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HomeMy Public PortalAbout1969_12_10 11'1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 10, 1969. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 W. Loudoun Street, Leesburg, Virginia; on Decem- ber 10, 1969 at 7 :30 P.M. The meeting was called to order by Mayor Rollins , with Councilman Hill offering the prayer. 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 Martin. The Minutes of the regular meeting. of November 26 , 1969 were approved as written. On motion of Councilman Orr, seconded by Councilman Murray, Council voted that the second session of Council in the month of December, 1969 will be eliminated. The vote was 6 to 1, with Councilman Wallace dis- senting. Town Manager Ritter reported the following: (1) The appraisal on the Sewage Treatment Plant property on South Catoctin Circle has been received from the Multiple Listing Service. The market value is $115 ,000, which is considerably lower than we had thought . Out of 186 ,223 square feet, only 118,660 square feet is uable , or a total of 63 per cent of the property - Tuscarora Creek runs over na the reaf portion of this land. This figure is based on the Town re- moving the sludge, which could cost as much as $10,000 - removing half of it two years ago cost $5 ,000. This then would leave a value of $105 ,000, divided by 118,660 square feet of usable land, equals 89 cents per square foot . This valuation was determined by comparison of recent sales of property in Leesburg and a list of these properties was en- cciosed with the appraisers ' letter . Mr. Warner said he will be glad to discuss this with the Town at any time . (2) We are having a difficult time getting operators for the new Sewer Plant . Mr. Moody and he have looked everywhere, they have called the Water Control Board, the FWPCA in Washington, talked to people , written to people theyknow in several different Towns , etc .;, and have placed an ad in the Water Waste Magazine . They have one or two nibbles but nothing definite yet. The biggest problem in finding someone away from here is in finding a place for him to live . One man from Fairfax is interested, but the nearest house he could find is 18 miles out of Leesburg. (3) The parking meters have been bagged each year for Christmas "shopping. This was done last year from December 9th through December 25th. He needs an expression from Council tonight as to what they wish to do in this regard. (4) With the payment to English 'Construction Co. on the Agenda tonight , this will make a total of $1 "642 ,372 that has been paid on the Sewer Program. There is still about $529,000 yet to pay , which will make the total cost of the Sewer Program a little over $2,000 ,000. We still have about $276 ,000 to come from the Federal Grant , $300,000 with the Banks and $50,000 on hand. (5) A letter has been received from American Tele-Systems Corpora- tion , requesting permission to construct'a Community Antenna Television System in Leesburg. (6) The Utility Committee discussed the Semones-Durfey Storm Sewer and were willing to go ahead with this project if the Finance Committee could come up with the money , however, that Committee decided to wait until spring and have the Town forces do this work , with a No. 1 priority given to this project . (7) Mr. Lucas Phillips will be present at the Street Committee meeting next Monday to discuss the land for the proposed Hospital road. (8) We have 'completed all the work that we can do on the downtown storm drainage and we have gone over the plans with Lee Phillips. He will give us an estimate on what it will cost to do the job, the size • of the pipe and the route it should follow. Also, he will recommend what we can do now to help alleviate the problem at King and Market Streets in the way of remodeling the existing catch basin at the southwest cor- ner and also lengthening the throat of same . This could be done very 112 MINUTES OF DECEMBER 10 , -1969 MEETING. cheaply. We should adopt a route very soon in order that we can establish the easements needed for this work. • (9) Mr. Ward has collected 89 per cent of the taxes as of December • 9th: Out of $170,278 total ; he has collected $152; 134 . Councilman Wallace 'said the Finance Committee discussed Johnson and Williams ' contract and the basis on which they are billing us for their engineering fee, particularly on the Sewer Plant. Town Attorney Martin has looked over the contract and the correspondence on this matter and says there is no breach of contract , but we might possibly have an arg ment over the amount we owe them. Councilman Wallace said it is his _ opinion that he is overbilling us and that we should write' and say we are not going along with this , it should be straightened 'out right now. Also, Mr. Wallace said the one-way street, or urban project , which was proposed by the Highway Department was referred back to the Street Committee and there has been no report as yet . He says we have a Major .Thorofare Plan that we ask others to live up to, but we do not live up to it ourselves . Councilman Pumphrey replied that he did not believe ' there was a member of the Street Committee who did not have this prob- lem on his mind. The Committee discusses it at practically every meet- ing. They will meet with Tri-County Asphalt regarding Edwards Ferry Road this coming Monday. Something must be done with this road, an access road to the Hospital provided, and something must be done on the west end of Town to take the traffic which would be coming into it with one- way streets before anything else can be done . They have tried .to ac- quire land from Mr. Babson at the triangle on the west end of Town so that Morven Park Road could be extended across to Rock Spring Subdi- vision. Councilman Wallace was of the opinion that the traffic on the east end of Town is more important . Councilman Pumphrey said he did not want to see all of the traffic moved into the center of Town. Coun- cilman Orr was of the opinion that something must be done about a road to the Hospital first . Councilman Howard said he thinks the Council should make some pro vision for thanking the