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HomeMy Public PortalAbout1976_09_22 109 . MINUTES OF REGULAR MEETING •OF LEESBURG TOWN COUNCIL, SEPTEMBER 22, 1976. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on September 22, 1976. The meeting was called to order by. the Mayor at 7 : 37 P.M. , with the invocation being offered by -Mr. Tolbert, and followed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley D. Herrell , Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor and Town Attorney George M. Martin. • The minutes of the regular meeting of September 8, 1976 were 111 approved as written. • Mrs. Mary Ann Steadman, representing a group of residents from E. Royal Street, addressed Council concerning a petition requesting the resurfacing of East Royal Street, the possibility of a sidewalk and resurfacing of a side road between E. Royal Street and E. Loudoun Streets, sweeping and snow-removal . Mrs. Betty Anne Lemarr reported that town crews had started a changeover in the sewer lines at her residence some 18 months to two years ago. They have never re- turned to complete this job and there is still an open hole on her property. Mr. Niccolls reported that inspections were made on September 21st. East Royal Street could be added to the cur- y) rent resurfacingprogram at an estimated cost of $1 , 500, this be- ,.l ing within the 60 , 000 allocated for repaving this year. The con- tractor will be instructed to overlay this street as requested. Sidewalk, curb and gutter on one side would approach $10, 000 and will be considered at another time. The so-called "side road" is not a public right-of-way, but is basically a private driveway. The Town Attorney could be instructed to investigate the owner- ship of this property. Street sweeping is of little value for streets without curb and gutter, but resurfacing will make it largely self-cleaning. Snow and ice control will be intensified on this street due to the grade of the street and its residential character. 76-151 - Resolution - Authorizing a contract for office equipment and making an appropriation. • On motion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed : BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The Manager is authorized and directed to enter into a contract with G-4, Inc. , 1730 Rhode Island Avenue, N. W. , Washington, D. C. 20036, for office equipment in ac- cordance with bid documents issued by the Manager September 1, 1976, at a cost not to exceed $33, 344. 12. SECTION II. An appropriation is hereby made for the fiscal year ending June 30, 1977 as follows : Account No. Name Amount 10210. 801 Remodeling Office Building $34, 344.00 There followed discussion concerning the amount to be spent for fur- nishings for the building. Mr. Niccolls read to Council a communica- tion from the Stott Company, asking that their bid be reconsidered due to a price change in a portion of the furniture to -be supplied. Council felt that they could not reconsider the bids. A roll call vote on the resolution was 5 to 2 : Aye: Councilmembers Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: Councilmembers Bange and Titus. 76-152 - Resolution - Authorizing a contract for engineering services for Airport improvements. On motion of Mr. Bange, seconded by Mr. Herrell, the following resolution was proposed: 110 MINUTES OF SEPTEMBER 22, 1976 MEETING. BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The manager is authorized and directed to exe- cute an agreement with Airways Engineering Corp. , Suite 500, 1201 Connecticut Avenue, N. W. , Washington, D. C. 20036 for engineering services required for 1976 improvements to Lees- burg Municipal Airport as described in the July 21 , 1976 re- quest for proposals issued by the manager and the Airways Engineering Corp. proposal dated August 18, 1976, at a cost not to exceed $44, 000. SECTION II . The agreement authorized above shall be effec- tive after its approval and award of a grant to pay ninety percent of the cost of airport improvements by the United States Department of Transportation Federal Aviation Agency. On motion of Mr. Titus , seconded by Mr. Rock, the following amend- ment was proposed: SECTION I. The manager is authorized and directed to exe- cute an agreement with Rummel-Klepper & Kahl of Baltimore, Maryland for engineering services required for1976improve- ments to Leesburg Municipal Airport as described in the July 21, 1976 request for proposals issued by the manager, as sub- mitted in their proposal to the Town Manager. There followed discussion on this proposed amendment, with Mr. Nic- _colls feeling that the Town can be served best by a 'firm that pro- vides both technical and non-technical advice. The amendment was then defeated by a vote of 4 - to 3: Aye: Councilmembers Rock, Titus and Mayor Newman. Nay: Councilmembers Bange, Cole, Herrell and Tolbert. The resolution as first proposed was then adopted by a vote of 4 to 3: Aye: Councilmembers Bange, Cole, Herrell and Tolbert. Nay: Councilmembers Rock, Titus and Mayor Newman. 76-153 - Resolution - Authorizing a contract for relocation of utilities in South King Street. On motion of Mr. Cole, seconded by Mr. Herrell, the following resolution was proposed: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The manager is authorized and directed to enter into a contract with Martin & Gass, Inc. , P. 0. Box 157 , Merrifield, Virginia 22116, for relocation of utilities in South King Street in accordance with plans and specifications issued by the Director of Public Works on August 26, 1976, at a cost not to exceed $32, 500.00. SECTION II. An appropriation is hereby made for the fiscal year ending June 30, 1977 , as follows : Account No. Name Appropriation 10300. 819 Relocation of Utility Lines $32, 500 The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 1 t 1 MINUTES OF SEPTEMBER 22, 1976 MEETING. 76-154 - Resolution - Authorizing Addendum to contract with Bengtson- DeBell, Inc. for engineering services for 1976 waterworks improvements and making appropria- tion therefor. On motion of Mr. Titus, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: WHEREAS, an agreement with Bengtson-DeBell, Inc. for engi- neering services for the 1976 waterworks improvements at a cost not to exceed $64, 675. 00 was authorized on August 25, 1976, and WHEREAS, this agreement does not include evaluation ,of low pressure areas nor an evaluation of the need for cathodic protection of major waterworks structures : NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The manager is hereby authorized and directed to enter into an addendum to the August 26, 1976 agreement with Bengtson-DeBell , Inc. for 1976 waterworks improvements to include evaluation of low pressure areas at a cost up to T $2, 700 and for evaluation of cathodic protection at a cost up to $2, 500. SECTION II. An appropriation is hereby made for the fiscal year ending June 30, 1977 as follows : Account No. and Name Appropriation 50000-803 Engineering - 1976 Waterworks Improvements $69, 875. 