HomeMy Public PortalAbout1971_03_24 2V ��
D/I. MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 24, 1971.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on March
24, 1971 at 7 :30 P.M. The meeting was called to order by the Mayor,
with the prayer by Councilman Howard. Those present were : Mayor Ken-
neth 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 March 10, 1971 were approved as
written.
Mr. Charles A. Ottinger, attorney, stated that Mr. Raymond Gore •
was in favor of a traffic light at the intersection of Catoctin Circle
and Route 7 .
Mr. William Chamberlin, Civil Engineer for Mr. John Wallace, said
he attended the Street Committee meeting last week, at which time it was
suggested that a binding contract be drawn up between Mr. Wallace and
the Town concerning the construction of off-site sewer facilities to
serve the watershed in which the old Airport land is located. Mr. Cham-
berlin believed that this contract is a little premature inasmuch as Mr.
Wallace is not developing the property himself - he feels the contract
should be between the developer and the Town . He explained that all
they want at this time is for the Town to state that water and sewer
service is available to this 40-acre tract, and they realize that the
property owner would have to bear his proportionate share of the cost
• of any downstream development .
'�� Mr. Charles Ottinger, attorney for Mr . Wallace, said there was no
problem with the general agreement, but he feels there is a question as
to how to bind it . Mr . Wallace is willing for either him or the de-
veloper to pay their proportionate share of the trunk line from Route 7
to the Tuscarora line, but they feel this should be either a matter of
policy or an ordinance . He feels that the contract should run with the
land itself, rather than with Mr . Wallace personally . He suggested
that Council consider passing an ordinance , or a policy statement , pro
viding that any developer using land in a given watershed be required
to pay his proportionate share . This would be binding inasmuch as it
would be controlled by the power of the Town to issue Zoning Permits .
Mr. Ottinger passed out copies of a resolution which was adopted by the
Town Council on April 8th, which resolution stated that, if Mr. Wallace
performed certain requirements , the Town would issue him a permit for
the use of his 48-acre tract . He said that Mr. Wallace has met all of
these requirements , yet the Town is holding him up on these tap-ons
until he signs a contract on the offsite sewer. He said copies of these
plans for this 48-acre tract were presented at that time and he pre-
sented them again, explaining that the Town has already issued a permit
for the 8 acres that has been sold. He felt that Mr. Wallace has per-
formed all the requirements of this resolution and that Council should
give him a permit , regardless of whether he makes any agreement to ex-
tend the line from Route 7 to the Tuscarora Interceptor, even though he
is willing to do this . He said they are willing to wait for the Town
to prepare either an ordinance or a policy statement that would be bind-
ing upon the land. Mr . Chamberlin said a policy statement would cover
any watershed in the Town . He reiterated that all they want at this
time is a resolution stating that sewer and water taps are available to
the site . Any future development in the area can be held up until an
ordinance or policy statement is on the books .
This matter of who will pay for enlargement of lines was discusses'
at length by Council members and with the Town Attorney, with the gene
ral consensus of Council being that a policy statement be drawn up be-
fore anything else is done .
Town Manager Ritter reported as follows :
(1) The appropriation to Johnson and Williams in the amount of
$ 150 is due to the fact that , sometime ago, it was thought the Town
should investigate getting a 50 ' easement from VEPCO to be used as an
approach road to the Plant . VEPCO agreed to this and wanted a plat as
to just what would be needed, so we asked Johnson and Williams to pre-
pare this plat. Even though it was later found that VEPCO would give us
only 25 feet and, realizing that we would have to go back to the Rusts
for this land anyway, we are still obligated to Johnson and Williams for
preparing this plat, etc .
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MINUTES OF MARCH 24 , 1971 MEETING.
(2) The $138. 96 is needed to pay Lynchburg Foundry for pipe fit-
tings needed at the Rt . 7 By-Pass Water Line . They ran into underground
telephone conduit lines .
(3) The gas at the Sewer Plant is running around $400 .00 a month,
which is more than we had anticipated.
