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HomeMy Public PortalAbout1972_12_13 235- MINUTES OF REGULAR MEETING OF' LEESBURG TOWN- COUNCIL, DECEMBER 13 , 1972 . A regular meeting of the Leesburg Town Councilwas held in the Council Chambers ,, 10 West Loudoun' Street; Leesburg, Virginia, on De- cember 13 , 1972 at 7 :30 P.M. The meeting was called to order by Mayor Pro-Tem Robert A. Orr in the temporary absence of the Mayor, with Coun- cilman Walter F. Murray offering the prayer. Those present were : Mayor Kenneth B. Rollins , Councilmen G. Dewey Hill , Walter F . Murray, Robert A. Orr, John W. Pumphrey, C. Terry Titus and John A. Wallace, Jr. ; also Town Manager James W . Ritter, Jr. and Town Attorney George M. Martin. The Minutes of the Special Meeting of November 13th were approved as written. Town Manager Ritter reported as follows : • (1) He expressed his gratitude to the office organization for a good job while he was out ill and stated that he was glad to be back. (2) He received a call from C & P Telephone Company concerning the sidewalk on S. King Street where they have been working. This is the old stone- curb, which' is in very bad condition and should be re- VP placed, howevex we cannot ask them to do this work, although they will Q replace the sidewalk where they have damaged it . This work should be done right away, in conjunction with the sidewalk. It would cost ap- :Z. proximately $1, 125 .00. a . (3) The Northern Virginia Planning District Commission has noti- fied us that we are eligible to have a representative on the Criminal Justice Advisory Council. They meet on December 28th to confirm such appointments, so action should be taken tonight to appoint a member to this Council. (4) He explained some of the items on the Agenda for appropria- tion, with particular attention to the $13 , 132.00 to Henningson, Durham & Richardson, Inc. The Federal Government is to pay two-thirds of the cost of this project, in accordance with the Planning Grant Agreement entered into by the Town with FAA sometime ago, therefore; the- Town is responsible for only $5 ,000 of this amount. The engineers will be in- structed to go ahead with the application- to the Federal Government for the Grant Funds , the estimated cost of the entire Master Plan estimated to besaround $30,000. (5) The appropriation for the Police. Car is more than was budgeted. The car has gone up each year. This check must be delivered when• we go to pick up the car. (6) On the purchase of the mobile two-way radio and four walkie- talkies, we have authority from the State Division of Justice and Crime Prevention - they will pay three-quarters of the cost. However, there should be included three outside speakers, estimated to cost approxi- mately $195 , therefore , the entire equipment will cost the Town around $1,400. (6) Dick Wright has agreed to the provisions outlined for approv- al of water and sewer extension for the Motel. • (7) The two- resolutions for the Highway Department certify that the Town will pay 15% of the cost of the rights-of-way for the two Ur- ban Projects on Rt. 7 . • (8) We have received our Revenue Sharing Check in the amount of $42,677 for the first six months of 1972 . This will have to be in a separate account, or it can be invested. He recommended that we invest it. • (9) ' VEPOO liar increased the voltage on 28 street lights on West Market Street. ' Most of theselights were 2500 lumen and have been in- creased to 11,000 lumen . (10) A meeting was held one night last week with Mr. DeMik con- cerning a water tank site. Attending were Mr. Pumphrey; Mr. Hill , Mr. John R. Williams, Mr. DeMik and a Mr. Harrison; Trustee for the property, and Mr. Ritter. It is believed that the meeting was fruitful. Although Mr. DeMik does not want the tank on his property, he realizes that the Town can secure the site. He said he would write a letter, but it has not yet been received. 236 MINUTES OF DECEMBER 13, 1972 MEETING. - They also met with Mrs . Carr earlier in the day and told her they were meeting with Mr. DeMik. She wanted to see pictures of tanks, which have been" furnished, and she will let us know something in a couple of weeks . (11) A questionnaire was sent out recently with the water bills , asking residents to reply as to whether or not' they have connections entering the sanitary sewer system. We received responses on about 467 of these questionnaires , with' the final total showing 173 properties having some sort of infiltration going into the system. This will be followed up when we get a chance to see what can be done . (12) In connection with the Airport Master Plan Study, this has been approved by the FAA and it is now up to the Town to approve it. He suggested a special meeting with a representative from Henningson, Durham & Richardson and Lucien Rawls sometime in January to discuss the • entire report. Mayor Rollins asked if a resolution would be necessary concerning disposition of the Revenue Sharing check. Mr . Ritter said he would think so. Mayor Rollins asked the Finance Committee to prepare a resolution for the next meeting . Councilman Hill offered congratulations to Mayor Rollins on his out=; standing victory for the House of Delegates and- wished him happiness and":- success in his new venture. All other Council members echoed these con= : -- gratulations and best wishes . Mayor Rollins replied that he started his political career here and expressed his appreciation to the people of Leesburg for their overwhelming support. Councilman Wallace suggested that Item 5 on the Agenda concerning the change in the price of Town tags should be• "effective March 15, 1973 . " Councilman Titus reported that the Planning Commission has discussed what they will derive from the Comprehensive Plan and its proposed schedule. Mr . Payne is evaluating the economic factor and hopes to have the' Land Use Plan ready by June , the Zoning and Subdivision Ordi- nances amended by August, the Capital Improvement Plan by October and the Final Plan by next December. He said he had hoped this would be done a little sooner, but it does not appear that this can be done . Also, Councilman Titus Reported that the Utility Committee has dis- cussed with a representative73effrey' Sneider Company the stand tank to be erected on the Wright property. A portion of this land has to be dedicated to the Town for this stand tank, therefore, they are very anxious to know the size the tank is to be- so that it can go on their plans. • Mr. David Weiss and Mr. Jerome Kaplan appeared before Council, seeking a one-year entension on their Performance Bond for public im- provements in Virginia Knolls , Section 3 . Weather conditions have pre- vented this work from being completed, hence the request for extension of time . Mr. Ritter reported that he- has discussed this with the Town Attorney, who says there should be a formal agreement to extend the Bond for the additional year, executed by a responsible insurance company. Mr. Kaplan argued that the Bond has no time limit. - it is until the Town is satisfied. However, Town Attorney George Martin said the Agreement with the Town is for one year, so the Bond is in default now. Councilman Titus suggested that this be taken up by the Utility Committee and Mayor Rollins referred this matter to said Committee , to be taken, up at its next meeting on December 18th at 4 :00 P.M. Senator Charles Waddell congratulated Mayor Rollins on his victor and offered any assistance, if needed. He introduced Mr. Mel Carlton, a member of the Loudoun County High School SCA. Mr. Waddell said he had sponsored a Senate joint resolution that directed the Department of Highways , where necessary, to erect appropriate directional signs to high schools . He received a letter from Commissioner Fugate and Traffic Engineer J. P. Mills , stating that,.since Leesburg maintains its own streets , such a request would have to be generated by the Town, with the Highway Department reimbursing the Town for erection of such signs. 23 MINUTES OF DECEMBER 13 , 1972 MEETING. - Mel Carlton saidhe had been appointed chairman of a committee to get signs to the Loudoun County High School. Most of the high schools he has visited have such signs and they are a great help in locating the school for various functions . On motion of Councilman Murray, seconded by Councilman Orr, and there being no objection to considering this mat- ter tonight, the following was unanimously adopted : • That a letter be addressed to the Virginia Department of High- ways, requesting that appropriate directional signs be erected, directing individuals .to the Loudoun County HighhSchool. On motion of Councilman Wallace, seconded by Councilman Hill, the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made: $ 151. 20 - Plan Holder Cabinet for Engineering Dept. - Plan Hold Corporation. General Fund - Capital - Outlay. 8,630.00 - Perry Engineering Invoice #10-72-202-C - Hos- pital Project. 1971 Bond Issue . w 404.01 - The. Bond Buyer - Printing Notice of Sale . 1971 Bond Issue , to be reimbursed from 1.5 Million Dollar Bond Sale . 53.55 - Loudoun Times-Mirror -. Printing Notice of Sale. 1971 Bond Issue , to be reimbursed. from 1. 5 Mil- lion Dollar Bond Sale . • 11.00 - George M. Martin - Reimbursement for recording Deed from Reproco to Town. 1971 Bond Issue . ' 13 , 132.00 - Henningson, Durham & Richardson, Inc . - Engi- neering services , Phase I, Airport Plan - Air- . port Fund. 345 .00 - Dewberry, Nealon & Davis Invoice #6437 - Storm Sewer Design - Ayr Street to Hospital Storm Sewer. 1971 Bond Issue . 991.24 - Dewberry, Nealon & Davis Invoice #6436 - Wirt Street Storm Survey, Design & Stakeout - 1971 Bond Issue . 6,794.27 - Dewberry, Nealon & Davis Invoice #32762 - Road Design - Market Street and Catoctin Circle. 1971 Bond Issue . 218.50 - Dewberry, Nealon & Davis Invoice #6441 - Sanitary Sewer Easement Plat - W. Market Street. 1971 Bond Issue . 914.55 - Dewberry, Nealon & Davis Invoice #6440 - Storm Sewer . Easement Plat Revisions - Fisher-Bishop. 