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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 • 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 • 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 02 ' Clerk of the Council 1