(4) Regarding the traffic light at the intersection of Rt . 7 and
Catoctin Circle , the latest traffic count justifies the light and the
Highway Department has approved its erection. The price is based on
using steel posts . It would be $700 less if we used wood posts , but
we would have a problem of getting the easement for the guy line if we
use wood posts . This will not solve the traffic problem by any means
at this intersection, but will help insofar as traffic - turning left
onto Catoctin Circle from Rt . 7 . However, it will back up the traffic
coming up Route 7 into town .
(5) The cost of the proposed tractor mower , etc . is a firm figure
and .is about $600 cheaper than the price we had from Whitmore and Ar-
nold. He explained how these items of equipment would be used.
CO (6) The Committee appointed by the Mayor met the other night in
O regard to how Ayr Street on the Master Plan would be affected by the
r-' proposed Hospital construction. It was decided to point out to the
Hospital that this is shown as a Major Thorofare street and ask that
they include this on their plans . They have not been able to meet with
Q Mr. Valentine yet . .
(7) We have been having personnel problems at the Sewer Plant and
have hired a Chief Operator from Wyalusing, Pennsylvania , who will re-
port for work on April 5th.
(8) We can account for only 17 or 18 copies of the Town Code , out
of the 25 we originally had.
(9) The Police have done a remarkable job in the past several
weeks in solving a number of .breaking and entering charges . It began
when Tommy Lloyd picked up two men on the Post Office job and Jimmy
Kidwell took it from there . With the assistance of several other offi-
cers , they worked night and day and have solved quite a number of cases
during the past two years . There are a number of juveniles involved.
He complimented these men who have worked so hard on these cases .
(10) The Town Forces moved in on the Semones-Durfey Project yester-
day after it looked like the contractor was not going to do this work.
They should finish this job tomorrow.
(11) The Street Committee authorized him to have a report made by
Dewberry, Nealon and Davis , showing the cost of engineering on four
projects . This was received after 5 this evening , so he has not had
time to review it .
Councilman Hill asked if the prime contractor on the Semones-Durfey
Sewer Project had contacted Mr. Ritter . Mr. Ritter said he had talked
with Mr. Moody and said he would be there on Monday, although he has no
forces as such at this time . We gave him until 10 o 'clock and then went
ahead on this project . We have $1 ,600 withheld on this project to cover
the items needing to be done . Councilman Howard asked if the Bond we
have on this project would give us any recourse on this . Mr. Ritter
said it is hoped that we will complete the job in accordance with speci-
' f'i;cations and plans , as well as pleasing the owners . We are keeping a
record of all time and material .
Councilman Hill also reported that , with regard to the Ayr Street
extension , he had hoped his Committee could meet and draw up some plans
to present to the Hospital and meet with the Hospital before this meet-
ing , however, they expect to do this as soon as possible .
Councilman Howard also complimented the Police on the fine job they
have done recently.
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MINUTES OF MARCH 24 , 197i MEETING..
Councilman Pumphrey inquired as to whether we have found out any-
thing more on the drainage problem in front .of the Yates property. Mr.
Ritter said they hope to have a recommendation for the Street Committee
meeting on Monday and he thinks it may be possible that we will have to
put in a catch basin.
Councilman Murray called attention to the hazards of parking on the
east side of S . King Street between Hirst Lumber Company and Monroe
Street. When cars are parked in this location, two large trucks cannot
get through at the same time . Mr . Ritter said he would look into this .
Mayor Rollins asked what has been done about putting in the loop
at Country Club Subdivision. Mr . Ritter said evidently the material
has not been ordered yet _ he has been trying to get in touch with Mr.
Crickenberger, but has not been able to find him. Mr. John Wright has
just returned from Florida and he will .try to talk with him about this .
Mayor Rollins also asked about the appraisals on the Hospital Road.
Mr. Ritter said he has not yet received the appraisals from Mr. Mac Downs
on either the Hospital Road or the Rust property.