1971 Bond Issue. Councilman Titus raised several questions regarding the $13 ,132.00 ap- propriation for Phase I of the Airport Plan, feeling that this report is worth practically nothing since the data therein is not only old, but came from other jurisdictions . Councilman Wallace believed the Master Plan for the Airport should be followed through, feeling that the Airport should attract industry, but this cannot be done without the Mas- ter Plan. He believed an Airport Commission should be set up as an arm of the Council, to be done now, while the Airport is in the initial stage of planning. Mr. Titus agreed with this . Mr. Wallace also pointed out that 75 per cent of this Plan is to be paid for by Federal Grant, with the State and local government each taking the other 25% , thereby leav- ing the Town with only 12fl to pay . Mr. Titus did not believe that we would get this 121%. 238 MINUTES OF DECEMBER 13 , 1972 MEETING. Councilman Titus also believed that the $99L:24.:, appropriation for the Wirt Street Storm Sewer Survey, Design and Stakeout is too high for just one structure . Mr. Chaves pointed out that this project will cost approximately $10,000, but agreed that the proposed appropriation seemed a little high. Mr. Ritter said we have already paid $322 .50 on this job and, by the time the easement is secured, it will probably cost about $1,500, which would be 15 per cent of the cost of the project. Dewberry, Nealon and Davis says this- job is almost complete, with -the • exception of securing the easement plats, then it would be ready to go out for bids . There was further discussion about this and other pro- posed appropriations to Dewberry, Nealon & Davis , with Councilman Titu feeling that all of them should be referred to the Street Committee. Mr. Ritter said he had talked with Mr. Blackwell recently and explaine in detail just what these bills represented. On motion of Councilman Titus , seconded by Councilman Orr, Council voted unanimously to delete the item of $991. 24. The resolution, as amended, was then unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Wallace, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that authority be given to purchase a 1973 model Police Car through the State Purchasing Agent, and that an appropria- J . tion' be made in the amount of $3 ,450 .20. Mr. Ritter explained that they are going to try a car this time with less power, believing that the ones we have been getting are too power- ful for low-speed driving .- He also reported that our. two-way radio is now in service. He a avcpointed. out that the Superintendent of the Utility Department hgE to carry with him all the tools and tries to anticipate what theywillneed when he lets them out on a job. This truck with the tools should be left on the job for the men, therefore, the Superintendent really needs a truck to ride in to oversee the various jobs and to keep in communication with his men. On- motion of Councilman Wallace , seconded by Councilman Orr, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council. of the Town of Leesburg , that authority be given to purchase one (1) mobile 2-way radio, four (4) walkie-talkies and. three (3) outside speakers , in ac- cordance with Grant application approval, whereby Federal Govern- ment will pay 75% of the cost. Estimated cost to Town - $1,400, approximately. On motion of Councilman Pumphrey, seconded by Councilman Wallace, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that application for water and sewer extension by John Wright toserveMr . Wright 's Motel be approved, subject to the fol- lowing : (a) Payment of Availability Charges on Water and Sewer. (b). Payment of Water and Sewer Connections . (c) Submission of Deeds of Easement and Plats on Sewer and Water Line Extension to Motel Building . On motion of Councilman Wallace, seconded by Councilman Murray, the following Ordinance was unanimously adopted: BENT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 13-141 of the Town Code be amended, changing the amount of the Town tags on motor vehicles from. $10 to $15, effective March. 15 , 1973 . . 239 MINUTES OF DECEMBER 13 , 1972 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 Johnson and Williams be authorized to proceed with a Water and Sewer Availability Charge Study, in accordance with their letter of November 17 , 1972 , at a fee of $1,000. a flat charge. to "fixture unit" Councilman Titus questioned whether the Committee felt that the schedule should be changed from/kfzxtErexmmiiktoxaxfiatxchargex Mr. Ritter said there is more income from this charge on a fixture unit" basis . On motion of Councilman Titus , seconded by Councilman Hill , the resolution . was amended to add the following : "and that this study incorporate into it the "fixture unit" schedule , as supplied by the Town. ? This . amendment was unanimously adopted and the resolution, as amended, also unanimously adopted. On motion of Councilman Titus , seconded kCouncilman ,Pumphrey, the following resolution was unanimously adoptedaWEome explanation by Mr. Courson of Springfield Associates as to the reasons involved and also VP explanation by Mr. Forbes of the procedure to be followed: O BE IT RESOLVED by the Town Council of the Town of Leesburg, :z. that the plat prepared by Springfield Survey, dated 10/18/72, a. entitled RESUBDIVISION OF LOTS 10, 11, 12 AND 13 , AND VACATION AND DEDICATION OF A PORTION OF VALLEY VIEW AVENUE, SEC. 2-A, CRESTWOOD HAMLET, be and the same is hereby approved for recordation, and BE IT FURTHER RESOLVED, that the Clerk of the Council be and she is hereby authorized and directed to affix her signature to said plat as evidence of this approval. On motion of Councilman Orr, seconded by Councilman Titus , the fol- lowing resolutions were unanimously adopted: (1) WHEREAS, Section 33 . 