HomeMy Public PortalAbout1969_09_24 83
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 24, 1969.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 W. Loudoun Street , Leesburg,, Virginia , on Sep-
tember 24, 1969 at 7 :30 P.M. . The meeting was called to. order by the
Mayor, with a prayer by Councilman Hill. Those present were : Mayor
Kenneth B . Rollins,, Councilmen G. Dewey Hill, Frederick R. Howard,
Walter F . Murray, Robert A . Orr, John W. Pumphrey and John A. Wallace, Jr. ;
also Town Manager James W. Ritter, Jr .
The Minutes of the regular meeting of September 10, 1969 were ap-
proved as written .
' Town Manager Ritter reported that a chemical analysis of water from
the Myers Well has been received from Froehling and Robertson, which
indicates that this is a very soft water. . We used about 6,800,000
gallons from this well during August .. Sydnor Hydrodynamics is here
installing the larger pump and pipe , they should finish tomorrow morn-
ing. There will be a meter on this , so we will know exactly how much
water we are taking from this well.
Mr. Walter L. Phillips is studying the downtown drainage system
and we are making tests to see what we have in the way, of sewer lines ,
etc . in this area . The field work is just about completed and most of
o it is on paper, Mr . Moody will have it written up in a few days . The
study will cost a little less than $2,000 - it is based on 2 . 5 times the
office expense , which is standard in their engineering agreement . With
this study, he will show the approximate route it will go, pipe size
and cost . He will have to do a minimum amount of field work in order
to complete the study. This will come up again at the next Street Com-
mittee meeting .
Councilman Howard reminded that the Town has to apply for a Cer-
tificate of Appropriateness for the sign for the new Town Office Build-
ing . This is done through the Board of Architectural Review.
On motion of Councilman Howard, seconded by Councilman Pumphrey ,
S
and there being no objection to considering this tonight , the follow-
ing resolution was unanimously adopted:
WHEREAS , the Town of Leesburg has an ever increasing traffic
burden on Route 7 , passing through the corporate limits of
said Town , and
WHEREAS , the Town of Leesburg is of the opinion that the com-
pletion of the proposed Southwest Quadrant of the Rt . 7 By-
Pass would greatly alleviate said traffic congestion and
greatly improve the safety to Leesburg citizens and to people
passing through the Town of Leesburg ,
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of
Leesburg , Virginia , that the State Highway Department is here-
by requested to proceed with completion of the said Rt . 7 By-
pass , Southwest Quadrant, at the earliest possible time and
with the greatest possible speed.
Councilman Hill stated that this Council is committed to go along with
whatever route the State decides on. Mr. Ritter suggested that. this
resolution be sent to the Commissioner of Highways , with a copy fo the
District Engineer in Culpeper and the Resident Engineer here, and he
was directed to do so.
' Councilman Pumphrey said Mr. and Mrs . Donald Fisher have been
complainingto him about the drainage problem that has existed on their
property for many years . He said they are willingto give the right-
of-way needed and Mrs.. Bishop is also willing. There is one little
piece to be secured from Tastee-Freez. Mr. Pumphrey said he thinks
we should get this problem straightened out before any sale of any of
this property takes place . Mr . Ritter said we have the approximate
cost , but the latest problem is that Mr. Fletcher of Pocahontas Pontiac
has blocked the ditch. He has gone over this with him and told him it
84
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MINUTES OF SEPTEMBER 24 , 1969 MEETING.
would have to be opened up, however, they could not find the end of the
pipe at that time . Mr . Bozel found it the other day and we will have
to show Mr. Fletcher where it is now. We will have the cost estimate
on the pipe next Monday . This will alleviate the problem insofar as
Mr . Fisher and Edwards Ferry Road• are concerned. There is about a
6-inch pipe in there now, and it will take probably an 11. x 18 pipe arch.
Mr. Fisher has a septic tank to take care of his basement and he had
quite a mess with the wet weather, the drainage problem and his septic
field not functioning . Mr. Ritter said he believes we should do this
work as quickly as possible , the Town can put the pipe in.
Councilman Pumphrey also asked about the Semones-Durfey drainage
problem, for which we have already sedured easements, and about which
both Mr. Semones and Mr. Durfey have been asking him. He wondered if
this could be done this fall . Mr. Ritter said he does not think the
Town forces can do it themselves because of the time element and , if
we advertise it , we will have to revamp the cost , which is not in the
Budget . This matter will be discussed further at the Utility Committee
meeting next Monday.
