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HomeMy Public PortalAbout1971_07_28 - k Ir: MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 28, 1971 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street , Leesburg , Virginia , on July 28, 1971 at 7 :30 P.M. The meeting was called to order with a prayer by the Mayor. Those present were : Mayor Kenneth B . Rollins, Councilmen G. Dewey Hill , Walter F . Murray, Robert A. Orr, John W. Pumphrey , CeTerry Titus and John A. Wallace , Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin . Mayor Rollins corrected the Minutes of the meeting of July 14, 1971 on Page 3, second paragraph to read as follows : "Mayor Rollins asked Mrs . Carr if it is her position that any developer should pay for the amount of water that flows from his property through adjoining property. " The Minutes , as corrected, were then approved. Town Manager Ritter reported the following : (1) He feels that we should make every effort to get ready for the sale of the 1.5 million dollars in bonds . There is a lot of ground work to be done - we have to go through the State Treasurer 's Office, a bond payment schedule must be prepared, as well as a brochure , and there is information needed through Reed, Hoyt , Washburn & McCarthy, our bonding CD attorneys , along with a legal opinion . Also, it may be necessary to get r another Moody rating. G1. (2) He explained that the proposed change in the Ordinance relating G1 to solicitors merely changes the worcWTown Clerk" to "Police Clerk, " thereby placing the issuance of these Certificates in the hands of the Police , who handle all other matters relating to such :certificates and their revocation. (3) The Board of Supervisors took such action some time ago as to indicate that they will share one-third of theaeward on the land needed for the Hospital Road. He quoted an excerpt from the Minutes of the Board of Supervisors and said it looked somewhat ambiguous to him . Therefore , tie asked Larry Brown to get clarification on this from the Board at its meeting yesterday. Mr. Brown failed to do this , however, he fess that the Board has committed itself to one-third, regardless of the amount of the award. He said he would talk with Mr . Huntington Harris about this and find out just what his intentions were when he made this motion and would let the Town know. (4) Carroll Concrete Company started today on pouring sidewalks . They poured the ones in Monroe Manor and most of the one in front of Safe- way . They are preparing to do the ones in Prospect Hills and the Town is removing the one in-:front of the Methodist Church . He thinks they are doing a very good job aid added that we have had nearly full-time inspec- tion up to this point . (5) The Bank balances are in better shape at this time , with the General Fund having $39, 963 .00 ; the Utility Fund $42 , 967 .00, the Bond Issue Fund $62 , 964 and the Airport Fund $4 ,074 . Councilman Titus asked Town Attorney Martin if he has found any in- formation on the Ordinance to control the removal of mud dropped on the streets . Mr. Martin said he had pointed out the State Statute to Mr. Ritter and that he believes it to be a very unenforceable ordinance, par- ticularly due to the fact that it would be difficult to know who to charge in such a case . Councilman Murray said he knows the State troopers make people clean up the road and he feels sure they must have some statute to go by . Chief Kirk offered to get the State Statute and bring it before Council. Councilman Titus also asked if any advertising has been done yet for a Director of Public Works . Mr. Ritter said "Not yet . " He asked that the Street Committee consider two names that he has . Councilman Titus asked if there has been any notification to the public about trash collection. He was informed that a notice will appear in this week ' s Times-Mirror. ® - MINUTES OF JULY 28 , 1971 MEETING. Councilman Pumphrey asked about the STOP sign at the intersection of Church and Cornwall Streets . Mr. Ritter said it will be changed. Mayor Rollins reminded Council of the joint meeting to be held with the Planning Commission on Thursday, August 5th, when a representative from Greenhorne & O 'Mara will be present to explain progress on the Town ' s Master Plan . Mayor Rollins stated that he had never been as disturbed in his tenure of office as he has been in the past week over two facts . One was the job done by the concrete contractors , and the other was the work done at Southern States . This matter was taken up by the Street Committee at length and he hopes it has been taken care of. He emphatically stated that he does not want any sidewalk in this Town constructed, or any curl and gutter, or any sewer line constructed until the plans have first been approved by the Town . If this should be done, legal action will certainly be proposed. He thinks it an inexcusable matter for the Town not to first approve any such project without first checking the grade and he believes we have sufficient personnel to do this . He believes it a disgrace the way this work was performed. Along these same lines , he complimented the way it has now been done . This seems very satisfactory now and the job was supervised as it should have been all the time. Mr. Lee Phillips presented "Plan C" on the Leesburg Mobile Park for Mr. Perkins , owner. This plan shows the revisions proposed