1-89 of the Code of Virginia, as . amended by the 1970 session of the General Assembly, author- izes the State Highway Commissioner to acquire rights of way for the construction, reconstruction, alteration, maintenance and repair of public highways within municipalities on proj - ects which are constructed with State or Federal participation; and WHEREAS, Section 33. 1-89, as amended, further provides that the State Highway Commissioner may exercise such authori- ty only upon receipt of official request from the city or town involved, now THEREFORE, BE IT RESOLVED, that the Town/City Council of Town of Leesburg hereby requests the State Highway Commissioner to acquire the necessary rights of way for Project 0007-253-101, PE-101, RW-201, C-501 within, the Corporate Limits of said Town/ City and guarantees to reimburse the State Highway Department for fifteen .percent (15%) of all costs incurred in the acquisi- tion of such rights of way, and it is understood that such ac- quisitions will be handled by the Commissionerunder established policies and procedures ; and his decision in all instances shall be final. : ' Town Council of Leesburg By Mayor Attest': , 19 Clerk 240 MINUTES OF DECEMBER 13 , 1972 MEETING. - (2) WHEREAS, Section 33 . 1-89 of the Code of Virginia , as amended by the 1970 session of the General Assembly, author- izes the State Highway Commissioner to acquire rights of way for the construction, reconstruction, alteration, maintenance and repair of public highways within municipalities on proj - ects which are constructed with State or Federal participation ; and WHEREAS, Section 33 . 1-89, as amended, further provides that the State Highway Commissioner may exercise such authori- ty- only upon receipt of official request from the city or • town involved, now THEREFORE,, BE IT RESOLVED, that the Town/City Council of - Town of Leesburg hereby requests the State Highway Commissioner to acquire the necessary rights of way for Project 0007-253-102 , PE101, RW-201, C-501 within the Corporate- Limits of said Town/ City and guarantees to reimburse the State Highway Department for fifteen percent (15%) of all costs incurred in the acquisi- - tion of such rights of way, and it is understood that such acqui- sitions will be handled by the Commissioner under established policies and procedures ; and his decision in all instances shall - be final. Town Council of Leesburg • By Mayor - Attest : 19 Clerk On motion of Councilman Titus , seconded by Councilman Orr, the following resolution was offered : • WHEREAS, C & P Telephone Co. has damaged the existing sidewalk on the east side of King Street, between the old W. & 0.D. right-of-way and Monroe Street, during installation of under- ground cable , and WHEREAS, C & P has agreed to build a concrete sidewalk in its place, and WHEREAS, the old stone curb is -in such condition that it should be replaced, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to proceed im- mediately with the award of a contract to construct a concrete . curb and gutter at this location, at an approximate cost of $1, 125 .00. • Mayor Rollins objected since this was a brick sidewalk, feeling that it should be replaced with brick in mortar, however, after some discussion, it was the general consensus of Council that cement would be better in this location. Mr. Ritter said there was not enough time to put this out for bids , and he would try to get Carroll Concrete Co. to do this work. The resolution was then unanimously adopted: - On motion of Councilman Murray, seconded by Councilman Hill, the following resolution was unanimously adopted: WHEREAS , the Northern Virginia Planning District Commission has notified the Town of Leesburg that the Town is entitled to a representative on the Criminal Justice Advisory Council, and WHEREAS, such appointment should be made immediately so that confirmation can be made by Northern Virginia Planning District Commission at its regular monthly meeting on December 28, 211 1 MINUTES OF DECEMBER 13 , 1972 MEETING. - - NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that James M. Kidwell, Acting Chief of Police, be appointed as a Leesburg representative on the Criminal Justice Advisory Council for a term of two years. Mayor Rollins asked that the Town Manager make an appointment of a Chief- of Police by the next session of Council. - On motion of Councilman Orr, seconded by Councilman Murray, and there being no further business , the meeting was adjourned at 9:05 P.M. r / Mayor /2-,- Clerk ,e/ AC/ %IJ Council Q O .. —: • 1