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HomeMy Public PortalAbout1968_11_27 .262 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 27 , 1968. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 12 W. Loudoun Street , Leesburg, Virginia , on Novem- ber 27 , 1968 at 7 :30 P.M. The meeting was called to order by Mayor Rollins , with the prayer being offered by Councilman Fishback. 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 Attor- ney George M. Martin. The Minutes of the meeting of November 13 , 1968 were approved as written. Mrs . Moody called Council 's attention to a newspaper article re- ferring to Courtesy Parking Tickets , which tickets advertised interest- ing places to see and go within the limits of the community in which the ticket was issued. Councilman Orr said his committee would look into the possibility of Leesburg doing something of this kind. Town Manager Ritter reported the following : (1) The proposed Agreement attached to the Agenda between Dulles International Aircraft Corporation and Leesburg Airmotive did not come in until just before the Agenda went out last Friday, so the Committee has not had a chance to review it . This would look as though Chantilly would be able to perform better service insofar as the Airport is con- cerned, and apparently Dulles has been doing this work for some time . Mr. Zebley could not be here tonight , but he is heartily in favor of it and the Agreement has been signed by Mr. Zebley and Mr. Cowles . (2) Mr. Williams will be here tonight to discuss the Potomac River s ituation. He met with the Committee the other day and he wants to discuss just what the Council wishes his firm to do on this project and how much money will be needed for this work in the next year or so. (3) He explained several items on the Agenda , one of them being the request to credit the Treasurer for delinquent, water and sewer bills for past years , the request coming from the Town 's auditor. He said that some of these bills have been paid since this list was made up, however, this would relieve the Treasurer of the indebtedness and the Auditor of a lot of bookkeeping . (4) Also on the Agenda , regarding the road to the Hospital, this matter has recently been revived by Mr . Lee Douglass . The Hospital Board has appropriated $15 ,000 toward the construction of this street and expects to ask the Board of Supervisors to put up a like amount . He explained that the total cost would be estimated at $45 ,000 , based on a 60-foot right-of-way and 40 feet between curbs , which would provide four lanes . The resolution on the Agenda would authorize a drainage study, since this street would contribute additional drainage from the Hospital on down below Loudoun and Market Streets . He said that Mr. Phillips had estimated $2,000 to make this study and the Committee feels it would be worth the money. (5) He explained that the Ordinance proposed requiring a permit for work in, on or under a right-of-way, has been discussed recently and the adoption of this Ordinance , along with the Permit Manual , would al- leviate situations such as the one recently encountered in front of Lees- burg Plaza Shopping Center . Council discussed the proposed Hospital road, along with the pos- sibility of how much right-of-way would be required. Mr. Ritter ex- plained that if the roadway were to be 50 feet wide , then we should have a 70-foot right-of-way . Mr. Moody gave a progress report on the sewer projects , stating that Project S-I is moving a little faster since the contractor has brought in a crew from Manassas . S-II is almost completed and they are working along by Hirst Lumber Company on S-III . He said he feels that progress is satisfactory, all in all. 263 MINUTES OF NOVEMBER 27 , 1968 MEETING. Mr. Jack Williams was present to discuss with Council the Potomac River project . He explained that the following costs would be involved initially : (a) Land Surveys and Topographic Surveys $6 ,000 (b) Soil Borings , including borings in River 7 ,000 (c) Land Costs 50,000 (d) Legal Costs 5 , 000 (e) Preliminary Engineering 2,000 Total Estimated Preliminary Costs $70;000 He explained that the surveys and test borings would be necessary now (which would total about $13 ,000) . These funds would need to be avail- able almost immediately so that some of the design work could be done before the year is up . The design work would be estimated at between $40 ,000 to $45 ,000 , depending upon when they would proceed with the de- sign. If this were done immediately (which he would hope for) , these funds would be required about a year from now, within the calendar year 1969. The $70,000 figure above would bring the project up to construe- C4 tion, whenever Council would be ready for this , the bulk of this amount C4 being needed almost immediately , or by April 1st. If they proceeded with C9 the design work, the total cost would be estimated at $110,000 to $115 ,000, C'3 assuming land costs are somewhere around the $50,000 figure . Mr. Ritter O said Mr. Williams , Mr. Hill and he went down to the River when Mr. Wil- () liams was here last week to look at the proposed site and they know through whose land