HomeMy Public PortalAbout1968_12_11 2.68
MINUTES OF REGULAR MEETING OF "LEESBURG TOWN COUNCIL, DECEMBER 11, 1968 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 12 W. Loudoun Street , Leesburg , Virginia on December
11, 1968 at 7 :30 P.M. The meeting was called to order by Mayor Rollins ,
with Councilman Hill 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 November 27 , 1968 were approved as
written.
Town Manager Ritter reported the following :
(1) Approximately 89 per cent of taxes have been collected, or
$144 ,000 out of an assessment of $162 ,000, which is a very good per-
centage .
(2) He said he had discussed inspection of the Sewer Projects with
the Federal Government in Charlottesville , and has been told that there
will be no inspection by them until the work is 90 per cent complete .
It is necessary that 25 per cent of the work be completed before we are
eligible for any of our Federal Grant and we have paid the contractors
23 . 5 per cent . Charlottesville is sending forms to us to fill out for
the first 25 per cent of the job and we can apply for. this amount ,
then again when 50 per cent of the work is done and again when 75 per
cent is completed. All of this work will be handled through the Char-
lottesville office .
(3) We should receive the plans on the connecting link up Clay
Road between Sewer Projects S-II and S-III very soon. When these are
received, invitations to bid will be sent to English Construction Com-
pany and Limbach Company, using the same wage scale and the same speci-
fications . Also , we will be eligible for more Federal money on this ,
somewhere from $8,000 to $10 ,000 , but this will depend on whether they
have the money for it .
(4) He said a decision should be reached tonight on the amount
of the Bond Issue , so that the work to be done with the State Treas-
urer 's Office and Reed, Hoyt , Washburn & McCarthy may proceed. Resolu-
tions have been drawn, based on a $600,000 Bond Issue, but both of the
above offices-have said there will be no problem if it is changed to
$650 ,000, but the decision must be made quickly . He pointed out that , if
the amount is raised to $650 ,000 , it will mean another nickel on the
tax rate for next year.
(5) He commented on several items on the Agenda .
(6) He called attention to the letter from Mr. Forbes regarding
the Planning Commission recommendation on the crossing of the Rt . 15
By-Pass at Leesburg Country Club Subdivision.
(7) He said he has a preliminary plat of the Kirkpatrick property
being developed by Mr. Yale and there is an important question regard-
ing this to be discussed later.
(8) He read a letter from Mr . E . Lee Warner regarding the sale of
the Sewer Plant property , in which Mr. Warner suggests that Council have
an appraisal made of the property in order to determine the fair.market
value of this land
(9) He recommended that the plan presented at last meeting to
enlarge the Town Office space be considered, which would mean using
the present Council room as the Treasurer ' s Office and moving the Coun-
cil room next door downstairs . He said this work could be done with
Town labor for a little less than $1 ,000 .00.
Mayor Rollins asked what the Council wishes to do about the next
meeting, which would fall on Christmas night . It was decided to cancel
this meeting and, if something special arises , a special meeting will
be called, otherwise , the next meeting will be on January 8, 1969.
269
MINUTES OF DECEMBER 11 , 1968 MEETING .
Councilman Pumphrey asked about his requests from last meeting.
Mr. Ritter reported that STOP signs have been erected north and south
on Ayr Street in Ayrlee Subdivision, and the order for a street light
at the end of Madison Court has been given, however, it takes 4 to 5
weeks to get the street light .
Mr . Ritter presented and explained the two plans submitted by Mr.
Crickenberger and Mr. Wright on the proposed crossing of the By-Pass at
Leesburg Country Club Subdivision. He said the only entrance into the
motel is off of a very narrow road and this is a dangerous situation.
Plan No . 1 shows the connection between existing Lee Avenue across the
Si Phillips property and Plan No . 2 would be an extension of Wage Drive .
The Planning Commission has recommended the Lee Avenue extension. Coun-
cilman Hill asked who would build this road . Mr. Ritter said it is
hoped that it would be included in the plans for the By-Pass and it is
felt that the need for this road should be expressed by the Council to
the Highway Department . Mr. John Wright concurred in Mr. Ritter 's
statements and said they would like Council to take some action on this
before it is presented to the Highway Department . He said they pre-
ferred the Lee Avenue extension. Councilman Murray said the Planning
N Commission felt this was a better approach than the Wage Drive plan. On
CV motion of Councilman Murray , seconded by Councilman Howard, the follow-
CN ing resolution was unanimously adopted:
V BE IT RESOLVED by the Town Council for the Town of Leesburg,
U that Plan No . 1 on the proposed crossing of the Leesburg By-
Pass , as recommended by the Leesburg Planning Commission, be
forwarded to the Highway Department for favorable considera-
tion, if consistent with Highway Department criteria .