by Mr. Perkins , with particular attention drawn to the play space proposed in lieu of that formerly approved by the Town . Mr. Phillips pointed out that Mr. Perkins has made a lot of improvements in the Trailer Park, taking out all over- head power lines and putting them underground, putting in concrete patios and concrete base on the street. This revision shows 40 units on the east side of South Street, in lieu of the original 53 proposed, and an additional 4 units on the other side of the park , making a total of 80 units altogether, as opposed to the original 93 . It also proposes the use of the area now used as playground space „with a fence 42 inches high across the street side of it , which would keep balls , etc . from going out into the street . The resulting density of play space works out to around 150 feet per unit . Mr. Phillips also pointed out that there has been very little turnover in the families located in the Trailer Park, with there being only two families who have moved in the past year, those being military families . This plat was discussed and various questions asked, both of Mr. Phillips and Mr. Perkins , and, on motion of Councilman Wallace , seconded by Councilman Orr, Council voted unanimously that this Plan C, as presented, be accepted and approved by the Town and made a part of this record. Councilman Hill suggested that a "Playground" sign be put up in this area . I Town Attorney George Martin presented a -proposed Agreement between the Town and the owners of the land needed for the Hospital Road, stating that Mr. Brown, one of the owners , wants an independent appraisal. He said he told them we are very anxious to get on the land and put the dirt from the Hospital construction there to stockpile it until we are ready for it . Mr. Ritter questioned the phrase "to stock and place on the area , ' which could mean any place on the lot . However, the area above the tent which is there at the present time is not large enough and, when it rains , it would wash into the tent . The tent will be there for six weeks . Mayor Rollins interjected that he believed there should be an Ordinance proposed to pre- vent this type of thing without a permit . Councilman Orr said the Hospital offered to move the dirt to wherever the Town wants it. Councilman Titus asked the status of the suit, if it has been filed yet. Mr. Martin said it has not - if Mr. Brown has an appraisal in his hand, there is a chance that we might be able to buy the land. If he says No to this , then we will go ahead with the suit . Mr. Ritter said he would like to stock this dirt just west of the right-of-way since the storm sewer and sani- tary sewer have to be put in first . He asked Colonel Valentine about putting it on the Hospital land temporarily / and he said he would ask the contractor. It would mean a longer haul though. Councilman Wallace said the door has not yet been shut on some kind of rgEpp 1 ma there either. ggl��gi E �Estgtjaht be some sort of Medical Centerrin this location-by This was discussed, with Mr. Forbes stating that the Board of Zoning Appeals could not do this because it would be amending the Ordinance. hmosarex4xtxx EExiithexaxBpEE±aixExXEptimmx This would be an office building and it is prohibited except in a commercial area . Mayor Rollins said he believes the dirt can be put on the land without any agreement . All they could do would be to sue the Town and there would be no damages . Councilman Titus said he would like to see something done about the sign at the tent, which is against the Ordinance . It was removed one time and put back again just inside the tent . , xx 11 MINUTES OF JULY 28, 1971 MEETING. Clerk of Council : Dorothy B. Rosen Term of Office : Indefinite Salary: $6 ,500 Clerk of Police Court : Margaret G. Buchanan Term of Office : Indefinite Salary : $5 ,500 Town Attorney : George M. Martin Term of Office : Indefinite Salary : $2 , 500 Issuing Justice: Clagett H . Moxley Term of Office: Indefinite Compensation: The said Issuing Justice shall retain the fees for performing the services of an Issuing Justice in the same amount as is permitted under Town resolution, but shall render an accounting thereof to the Auditor-Treasurer semi-annually. Mayor Pro-Tem: Robert A. Orr Term of Office : 2 years gar G Salary: None Fire Marshal : David M. McDonald Term of Office : Concurrent with that of the Council 6 Salary : $450 Zoning Administrator: Robert C. Forbes Term of Office : 2 years Salary : $10,000 .00 On motion of Councilman Murray, seconded by Councilman Titus, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to contact the State Treas- urer 's Office and Reed, Hoyt , Washburn & McCarthy relative to the sale of the $1 . 