Loading...
HomeMy Public PortalAbout1970_08_26 217 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 26 , 1970 . A regular meeting of the Leesburg Town Council was held on August 26 , 1970 at 7 :30 P.M. in the Council Chambers , 10 West Loudoun Street , Leesburg, Virginia . The meeting was called to order by the Mayor, with the prayer being offered by Councilman Howard. 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. Councilman Hill corrected the Minutes of the August 12 , 1970 meeting on Page 215 regarding the roll call vote to table the matter of the hours for public dances . This should read "a roll call vote of 3 to 1 . " Mayor Rollins also corrected. the Minutes on Page 216 , stating that the $500.00 appropriation to the Northern Virginia Planning District Commission was appropriated from the Budget sometime ago, therefore , it should be de- leted from these Minutes . The Minutes were then approved as corrected. Mr. Thomas Nalls , Attorney representing Mr. Sidney Mensh, addressed Council regarding the new availability charges for water and sewer con- nections in Leesburg Estates and Leesburg Country Club Subdivision. In 1963-64, Mr. Mensh paid for 50 connections for water and sewer, at the rate of $125 .00 per connection, or a total of $12 ,500 . It is his con- O tention that he should not be required to pay this additional availa- bility charge now . Mr. Sam Thomas addressed Council on behalf of the owners of the Golden Horse Shoe Club, requesting that the hours for holding dances be increased to 2 :00 A.M. He said it is their understanding that, under the present Town Ordinance , they would have to close down on Friday nights at 1 :00 A.M. and on Saturday nights at Midnight . Mr. John Tolbert also addressed Council, requesting again that some- thing be done about 2nd Street in Waverly Heights . He said the Town placed gravel on it quite some time ago, but this has not helped the situation this year. This situation has existed since 1953 . Mr. Ritter said this is on the work sheet but the men have not been able to get to it . He guaranteed that it will be done this summer . He also said that the snow plow was out there last winter . He explained that the Town will do the base work on this street, but the asphalt work will have to be done by someone else . Mr. Tolbert also asked if the Town moves trees . Mayor Rollins said only if they are on Town right-of-way . Mr. Ritter added that 2nd Street will be a surface treated street . Mayor Rollins and Councilman Wallace both said they understood that this would be a plant mix top. Mr . Ritter explained that it will be surface treated this year until we can get it in shape to plant mix it either next year or the year following . It would have to have a treatment prior to plant mix anyway . Mr: Stanley Caulkins , Mr. Stanley Newman, Mr . George Casey and Mr. Eugene Barber each addressed Council, stating that they felt the "No Left Turn 4 to 6 P.M. " signs were beneficial to the movement of traffic through downtown Leesburg and they would like to see •them remain in place . Town Manager Ritter reported the following : 1 . We have received word from the Highway Department that the latest traffic count at Route 7 and Catoctin Circle does justify a signal due to the volume of traffic on Route 7 , which far exceeds the justification. The work is being laid out for this signal for Highway Department ap- proval and a cost estimate is being worked up for consideration by the Committee . 2 . Progress on Edwards Ferry Road has been stepped up considerably . They have put in a good deal of curb and gutter in the last several days . 3 . We have been trying to secure a right-of-way for the triangle at the west end of Town - this will provide a safety feature, as well as a cross-over between the two sides of Morven Park Road. Colonel Isaacs is handling the negotiations with other parties to secure this Deed of ' Dedication . 218 MINUTES OF AUGUST 26 , 1970 MEETING. 4 . Regarding the appointment of a delegate and an alternate to the Regional Sanitary Advisory Board, this Board acts as an Advisory Board to the Council of Governments on matters of solid wastes , disposal and water and sewer. Its purpose is to promote coordinated planning and to review engineering studies , with the idea of interjurisdictional cooperation. This Board is composed of engineering staff designers and the roster shows members such as Directors of Public Works and Public 'Utilities . 