It was suggested that a letter be written to the Highway Department , set-
ting forth this resolution and also enclosing Plan No . 2 for their
records .
Mr. Moody reported on the progress of the Sewer Projects , stating
111 that all seems to be going along very well on Project S-I . On S-II ,
they have run into rock at the end of the line , however, they should be
through with the line about Wednesday of next week , then they will be-
gin cleaning up, which will take about 30 days . On S-III , they have had
rock problems along the Hirst Lumber Company property , but Hirst has been
very cooperative and they should be across Rt . 15 next week, then it
should move pretty fast on down the line . Councilman Hill commented on
the bad cement job on one clarifier at the Plant . Mr. Moody said this
will be taken care of and, from now on, the supervisor will take care of
supervision himself.
Discussion followed regarding the amount of the proposed Bond Is-
sue , with most members feeling that $600 ,000 be the amount required,
however, Councilman Hill explained why he felt it should be $650 ,000 .
Mr. Ritter said that we need $500,000 to complete the sewer projects ;
$40 ,000 for the sewer under the By-Pass on Route 15 ; an estimated
$65 ,000 for the Potomac River project and an additional $30 ,000 for the
Hospital street and storm sewer connected therewith, making a total of
$635 ,000 . He said this would not allow anything for the sewer line up
the road to the Air :Control Center and the Highway Department . Mr.
Hill said if they make it $650 ,000 , the necessary money would be avail-
able for needs that he doesn 't see how we can keep turning our backs on.
He said he believes there are certain commitments that should be met and
he believes the tax dollars spent within the Town are giving their
money 's worth. Councilman Murray said he agrees with Mr. Hill , but that
Mr. Ritter discussed with the Finance Committee several items within the
Budget that are too high, and he believes we can get by with a $600,000
Bond Issue until such time as another one would be necessary, he saw no
need to pay interest on something we do not need. Councilman Howard
pointed out that the forthcoming reassessment will improve the situa-
tion. Councilman Fishback said the Hospital Road could be held up un-
til next year and could be budgeted. Surface treatment of Edwards Ferry
Road was also discussed, but it was believed that it would be easier to
secure rights-of-way along this road before any improvements are made
to the road. Councilman Murray moved that the Bond Issue be for $600,000, '--
however, there was no second to the motion and discussion continued.
270
MINUTES OF DECEMBER 11, 1968 MEETING.
The resolution prepared by Reed, Hoyt , Washburn & McCarthy was studied
and discussed. It was decided that Mr. Ritter would call Reed, Hoyt ,
Washburn & McCarthy and talk with them as to the specific purposes for
this Bond Issue . Town Attorney Martin pointed out that , if they ap-
proved by phone , the resolution could be retyped here . Councilman Hill
pointed out the fact that the Town had received an "A" rating from
Moody 's Investor Service , which should help with the sale of the bonds .
It was decided that a Special Meeting would be held at 12 :00 Noon on
Friday, December 13th, to consider the resolution on the Bond Issue
• after Mr. Ritter has talked with Reed, Hoyt , Washburn & McCarthy .
On motion of Councilman Pumphrey, seconded by Councilman Hill,
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 make application to
the Virginia Electric and Power Company for the privilege
of attaching to a number of their poles along King Street
and Market Street certain wires and other fixtures necessary
to provide decorative lighting for the Christmas season, and
BE IT FURTHER RESOLVED, that the Town will assume all re-
sponsibility for each installation and agrees to save Vir-
ginia Electric and Power Company harmless from any loss ,
cost , injury, or damage to persons or property resulting
out of or arising from the installation, operation, use,
non-use or removal of such installations , and
BE IT FURTHER RESOLVED, that the Town of Leesburg agrees to
assume responsibility for the payment to Virginia Electric
and Power Company for all electric energy used through said
installations , with the understanding that billing will be
made under the existing municipal contract .
On 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 Town Manager be authorized to ask for bids on a
9 ' x 4 ' Box Culvert under South Street at Saffer 's Mill.
On motion of Councilman Pumphrey , seconded by Councilman Murray,
the following resolution was unanimously adopted:
WHEREAS , it will be necessary to install two sewer lines under
Dual Lane Rt . 7 east of Leesburg during construction of the
dual lane in order to serve the area north of Route 7 with
sanitary sewage , and
WHEREAS , it will be necessary to install a sewer line up
Route 654 from the Tuscarora Interceptor in order to serve
the new Highway Department Residency and the Air Control
Center, and other developments in the drainage area ,
NOW, THEREFORE , BE IT RESOLVED by the Town Council of the
Town of Leesburg , that the firm of Dewberry , Nealon and-'Davis
be authorized to make a study of the aforementioned projects ,
together with recommendations and costs .