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 an appropriation in the amount of $150 be made to pay
Johnson and Williams for preparation of metes and bounds de-
scription and proposed location of road to Filtration Plant
Site across VEPCO right-of-way . 1969 Bond Issue .
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 appropriations be made :
$ 138 . 96 - Lynchburg Foundry Co . for pipe fittings for new
12" water line at By-Pass Crossing at Rt . 7 East .
1969 Bond Issue .
1,500 .00 - Supplemental Appropriation for "Gas" at Sewer
Plant .
Mr. Ritter said that, hopefully , they will be able to use gas generated
at the Plant by some time in May.
On motion of Councilman Orr, seconded by Councilman Murray , the fol-
lowing resolution was offered for consideration :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that the Town Manager be authorized to proceed with the erec-
tion of a traffic light at the intersection of Rt . 7 and Ca-
toctin Circle , at an approximate cost of $2 ,500 .
Councilmen Howard and Pumphrey expressed their views that a light at this
locationmightmake the situation worse . Mr. Ritter explained that the
light would remain green on Route 7 until traffic approaches from Catoctin'
Circle. Councilman Hill said the Committee has considered many times the
construction of four (4) lanes in this area . Councilman Pumphrey agreed
that this should be done . Mr . R. K. Gheen, in the audience, addressed
Council, expressing his views that a light at this location would cre-
ate a greater problem than we now have. When the Branch Bank is com-
pleted, this will perhaps add to the problem. He said their plans call
for widening of a strip of Route 7 in order to satisfy the needs of the
Town, however, this will probably cause a more serious problem with in-
gress and egress in that area . He said their plans will be presented to
the Town in the future, so that the Town will know what to expect in the
way of traffic flow in and out of the Branch Bank. Mayor Rollins also
questioned the fact that cars going west and wanting to make a left turn
would back up traffic behind them. Councilman Pumphrey said the answer
would be to have a four-lane road . Mr. Gheen said it appears that what
293
MINUTES OF MARCH 24 , 1971 MEETING.
we need is a traffic signal with an arrow. It was the general consensus
of Council that a light at this location at this time would not solve the
traffic problem unless there was a 4-lane road. Councilman Pumphrey pointed
out that he is not against the 4-lane highway , but is against one-way
streets . It was also pointed out that the State will not make this a
4-lane highway unless the Town adopts one-way streets . Councilman Orr
withdrew the above motion in view of the uncertainty of the Committee that
recommended it . Councilman Murray also withdrew his second to the motion
and suggested that, in the future , if a Committee presents a resolution
on the Agenda , the vote of that Committee be shown if they are not in
complete accord.
On motion of Councilman Pumphrey, seconded by Councilman Hill , after
discussion , the following resolution was adopted by a vote of 6 to 1,
with Councilman Wallace voting against it :
BE IT RESOLVED by the Town Council of the Town of Leesburg , that
the Town Manager be authorized to purchase a Tractor Mower with
rear mounted blade , and also a Rotary Mower to be added to the
present tractor , at a total cost of $5 ,375 .
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Mr. Ritter pointed out that this will save a lot of time and money .
On motion of Mayor Rollins , seconded by Councilman Pumphrey , the
following resolution was unanimously adopted:
WHEREAS, the Council for the Town of Leesburg previously re-
quested the Loudoun County Board of Supervisors and the Cir-
cuit Court of Loudoun County not to divide Leesburg in the re-
apportionment of the Magisterial Districts in Loudoun County, and
WHEREAS , the reason for this request was to maintain a com-
munity 'of political and social interest and to prevent the un-
wise decision of dividing this community when , in fact, it is
111 not necessary to do so, and
WHEREAS , it has been demonstrated to the Court and the Board
that the County can be reapportioned without dividing the Town
of Leesburg , and
WHEREAS, the Circuit Judge for Loudoun County saw the validity
of maintaining the Town of Leesburg in one Magisterial District
and gave such a plan tentative approval , and
WHEREAS , the Board of Supervisors has now withdrawn its peti-
tion to reapportion the County in order that the Board be per-
mitted to reapportion the County in accordance with the Vir-
ginia Constitution, which takes effect July 1 , 1971,
IT IS, THEREFORE, RESOLVED by the Council for the Town of Lees-
burg , that the Board of Supervisors be requested to reapportion
Loudoun County in such a manner that the Town of Leesburg is not
divided, : but that it remain in one Magisterial District, and
BE IT FURTHER RESOLVED, that a copy of this resolution be sent
to Larry Brown, Executive Secretary of Loudoun County, to each
member of the Board of Supervisors and to the Director of Plan-
ning for the County of Loudoun .
