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HomeMy Public PortalAbout1971_01_13 263 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13 , 1971 A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia , on Janu- ary 13 , 1971 at 7 :30 P.M. 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. and Town Attorney George M. Martin. The Minutes of the meeting of December 23 , 1970 were approved as written . Town Manager Ritter reported the following : (1) Two weeks ago, Mr. Bozel, Mr . Forbes and he had an oppor- tunity to review the Highway Department preliminary plans on the South- west Quadrant of the By-Pass , hoc.ever, these plans are not for official release yet. They were very much disturbed by the ':monstrosity" they propose to build where the By-Pass comes into Route 7 . This will cause the Town several problems , the biggest one being drainage . The Town Branch is already overloaded when it rains , beginning with Dry Mill Road and on down through King Street . This construction will not only cause additional drainage, but it will be a faster rate of flow, and will O cause problems from Rock Spring Subdivision all the way through Town. r.+ This construction will also eliminate part of our Major Thorofare street plan , since the plan calls for Catoctin Circle to come into Route 7 at Fairview Avenue . It also puts those people living in that area , along with the new Lutheran Church, in a hole . In addition, it will cause us a problem in relocating our utility lines, which go as far as Fairview Street . The Highway Department knows we have reviewed these plans and he thinks it would be wise for the Council to go on record now, while the plans are not official , as opposing this construction. He said he did not believe they would change the design, but he believes we should be greatly concerned with this matter . (2) In accordance with Section 4-3 of the Town Charter, he reported that Officer Joseph McDonald was removed as an employee of the Town Po- lice Force on December 15th and replaced by Officer Howard Willis on . December 28th. (3) He feels that the Town employees did a very good job in remov- ing snow after the 15" snowfall on New Year ' s Eve . We had two snow plows and the grader working almost around the clock for three days , besides renting two pieces of equipment and hiring five extra drivers . Some of the men worked 18 hours at a stretch . He said he was disappointed in the picture printed by the Times-Mirror last week and he certainly does not believe this is typical of what we did. However , it seems to be typical of what the paper does in the way they treat the Town . They go to great length to explain what the State Highway Department does , but not one word is mentioned about what the Town employees do to remove the snow and he resents it . (4) We had an unfortunate experience at the Phillips-Nickels Well the other day. Thedoor was found open and the pump in the chlorine room was frozen and had burst . A new one has been ordered. (5) The price has gone up considerably on the Police cars . Last year, we paid $2 , 235 for a 1970 Plymouth and this year it will cost $3 ,240 . 19 for a 1971 Plymouth , a raise of $1,000 . (6) The Indemnity Agreement between Southern States and the Town has been approved by the Town Attorney. The purpose of this Agreement is toprotect the Town in the event any of the original participants come to the Town for reimbursement . This is called the Parker Sewer Line and was paid for by nine (9) people originally . The prior Agreement calls for anyone connecting to this line to pay a $2 . 30 per front foot charge , then this money was disbursed to these nineogle on a percentage basis . He went over this with the Town Attorney and/feels we should have this Agreement to protect the Town . (7) The supplemental appropriation on the Police Radio Maintenance was caused by the fact that we had to buy extra batteries for the base station at the Town Office . `264 MINUTES OF JANUARY 13 , 1971 MEETING. Mayor Rollins asked about the Phillips-Nickels Well incident . Mr. Ritter explained that the Town employees say they did not leave the door open - it is a mystery to us . They might have forced the door open, but someone had to have a key to get into the property. The locks have al- ready been changed and nobody has a key but the Utility crew and him. This was the pump that pumps water into the chlorinator. They are still pumping water , but it is not chlorinated, however , he said there is no worry since the tests have never shown any bacteria - they put chlorine in it just as a safety measure . Councilman Hill wondered if we should not shut