•
Councilman Orr said that Dr. Ronald Fuller wants some tar and chips
on Edwards Ferry Road - he says they are the only street in Town that
does not have a hard suface and they want something to keep the dust
down. Councilman Pumphrey said Dr. Fuller had talked to him about this
too. Mr. Ritter said it would cost about $2,000 to surface treat the
whole thing and it is not too late to do it , it can be done up into No- :
vember. This will be discussed at the Street Committee meeting.
Mayor Rollins asked what action the Finance Committee took in re-
gard to the collection of delinquent taxes . Councilman Orr said the Com-
mittee has not finished discussing this .
On motion of Councilman Pumphrey , seconded by Councilman Howard,
the following resolution was unanimously adopted :
WHEREAS , the Town of Leesburg awarded Contract S-I for con-
struction of Sewage Treatment Plant to English Construction
Co . with beginning date on June 24 , 1968 , and with a contract
date of completion on June 24 , 1969, and
WHEREAS , on July 9, the Town Council of the Town of Leesburg
extended the completion date to October 31, 1969,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council feels
that no further extension should be allowed for the completion
of this project , and that English Construction Co. be advised
that the penalty provision will be effective November 1 , 1969.
Mr. Moody gave his progress report at this time , stating that the
contractor still has a short work force, only about 15 people at the
maximum. They have had trouble with getting the subcontractors on the
job, as well as the brick masons . It looks like they will have to have
some prodding from the home office and this resolution should do this .
The penalty provided for being late is at the rate of $45 .00 per day,
but this is questionable if you have to take them to Court to collect
it . The owners have to prove they have suffered damages at the pre-
scribed rate , and he believes we could show this . He said it has been
proven by the Highway Department that the only way to make a penalty
clause stick is to put in a bonus provision for finishing the contract
ahead of time .
• Mrs . Moody exhibited pictures taken at the New Oxford, Pennsyl-
vania Cart Mart . She said that the "Cart Mart" planned for Leesburg
on October 4th will take place from 9:00 A.M. to 9 :00 P.M. No streets
will be blocked off entirely•. The dealers will park their cars or carts,
as the case may be , on the street approximately from the Museum on
Loudoun Street, down King Street and up Market Street to approximately
the Iodation of the new Town Office . They have 25 dealers . She said that
New Oxford had only 20 dealers to start off with approximately 20 years
ago, and they now have 100 .
85
MINUTES OF SEPTEMBER 24, 1969 MEETING .
On motion of Councilman Wallace, seconded by Councilman Orr, the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that $ 100 ,000 of the $150 ,000 due September 25 from First &
Merchants National Bank be reinvested for a period of 120
days .
On motion of Councilman Murray, seconded by Councilman Wallace,
the following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following appropriation be made :
$2, 932 . 16 - Talbott-Marks Co . - Installing two Sewer Cross-
ings on Rt. 7 Dual Lane . (1969 Bond Issue)
On motion of Councilman Orr, seconded by Councilman Howard, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Robert C. Forbes be appointed Zoning Administrator for
the Town of Leesburg for a two-year term, effective Sep-
tember 1 , 1969.
On motion of Councilman Pumphrey , seconded ,by Councilman Hill, the
following resolution was offered:
WHEREAS , Johnson and Williams has previously made a study for
the location of a Filtration Plant and other facilities to se-
cure water from the Potomac River on the Rust property, adja-
cent to the VEPCO overhead power line , and
WHEREAS, that firm has made a later study to install the same
facilities on the Clark property and also the Carr property,
upstream from the above-mentioned property, and
WHEREAS it has been determined that .it would cost approxi-
mately $100,000 more to develop these facilities on the Clark
or Carr property , -
NOW, THEREFORE , BE IT RESOLVED by the Town Council of the
Town of Leesburg , that Johnson and Williams be instructed
to proceed with the design of water treatment facilities
on the Rust property, and to prepare a plat for the purchase
of land needed for these facilities .