they would have to go and the approximate location for the Filtration Plant . Mr. Williams said he believed some figure should be included in next year 's Budget for land costs (for ease- ments and for the Filtration Plant site) . If an option on the land is secured, it would be paid for out of the Bond Issue money. Mr. Williams said the amount of land required for the Filtration Plant should "be a minimum of 4 to 5 acres , to allow for expansion, since this would be the main source of water for Leesburg . Councilman Hill said that the only land needed would be at the very end of the project , since the rest of it would be down State right-of-way. Councilman Murray suggested that perhaps the Parks and Recreation Department of the County would be in- terested in having a boat landing at this location. Mr. Rollins asked the present status of the proposed $600,000 Bond Issue . Mr. Ritter said the State is getting ready to send information to Moody ' s Investor Service to establish a rating for the Town. Councilman Fishback said he would like to see a standpipe on the present line , which would make our present supply last longer. Mr. Williams said it would be good to have a standpipe on the new line as it comes in from the Potomac River . There would be two pumping arrange- ments , one from the River to the Filtration Plant , the other to pump clear water to the Town. Mayor Rollins asked about the size of the line and Mr. Williams said the preliminary estimate was sufficient for a capacity of 3 mil- lion gallons a day . He also said they would like to get started on the • design of the line so that they could show the State of Maryland plans on something, even though not complete ; then they could report that the Town is in the process of negotiating for land. He said that money should be included for an option on land; also a road will be needed to maintain the intake structure . Councilman Hill said there could be some problem in negotiating with Mrs . Rust for the land because she has an Attorney-in-Fact in Pittsburgh. Councilman Fishback suggested that this matter be referred back to the Utility and Finance Committees and let Mr . Ritter get a closer esti- mate on finishing up the sewer projects and then see what we have left to put into this project . Mr . Williams said that they would like to get started on the surveys and test borings, which would cost about $13 ,000. This was referred to the Committee for action at the next meeting. 2'64 MINUTES OF NOVEMBER 27 , 1968 MEETING. Mr . Williams also presented a problem on one of the sewer contracts , the need to eliminate one piece of line at the end of Project S-II , and said he would like authorization to make the necessary change to allow the pipe to come up the road from Manhole 28 . It was the general con- sensus of the Council that this be done. Mr . Frank Myers addressed Council regarding a street to be built beyond Anne Street in Dry Mill Subdivision. He said that about two years ago , he submitted a plat for Section IV of said Subdivision and that he had complied with all requirements of the Town Standards in ef- fect at that time , which Standards required that plans for streets be approved by the Highway Department in Culpeper. Since that time, the streets in Leesburg have been taken over by the Town and the Standards changed, setting forth more rigid requirements , which would, in turn, add more expense to his development of this street in Dry Mill Subdivi- sion. He said he had rough graded this street in accordance with the Standards then in effect and he does not think he should be required to meet the new Standards , which the Town Manager has said must be met . Mr. Carleton Penn, Attorney for Mr . Myers , also addressed Council re- garding this matter and said he had written to Mr . Martin, Town Attorney, about this situation. Mr. Martin said the Town can change the Ordinance and the permit can be revoked unless the landowner has created expense . Mr. Penn said Mr. Myers , in this situation, has rough graded the street and all engineering has been based on State specifications , but now he is advised that he must meet the new Town Standards in order to pet a Performance Bond for this work . It was Mr . Penn 's and Mr. Myers con- tention that he should not have to go through approval of a new pre- liminary plat to meet present specifications , when he had done all of this work previously under different specifications , and it had all been approved by the Planning Commission at that time . Mr. Myers said he has a right-of-way permit from the Highway Department and no permit was re- quired by the Town at that time . Mr. Ritter said that , since this was all done two or three years ago , changes have been made in the specifi- cations and he has not yet built the street , so it would seem that he would have to comply with the new specifications . Mr. Myers asked what the statute of limitations is on the approval he had previously obtain Mayor Rollins said there is none , to his knowledge . Mr. Forbes said there is one on' the preliminary plat , however, Mr. Myers has extended that . Councilman Fishback said the Council has not approved anything for this