HomeMy Public PortalAbout1971_05_26 321
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 26 , 1971.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street , Leesburg , Virginia on May 26,
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 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 regular meeting of May 12 , 1971 were approved as
written.
Town Manager Ritter reported the following :
(1) He explained the appropriation for pipe for storm sewers -
part of this is for pipe needed for the Fisher storm drain and part for
Catoctin Circle work.
(2) The appropriation to Tri-County Asphalt covers most of the
work that he has done - there still remains some work to be done on
South Street and on Catoctin Circle .
(3) The Town Attorney feels that we should eliminate the section
CD of the Town Code dealing with Deposit of Funds since there are now seve-
ral banks located in the Town and we deal with all of them at times .
Q (4) Item 3 on the Agenda amends the Code in accordance with the
State Code, which sets ' the price of motorcycle tags .
(5) Regarding the permission for a trailer in which to collect
old newspapers , the purpose is to recycle these papers back into indus-
try, as well as doing away with a certain amount of trash. A junk
dealer will collect these papers and the proceeds will go to Loudoun
Memorial Hospital .
(6) With regard to the conversion of the flow meters at the Sewer
Plant , this has been discussed on several occasions with the Utility
Committee and we felt they should not be converted at that time . Since
then , we have acquired a good Plant Superintendent and he feels that we
should have them and would like to see us convert these in order to re-
cord 2 mgd capacity.
(7) On the $100,000 appropriation suggested to English Construc-
tion Company on Project S-I, they have been after us to pay this and we
have been awaiting word from Johnson and Williams , which was received
today . They have $138 ,000 coming to them and the remaining work to be
' done will probably not come to over $10,000. The original contract com-
pletion date was June 30 , 1969 and this was extended to October 31, 1969
due to the poor labor conditions and inclement weather during the winter.
(8) The proposed resolution on Pollution of State Waters , etc . was
discussed at length with the Town Attorney this afternoon and it is felt
this needs a good deal more work before it is presented to Council, it
has not been to Committee yet. Also, it is felt that the issuance of
building permits by the Zoning Administrator should be handled under
this resolution.
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(9) With regard to the experimental lights put up by VEPCO, the
one in front of the Leesburg Restaurant is 42 ,000 lumen, compared to
our present ones of 10,000 lumen each. The cost of this new light would
be $96 .00 per year, compared to the present cost of $41. 00 per year. We
have 20 lights in the two block area on King and Market Streets , which
would make an increase of $1, 100 per year. On the parking lot , the ex-
perimental light is 20 ,000 lumen, compared to the present ones of 6,000
lumen, at a cost of $65 .00 for the new ones, compared to $27 .50 for the
old ones . The total increase in cost of the 13 lights in the parking
lot would be approximately $487 , for a total overall increase per year
of a little under $1,600 . The Budget was set up with an additional
$2,000 for this purpose .
(10) In accordance with Council instructions , the Order pertaining ;
to the issuance of building permits , along with the request for two-mile
subdivision jurisdiction, was present€d tott&he Board of Supervisors by the
Town Attorney. The Board turned this over/ the Planning Staff and Com-
mission for review, comments and recommendations .
322
MINUTES OF MAY 26 , 1971 MEETING.
Mayor Rollins called attention to the fact that the Council will
have to reappoint or give its advice and consent to appointments of seve-
ral officials of the Town at its first meeting in July, as well as re-
organizing at that time . He asked that the appointment of the necessary
officials be placed on the Agenda for that meeting . Also, an appointment
will have to be made to the Planning Commission from the Council, as well
as any other appointments the Code specifies .
Mayor Rollins asked what has happened on the Potter 's Field recom-
mendation. Councilman Murray said he understood that Commissioner Eakin
recommended that we write to Commissioner Fugate and he believed the
Highway Department 's portion entered into the whole picture . It was
decided that Mr. Ritter would write to obtain the necessary forms , or
whatever. it takes regarding this property.
The Mayor also asked about the water pressure situation in Country
Club Subdivision . Mr. Ritter says we are waiting on the pop-off valve,
which should be here any day - this should correct the situation.
