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HomeMy Public PortalAbout1968_10_23 249 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 23 , 1968. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 12 W. Loudoun Street , Leesburg , Virginia on October 23, 1968 at 7: 30 P.M. The meeting was called to order by the Mayor , with Councilman Murray offering the prayer : Those present were: Mayor Kenneth B. Rollins , Councilmen C . Maloy Fishback, G. Dewey Hill , Frede- rick 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 meeting of October 9 , 1968 were approved as written . . I Mrs . Moody, having just returned from a trip of some five weeks abroad , reported that brochures on Leesburg and Loudoun County have been distributed through Italy , England , France and Switzerland , in hotels , travel agencies , etc ., and all thought it most interesting . Also , the Museum has been loaned an 1840 cap and ball pistol from Switzerland. Mr . Crickenberger was present to discuss the Performance Bond for Section 1 of Country Club Subdivision . Councilman Fishback reported that he and Mr . Hill had looked at the property proposed by Mr. Wright ,v and Mr . Crickenberger to be substituted in lieu of a Performance Bond CV by a surety company. These properties and their valuation are as follows : N L . 194 acres (unimproved ) @$500.00 per acre $ 97,000 C0 8 lots (improved with water and sewer) @$5,000 per lot 40 ,000 House and 10 acres of land 21 , 000 TOTAL $158,000 Mr. Fishback said that the amount needed is $132 ,000, and this would give us a cushion of $26,000. Mr . Sam Engle, representing Mr. Crickenberger and Mr. Wright , pre- sented a proposed Escrow Agreement on one note in the amount of $21 , 165. 12 II and seven (7 ) notes , each in the principal amount of $4, 500, he and Mr. George Martin to be the escrow agents. This proposed Agreement was handed to Mayor Rollins and . it was asked that this be considered for adoption to- night . Councilman Fishback said there was a question as to whether Council could legally accept a deed of trust on property in lieu of a Performance Bond by a surety company . Town Attorney Martin said that it is his opin- ion that , if you cannot get a corporate surety , you can take surety that is acceptable to the Council , but he believed it questionable as to whether the Subdivision Ordinance should be amended . However , he added that he would think it should be amended as quickly as possible if this is go- ing to be a condition where corporate surety.cannot be secured. Mr. Engle said he believed the Subdivision Ordinance could be waived in this instance and Mayor Rollins said he believes this would be valid. Council- man Howard said he had talked . with Mr. Forbes and wondered why these trusts could not be put up to a surety company and then we would not have to revise our statutes . Mr . Forbes said he did not know whether a bonding company.would accept the same things that Council would accept , however , he said he has found that Fairfax County has in their Ordinance exactly what Mr . Martin is referring to, wording that says "surety ac- ceptable to the Council ," and he believes our Ordinance should be amended to include wording such as this . Mayor Rollins asked Mr . Forbes to take up this matter with the Planning Commission. IMotion was made by Councilman Murray, and seconded by Mr . Pumphrey, that the Performance Bond and Escrow Agreement , as aforementioned , be adopted . . Mr. Crickenberger presented a copy of a proposed Escrow Agreement on the U. S. Treasury Bonds in the amount of $75,000 for the standpipe, etc. and said that the Bank will meet in the morning and will very likely approve this Agreement . -.250 MINUTES OF OCTOBER 23, 1968 MEETING. Council recessed at this time to look over the two agreements. - Councilman Murray then withdrew his motion and moved that these Agree- ments be referred to the Utility Committee for recommendation at the next .session . This motion was seconded by Councilman ,Howard and unanimously adopted . Town Manager Ritter .reported that he has contacted Reed , Hoyt , Wash- burn & McCarthy regarding the .