Mayor Rollins said the County will very shortly be taking up another re-
apportionment and he feels the Town should restate its position.
On motion of Mayor Rollins , seconded by Councilman Pumphrey , the
following resolution was unanimously adopted :
WHEREAS , several residents of Leesburg have urged or suggested
that height limitations now imposed on building be increased or
abolished, and
WHEREAS , many builders have inquired of Town officials concern-
ing the possibility, and advocating the advisability , of being
permitted to build higher than now permitted under the existing
ordinances of Leesburg , and
294
MINUTES OF MARCH 24 , 1971 MEETING.
WHEREAS, the County Government has recently requested permis-
sion to build higher than permitted under ordinances of Lees-
burg during the construction of the new Loudoun County complex
of office buildings , and
WHEREAS, the Loudoun Memorial Hospital designed the new hos-
pital in its present form because of height limitations , and
WHEREAS, the economics of construction, coupled with land acqui-
sition costs , dictates the possible necessity of building higher,
rather than on more land with more buildings ,
IT IS, THEREFORE, RESOLVED by the Council of the Town of Lees-
burg , that the Leesburg Planning Couuuission be instructed and
directed to recommend to the Council for the Town of Leesburg,
after required public hearings on the subject , amendments deemed
necessary in the building height limitations now in existence
in Leesburg, and
BE IT FURTHER RESOLVED that the Planning Commission take into
consideration, but not limited to , such factors as, whether any
change is necessary ; whether there should be different limita-
tions for different zones ; whether government and public build-
ings , such as libraries and hospitals, should be exempted from
complying with any height limitation ; and the possibility of
permitting high-rise apartments , office buildings and commercial
establishments of all types , and
BE IT FURTHER RESOLVED, that the Planning Commission be re-
quested to act on this matter with all appropriate speed.
Councilman Howard recommended that the Board of Architectural Review be
made aware of this and get their recommendation as well . Mayor Rollins
instructed that each member of this Board be sent a copy of this resolu-
tion.
On motion of Councilman Orr, seconded by Councilman Murray, the
following resolution was presented for consideration :
WHEREAS, the Town of Leesburg desires to have a Master Plan
Study made for the Leesburg Municipal Airport (Godfrey Field)
under the Airport and Airways Development Act of 1970, Public
Law 91-258, and
WHEREAS, the Town of Leesburg has requested proposals from
four consulting engineering firms that perform such sethices ,
and
WHEREAS, the Town Airport Committee , in a recent meeting with
the fixed base operator, recommended the selection of the firm
of Henningson, Durham and Richardson (Thomas Bourne Division,
Washington, D . C . ) for negotiations to undertake the project,
and
WHEREAS, the Town of Leesburg and the fixed base operator, Trans-
american Airports , Inc . , have jointly agreed to participate in
the financing of said study project if the FAA and the State of
Virginia provide their proportionate shares under present Fede-
ral and State Planning Grant Programs ;
NOW, THEREFORE, BE IT RESOLVED that the firm of Henningson,
Durham and Richardson be and is hereby selected by the Town
Council to perform said planning effort, subject to negotia-
tions of a satisfactory work statement and fee and, further,
that the Town Manager and fixed base operator are hereby au-
thorized to notify the aforementioned firm of their selection
and request that said firm come to Leesburg for said negotia-
tions to arrive at a satisfactory statement of work and fee
for the proposed project, and
BE IT FURTHER RESOLVED, that the Town of Leesburg hereby au-
thorizes the expenditure of a sum not to exceed Twenty-five
Hundred Dollars ($2 ,500 .00) as its share of this planning grant
project, and
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MINUTES OF MARCH 24, 1971 MEETING.