Mayor Rollins also called attention to areas where the trenches
dug for installation of water and sewer lines in some subdivisions , par-
ticularly in Brandon and Prospect Hills , have become sunken. He be-
lieved that the contractors should notify the Town when they are going
to finish this installation so that the Town can be sure it has been
properly tamped. Mr. Ritter said we would have to run a density test
on each one of these trenches and we cannot have someone there all the
time - they could split this work over a period of several days . They
should not have to call someone each time they are going to do this work,
our Standards call for 100% density before they put the base on and these
contractors are all bonded. Councilman Wallace asked if we could run tests
before the base is put on. Mr. Ritter says it has to be done before the
subgrade is put on .
Mayor Rollins asked about the proposed concrete work . Mr. Ritter
said invitations to bid have been sent out, but we have heard from no-
one yet.
Councilman Hill publicly apologized to Councilman Murrayffor
questioning his usage of the word "titivating" at last meeting. He
said he looked up this word and it was used very properly, its meaning
being to clean up or to tidy up.
Mr. Hill also reported on the meeting of the committee on Ayr Street,
insofar as the new Hospital construction is concerned . He said they post-
poned some of their decisions until after the Board of Zoning Appeals
meeting, at which meeting the Hospital 's proposed plan was approved.
They propose a 30-foot access street that will go along the outer edge
by the parking lot and will hook into Ayr Street. The Committee felt
that, inasmuch as the Hospital will have to maintain this street and
there will be an access street to Ayr Street, they would have to go along
with this plan . Should they come through with a final plan that does
not show this , then the Committee would like to have another look at it.
Their problem is understandable , inasmuch as the reason they •bought this
land was because there would be no through street. He said this will not
be a through street to that extent, but it will be an access road to the
parking area . Mayor Rollins asked that the Town Manager make sure the
Hospital Road will be of the same nature and width as that going to the
main portion . Mr. Moody said this is the plan, there will be a transition
from our road along the median strip.
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Councilman Howard asked if Mr. Ritter has checked on any ._delinque�
water and sewer liens . Mr. Ritter reported that there are none.
On motion of Councilman Orr, seconded by Councilman Pumphrey, the
following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following appropriations be made :
$ 2 ,762 .50 - Pipe for Storm Sewer. Capital Outlay-Storm
Sewer Construction.
14,629.53 - Tri-County Asphalt Co. for Plant-Mix Surfacing.
21ix
323
MINUTES OF MAY 26 , 1971 MEETING. •
Mayor Rollins said there was a portion of South Street that had already
been resurfaced that was cut to put in new pipe . Mr . Moody said there
was only one portion where the new pavement was cut and this was resur-
faced. It was not planned to put in any new pipe at the time the resur-
facing was done . Mr. Ritter explained that, if we had not put the pipe
in, we would have to have raised the ditch about 2 feet - there was no
other practical way to do this . He did say it should have been done be-
fore the resurfacing was done, however .
Councilman Wallace asked about the VEPCO and C & P poles on Dry
Mill Road. Mr. Ritter said a study was made of this about a month ago
111 and the poles will be moved back about one foot .
The above resolution was then unanimously adopted.
On motion of Councilman Murray, seconded by Councilman Howard, the
following Ordinance was unanimously adopted :
BE IT ORDAINED by the Town Council of the Town of Leesburg,
that Sec . 2-2 - Deposit of Funds be repealed and deleted from
the Town. Code.
UC
O On motion of Councilman Howard, seconded by Councilman Orr, the fol-
lowing Ordinance was unanimously adopted:
BE IT ORDAINED bythe Town Council of the Town of Leesburg ,
that Sec . 13-141 of the Town Code be amended to read as fol-
lows :
"The amount of the license fee imposed or provided in Sec .
13-140 shall be $10 .00 for automobiles and trucks , and $3.00
for motorcycles . The licensEs shall be purchased from the of-
fice of the municipal treasurer. "
On motion of Councilman Orr, seconded by Councilman Howard, the
IIIfollowing resolution was offered :
III
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that permission be granted to Colonel A. H. Anger to place a
trailer belonging to Safeway Stores on private property at
the corner of Catoctin Circle and Fairfax Street for the pur-
pose of collecting and String old newspapers , and
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BE IT FURTHER RESOLVED, that this permission is granted on
- the condition that, if at such time the above operation be-
comes a nuisance , and the area is not kept in a neat, orderly
and safe condition, the operation will cease to function and
the trailer will be removed from the lot upon 30 days ' notice
from the Town of Leesburg, and
BE IT FURTHER RESOLVED, that a copy of this Resolution be
mailed to the owner of the lot and to Safeway Stores .