00 Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert Nay: Nonand eayor Newman. M. 76-155 - Resolution - Accepting equipment in Rotary Park from Leesburg Rotary Club. On motion of Mr. Bange, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : That the playground equipment _installed by the Leesburg Rotary Club in Rotary Park located on North Street is ac- cepted by the Town of Leesburg as a gift from the Leesburg Rotary Club. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. Mr. C. A. English Cole, a long-time resident of Leesburg and a former Councilmember, addressed Council , urging that the Council not abandon thoughts of going to the Potomac River for water be- cause it is the only source you can depend on. He was also desirous of having the Town' s water system free of any encumbrance, indebted- ness or any obligation to the Federal Government. Former Mayor Hill was in agreement with Mr. Cole as to the Potomac being a source of water, however, he said the former Council was pretty well shocked at the estimated cost of building the Plant. It was his suggestion that perhaps the Town could interest the Towns of Hamilton, Purcellville and Round Hill in buying water. They are all looking for sources of water and, even if they go to Fairfax for it, it would have to be piped through Leesburg. He felt that, if the Town doesn' t make some progress this year, it might lose its Maryland permit. Mayor Newman was concerned as to what would happen during periods of low flow if the Town sold water to other communities. 0 112 MINUTES OF SEPTEMBER 22, 1976 MEETING. Mr. Kenneth B. Rollins, also a former Mayor, recalled the time when Leesburg had a severe shortage of water during his term of office, and the action taken by the Council following this to investigate other sources of water and the ultimate decision to go to the Potomac. He recalledthat several Council members and he spent days in securing the permit from the State of Maryland. He felt that the Town should consider such an investment for the people who are to live here in the future. - this is the only adequate supply of water for the Town. Mr. Rollins said that the State of Virginia, acting through the Water Con- trol Board (he is a member of this Board) , will soon enter into an agreement with the Federal Government and with the State of Maryland in which Maryland recognizes Virginia' s riparian rights in the Po- tomac and from which water from the Potomac will be allocated to Virginia. He saw to it that Leesburg will be "grandfathered" in to get water from the Potomac. He felt there would be no formula other than one for periods of low flow. He urged Leesburg to proceed along the lines of going to the Potomac. There was discussion con- cerning Leesburg' s permit from the State of Maryland. It was felt that Leesburg will continue to have its rights from this source and that the amount of water will be the same as granted by the State of Maryland. • Mr. Summerfield Tillett, Jr. , as a •user of White' s Ferry every morning, witnessed to the raw sewage floating down the Potomac and stated that the Town would have to have an excellent filtration system. Mr. Rock said the Safe Drinking Water Act would take care of this. • Mr. Gene Newkirk, owner of a business in Leesburg, was interested not only for his own business but for all businesses in Loudoun County, and urged that Council take the steps now to alleviate problems in the future. There followed discussion by Council members, with the conclusion being that Council will investigate further, with Mr. Niccolls glean- ing more information. It was also felt that this subject should be addressed soon - the longer they wait, the more complicated and costly it will be. Town Manager Niccolls called attention to a Memo concerning the Facilities Planning Process and the Activity Report. Mr. Niccolls advised that the work in Crestwood Hamlet, Section 2-A, has not been completed, although there is only a .small amount of work to be done yet. In accordance with the resolution adopted by Council denying an extension for this work, legal action should be instituted. He recommended waiting until November 15 for the insti- tution of any such suit. - a suit might deter them from completing the project before bad weather. Council felt that the suit should be filed. Mayor Newman read to Council a letter received from the Chairman of the Old and Historic District Committee, asking Council to recon- sider the 1976 Work Program for this District to be done by Hartzog, Lader & Richards and the Piedmont Environmental Council. She asked that Council give this matter some further thought inasmuch as the grant for this work was accepted in July. Mayor Newman reminded Council that there is still •a vacancy to be filled on the Board of Architectural Review. Mr. Herrell inquired about the use of the street sweeper. Mr. Niccolls advised that, where there is no curb and gutter, there is little accumulation to be cleaned. He asked that someone clean out the ditches where there is no curb and gutter, with specific atten- tion to those on West Loudoun Street. Mr. Tillett added that the sweeper does not operate on Morven Park Court. Mr. Herrell felt that these streets without curb and gutter should be cleaned and - that sidewalks should be installed on such streets. • Mr. Rock asked the status of the Zoning and Subdivision Ordi- nances. Mr. Niccolls said he will give a written status report at the next workshop meeting. The staff is working on the Subdivision Ordinance, but it is going slowly. C 113. MINUTES OF SEPTEMBER 22, 1976 MEETING. Mr. Rock asked what was decided about the VEPCO right-of-way. Mr. Niccolls asked just what portion he is referring to and said they have less difficulty in getting VEPCO to mow, etc. than they have with private owners. 76-156 - Resolution - Appointing Grievance Conuuittee. On motion of Mr. Rock, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: ' BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : The following are reappointed to serve on the Grievance Committee: Wayne Reynolds Nelson Downs James Smack John Fortney Stanley Caulkins William Grimes Roland Flint Hazel Church Walter Murray Reginald Evans John W. Pumphrey John C. Wells Aye: Councilmembers Bange, Cole, Merrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. On motion of Mr. Rock, seconded by Mr. Bange, the meeting was ad- journed at 9 : 05 P.M. Mayor erkrems i�C�• J f o he Council