Sheriff 's Office employees for taking our Po- lice calls when no-one is -in our offices and for assisting in other ways during the year. Mayor Rollins read a -letter from the President of the Hospital Board, which letter referred to the resolution adopted by Council last May. He said the last action of the Council was that the owners be contacted regarding the price for the right-of-way needed for this road. Mr. Ritter said the Street Committee has met with Mr. Lee Phillips and ap- proved the plat which he drew on this . Mr. Lucas Phillips will meet with the Street Committee on Monday regarding this 'and Mr. Ritter will then answer the Hospital 's letter. Councilman Hill commented that one of the owners was previously contacted and stated he would consider giving the right-of-way only if the remainder of the property were rezoned, and this was not agreeable to Council, so it looks as though we are now entering into 'a negotiation stage. Councilman Orr said the Hospital is expanding and they are having trouble getting people in and out. He thinks we should do as much as we can as quickly as possible . Mayor Rollins asked Councilman Wallace if he is referring to Johnson and Williams ' fees on the sewer project or the water project . Mr. Wal- lace said he is speaking of the sewer project, he does not think their percentages make sense. Mr. Moody reported that they have come a long way on the Sewer Project since his last report, although labor problems remain about the same . The last two weeks in November and the first week in Decem- ber were good weather-wise and a lot was accomplished. There is a total work force of about 23 or 24 besides the contractors . Everything on the Control Building is completed, with the exception of the skylight on the outside of the building . All partitions but one inside have been finished and they are painting inside and in the basement. They are still waiting on the acoustical tile for the centrifuge room. We will also have a dropped ceiling on the front office - the only part that will not have a ceiling will be the center portion of the first floor and basement. 113 MINUTES OF DECEMBER 10, 1969 MEETING. Most of the piping has been done and the electric lamps have been placed in front of the building. There are to be four on the grounds . There will be flood lights on a couple of the pumping stations , which will light up the outside . The biggest job besides the Contiol Building is the Raw Sewage Pumping Station, on which they are working now. They have been short of help since Monday, the men just won ' t work on Mon- days . It is still hoped to get through by March 1st . We will probably run into bad weather now too, but we are doing the best we can. The contractor has the same labor problem with the subcontractors . He said he understands we have the best construction superintendent on this kind • of work anywhere in Virginia . Councilman Pumphrey asked Mr. Moody for his comments on the John- - son and Williams engineering fees . Mr. Moody said he would not like ' to comment on this unless he had read the contract, however, he said the amount they are charging are average engineering fees and they will be going higher. Engineers get • 10 per cent on all overseas work and 6 per cent has been a normal fee for engineers for many years . He said he did not know why they separated the projects , except that this contract has bee extended over a long period of time and the Town made many changes dur- ing that time which caused Johnson and Williams additional work. Council- :D man Wallace read Paragraph 6 of the contract regarding the Council having the right to group contracts . Discussion continued regarding this mat- ter and Mr. Ritter gave Johnson and Williams ' feelings on this very briefly. Mayor Rollins said he would like to see the Semones-Durfey project placed on the Agenda again, he thinks Council should vote on it. Coun- cilman Murray said it was the feeling of the Finance Committee that this was not in the Budget and it was tied down to the fact that we did not have money . He said they felt it would be better to wait until . spring to do this work and then, if the Town forces can ' t do the job and there -are still insufficient funds , it can be put in next year ' s Budget . Councilman Orr commented that storm drainage is needed in Prospect Hills very badly and he thinks something should be done out there. Mr. Thomas Monahan, representing Arundel Communications , Inc . , presented to Council a proposed bid for franchise to operate a cable- vision system in the Town of Leesburg . He explained the merits of such a system to Council and asked that this be referred to Town At- torney George Martin for his review. It was pointed out that a prior franchise granted to Frederick Cablevision several years ago was de- clared void because that Company failed to provide the required Per- formance Bond. Councilman Murray noted that there is no Performance Bond requirement in this document , however, Mr. Sam Engle , also repre- senting Mr. Arundel, pointed out that this is required by State Statute. Mr. Monahan asked that they be granted another hearing before this bid would be advertised in order that Mr. Arundel might appear. This pro- posed franchise was referred to the Laws and Admiinistration Committee by Mayor Rollins , with the request that this Committee refer it to Town Attorney Martin. On motion of Councilman Hill , seconded by Councilman Pumphrey, the following Ordinance was presented: WHEREAS, the public safety and welfare requires the construc- tion of adequate entrances to the streets of the Town when- ever anytnew construction, reconstruction or alteration is proposed in any "B" (business) or "M" (industrial) District, as shown on the Leesburg Zoning Map, BE IT, THEREFORE, ORDAINED by the Council for the Town of Leesburg, Virginia , that Chapter 20 of the Code of the Mu- nicipality of Leesburg, Virginia be and the same is hereby amended by adding, subsequent to Sec . 20-21, a new section as follows : 11.4 MINUTES OF DECEMBER 10, 1969 MEETING. Sec . 