5 . Mr. Williams is trying to set up an appointment with officials from HUD in Philadelphia for next week and he will go with him and would be glad to have anyone else go along. Councilman Howard called attention to the fact that the weeds and foreign growth need to be cut at the intersection of Loudoun and Ayr Streets . Visibility is blocked at this location. On motion of Councilman Hill , seconded by Councilman Pumphrey, the following resolution was offered for discussion: WHEREAS, "No Left Turn" Signs were erected for a two-week trial period at the intersection of King Street and Market Street , and at the intersection of King Street and Loudoun Street on July 11, and WHEREAS, the two-week trial period has expired, and WHEREAS , complaints have been received from the downtown mer- chants to the effect that these signs have caused an incon- venience to business establishments in their area , and WHEREAS, this resolution was tabled at the Council meeting held on August 12 , 1970, with instructions that it be placed on the Agenda for final action at this meeting , IOW, THEREFORE, BE IT RESOLVED by the Town Council of the • Town of Leesburg , that these two "No Left Turn" Signs be re- 111 moved at the earliest possible moment . The following comments were made by various Councilmen : Councilman Murray said, from the comments here tonight , it would seem an error to pass this resolution. The only complaint he has re- ceived was from one merchant - it is hard to believe that 12 parking places adversely affect the merchants ' business , and most of these are the same ones that have parking in the rear of their businesses . Councilman Pumphrey said that , up until tonight, there have been only two people who told him it was a good thing . He did not see how it can be enforced unless there is a policeman there . There are a lot of people who do not know the signs are even there . People still wait at the corner to make left turns , so what is the use of having these signs if no-one is going to pay any attention to them. Councilman Murray said that this is like any other controversial item, those who share your view will be the ones to come see you. The police have said that, when there is no officer there to direct traffic , • the signs do help. Councilman Wallace thinks it makes good sense to have the signs there, and he believes most people do pay attention to them, however, he does not believe the new signs are in the proper location. He said he expressed his views in the paper and a lot of people have said they are in favor of the signs , he did not believe anyone objected other tha the downtown merchants . Councilman Hill said he had checked with several of the downtown merchants and he has mixed feelings on the subject . He feels that an officer does a better job directing the traffic than the signs do and he cannot see how we can eliminate an officer at this corner when he is needed there to enforce the sign. However, practically everyone thought it a good idea if it freed an officer to work traffic at Catoctin Circle . 219 MINUTES OF AUGUST 26 , 1970 MEETING. Councilman Wallace suggested that an officer be present to enforce the sign a couple of days a week for a month, then he believed most people would pay attention to it . Councilman Murray believed that, even if only a portion obey the signs , it is valuable . Should there be an accident, he would think the one disobeying the sign would be at fault and should receive a ticket . Mr. Ritter commented that we have not had an officer at the corner of Market and King for some time now, but he does feel that the only way to enforce the sign is to have an officer there. Councilman Pumphrey said, if they are going to put a light at Ca- toctin Circle , this would alleviate the necessity for an officer there. Councilman Howard asked Chief Kirk for his opinion again. Chief Kirk said he is still of the same opinion - that when there is no offi- cer there , the signs do help . . Councilman Wallace asked when the traffic- light would be installed at Catoctin Circle . Mr . Ritter said it would be at least six months by ,Jr the time all plans are worked out and it is installed . Councilman Wal- CD lace said he would have no objection to taking these signs down after this light is in operation . a Councilman Pumphrey suggested that there be No Left Turns at Catoc- C] tin Circle . Councilman Hill asked if there is any build-up of traffic at this location . Chief Kirk said there is . Councilman Murray offered the following amendment to the resolution : WHEREAS, No Left Turn signs- have shown some improvement in the flow of traffic going through the Town and because of the com- ments received by some of the merchants and other citizens , the No Left Turn signs be retained and their location be improved by installation on the Stop- sign guy wires . The Chair ruled this amendment out of order due to the fact that it does not change the resolution . The original resolution would have to be de- feated and a new one made . A roll call vote on the original resolution showed the resolution above adopted by a vote of 4 to 3 , with Councilmen Howard, Murray and Wallace voting against it . On motion of Councilman Pumphrey , seconded by Councilman Howard, the following Ordinances were . offered: BE IT ORDAINED by the Council for the Town of Leesburg , that Sec . 19-22 . 1 of the Code of the Municipality of Leesburg , Vir- ginia be deleted and the following inserted in place thereof :. Sec . 