A great deal of discussion followed regarding this resolution, with
Councilman Wallace expressing his desire that the Council wait to see
what the study the County is having made by Dewberry , Nealon and Davis
reveals , believing that the County and the Town could go to the Potomac
jointly, if necessary . Actually, he expressed doubts about going to
the Potomac , saying that he believed the Interior Department would help
us locate other underground sources . He said that, if the Town is going
to go ahead and go to the Potomac for water, he would like to see the
estimated cost per thousand gallons , how it is to be financed, etc . , he
does not feel enough study has been given to go out and buy land on
which to locate the plant . It was explained by several other Council
members that we are fortunate in having been able to obtain the right
to take water from the Potomac from the State of Maryland and that
progress must be shown each year on this project , or we will lose this
right . Councilman Howard pointe out that it will take time to nego-
tiate the purchase of this lanFt
dYe would rather see the Town condemn
the land than pay this price . Mr. Ritter said he will be glad to work
with Johnson and Williams to work with State authorities on .what is
available and to get cost estimates . A roll call vote adopted the
resolution by 6 to 1, with Councilman Wallace voting against it .
86
MINUTES OF SEPTEMBER 24 , 1969 MEETING.
On motion of Councilman Pumphrey , seconded by Councilman Hill , the
following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that a contract be awarded to English Construction Company
for the construction of an 8-inch sewer line across Route 7
to serve the Arl Curry land and others , at their low bid of
$3 , 700 .00 , with rock excavation to be an "extra" on- the basis
of $14.00 per cu. yd.
Mr . Ritter said this bid is two months old and he will check with English
tomorrow to see if they are still interested, but he would like to see
this resolution adopted in case they are willing to go ahead with it .
Mayor Rollins asked if this line would take care of the Catoctin Circle
crossing into the old Highway Department Office . Mr: Ritter said Mr.
Bozel has checked this out and that it will be adequate to take care of
this building . Mayor Rollins said it would not take care of any base-
ments though and Mr. Ritter said there are no basements in any of these
buildings . The resolution was then unanimously adopted:
On motion of Councilman Pumphrey, seconded by Councilman Howard,
the following resolution was adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that
a contract be awarded to Marylandyxcavators for the construc -
tion of a sewer line across Route . 7 at Rt . 654 at their low
bid of $3 , 650.00 , in accordance with plans prepared by Dewberry,
Nealon and Davis , with paving patch to be paid at $4 .00 per
square yard, and rock excavation at $18.00 per cubic yard.
• On motion of Councilman Wallace, seconded by Councilman Howard,
the following resolution was placed on the floor for discussion :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that, contingent upon adoption of the Charter Agreement by
the Loudoun County Board of Supervisors , the following reso-
lution
be adopted :
WHEREAS , Section 15 . 1-1403 of the! Virginia Code , a part of
the Virginia Area Development Act, authorizes the organiza-
tion of a planning district commission by written charter
agreement ; and
WHEREAS, pursuant to Section 2 . 1-63 . 5 of the Virginia Code
geographic boundaries of a planning district have been estab-
lished; and
WHEREAS, the governing bodies of the governmental subdivisions Cy
embracing the majority of the population within said planning L.
district desire to organize a planning district commission by tC
written charter agreement ; and ■-'
CD
WHEREAS, the Council of the Town of Leesburg , Virginia , the Cr:
governing body of that Town , desires to join in organizing
such a commission so that -the Town will become a party to
such charter agreement and be represented in the composition
• of the membership of such commission ;
THEREFORE , BE IT RESOLVED by the Council of the Town of Lees-
burg, Virginia :
1. That it hereby adopts the CHARTER AGREEMENT OF NORTHERN
VIRGINIA PLANNING DISTRICT COMMISSION, a copy of which is at-
tached hereto and made a part of this resolution .
2 . That the Mayor of the Town be and hereby is authorized
and directed to sign and execute 'on behalf of the Town the
• CHARTER AGREEMENTOF NORTHERN VIRGINIA PLANNING DISTRICT
COMMISSION, a copy of which Charter Agreement is attached
to this resolution.
87
MINUTES OF SEPTEMBER 24, 1969 MEETING.
3 . That the Clerk of the Council be and hereby is author-
ized and directed to witness the signature of said Mayor and
to affix the official seal of the Town on said CHARTER AGREE-
MENT OF NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION, a copy
of which is attached to this resolution .
Mayor Rollins submitted a letter from the City of Fairfax, which voiced
the objections of that body to the proposed fees for membership, etc .