$6OO,000 Bond Issue resolutions needed . Also , he has written to Mr . Vaden, Treasurer of the State of Virginia and has discussed this with him and they are willing to handle the sale of these bonds for the Town . He said that this has to be set up so that the money will be available in January. A principal payment would fall due on this Bond Issue for the first time in 1971-1972, the prin- cipal payments being 8 years at $25,000 and 10 years at $40,000. i He said he had received the plans on the dual-laning of Rt. 7 to Leesburg yesterday and that he understands this will be advertised this month. This stops just short of the By-Pass and will not affect our water and sewer lines , however , we have to make plans to cross the dual lane with water and sewer lines and this should be done before the road is built . He reported that the sewer easement on the Epilepsy Foundation has been sent back for rewording. He reported that he had contacted Mr . Bussinger of the School Board ' regarding the possibility of the School Board paying a portion of the cost of furnishing school crossing guards at bad intersections during school closing hours . Mr . Bussinger said it would be impossible at this time since they would have to do the same thing in all other places in the County as well , and he suggested that we contact members of the School Board to get their reaction . It was estimated that it would cost ap- proximately $3 ,000 per year for three guards at three crossings. Mr . Ritter read a letter of appreciation from the Methodist Hi$ori- cal Society for the installation of curb and gutter on W. Cornwall Street in front of the old Methodist Church site . He also explained the items on the Agenda . Mayor Rollins asked if the water line being installed for the High- way Department Residency is being paid for by them. Mr. Ritter said that the Town would pay for the difference in cost between the 8-inch and 4-inch pipe . Councilman Orr asked if it would be feasible for the Town to place plant mix over the railroad tracks in town since the Railroad has been abandoned . Mr. Ritter said he would check with the Superintendent of the W. & 0. D . on this . . Mr . Moody reported on--progress on the three sewer projects , all of them apparently progressing very well , even though they are encountering the hardest part of the job on Project S-III , where there is rock and very little maneuvering room. Councilman Fishback asked if Johnson and Williams seemed to be satisfied with the progress. Mr. Moody said he believed so, although there had been some comments on the slow progress. Councilman Hill also asked if they were getting back on the proper line and whose fault that this was not done properly . Mr. Moody said it was probably a. combination of the engineer and the contractor , although it was probably our engineer ' s error originally, since the surveyor staked it out according to plans which were in error . Mr . Forbes called attention to the letter received by all Council members regarding a meeting on November 8, 1968 at 9: 30 A .M. with Mr. T. Edward Temple , Director of the Division of State Planning and Com- munity Affairs, this meeting to be held here at the Town Office. He explained the purpose of this meeting and stressed its importance and briefly explained what it would mean to set up the proposed Planning Districts , as outlined in the letter . 251 MINUTES OF OCTOBER 23 , 1968 MEETING. On motion of Councilman Pumphrey , seconded by Councilman Fishback, and, after a great deal of discussion , the following resolution was adopted by a roll callvote of 4 to 3, with Mayor Rollins and Councilmen Howard and Orr voting against it : WHEREAS, Glen Construction Company , contractors on the Leesburg Plaza Shopping Center , built the curb and gutter along the north side of Rt . 7 at such elevation that water will not drain proper- ly from the edge of the pavement along Rt . 7 , and - - - WHEREAS , the State Highway Department will not release; the bond covering the permit until such work is corrected , and WHEREAS, it has been determined by the Town that the most practi- cal •method to correct this condition would be to raise the sur- face of Rt . 7 , including the deceleration lane, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town will pay 50 per cent of the cost of this work, estimated to cost a total of $1 , 800.00, provided Glen Construction Company will pay their share of the cost . CQN N During discussion , it was pointed out that this mistake had occurred be- fore the Town took over the streets and the Highway Department required only a $100 bond. The question arose as to whether :the Town could re- quire a bond for this type of work, as well as to issue a permit for same. Town Attorney Martin pointed out that Council should .consider an Ordi- nance to control the issuing of permits for any type of work to be done on the streets , including amount of bond to be set , specifications, etc. This was referred to the Utility Committee for action . On motion of Councilman Murray, seconded by Councilman Howard, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriations be made: $ 9.00 - Johnson and Williams - Printing Expense during month - 1967 Bond Issue . 