it down until we get the new pump. Mr . Ritter said he thinks we should keep it running to keep the pumps in working order and also to be sure we continue to have water from this Well. Councilman Wallace asked if we are salting the roads tonight , to which Mr . Ritter replied that we are . Mr. Wallace said he believed the west end of Town on Route 7 was in bad shape on Saturday morning. Mr. Ritter explained that there was a question of priority, for example , the roads in Brandon were in bad shape until Sunday . It was too much for the organization that we have and he explained again that he had hired etra equipment and drivers . He said it is never the way we would like to have it and he does not blame people when they complain that we have blocked their driveways , but we do the best we can to get the streets open for travel . Councilman Hill said he agreed that the paper presents a slanted view on the Town 's activities . Councilman Howard asked if we have an Ordinance that requires prop- erty owners to clean their sidewalks . Mr. Ritter said we have , but we did not notify people at the beginning . They are supposed to move the snow the day after it stops snowing. Mr . Ritter said we have enforced this Ordinance before , we did so last year. The Ordinance provides for a fine , however , we have never done this . Councilman Orr asked about the lot next to him . Mr. Ritter explained that this belongs to Mr. Scully, who never has it cleaned, so the Town cleaned that and the sidewalks with the front end loader , more particularly because of children walking to school . Mayor Rollins asked about the area in front of Timber Lodge going up to the Telephone Office . Mr . Ritter says we have this problem every time it snows , these people never clean their walks . Councilman Howard asked the status of the Babson-Vandevanter road at the fork of Loudoun Street and Route 7 . Mr. Ritter reported that Bill Nickels is handling this in the interest of Mr . Babson and he said it would be settled in Court pretty quickly . Councilman Orr asked what has been done about the condemnation of the land needed for the Hospital Road. Mr. Ritter said Mr . Downs said he would be here during the second week in January to make his appraisal, and Mr . Kline is working on his. Mayor Rollins read to Council a letter from the Hospital expressing thanks to the Town for its help in the snow emergency . This letter was given to the Times-Mirror representative at the request of Councilman Hill . Mayor Rollins explained that , due to some legal foul-up, the Notice of Public Hearing to be held on the Charter Amendments was not advertised the required 10 days before the date set for Public Hearing. Therefore, it will be published in this week 's paper so that the Public Hearing may be held at the January 27th meeting. After talking with Mr. Phillips , he has indicated that this can be heard at that time, even though it will be a little late . Regardless of whether or not the Charter is amended, the election will be held on May 4th, with the filing deadline to be March 2nd . On motion of Councilman Howard, seconded by Councilman Wallace , the following resolution was unanimously adopted: WHEREAS, Notice of Public . Hearing on proposed Amendments to the Town of Leesburg Charter was published on January 7 , 1971, which did not provide sufficient time for the 10-day requirement prior to Public Hearing to be held on January 13 , 1971 , and 265 MINUTES OF JANUARY 13 , 1971 MEETING. WHEREAS , a Notice will be published in the Times-Mirror on January 14, with Public Hearing to be held on January 27 , 1971, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the above action be ratified. 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 : $1,335 . 50 - Interest due First & Merchants National Bank on Airport Bonds . Councilman Wallace asked if we are to be reimbursed for the increased rate of interest . Mr. Ritter said we are . On motion of Councilman Wallace , seconded by Councilman Hill, the following resolution was offered : LO O BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to place an order for a CZ 1971 Plymouth Police Car through the Division of State Pur- �^ chasing , at a price of $3 ,240. 