There was some discussion on this resolution, with Mr. Ritter stating
that they are trying to work out an arrangement with various civic clubs
and the Boy Scouts to man the trailer . The papers have to be wrapped
in bundles , and there will be no magazines . The junk dealer will pay
50 cents per 100 pounds , or $10.00 per ton. He said he really couldn 't
see too much money in it and there was further discussion as to whether
it was worth the trouble . - Councilman Howard said that Colonel Anger is
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doing this for removal of trash, as well as for benefit of the Hospital .
The '30-day notice" period was discussed and, on motion of Councilman
Wallace , seconded by Councilman Orr, this was amended to read "10 days '
notice" by a roll call vote of 4 to 3 , with Councilmen Howard and Pum-
phrey and Mayor Rollins voting against the amendment . The resolution,
as amended, was then adopted by a roll call vote of 6 to 1, with Mayor
Rollins voting against it .
3F gttx
324
MINUTES OF MAY 26 , 1971 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 authority be given for the conversion of the two flow
meters at the Sewer Plant to a 2 .0 mgd capacity, at an ap-
proximate cost of $510 .
A great deal of discussion on this resolution followed, with Councilman
Wallace pointing out that this was voted down 5 to 2 previously, with
the thought in mind that perhaps this could be charged back to the engi-
neers . However, Mr. Moody felt that the engineers were entitled to a
few mistakes, so it was left at that. Councilman Howard said that Mr.ty
Ritter was against the change at that time, however, he says he has
changed his mind due to the fact that our new Chief Operator at the Sewer
Plant recommends this change in order to help him keep better records.
It was explained that the existing chart goes up to 10 mgd and the reading
occupies only about 1/20th of the chart. The flow could vary considerably
and would not show on this chart . On a 2 mgd chart, it would occupy about
1/4th, which would give a wide variance in the reading of the meters . We
can ' t tell about peak flows , etc , with the present chart . Councilman Hill
pointed out that the meters are not working at the present time . Mr. Moody
said they have been repaired several times , but keep going out and they are
waiting now to hear from us regarding the change-over. The one at the
Control Building is working at the present time , but the one at the lift
station is not. These new meters would be bought from Goodman Company in
Baltimore and everything is on hand and ready to go as soon as we give
them our o.k. Mr. Moody explained that the 2 mgd meter is adequate and
we can measure the flow if it goes above the 2 million mark in the flume ,
but this happens very seldom. Accurate readings on the charts at all times
gives us better control over chlorine and helps all the way around. Coun-
cilman Hill asked what would happen when we double the capacity of the
Plant . Mr. Moody said we would then use the 10 mgd meters . Councilman
Wallace asked if we have had above 2 mgd since the Plant has been open .
Mr. Moody said only one time when we had a little above 3 mgd. The
resolution was then unanimously adopted.
On motion of Councilman Orr, seconded by Councilman Pumphrey, the
following resolution was offered :
WHEREAS, a bona fide offer of $5,600 was made on April 16 ,
1971 to Lucas D. Phillips, et al for 0 .70 acres of land needed
by the Town of Leesburg for a new street to be constructed be-
tween Market Street and Cornwall Street, and
WHEREAS , in its letter to the above property owners, the Town
specified a 30-day acceptance or refusal period from the date
of the letter, and
WHEREAS, the 30-day period expired on May 16 , 1971 and no ans-
wer having been received from the above owners,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg, that the Town Attorney be directed to proceed
with condemnation on the 0 . 7 acres of land to be acquired, as
shown on plat prepared by Walter Phillips .