On motion of Councilman Murray, seconded by Councilman Fishback ,
the following resolution was proposed:
WHEREAS , the Town Council of the Town of Leesburg adopted a
resolution on October 9, 1968 , authorizing Johnson and Wil-
liams to proceed with development of plans for the construc-
tion of a Water Intake Tower and Water Line from the Town of
Leesburg to the Potomac River, and
27I
MINUTES OF DECEMBER 11 , 1968 MEETING.
WHEREAS, since that date , discussions have been held with
Johnson and Williams as to how the work should proceed in
order to satisfy the State of Maryland as to progress , and
discussions have been held as to approximate costs to the
Town for such engineering work that is necessary in order to
provide the Town with a completed water facility,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that Johnson and Williams be authorized to pro-
ceed with this work , which would include a Filtration Plant .
On motion of Councilman Fishback, seconded by Councilman Murray , Council
voted unanimously to add "and a 12 m.g . standpipe . " The resolution, as
amended, was then unanimously adopted.
On motion of Councilman Fishback , seconded by Councilman Howard,
and after a great deal of discussion, the following Ordinance was de-
feated, with Councilman Hill being in favor :
BE IT ORDAINED by the Town Council of the Town of Leesburg, that
a new section be added to Chapter 25 , Water, of the Town Code
C4 entitled Sec . 25 -26-1 . "Before water service can be turned
CQ on for any dwelling , a deposit shall be made in the amount of
$25 .00 . On those places other than dwellings , a deposit shall
o be made in an amount equal to the estimated quarterly billing
C.) for water and sewer. "
On motion of Councilman Murray, seconded by Councilman Howard, the
following resolution was unanimously adopted:
WHEREAS , the State Corporation Commission has recommended that
Godfrey Field be equipped with runway end identifier lights and
visual approach position indicators , in the interest of improv-
ing safety at the Airport , and
111
WHEREAS , the State Corporation Commission has set aside money
to finance one-half of the cost of the installation, and
WHEREAS, price quotations have been received from National Air-
port Equipment Company in the amount of $5 ,255 ,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that authority be given to make the above installa-
tion, with the Town of Leesburg paying one-half of the cost .
Councilman Fishback said he believed administrative costs of the Air-
port should be transferred from the Airport Fund to the General Fund.
It was decided that this would be considered in the next Budget .
The problem of glider operations at the Airport was also discussed
and Mr. Ritter was asked to write to FAA to see what restrictions Coun-
cil might be able to impose to take care of the situation.
On motion of Councilman Fishback, seconded by Councilman Pumphrey,
the following resolution was unanimously adopted:
WHEREAS, the State Highway Department installed an 8-inch water
line on Rt . 654 from Rt . 7 to a point in front of the new High-
way Residency , and bearing all costs in connection therewith,
and
WHEREAS, the Town of Leesburg agreed to reimburse the Highway
Department for the difference in cost between the 8-inch water
line and a 4-inch water line , as determined by bids received,
and
WHEREAS, the installation of the 8-inch line has not been com-
pleted, which conforms with Town of Leesburg specifications and
standards ,
NOW, THEREFORE , BE IT RESOLVED by the Town Council of the Town
of Leesburg , that an amount of $1 ,562 .11 be appropriatedfrom
the Utility Fund, Capital Outlays-Water Line Construction, to
reimburse the Highway Department in accordance with their in-
voice , and in accordance with prior agreement between the Town
of Leesburg and the Highway Department .
2:7 2
MINUTES OF DECEMBER 11 , 1968 MEETING .
On motion of Councilman Howard, seconded by Councilman Pumphrey,
the following Ordinance was proposed:
BE IT ORDAINED by the Council for the Town of Leesburg , that ,
commencing on January 1 , 1969, a license tax pursuant to Title
4 , Chapter 1. 1 , Section 4-98 . 1 of the 1950 Code of Virginia ,
as amended, be and the same is hereby imposed upon persons
holding mixed beverage restaurant licenses for establishments
located within the Town of Leesburg as follows :
1 . Persons operating restaurants, including restaurants
located on premises of and operated by hotels or motels :
i. Two hundred dollars per annum for each restaurant
with a seating capacity at tables for fifty to one
hundred persons ;
ii . Three Hundred Fifty Dollars per annum for each res-
taurant with a seating capacity at tables for more
than one hundred but not more than one hundred fifty
persons ; and
iii . Five Hundred Dollars per annum for each restaurant
with a seating capacity at tables:for more than one
hundred fifty persons .
•
2 . A private , non-profit club operating a restaurant lo-
cated on the premises of such club, three hundred fifty
dollars per annum.
BE IT FURTHER ORDAINED that mixed beverages as defined in
Section 4-98 . 1 of the 1950 Code of Virginia , as amended, may
be sold in the Town of Leesburg from 8 :00 A.M. to 12 :00 P.M.
on weekdays and Sundays . / h/n
BE IT FURTHER ORDAINED that the provisions of Section 21-1 ,
et seq, of the Code of the Town of Leesburg shall be appli-
cable to the procedure for the payment of the said licenses
and penalties for failure to obtain such license .