BE IT FURTHER RESOLVED, that , after negotiation of a mutually
satisfactory work statement and fee as stated above, for the
services of the above recommended consulting engineering firm,
said firm be authorized to proceed on behalf of the Town of
Leesburg to prepare appropriate applications to the FAA and to
the Virginia State Division of Aeronautics for Federal and
State Planning Grant Funds for this project , and
BE IT FURTHER RESOLVED, that the Mayor of the Town of Leesburg
be and is hereby authorized to sign and submit such applications on behalf of the Town of Leesburg.
Councilman Orr explained that the Airport Committee had met with Mr.
Rawls and Mr. Moody regarding this Master Plan for the Airport and they
recommended this firm. This firm gave a :price of $25 ,000 to $37 ,000.
Of this , the Federal Government will pay two-thirds , the State will pay
one-half of the remainder, leaving $5 ,000. The fixed base operator would
pay one-half of this and the Town the other one-half.
Mr. Rawls explained that they are talking about nothing more than a
C.O Master Plan for the Airport - they now have no Master Plan, only a lay-out
O plan and a site selection study , however, this will eventually lead into
..� a huge program over the next five years . The Federal Government has set
up about $259,000 ,000 a year for landing aids at approved Airports . He
said that the present Airport does not provide adequate landing facili-
ties for customers that would like to use it and they feel that they must
improve the entire facility. Basically, it is now a Sunday airport. He
said that the FAA is interested in this Airport, along with other smaller
airports , to relieve them of the smaller aircraft at the major airports .
Better facilities here would create a base for light industry to locate
around it. The first step in this expansion would be this Master Plan .
He passed out to members of Council copies of bids from four engineering
firms that were considered, and pointed out that a Master Plan has to be
done before they can get into any improvement or enlargement of the Air-
, port at all . Councilman Orr said the Committee felt that $2 ,500 would
be a fair share for the Town to spend on this .
Councilman Wallace moved to amend this resolution by adding, in the
sixth paragraph, after" ($2 ,500 .00) " the words "or one-half the local share
of the cost , whichever is the lesser, " and after "project, " the words "to
be appropriated from the Airport Fund, " This motion was seconded by
Councilman Orr and was unanimously adopted.
Council Wallace said that future construction costs bother him, he
is concerned as to where this construction money would come from. Mr.
Rawls said that outof the Master Plan would come a layout plan and how
financial costs should be worked out . Their first requirement is more
ramp space at the local field and he believed the FAA would do a lot of
work toward this . He said that, as the Airport comes up to better stand-
ards , the FAA will do more to make it even better. Councilman Wallace
moved to further amend the resolution by adding at the end the following :
AND BE IT FURTHER RESOLVED, that the payment by the Town of a
portion of the cost of the aforementioned study shall in no
way be an indication of an intention to pay any of the cost of
expansion of the Airport as may be outlined in the above-refer-
enced study.
This amendment was seconded by Councilman Howard and adopted by a vote of
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6 to 1, with Councilman Pumphrey against .
The resolution, as amended, was then unanimously adopted and reads
as follows :
WHEREAS, the Town of Leesburg desires to have a Master Plan
Study made for the Leesburg Municipal Airport (Godfrey Field)
under the Airport and Airways Development Act of 1970, Public
Law 91-258 , and
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MINUTES OF MARCH 24, 1971 MEETING.