19-22 . 1 . • The following sections shall not be applicable to those buildings within the corporate limits for which a building permit was issued prior to. June 10 , 1970 , nor to those lots within or without the corporate limits for which a tap fee has been paid prior to June 10 , 1970 : Sec . 19-14 . 1; 19-14. 2 , 19-22 . 5 , , 19-22 .6 , 19-22 . 7 , 19-22 . 16 . BE-IT ORDAINED by the Council for the Town of Leesburg , that Sec . 25 -16 . 1 of the Code of the Municipality of Lees- burg , Virginia be deleted and the following inserted in place thereof: Sec . 25-16 . 1. The following sections shall not be applicable to those buildings within the corporate limits for which a building permit was issued prior to June 10 , 1970, nor to those lots within or without the corporate limits • for which a tap fee has been paid prior to June 10, 1970 : Sec . 25 -7 . 1, 25-7 . 2 , 25-16 .5 , 25 -16 .6 , 25-16 . 7 , 25 -16 . 15 . .220 MINUTES OF AUGUST 26 , 1970 MEETING. Councilman Pumphrey explained that the Committee feels the Town entered into a contract with Mr. Mensh and that the Town would be showing bad faith if they tried to collect availability fees now. Mr . Mensh paid for 50 taps at $125 each in 1963 and we have been using his money all this time . Councilman Howard said there are approximately 90 taps af- fected by this Ordinance and the Committee does not feel these people should be governed by this new law. The above Ordinances were then unani- mously adopted. On motion of Councilman Murray, seconded by Councilman O.rr, the fol- lowing Ordinance was offered for discussion . BE IT ORDAINED by the Council for the Town of Leesburg, that Sec . 15 -44 of the Code of the Municipality of Leesburg , Vir- ginia be deleted and the following inserted in place thereof: Sec . 15-44 . Same(-when operation prohibited. All public dances held in the Municipality shall be closed not later than 2 :00 A.M. , and Sundays not later than 1 :00 A .M. Mr. Sam Thomas spoke with regard to this Ordinance , stating that the American Legion Post here makes the money from the kitchen and that beer is the only alcoholic beverage sold. In answer to Councilman Hill 's ques- tion, Mr. Thomas said that, on an overall basis, the conduct is verp good - it keeps the young people off the streets . They had in the neighborhood of 1,000 people there over last week-end. Councilman Orr asked how much they charge. Mr . Thomas said usually $4 . 00 a head, depending on their entertainment , which is anywhere from $1,000 to $3 ,000 a night . Council- man Wallace said the Committee considered this in conjunction with the ABC laws . Councilman Murray said this Ordinance would not be changed for just this specific organization . Mr. James Clark , Manager of the Golden Horse Shoe Club, said their letter asked for the hours to be changed so that they could hold the dances from 10 to 2 , their main rea- son being that , although the dances are scheduled for 10 P.M. , the pay- ing crowd does not come until 11 to 11 :30 . The lease they now have wit the two promoters also states these hours , so this is their stake at hand , as well as the American Legion Post and the extra money made by off-duty police officers . To his knowledge , there has been no distur- bance of any sort, other than the time of the dances . He said 1:00 A.M. would not do justice for the dance on Saturday night . On motion of Councilman Murray , seconded by Councilman Orr , Council voted 6 to 1 , with Councilman Howard against, to amend the motion to de- lete "and Sundays not later than 1 :00 A.M." The motion, as amended, was then adopted by a vote of 6 to 1 , with Councilman Howard voting against it . On motion of Councilman Murray, seconded by Councilman Orr, and after explanation by Mr. Ritter that this was a duplicate fee since Humble Oil and Refining Company had previously paid it, the following resolution was unanimously adopted: BE IT RESOLVED by the Council for the Town of Leesburg, that the Town Treasurer be and he is hereby authorized and directed to refund to Thomas I . Blankenship the sum of $50.00 for a com- mission merchant license fee paid in error during the previous fiscal year. • On motion of Councilman Wallace , seconded by Councilman Pumphrey , the following resolution was unanimously adopted: BE IT RESOLVED by the Council for the Town of Leesburg, that the following appropriation is hereby made : $688 .34 - Johnson and Williams - Engineering• Coordination and Construction Review, Projects S-I , S-II and S-III (1969 Bond Issue) . There was discussion as to whether the Town should join the Regional Sanitary Advisory Board. Mr. Ritter explained that we have been invited by COG to join, with the Board 's purpose being to have representation 21MIN221- MINUTES UTES OF AUGUST 26 , 1970 MEETING. from all local governments in Virginia , Maryland and the District of Co- lumbia to discuss planning and