Section and he does not see how the Planning Commission has anything to do with approval of streets . Mr. Penn reiterated his feel- ings on the subject , contending that Mr . Myers should be allowed to build this street as previously approved. Mr. Martin said it would ap- pear that there is a hole in the Ordinance between that time and the present time and he somewhat agreed with Mr. Penn. Mr . Forbes explained to Council just what had taken place insofar as the Planning Commission is concerned in this instance and said that the preliminary plat had been extended in June of 1968 . Councilman Howard moved that this be turned over to the Street Committee for its investigation and recommenda- tion for the next meeting , but this motion died for lack of a second. On motion of Councilman Murray , seconded by Councilman Pumphrey, Council unanimously voted that the Town Attorney be instructed to render a legal opinion on this matter . Discussion continued, with no further action being taken. Councilman Howard said that , regarding the delinquent water and sewer bills , this matter was discussed at Finance Committee . He said he had checked with the Sanitation Authority and found that a non-owner of property is required to put up a deposit equal to the estimated usage for one quarter, and he believes this should be done in the Town, however, this is for information only . Councilman Murray said he understood Police Officer Barnes has been checking both front and back doors of businesses and he believes the Town Manager should express the thanks of the Council for a good job to both of the new Police officers . Councilman Pumphrey said a couple of residents of Ayrlee Subdivi- sion have requested that STOP signs be placed one way or the other at the intersection of Ayrlee Ave . and Ayr Street . Also, a resident of Madison Court has requested a street light at the end of the Court , that he has had gasoline stolen from his car there , and perhaps a street light might eliminate this problem. 265 MINUTES OF NOVEMBER 27 , 1968 MEETING. Mr. Frank Cowles , President of Dulles International Aircraft Cor- poration, addressed Council regarding a proposed Agreement between Dulles and Leesburg Airmotive , which Agreement would allow Dulles to sublease the two maintenance hangars at the Airport for the purpose of carrying on an aircraft maintenance operation. This matter was discussed and' it was suggested that Mr. Cowles work this out by contract with Mr . Zebley , and it was believed there would be no objection. Mayor Rollins asked Mr . Ritter to report on his recommendations 1 • for added space for Town offices . Mr. Ritter said he was working on a plan whereby the present Council room would be utilized as the Treas- urer 's Office and Commissioner of Revenue , as proposed by the Auditor, and either the first or second floor of the building at #10 W. Loudoun would be converted into a Council meeting room. He estimated costs for the work in the present Council room at approximately $500, but stated that his estimates were not complete at all . This was discussed and Mr . Ritter said he would present the plans , along with a more accurate estimated cost , at the next meeting . On motion of Councilman Murray, seconded by Councilman Howard, the N following Ordinance was proposed: N N BE IT ORDAINED by the Town Council of the Town of Leesburg , that a new Section be added to the Town Code , titled Sec . 21-45 . 1 . Liquor by the Drink . Every person conducting , operating or engaging in the business of serving mixed beverages in the municipality at a restaurant or eating place which has been duly licensed to serve the same , shall pay a license tax of $200 a year for those places which seat 50 to 100 persons ; $350 for those seating 100 to 150 ; and $500 for those seating more than 150 . The hours during which mixed drinks can be sold shall not be before 8 :00 A .M. , nor after 12 midnight , Sundays included. The following corrections and additions were made : The last sentence above shall be changed to read: "Mixed beverages shall not be sold between the hours of 12 midnight and 8 :00 A.M. It shall be lawful, within the cor- porate limits of Leesburg , to sell mixed beverages on Sun- days during the aforementioned hours . " The following additions were made : "In the event a license is obtained to sell mixed beve- rages , the aforementioned license tax shall be pro-rated on the basis of the number of months remaining in the fiscal year, said fiscal year to run from July 1 to June 30. Sec . 21-45 . 2 . Anyone violating the aforementioned Section 21-45 . 1, insofar as said business establishment refusing to pay the prescribed license tax, or any public establishment selling mixed- beverages during hours other than those prescribed in the aforementioned section, shall be guilty of a misdemeanor and, upon conviction thereof , be fined in an amount not ex- ceeding $1 ,000 , or to serve a jail sentence not exceeding one year, or both, in the discretion of the Police Justice trying the case . " After discussion, on motion of Mayor Rollins , seconded by Councilman Murray , Council decided to defer any action on this Ordinance until the next meeting . 