5 million Bonds . Mr. Ritter said the repayment schedule is generally done by a consulting engineer . He said we need a financial statement as to our proposed ex- penditures and income during$ the life of the bonds , including operations . Johnson and Williams did thigYthe last bond issue . Mayor Rollins said he does not think the Town should start making payments on this for at least - five to six years . It was also brought out that there is a reference in the Referendum that it could be as much as 30 years . Mr. Ritter is to con- : tact Johnson and Williams about preparing this repayment schedule. On motion of Councilman Pumphrey, seconded by Councilman Orr, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that an appropriation be made in the amount of $760 to Police Personnel to compensate "Special Officer" to handle traffic for the remaining fiscal year. Chief Kirk said he believes this is the best way we can handle the traffic at this time and he is satisfied with the officer performing this job. Councilman Wallace did not believe this to be the best way and still stresse the importance of a light at Catoctin Circle and Route 7 . Council then went into lengthy discussion of the traffic problems on Route 7 and how they might best be handled, as well as the four-laning of this road in the future Mayor Rollins stressed that now is the time to borrow the money to do this if the Town wishes it . The above resolution was then unanimously adopted. A general discussion was held regarding the widening of the street and the construction of the sidewalk in front of the new Town Houses on Dry Mill Road, with no action being taken . x. xrcx x..x.. x 12 MINUTES OF JULY 28 , 1971 MEETING . . On motion of Councilman Orr, ' seconded by Councilman Wallace, the following Ordinance was unanimously adopted: BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec . 15-47 of the Town Code be amended to change the words "Town Clerk" to "Police Clerk. " Sec . 15-47 . Solicitors , peddlers , etc . --Soliciting orders for the sale of goods uninvited and without permit . Registration required. ) It shall be unlawful for any I person to engage in business as a canvasser or solicitor, calling at residences without the previous consent of the occupant for the purpose of soliciting orders , sales , sub- scriptions , or business of any kind, or seeking for infor- mation or donations without having first registered in the Office of the Police Clerk. The registrant must give his complete identification, his signature, the name of his em9 . ployer, the nature of the products or services in which he is interested, the names of the manufacturers of such prod- ucts , or the organization which he is representing ; the pro- posed method of operating in the municipality and the license number of any vehicle operated in said business . The request from the Chamber of Commerce for the Town to share in the cost of air conditioning the Museum was again discussed. Councilman Wallace reported that the Finance Committee discussed this matter again, with the possibility of taking it out of the Contingency Fund, but it was felt that it could not be done this year.- Councilman Murray said he would be willing for the Town to reimburse the Chamber •for one-third of this cost in next year ' s Budget and asked if this could be done by a gentleman 's agreement , to which the Mayor replied "No. " Councilman Hill also felt that some provision::should be made for this out of next year ' s Budget . Councilman Hill nominated Councilman Wallace to serve on the Plan ning Commission from the Town Council. On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that John A. Wallace , Jr. be and the same is hereby appointed as Councilmanic member to the Leesburg Planning Commission for a term to be coextensive with his term of office as Councilman. Councilman Murray said that the Northern Virginia Regional Planning Dis- trict Commission permits an alternate who can serve in full capacity for not more than two successive meetings and, on motion of Councilman Murray , seconded by Councilman Pumphrey , Council voted unanimously that Councilman John A. Wallace , Jr. be appointed as the alternate member of the Northern Virginia Regional Planning District Commission. Mayor Rollins announced that Councilman Wallace has been selected as Chairman of the Laws and Administration and Finance Committees , with such meetings to be held on Tuesdays following Council meeting at 4 :00 P.M. Councilman Pumphrey has been selected as Chairman of the Utility and Street Committees , said Committees to meet on Mondays following Council meeting at 4:00 P.M. M'r• . Moody reported that there had been an Amendment to the Con- tract for professional engineering services of Henningson, Durham and Richardson on the Master Plan for the Airport . It was explained that hourl; rates had been changed to a more reasonable figure and , also, ar"flow chart' is to be included in the study . On motion of Councilman Orr, seconded by Councilman Murray, .new Pages 7 and 8 marked "Revised by Amendment dated 21 July 1971" will be substituted for the existing Pages 7 and 8 in the Contract, and the Mayor was authorized to sign same . There being no further business , the meeting was adjourned at 9 :15 P.M Sr-lail tal /� /4 a o / Mayor Clerk of e Council • x. k xx xixxx 9 MINUTES OF JULY 28 , 1971 MEETING. On motion of Councilman Orr, seconded by Councilman Wallace, the for; lowing agreement was unanimously accepted and the Mayor empowered to sign it THIS AGREEMENT, made and entered into this 27th day of July, 1971 , by and between the TOWN OF LEESBURG, VIRGINIA, a munici- pal corporation, Party of the First Part , and LUCAS D. PHILLIPS, WILLIAM R. ALTIZER and R. EDWIN BROWN, Parties of the Second Part ; W I T NES S ETH : WHEREAS , the Town of Leesburg has decided to acquire a certain tract or parcel of land for the construction of a street be- tween Cornwall and Market Street in the Town of Leesburg, Vir- ginia ; and WHEREAS, said parcel of land containing 0. 