and he has had . 214 MINUTES OF JUNE 12, 1968 MEETING. . no complaints from the tenants . As for the beer cans , he says you can find those all over Town . Mr . Beavers said that Mr . Harrison does not come around the area any more than about every two months , and his tenants must tell him one thing and him (Mr . Beavers) another. Mr . Ritter said a new proprietor has applied for a license and has been re- • fused . Councilman Pumphrey said he believed one operator was being con- demned for the. actions of another . Mayor Rollins said his concern was that we do not want any property being damaged in this section or any other section of Town . He suggested that this. be referred to the Laws and Administration Committee and that this Committee call in the new applicant. Also, that Mr. Beavers and Mr . Harrison be present to dis- cuss this situation . He said that there has been no damage and no threats to the safety of the people and perhaps something can be worked : out , with the proper precautions being taken. He said that this meet- ing will: be held at 11 A . M. next Tuesday morning. Mr . Harrison said that , due to the fact that Gene Jackson was refused a license, he is no longer interested in operating the business , however, Mr . Sherwood Bryant is interested in leasing the building and he is here tonight . Mr . Bryant was asked to be present at the meeting on Tuesday . Councilman Fishback commented that he had been doing business with Mr . Beavers for many years and , up until last year , there had been no trouble in getting through there . He said he believed this should be cleared up , that customers should be able to get to a man ' s place of business . On motion of Councilman Pumphrey , seconded by Councilman Fishback, the following resolution was placed on the floor : WHEREAS , sealed bids were requested for the resurfacing of streets in the Town of Leesburg , and WHEREAS , bids were opened on June 3 , with Buckley-Lages being the low bidder , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the bid be awarded to Buckley-Lages on their low bid as follows : Surface Treatment Approximately 5,000 gal . of CAE-2 @ 0. 180 Approximately 249 tons of #8 stone @ $6 .00 Plant Mix 2 ,300 tons S-5 @ $9 .25 3, 500 gals . RC-2 Prime @ 0. 18 The question of using limestone in this resurfacing was discussed at length , and it was pointed out that,, although State Highway Department specifications did not permit it in certain instances , this would be used on roads with a 25 m.p.h . speed limit . Councilman Hill said his only objection to this was the fact that one of the contractors was bid- ding under State specifications, which the Town ' s Standards call for , ; and the other was bidding differently , that he was objecting to the fact that the bid was not clarified to both bidders . He said if the Town is going to have Standards , he thinks we should stick to them or else change them to- include the use of limestone . Mr . Ritter read the letters that were sent out for bids on this work and said that this had been discussed with Buckley-Lages , the low bidder , at length , and they feel that they have conformed to the advertisement and should be awarded the job. If it is readvertised , they will not bid . Further discussion followed on this matter , and a roll call vote carried the resolution , with Mayor Rollins and Councilmen Hill and Howard voting against it . On motion of Councilman Howard , seconded by Councilman Orr , and after a great deal of discussion , the following resolution was unani- mously adopted : WHEREAS , the Town of Leesburg and Virginia Electric & Power Company entered into an agreement on May 22 , 1968 , covering the placing of a power line along a 50 fool right-of-way from Route 7 to the site of the new Sewage Treatment Plant , and 215` MINUTES OF JUNE 12 , 1968 MEETING. WHEREAS , Virginia Electric & Power Company found certain objec- tions to a sentence which the Town inserted in the agreement to the effect that the agreement is subject' to the conditions out- lined in the deed between Kincaid and the Town' of Leesburg , and WHEREAS , Virginia Electric & Power Company has now submitted an agreement with a clause added - "The Company shall interpose no objection to dedication of a right-of-way or road on the parcel described as "Second Tract" in Deed Book 477 , Page 80 , of the deed from Joseph A . Kincaid and Susan M. Kincaid , his wife , to the Town of Leesburg , but no cost incident to the dedication shall be chargeable against the Company ," and WHEREAS , the Town Attorney and the Attorney for Kincaid see no objection to this change , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Mayor be authorized to sign the agree- ment on behalf of the Town of Leesburg . On motion of Mayor Rollins, seconded by Councilman Fishback , Council Cq voted unanimously that the Town Manager be authorized to advertise for bids for construction of sidewalk, curb and gutter .on the west side of King Street , between Loudoun and Royal Streets . Mr . Bozel said the Town Standards specify 4-inch concrete walks and 7-inch driveways . V Mayor Rollins read a letter from the Planning Commission , recommend- ing that an official map of Leesburg become a long-range objective . Councilman Murray and Mr . Forbes explained the procedures that would be followed in establishing control points and monuments , which would , in the future , aid in the establishment of the centerline of existing and proposed streets and for existing and future utility line locations, as well as providing a foundation for the overall official map currently proposed for the County . This matter was referred to the Street Com- mittee . Councilman Fishback asked what the present status is on the Sewer Line going to the Children ' s Center . Town Attorney Martin said that a Decree is presently being prepared to clear up ownership of this line . Councilman Fishback said that he had been asked a question with re- gard to business licenses , the question being in regard to those who do business in a Town who buy a license , yet others come in from out of. Town and buy no license . Mr . Ritter said he had a ruling from the Gene- ral Counsel for the Virginia Municipal League , which stated that a whole- saler could deliver to a retailer with no license . He said he had written him again , inquiring about door to door deliveries , but has not yet re- ceived an answer . There being no further business , the meeting adjourned at 9:25 P.M. , Mayor • Clerk of/he Council