WHEREAS, the Town of Leesburg has requested proposals from four
consulting engineering firms that perform such services , and
WHEREAS, the Town Airport Committee , in a recent meeting with
the fixed base operator, recommended the selection of the firm
of Henningson, Durham and Richardson (Thomas Bourne Division,
Washington, D. C. ) for negotiations to undertake the project,
and -
WHEREAS, the Town of Leesburg and the fixed base operator,
Transamerican Airports , Inc . , have jointly agreed to partici-
pate
in the financing of said study project if the FAA and the
State of Virginia provide their proportionate shares under
present Federal and State Planning Grant Programs ;
' NOW, THEREFORE, BE IT RESOLVED that the firm of Henningson ,
Durham and Richardson be and is hereby selected by the Town
Council to perform said planning effort , subject to negotia-
tions of a -satisfactory work statement and fee and, further,
that the Town Manager and fixed base operator are hereby au-
thorized to notify the aforementioned firm of their selection
and request that said firm come to Leesburg for said negotia-
tions to arrive at a satisfactory statement of work and fee for
the proposed project, and
BE IT FURTHER RESOLVED, that the Town of Leesburg hereby au-
thorizes the expenditure of a sum not to exceed Twenty-five
• Hundred Dollars ($2 ,500 . 00) , or one-half the local share of the
cost, whichever is the lesser, as its share of this planning
grant project, to be appropriated from the Airport Fund, and
BE IT FURTHER RESOLVED, that, after negotiation of a mutually
satisfactory work statement and fee as stated above, for the
services of the above recommended consulting engineering firm,
said firm be authorized to proceed on behalf of the Town of
Leesburg to prepare appropriate applications to the -FAA and to
the Virginia State Division of Aeronautics for Federal and State
Planning Grant Funds for this project, and
BE IT FURTHER RESOLVED, that the Mayor of the Town of Leesburg
be and is hereby authorized to sign and submit such applications
on behalf of the Town of Leesburg , and
BE IT FURTHER RESOLVED, that the payment by the Town of a por-
tion of the cost of the aforementioned study shall in no way
• be an indication of an intention to pay any of the cost of ex-
pansion of the Airport as may be outlined in the above-refer-
enced study.
Mayor Rollins asked that Council give some consideration to the Dew-
berry, Nealon and Davis proposal for engineering costs on four projects .
He also said he thought the Council should make some decision as to
whether the Town wishes to put up the money to build, extend or enlarge
sewer lines and then recoup a portion of this money, or whether the
first developer should be required to install these lines . There was a
great deal of discussion on this matter, with Councilman Wallace suggest-
ing that the Town adopt Ordinances similar to those used in the surround-
ing areas . Mr. Ritter pointed out that plans had been prepared a year
ago for the sewer line under the proposed By-Pass . He also said he be-
lieved Dewberry, Nealon and Davis should decide the size of the lines
needed on the various projects .
Councilman Orr left the meeting at this time .
Discussion continued regarding the building, etc . of sewer lines,
with Mr. Forbes pointing out the fact that the resolution concerning
height limitations and any policy on the sizing of sewer lines would
go together. Discussion then followed regarding "proportionate share"
and "maximum density . " Mr. Forbes said we need an official land use
plan and that representatives from Greenhorne and O 'Mara are to meet with
the Planning Commission next month regarding the Master Plan for the Town.
297
MINUTES OF. MARCH 24, 1971 MEETING.
Mayor Rollins again said this policy must be decided very soon. Mr.
Ritter pointed out that, before you can arrive at any definite cost as
to what a developer would have to pay, you have to find the cost of the
sewer line itself ; you have to study the entire watershed and get the
number of units that can be built on all vacant land; then you tell the
developer this is what he will have to pay. He said our Ordinance cover-
ing sewer policies does not cover this particular situation relating to
Mr . Wallace 's land, where we have a line that is too small . There was fur-
ther discussion on this and on having Dewberry , Nealon and Davis make a
recommendation as to who should finance oversizing of an existing line.
This entire matter was referred to the Utility Committee for further study
and recommendation. •
There being no further business , the meeting adjourned at 10 :25 P.M.
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Mayor
Clerk of/L�he" Council
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