operation of sewer, water and solid wastes and to consider these matters on a regional or inter-regional scope. This would cost us nothing . Councilman Hill asked if Federal funds might go through a body of this nature . Mr. Ritter said it is necessary that we have approval- from COG before HUD will consider it . Councilman Murray cited the advantages to be gained from this . Mayor Rollins said he be- lieved those members who attend the various regional meetings should have their expenses paid by the Town. Mr. Ritter said this Board meets only four sessions a year and any special . sessions required. It was the gene- ' ral consensus that the Town join this body. On motion of Councilman Orr, seconded by Councilman Wallace , the following resolution was unanimously adopted : BE IT RESOLVED by the Council for the Town of Leesburg , that Ted M. Moody be and he is hereby delegated to participate, as an active member, in the activities of the Regional Sani- tary Advisory Board, and BE IT FURTHER RESOLVED, that James W. Ritter, Jr. be and he is hereby delegated as an alternate to participate in the ac- tivities of the same . On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $17 ,505 .00 - English Construction Co. for Est . #22 on Project S-I (1969 Bond Issue) . 4 ,470 .01 - Maryland Excavators for work on Rt . 654 Sewer - Final Estimate (1969 Bond Issue) . Mayor Rollins asked if the Town is going to prepare the construc- tion plans for the Hospital Road. Mr. Ritter said yes , they will be pre- pared to go out for bids . Mayor Rollins also asked what the status is of the soft place in the Edwards Ferry Road construction . Mr . Ritter said there is some in- dication that it might be tightening up. When they can get the entrances opened up and put traffic on this side of the road for 2 or 3 days , then they should know whether it will have to be corrected . If it doesn ' t tighten up, we will have to dig out and seal off the soft place . Mayor Rollins asked if we should not do this anyway , rather than have it col- lapse . Mr. Ritter said Yes . Mr. Moody reported that things are going better at the Plant . They received shipment of the scales today, rather than on September 14th, and they will be installed in the next couple of days . They do not have the doors for the chlorine room yet, but these are not so important . They have started operation of the equipment, using water through the system, and everything is checking out very satisfactorily so far. They are not using sewage yet because he has found some leaks on the S-II Project that have to be repaired. Everything else is going very well at the Plant too. Grading operations have started, the weeds have been cut and they will work Saturday and Sunday preparing for seeding. He discussed making a grade correction on the service road today and they will put a surface treatment on this eventually because of the grade . ' They are placing curb and gutter in this particular area (that around the Control Building can wait a while) and will pave the ramp in front of the centrefuge room for the trucks . Mr. Deal is the Chief Operator and has Gene Keyes working with him. They have just had a session with the State Health Department and know what tests they have to run and are getting additional lab equipment to run these tests . There are no real problems left at the Plant . After next Monday, he would like to meet with the Mayor and Council and decide on an official opening date . By that time, they should have all sewage running. Then they can get the old Plant ready for sale . The Rt . 654 line is ready for final payment, with the exception of one or two items . 222 MINUTES OF AUGUST 26 , 1970 MEETING. He has had experts go through the Rt . 15 By-Pass line and is satis- fied with this now. Councilman Hill asked Mr . Moody about the letter he received from Johnson and Williams dated August 21st , wherein Mr. Williams was explain- ing that only one clarifier would be required to operate the sewage treat- ment plant at this time . Mr. Moody explained this and said that the one clarifier will handle the sewage at this time , even though the motor for the other one will not be delivered for approximately six weeks . There was also some discussion regarding a letter from English Construction Company to Johnson and Williams , in which English advised that the Plant is ready to be put into operation and has been for some time . Councilman Howard asked about the Agreement with Mrs . Carr as to the time the Edwards Ferry Road construction is to be completed. Mr. Ritter said he did not see how she could hold us to this because the Utility Companies held up this project for a month and some of these things are not through the Town 's fault. Mayor Rollins suggested that we could get a written extension from her. On motion of Councilman Murray, seconded by Councilman Wallace , the meeting adjourned at 9 :00 P.M. et' l Mayor —/ / Clerk of 'he Council • 1