Mr. Ritter explained that , if all localities join, there would be 29
members and this would mean that we would pay 1/29th of the cost . He
added that they figure on an approximate Budget for the first year of
$90 ,000. Councilman Wallace pointed out that half of this will be
matched by the State , which would mean that we would pay 1/29th of
$45 ,000. Mr. Wallace also briefed the rest of the Council on the meet-
ing which took place between representatives from this Council and repre-
sentatives from the Board of Supervisors , namely , Mr. Harris and Mr.
Brownell . Mr. Harris is in favor of joining and Mr. Brownell is not,
claiming that this would mean a "service district . " We are concerned
about the cost, however , all concurred that , in order to have any voice,
we would have to be a member . Apparently all Federal grants will be
cleared through this Agency , so we would have a better chance if we are
a member. This Council would have to vote on any comprehensive plan
O the Planning District would come up with. It was generally thought
that , if the County goes in on it , we should also. Councilman Hill
^2" said he thinks the big concern is over the cost . Councilman Howard,
:=7 also a member of the committee from this Council, said the Commonwealth 's
Attorney has advised the County to join . Mayor Rollins said that, from
those he talked with while in Williamsburg, he feels that the people are
opposed to this concept of regional planning . Vienna has opposed it and
Fairfax is opposed on a cost basis . Mr. Ritter said that neither Hern-
don nor Manassas have joined . Councilman Murray said he thinks if the
County joins , it is incumbent upon us to join.
On motion of Mayor Rollins , seconded by Councilman Orr, Council'
voted by a roll call vote of 6 to 1 to table this until the next session
to see how the Board of Supervisors votes . Councilman Wallace cast the
dissenting vote .
Councilman Murray offered the following motion :
THAT the Council transmit to the Board of Supervisors , through
their respective administrative facilities , that it is the con-
sensus of the Leesburg Town Council that they will take af-
firmative action on joining the Planning District , providing
the County sees it wise to do so.
This motion was dropped for lack of a second .
On motion of Councilman Wallace , seconded by Councilman Howard, the
following resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Mayor Rollins send a letter to Mr. Huntington Harris ,
County Supervisor for the Leesburg Magisterial District , ex-
pressing the Council 's appreciation for his visit to our last
Council meeting , and
BE IT FURTHER RESOLVED, that Mayor Rollins, in this same let-
ter , request Mr. Harris to attend the meetings of the Leesburg
Town Council on a quarterly basis for the purpose of discussing
matters of mutual interest or, whenever, in his opinion, mat-
ters of mutual interest are pending before the Board of Super-
visors on which he would like our opinion, and
BE IT FURTHER RESOLVED, that these visits be scheduled by the
Administration Committee and be made a part of the Agenda for
the meeting he is to attend.
MINUTES OF SEPTEMBER 24, 1969 MEETING.
Councilman Murray moved to amend this resolution by deleting from the
second paragraph the following :
"on a quarterly basis for the purpose of discussing matters
of mutual interest or"
This was seconded by Councilman Pumphrey and a roll call vote showed
4 to 3 in favor, with Councilmen Hill, Howard and Wallace voting
against this amendment . The resolution, as amended, was then unani-
mously adopted by roll call vote, and reads as follows :
BE IT_ .RESOLVED by the Town Council of the Town of Leesburg,
that Mayor Rollins send a letter to Mr. Huntington Harris ,
County Supervisor for the Leesburg Magisterial District , ex-
pressing the Council 's appreciation for his visit to our last
Council meeting, and
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BE IT FURTHER RESOLVED, that Mayor Rollins, in this same let-
ter, request Mr. Harris to attend the meetings of the Leesburg
Town Council whenever , in his opinion, matters of mutual inter-
est are pending before the Board of Supervisors on which he
would like our opinion, and
BE IT FURTHER RESOLVED, that these visits be scheduled by the
Administration Committee and be made a part of the Agenda for
the meeting he is to attend.
Councilman Howard suggested that Mr. Forbes and Mr. Ritter work
on a possible alternative plan for the redistricting of the County so
as not to split Leesburg , rather than lust saying that we oppose this .
The Chair requested that this plan be drawn.
There being no further business , the meeting adjourned at 9: 15 P.M.
et'
Mayor7711C,c,2
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'
Clerk of the Council
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