19. This resolution was discussed by Council, with Councilman Wallace stating that the/Increased price is due to the fact that no discounts are given by the dealers now. Councilman Howard asked the Town•Manager to see 8idmuch a local dealer would want for this same car. Lt . James Kidwell /Council that this car could not be purchased from a local dealer - that these cars are made up to State specifications for the State only - they are heavy duty cars especially made for Police use . He explained that the Town bought one through a local dealer several years ago and the mainte- ' nance work ran over $2 ,000 on it . The car needed at this time would prob- ably cost close to $5 ,000 if bought through a local dealer. The above resolution was then unanimously adopted . On motion of Councilman Pumphrey, seconded by Councilman Howard, the following resolution was unanimously adopted after lengthy discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the attached "Indemnity Agreement"between Southern States and the Town of Leesburg be adopted : (Said Agreement is as fol- lows : ) INDEMNITY AGREEMENT AGREEMENT, made this 13th day of January , 1971 , between SOUTH- ERN STATES LEESBURG COOPERATIVE, INCORPORATED, a Virginia cor- poration , called "Southern States", and THE TOWN OF LEESBURG, IN VIRGINIA, Leesburg , Loudoun County, Virginia , a municipal corporation chartered under Virginia law, called "Leesburg" . WHEREAS, by agreement dated the day of May, 1955 , be- tween Leesburg , Southern States and others as property owners , fronting on Route No . 7 and Parker Road in the County of Loud- oun, State of Virginia , arrangements were made for the con- struction of a sewer line ; and WHEREAS, certain provisions of said agreement , especially Para- graph (11) thereof, required Leesburg to charge a proportionate share of such cost to any landowner who was not a party to the agreement for the privilege of connecting to said sewer line and to make distribution thereof to the signatory contributors; and WHEREAS, Leesburg requires Southern States to hold it harmless from any claims by said parties or their heirs , executors , suc- cessors or assigns for any claim based on said contract for permitting Southern States to connect to said line without paying an additional share of the cost . 266 MINUTES OF JANUARY 13 , 1971 MEETING. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the mutual promises , covenants and undertak- ings of the parties hereto, as hereinafter set forth, and in further consideration of the sum of One Dollar ($1 .00) , in hand paid by each of the parties hereto to the other party prior. to the ensealing of this agreement , the receipt whereof is hereby acknowledged, it is agreed : 1. Leesburg agrees to permit Southern States to connect to said sewer line without paying any further share in the origi- nal cost of construction of said line . 2 . Southern States , in consideration of being permitted to connect therewith on the aforesaid terms , agrees that it shall indemnify Leesburg , its successors and assigns , of and from all loss , costs , damages , charges , liability or expense which it may sustain or be put to as the result of or rising out of the connection by Southern States to said sewer line without paying any further share in the original cost of said sewer line as contemplated by said agreement in certain cases . 3 . This agreement shall be binding upon the parties hereto and their successors and assigns . IN WITNESS WHEREOF, the parties have caused this agreement to be executed on their behalf by their proper officers duly au- thorized as of this 13th day of January , 1971 . SOUTHERN STATES LEESBURG COOPERATIVE, INCORPORATED ATTEST: By : President Secretary THE TOWN OF LEESBURG, IN VIRGINIA Teste : By : Mayor Rollins asked if Mr. John Wright has paid the availability charges for water and sewer service for his new apartment project . Mr. Ritter said he has been billed for $22 ,500 . There is no water going through the meters yet , in fact , the box is being built now. Mr. Ritter explained that this project required two 2" meters and they made the tap themselves and will pay the Town for its cost in building the vault . We willnot turn the water on until the availability fees are paid. The Town is inspecting all the work that is being done out there, in- cluding the road, although this is a peculiar situation insofar as the road is concerned. He is building it in accordance with his original plans , however, the Highway Department has told him that he will have to put in a thicker base . In the meantime , he has some connection with the Highway Couuuissioners and they have given him the go-ahead from Cul- peper. This road can serve as a connecting link to Dry Mill Road one of these days and the Highway Department can refuse to take it over for maintenance if it is not built according to their Standards . The Town is not in a position to tell him how to build it - our main interest is that one of these days it will be incorporated and will be a Town street. No-one has any control over the design of the road. On motion of Councilman Murray , seconded by Councilman Orr, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made: $200 .00 - Supplemental Appropriation to Police Dept . - Radio Maintenance . 