BE IT FURTHER ORDAINED that such license shall be required
for the fiscal year July 1, 1968 to June 30, 1969 and for
each fiscal year thereafter and shall be pro-rated according
to the provisions of Section 21-1 et seq of the Code of the
Town of Leesburg . Each license issued hereunder shall ter-
minate on the 30th day of June following the issuance thereof.
BE IT FURTHER ORDAINED that it shall be unlawful for persons
holding mixed beverage restaurant licenses pursuant to Sec .
4-98 . 1 et seq of the 1950 Code of Virginia , as amended, to
sell or serve any alcoholic beverage other than authorized
by law without having obtained such license from the Town of -•-
Leesburg and violation thereof shall be a misdemeanor and any
persons guilty of such violation shall be convicted pursuant
to the Code of the Town of Leesburg .
Mayor Rollins pointed out that Sunday sales are included in this Ordi-
nance , and that the hours for sale are set by the ABC Board on request
of the Council . He explained that , several years ago , we requested an
extension of time from 11 :00 P.M. to Midnight for the sale of beer
and wine , and this extension was granted. He said that there are some
people 'now asking that the sale of mixed beverages be extended until
1 :00 A.M. After discussion, this Ordinance ' was adopted by a vote of
5 to 1, with Councilman Fishback casting the dissenting vote .
On motion of Councilman Murray, seconded by Councilman Howard, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Council for the Town of Leesburg, Vir-
ginia , that the Town Manager be and he is hereby authorized
and directed to have inserted in the Loudoun Times-Mirror the
following advertisement for publication on the 9th and 16th
days of January , 1969 :
273
MINUTES OF DECEMBER 11 , 1968 MEETING.
PUBLIC NOTICE
Notice is hereby given that a Public Hearing will be held by
the Council for the Town of Leesburg , Virginia , on February
12 , 1969 at 7 :30 P.M. in the Council Chambers , 12 West Loud-
oun Street , Leesburg , Virginia , to consider a proposed amend-
ment to the Leesburg Subdivision Ordinance . .
Said proposed amendment is as follows :
i
Amend Section IV , C. , 3 . by deleting, subsequent to the word
"Form, " the words "by an acceptable surety company, " and in-
serting in place thereof the words "with surety satisfactory
to the Town Council. . . "
At this hearing all persons desiring to be heard will be heard
pertinent to said proposed amendment .
— By : Kenneth Rollins , Mayor
Town of Leesburg , Virginia
CQ-
CQ Mr . Ritter read a letter from the Town Attorney, stating his opin-
N ion regarding Mr . Myers ' request at the last meeting to build his road
C3 in Dry Mill Subdivision, Sec . IV, according to Highway Department Stand-
ards, rather than the new Standards adopted by the Town several months
ago . This matter was discussed and, on motion of Councilman Fishback, ' .
seconded by Councilman Hill , the following resolution was unanimously
adopted:
BE IT RESOLVED by the Council for the Town of Leesburg , that
Mr. Myers be notified that the road in the Dry Mill Subdivision,
Section IV, be built according to present road standards , as
established by the Town of Leesburg , also including such changes
as are necessary in the public utilities .
Councilman Murray said he believed Council should take some action
on Mr. Lee Warner ' s recommendation on the Sewer Plant property. This
was discussed and Mr. Ritter was instructed to secure a price to ap-
praise this land from Mr. H. Wendell Kline .
Mr. Ritter presented to Council a preliminary plat of the Kirk-
patrick property to be developed by Mr. Robert Yale . He said Old
Waterford Road is shown as a 70-foot right-of-way and Mr. Yale has
agreed to dedicate 20 feet for this purpose . However, there is a
question on Morven Park Road as to whether additional right-of-way
should be dedicated. Councilman Murray said that Mr. Yale was told
that , where a street is shown on the Major Thorofare Plan, he would
have to dedicate what is required. Mr . Ritter said that he believed
that , where a subdivision borders on a street with a right-of-way less
than 50 feet wide , the subdivider should dedicate sufficient land to
provide 25 feet from the center of the road, thus giving a 50-foot
right-of-way . With a 30-foot right-of-way , as exists now, there would
not be room enough for curb , gutter , sidewalk , etc . He said Mr. Yale
is willing to do this if he makes his lots 75 feet wide , and he can do
this as long as he has Town water and sewer. This was discussed and '
it was the general consensus of Council that there be a 50-foot right-
of-way on Morven Park Road in this subdivision.
There being no further business , the meeting adjourned at 9:55 P.M.
e:I Is'
Mayor _ -
—/ a ZS
Clerk of ' e Council