266 MINUTES OF NOVEMBER 27 , 1968 MEETING. On motion of Councilman Howard, 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 appropriations be made : $1, 719.00 - Tri-County Asphalt , for paving Rt . 7 in front of Leesburg Plaza Shopping Center. Streets- Capital Outlay-Resurfacing . • 2 .40 - Johnson & Williams - Printing expense for month of October. 1967 Bond Issue . On motion of Councilman Murray, seconded by Councilman Howard, the following resolution was proposed: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Treasurer be credited with $3 , 116 . 00 , repre- senting "Doubtful Water & Sewer Rents Receivable , " as rec- ommended by the Town Auditor. After discussion, it was the general consensus that the larger bills (over $15 .00) have judgment taken and be docketed in the Circuit Court . Councilmen Murray and Howard withdrew their original motion and offered the following , which was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Attorney be authorized to take such legal action in the collecting of 'Delinquent Water & Sewer Rents Receivable" from such list provided by the Town Treasurer. On motion of Councilman Pumphrey , seconded by Councilman Hill, the following resolution was proposed: WHEREAS , the Loudoun County Memorial Hospital is now preparing plans for expansion to the Hospital , and WHEREAS , a better entrance road into the Hospital is necessary, and WHEREAS , studies have shown that the most feasible location for the entrance road should be off of Route 7 , and across the Lucas Phillips land, and WHEREAS, the Town of Leesburg is willing to pay one-third of the cost of construction of the street , between Route 7 and Cornwall Street, the total cost being estimated at $45 ,000, and . WHEREAS, a drainage study should be made of the entire water- shed in the area , prior to the authorization of the construc- tion of the above-mentioned street , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the firm of Walter L. Phillips , Consulting Engineers , be authorized to perform this study in the early part of the year 1969 at an approximate cost of $2,000 , and BE IT FURTHER RESOLVED, that an arrangement be worked out with that firm to pay for this study after July 1, 1969. After discussion, on motion of Councilman Fishback, seconded by Coun- cilman Pumphrey , this resolution was tabled and Mr. Ritter was asked to contact Dewberry, Nealon & Davis re making this study. On motion of Councilman Fishback, seconded by Councilman: Howard, the following resolution was unanimously adopted: WHEREAS , the need exists for a sewer line under the proposed By-Pass at Rt . 15 to serve undeveloped areas south and west of this point, in addition to developed areas in the Dry Mill Subdivision, and 26. MINUTES OF NOVEMBER 27 , 1968 MEETING. WHEREAS , the State Highway Department has agreed to issue a permit to the Town for the installation of a sewer line under the proposed By-Pass , based on a preliminary plan submitted to the Department , and WHEREAS , it -will be necessary that a survey be made and plans drawn for a sewer line to extend from existing Manhole #88 , just west of Evergreen Mill Road, to a point on the west side of Rt . 15 and south of the By-Pass , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that Johnson and Williams be authorized to pro- ceed with survey and plans on the above-mentioned project , and to submit Preliminary Drawings on the above , before proceeding with final plans . On motion of Councilman Fishback, seconded by Councilman Hill, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , N that the following appropriations be made : N r' ?4,, q5 N $54 , 946 . 98 - English Construction Co. -Est . #3 for Project S-I C7 58,262 . 73 - Limbach Company-Est . #5 for Project S-II t..) 10 ,440 . 72 - English Construction Co. -Est . #2 for Project S-III On motion of Councilman Fishback, seconded by Councilman Hill , the following Ordinance was unanimously adopted: BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec : 20-1 of the Town Code be deleted and a new section adopted as follows : Sec . 20-1. Permit Required to Perform Work in, on or under Right-of-Way. ' No work of any nature which involves a disturbance of the right-of-way or interferes with its free or unencumbered use shall be performed on, in or under the right-of-way of any - street within the municipality of Leesburg , Virginia , unless and until permission is first obtained from the municipal mana- ger on forms which show compliance with those specifications and requirements set forth in the Manual of Permits duly adopted by the Council for the Town of Leesburg , Virginia . The inspection fee set forth in the Permit Manual shall be $5 .00 on each permit . The guarantee fee shall be in an a- mount equal to 100 per cent of the estimated cost of construction, as determined by the municipal manager. On motion of Councilman Fishback, seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council for the Town of Leesburg, that all metered parking in the Town of Leesburg be free , be- ginning December 9th through December 25 , 1968 . There being no further business , the meeting adjourned at 10 :50 P.M. Mayor Clerk of e Council