20-22 . Physical improvements required. Any individual , partnership or corporation who proposes to construct any structure on any tract of land zoned 'B" (business) or "M" (industrial) , as shown on the Leesburg Zoning Map, which land has frontage on a public street , and which land requires a new entrance or entrances thereto, or any change in the width of an existing entrance, shall : (1) Construct, at his expense, curb, gutter and side- walk along the entire frontage of the property proposed for use: (2) Construct, at his expense, concrete entrance or entrances . (3) Construct, at his expense , any pavement between existing pavement and new curb and gutter. (4) Construct , at his expense , storm drains and appurtenances where necessary. (5) Cause to be dedicated to the Town an area of land for public street widening to conform to the Major Thorofare Plan for Leesburg . • (6) Provide a Performance Bond, with approved surety payable to the Town of Leesburg, to insure installation of said im- provements , based upon the estimated costs of improvements as determined by the Town Manager, with the time of perform- ance determined by the Town Manager. This matter was discussed at length and it was pointed out by Mr. Ritter and Mr. Forbes, as well as Mayor Rollins , that, under the present regulations , we have no control over anything except the construction on the lot itself and, although this is not considered a perfect Ordi- nance , it gives us something to work with. Also, the present resolu- tion on the books covers only the south and east ends of the Town. A roll call vote of 6 to 1 adopted the above Ordinance , with. Councilman Wallace casting the dissenting vote. On motion of Councilman Wallace, seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriation be made : $82 ,132.38 - English Construction Co. for Est . #14. for work on Project S-I. On motion of Councilman Murray, seconded by Councilman Orr, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that Chapter 8 of Town Code, "Fire Department , " be deleted. On motion of Councilman Orr, seconded by Councilman Pumphrey, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that Dewberry, Nealon & Davis be authorized to prepare a policy for the Town, to govern water and sewer extension, at a maximum cost of $800. On motion of Councilman Howard, seconded by Councilman Murray , the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that Wendell Kline be appointed to represent the Town as an appraiser of Frank Myers Well, and BE IT FURTHER RESOLVED, that Mr. Kline will work with an ap- praiser selected by Frank Myers , and the two appraisers so selected shall meet and select a third appraiser, and the three appraisers shall agree on a value of the Myers Well and so inform the Town Council of the amount agreed upon. 115 MINUTES OF DECEMBER 10, 1969 MEETING. After discussion, this motion was withdrawn by the makers and the fol- lowing resolution unanimously adopted: BE IT RESOLVED by the Town Council for the •Town•of Leesburg, that Mr. Myers be offered the price of $10,000 for the purchase of his Well , which shall include easements for providing egress and ingress to the site of the Well which shall be acceptable to the Town of Leesburg, and also to provide the Town with the necessary property surrounding the Well which will be necessary to comply with the requirements of the State of Virginia . On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted after a great deal of discussion : WHEREAS, the Town Council of the Town of Leesburg believes it in the best interest of the future growth of the Town, and WHEREAS, there is not at present a consolidated "Master Plan" to be used as a tool in connection with planning , zoning, streets , utilities , future annexation and other Town-provided cfl services , p • NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager is directed and is hereby authorized to request from Planning Consultants , or other competent sources , cost estimates for the development and publication of such a "Master Plan. " Councilman Wallace said the Planning Commission would like to have this - it would provide future land use, and he believes it should encompass the one mile area . Councilman Murray suggested perhaps the Virginia Municipal League could give us an estimate on this with no charge . Mr. Wallace also suggested that the League be contacted regarding this . Mr. Forbes explained that we do not have a comprehensive plan of the Town with all its elements . He said the present Major Thorofare Plan was adopted in 1956 and covers only the 300 odd acres that were in the cor- porate limits at that time, plus the one-mile jurisdiction granted in 1959, which took in the annexation of 1958. We now need something that would go beyond the present Town limits . Mr. Forbes said he did not believe the Town should have jurisdiction where there is no plan. On motion of Councilman Wallace, seconded by Councilman Orr, Coun- cil voted unanimously that , effective tomorrow, December 11th, all park- ing meters will be bagged through December 25th. Councilman Orr asked that Mr . Ritter secure a list of the 11 per cent unpaid real estate tax bills . On motion of Councilman Howard, seconded by Councilman Wallace, Council voted 6 to 1, with Councilman Hill dissenting, that the Town Manager be authorized to spend up to $50.00 in buying some appropriate gift for the dispatchers in the Sheriff 's Office . Councilman Hill said he voted against this motion only because he felt that the gift should be given to all members of the Sheriff 's Office . Councilman Wallace asked that the Laws and Administration Committee discuss additional radios for the Police cars at its next meeting. On motion of Mayor Rollins, seconded by Councilman Orr, the follow- ing resolution was unanimously adopted : BE IT RESOLVED by the Town Council for the Town of Leesburg , that Lucas D. Phillips and Stanley A. Owens be requested to introduce legislation at the 1970 General Assembly Session permitting municipalities to lease Airport property without the necessity of having to advertise for such leases , as now required by statute . There being no further business , the meeting adjourned at 9:30 P.M. '", et-4> ` •L� / Mayor y h Clerk ot� e Co I Council