66 . 89 - Lynchburg Foundry Co . for 2 - 12" M.J . Caps , in connection with 12" Water Line construction at By-Pass (1969 Bond Issue) . 267 MINUTES OF JANUARY 13 , 1971 MEETING. • On motion of Councilman Pumphrey , seconded by Councilman Howard, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that f' the Town Manager be authorized to sell the old pumps and motors , � at the old Sewer Plant to the Town of Purcellville for $500 . 00 . , SEE INSERT. Mayor Rollins asked if Council wishes to take any action concerning the By-Pass plans reported on by Mr. Ritter. This matter was discussed at length, with Councilman Hill stating that he would like to see an IIissue made of this, and Councilman Howard stating that he would like to see the whole thing opened again and suggesting that all Council members go to the Highway Office and look at these plans . Mayor Rollins said he believed, if the Board of Supervisors had gone along with the Town, the Highway Department might have changed the route . It was a tie vote, with Leesburg 's Supervisor not supporting the Town 's position. He said he be- lieved this route for the By-Pass is one of the great tragedies of Lees- burg 's future - what it is going to cost the Town in drainage problems , etc . Councilman Howard said he had recently written a letter to Commis- . sioner Eakin about this and stated that Line "B" would even be cheaper 4 ' than Line "A. " Councilman Murray suggested that we acquire any and All CC) information on this , even if it involves .hiring an engineer to study it . ? .'-' to see just what it is going to do to the Town . There will be a design .` = hearing in the next couple of months . Mayor Rollins said the only thing ;a that would solve the matter would be to take another route . He suggested =^ that it might be a good idea to have Mr . Harris appear before the Coun- cil and see why the Town 's wishes are not being adhered to. Councilman Hill agreed with this . Councilman Orr said he certainly did not feel very good over hearing these prospects and Councilman Pumphrey expressed his concern over what this "fill" would do in the Fairview area . Council- man Howard asked Mr. Moody if he could make a quick study of this situ- ation . He said he would be glad to do this . There was further discus- sion on this matter and regarding the tie vote by the Board of Super- visors on this matter. It was suggested that the Highway Counuissioner from this area also be present at the next meeting . Councilman Murray IIsuggested that we know what we are talking about on this before we bring II these people here and he feels that both Mr. Bozel and Mr . Moody are qualified on this subject . Councilman Pumphrey reiterated his concern over the "mountain" that would be built that would cover the Church and the houses in the Fairview area . Mayor Rollins said he believed we should try to get the Board of Supervisors to go along with us , or at least to get those Supervisors who are against this route to go with us to Richmond. It was decided that Mr. Ritter would ask the Highway Commissioner, Mr. Harris and Mr . Wiggins to all be present on the 27th of this month to dis- cuss this matter. Councilman Howard asked if Mr. Kline has said anything about our ob- taining a right-of-way from VEPCO on the Rust property for purposes of ingress and egress . Mr. Ritter said he didn ' t think VEPCO would con- sider it because of the dangerous situation created by the towers . How- ever, Councilman Howard thought it worthwhile to look into this matter. On motion of Councilman Orr , seconded by Councilman Hill , the meet- ing was adjourned at 8 : 55 P.M. ecita/ / — Mayor 1+ /1,.=.�..J II Clerk of Lhe Council INSERT On motion of Councilman Qrr , seconded by Councilman Murray , the following resolution was unanimously adopted : WHEREAS , Mayor Rollins has appointed William F. Webb , Jr. to membership on the Leesburg Board of Architectural Review, end WHEREAS , the Charter for the Town of Leesburg , Virginia pro- vides that such appointments shall be made by the Mayor with the consent of the Council for the Town of Leesburg , Virginia , NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg , Virginia , that the Council does hereby grant its consent to the appointment of William F . Webb , Jr . to the Leesburg Board of Architectural Review for a term to be co- extensive with his term of office es a. member of the Leesburg Planning Commission . • • •