Mayor Rollins read a letter from Mr.. R. Edwin Brown, one of the owners of
this property . The letter stated that this road would destroy the land
for residential use and he feels the Town is obligated to pay for down-
grading the remainder of the land, along with what it takes . He would
be willing to donate the land if the remainder of it could be reclassi-
fied to its highest and best use . Mr. Ritter said the road will not go
through the center of this land, it will be about one-third of the dis-
tance from the lower end. Mayor Rollins asked what progress Dewberry,
Nealon and Davis is making toward putting this out for bid. Mr. Ritter
said they will give us plans and metes and bounds description immediately
for Town Attorney Martin. Within two weeks , they will have construction
plans that can be used for condemnation proceedings . The resolution was
then unanimously adopted.
ARM
325
MINUTES OF MAY 26 , 1971 MEETING.
Mayor Rollins directed that the proposed Ordinance covering Pollu-
tion, etc . go to the Utility Committee before it comes to Council.
On motion of Councilman Pumphrey, seconded by Councilman Wallace ,
the following resolution was unanimously adopted:
WHEREAS, an election was held on May 4, 1971 for the purpose
of electing a Mayor and three (3) Councilmen, and
WHEREAS, Kenneth B . Rollins received the highest number of
votes to fill the office of Mayor, and Robert Orr, Dewey Hill
and Terry Titus received the highest number of votes to fill
the office of Councilmen,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg, that the attached ABSTRACT OF VOTES become
a part of the Minutes .
Mayor Rollins turned over for the Record four (4) Certificates by the
Secretary of the Electoral Board certifying to the election of the above
officials .
CD On motion of Councilman Orr, seconded by Councilman Murray, the
following resolution was offered for consideration :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that an appropriation be made in the amount of $ 100 ,000 to pay
English Construction Co. on Project S-I.
Councilman Howard asked about the penalty clause involved on this proj -
ect. He figured it would be about 11 months times $45 .00 a day, roughly.
Mr. Ritter said, even if we pay this $100,000, we would still have about
$30,000 left and he does not have as much as $10,000 worth of work yet
to be done . Mr. Moody said you would have to subtract the days he could
not work; also, 'this is not a final estimate, so we have not yet considered
the penalty . Also, he reminded you have to consider the $12,000 worth
of work he did on the Route 7 water line for the Town, as well as the
water line yet to be taken across Route 7 and the casing for the sewer
line at the Route 15 By-Pass , which would come to about $15 ,000 . He feels
it would be very difficult to take English to Court to collect liquidated
damages . Councilman Howard feels that something should be done about this .
Mr. Moody said that, if the State Water Control Board had penalized us ,
we would have no problem, but they have not penalized us . He said he has
a record of the days he could not work and he feels that it would not come
up to the money still held out . Councilman Hill believed the penalty is
justified and they should pay some of this , although he did not say this
is not a two-way street, however, he would like to know before we pay this
$100,000. Councilman Wallace asked how this would be computed. Mr.
Moody said it would be from October 31, 1969 to September 4, 1970, just
for those days he could not work. He said it might be wise to find out
how much money we are talking about before we do this . On motion of
Councilman Orr, seconded by Councilman Wallace , it was unanimously voted
to table this resolution until we find out how much the penalty would be .
On motion of Councilman Wallace , 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 be made in the amount of $28 . 50 to pay
J . R. L. Shumaker for preparing ballots for Town Election.
On motion of Councilman Howard, seconded by Councilman Pumphrey,
the following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that , after a hearing and review of the dismissal of former
Police Officers Lee Elder and Joe McDonald, the Town Coun-
cil is of the considered opinion that the Council lacks juris-
diction in this matter because of the Town of Leesburg 's Char-
- - ter Provision enacted by the General Assembly in 1962 , which
states that :
326
MINUTES OF MAY 26 , 1971 MEETING.
+ "All officers and employees of the municipality , as the council
shall determine are necessary for the proper administration of
the municipality, whether such officials or employees be state
or municipal , shall be appointed and may be removed by the
manager. "
Mayor Rollins asked the Town Manager to be certain that copies of this
resolution are sent to the Attorneys, as well as the individuals involved.
•
On motion of Councilman Howard, seconded by Councilman Orr, the - 111
meeting was adjourned at 8 :25 P.M.
III
°K----
4. '°ELS
, ' ,E e_.-1 Mayo
/I r
Clerk ofhe Council
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