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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