6888 acre is a por- tion of the land owned by the Parties of the Second Part, and is more specifically described on the plats attached hereto made by Walter L . Phillips , C.L.S . and Dewberry, Nealon & Davis , Engi- neers , and WHEREAS, the Council has instructed the Town Attorney to file a Petition seeking acquisition by condemnation ; and A WHEREAS , the parties hereto have renewed negotiations and the Parties of the Second Part wish to obtain an appraisal of the tract or parcel of land ; and WHEREAS , the Town had instructed the Attorney for the Town to apply to the Court for early entry ; and WHEREAS , the parties hereto agree that certain actions can be accomplished prior to the filing of the Petition. THIS AGREEMENT THEN WITNESSETH : That the Parties of the Second Part agree that the Party of the First Part may enter upon the said parcel or tract of land to commence construction of the road immediately upon execution of this Agreement ; and the Party of the First Part may specifically commence to store and place on the area the earth excavations from the construction of the new hospital . The Party of the First Part agrees that execution of this Agree- ment shall not in any way prejudice the Parties of the Second Part in their defense of any condemnation suit filed by the Town and that the Party of the First Part will pay the condemnation award subject , however, to its rights of appeal therefrom and will be subject to all the provisions of the Code of Virginia relating to early entry as if the Town had formally obtained an order of early entry . The Parties of the Second Part agree to waive service of the no- tice required to be served reserving the right to have a reason- able time to file any and all pleadings in opposition thereto and to contest the award to the appellate level . WITNESS the following signatures and seals : TOWN OF LEESBURG, VIRGINIA, a municipal corporation By ( S E A L ) Mayor ATTEST: Clerk of the Council xq cx x._x_ x 10 MINUTES OF JULY 28, 1971 MEETING. (SEAL) Lucas D. Phillips (SEAL) William R. Altizer (SEAL) g R. Edwin Brown • • It was understood that this Agreement would be signed on behalf of the Town, provided it is signed by the Parties of the Second Part . Mayor Rollins asked when we can expect to put the plans out for bia. Mr. Moody said the plans are practically ready and Mr. Blackwell will be here in the morning and should have them with him. Mr. Ritter said we are talking about a lot of money , with no help as to the Hospital 's contribu- tion. They figure this to be about $70 ,000, plus the charges, for connec- tions , etc . Mayor Rollins asked the Finance Committee to discuss the fi- nancing of this project . General Obligation bonds for this purpose were discussed. Councilman Titus asked how far along they might be by the lsG.. of November . Mr. Ritter said one line has to be put in at a time and they would never get the road in by winter. He also said it would be a good idea to put this all out under one bid in order to coordinate the sanitary and stonm sewer lines . He said there has been no discussion about how much the Hospital will have to pay , they want one total figure for everything The plans will have to be reviewed after we receive them. Mr. Moody said the approximate estimate for everything is about $250,000 - the storm sewer, the sanitary sewer and the street, with the largest item being the AgnOWRsewer, 0taennsfa0amaste cost kiflA7xbO to};acktgrk u $ a tO �i�1� 2ee�nsa S��#�t�as��miRgks z$ fix$ ����PsItt44 s �333x t�� �x 4! rr. toddy said he did not believe they have considered this . On motion of Councilman Wallace, seconded by Councilman Titus , the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the attached list of 1965 real estate taxes that were un- paid on June 30, 1971 , in the amount-,of $389.00, be written off and that the Town Treasurer be credited with this amount. Councilman Wallace asked if these will be filed as liens against the prop- erty . Mr. Ritter said this was authorized by the Town Council about a year ago and this will be done. Mr. Wallace moved to amend this resolution by adding "and that the Town Manager be instructed to file proper liens for the above-referenced taxes . " This motion was seconded bydCouncilman . Murray and unanimously adopted. The resolution, as amended, was then* unanimously adopted. Councilman Titus read Section 33 . 1-350 from the State Code, which had been brought from the office to the meeting by Chief Kirk, regarding the removal of mud from the highways . This was discussed briefly and referred to the Laws and Administration Committee . On motion of Councilman Murray, seconded by Councilman Pumphrey, the following appointments were made , to be effective as of July 1, 1971 : Town Manager: James W. Ritter, Jr. Term of Office : Indefinite Salary: $15 ,000 per year Police Justice : Kenneth B. Rollins Term of Office : 2 years Salary : $1,200 .00 Substitute Police Justice : Robert W. Ahrens Term of Office : 2 years Salary : $25 .00 per session 1965 R. E. Taxes Unpaid Close June 30, 1971 Tax Pen. Total Broom, Hayward & Rachel $14.40 .72 $15.12 Ford, Cleo et als 3.60 .18 3.78 Hughes, Martha 21.12 1.06 ' 22.18 Jackson, Beatrice 14.14 .89 15.03 Kulzer, J. P. 192. 00 9.60 201.60 Phillips, L. J. 36.24 1.81 38.05 Roberts, Edward 24.00 1.20 25.20 Steadman, Donald C. 37.20 1.86 39.06 Stewart, Fairall G. 8.40 .42 8.82 Trammell, Thomas W. & Mary L. 19.20 .96 20.16 • $389.00 •