5 ,390. 22 .- William B. Dew - Professional Services and Mis- cellaneous Expense in connection with the design of the Town Office Building . General Fund-Capi- tal Outlay . On motion of Councilman Orr , seconded by Councilman Pumphrey, the following Ordinance was unanimously adopted : BE IT ORDAINED by the Town Council of the Town of Leesburg , that the following Sec€ons of the Town Code be amended, as follows: Sec. 13-146 "decals" to be substituted for "plates" in the title of the Section . Sec. 13-147 Delete "except in the event of the replacement of the vehicle ." Sec. 13-148 • "decal" to be substituted for "plate" in last line. Sec . 13-149 "decal" to be substituted for "plate" in four (4) places. On motion of Mayor Rollins, seconded by Councilman Murray , the fol- lowing resolution was placed on the floor for discussion : WHEREAS , the Town of Leesburg adopted a resolution at its meet - ing on October 9 , 1968, authorizing the firm of Johnson and Wil- liams to proceed with the development of plans for construction of a Water Intake Tower and Water Line from the Potomac River to the Town of Leesburg , and 252 MINUTES OF OCTOBER 23 , 1968 MEETING. WHEREAS , in its agreement. with Johnson and Williams , the Town would be obligated to pay an engineering fee of 7 per cent for this amount of work , based on the present scale of fees in the agreement , and WHEREAS, money can be saved on the engineering fee by author- izing Johnson and Williams to include in the above work the design of the Water Filtration Plant , which would reduce the engineering fee to 5. 5 per cent , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that Johnson and Williams be authorized to pro- ceed with the development of plans for construction of a Water Intake Tower , a Water Line from the Potomac River to the Town of Leesburg , and plans for the Water Filtration Plant. This matter was discussed at length and was tabled by unanimous consent . On motion of Councilman Howard , seconded by Councilman Murray, the following Ordinance was defeated , after discussion , by a roll call vote of 5 to 2 , with Mayor Rollins and Councilman Howard voting for it : BE IT ORDAINED by the Town Council of the Town of Leesburg , that Sec . 11-2 of Chapter 11 "GARBAGE & TRASH'! be rewritten as follows : Sec . 11-2. Disposal . It shall be unlawful for any person to dump , burn , bury, destroy or otherwise dispose of any refuse anywhere in the Town , except in a lawfully established refuse dump , or in a mechanical dis- posal device connected with the sewer , or an incinerator ap- proved by the fire underwriters and State Health Department ; and except the burning of leaves from yards provided all laws in connection with burning are complied with and provided no burning is done on street surface , and such material not so properly disposed of shall be placed in containers for col- lection by the town , as described elsewhere in this Chapter . On motion of Councilman Orr, seconded by Councilman Fishback , and there being no objection to considering this tonight , the following reso- lution was unanimously adopted : BE IT RESOLVED by the Town Council .of the Town of Leesburg , that ' the following appropriations be made from the 1967 Bond Issue Fund , to pay English Construction Company and Limbach for 'work on the Sewer Projects: $ 24,090. 66 - Project S-I 70 ,492.05 - Project S-II 28, 735.00'1 - Project S-III $123 ,317. 71 On motion of Councilman Pumphrey, seconded by Councilman Howard , the following resolution was unanimously adopted:• _ WHEREAS , Leesburg, Virginia has great respect and admiration for the late Senator Harry F. Byrd , as was expressed for many years by the electorate of this community , and WHEREAS , now proposals have been made to rename Leesburg Pike to Harry F. Byrd Memorial Highway, and WHEREAS , this highway is associated and connected with the his- tory and heritage of Leesburg , and WHEREAS , Leesburg Pike has , over the years , become a familiar directional route for all of Northern Virginia , 253 MINUTES OF OCTOBER 23, 1968 MEETING. IT IS, THEREFORE, RESOLVED by the Council of the Town of Lees- burg , that the Council expresses its opposition to the renam- ing of Leesburg Pike , and instructs the Clerk to send a copy of this resolution to the Governor of the Commonwealth of Vir- ' ginia , the Commissioner of the Virginia Department of Highways, The Honorable J. Kenneth Robinson , The Honorable Stanley A . Owens and The Honorable Lucas D. Phillips. There being no further business , the meeting adjourned at 9:30 P.M. S Mayor ger) Clerk of t Council N N N C'3 U U