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HomeMy Public PortalAbout1970_01_28 122 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 28 , 1970. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 W. Loudoun Street, Leesburg, Virginia, on Janu- ary 28, 1970 at 7 :30 P.M. The meeting was called to order by Mayor Rollins, with Councilman Orr 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 M. Martin. The Minutes of the regular meeting of January 14 , 1970 were approved as written. Town Manager Ritter reported the - following : (1) The Street Committee met with Frank Myers and discussed his counter-offer of $15 ,800 for the Myers Well. However, it was decided that we should get clearance from John Wright first , since part of the land needed around the Well is on his property, the Well being only 5 feet from his property line . He talked with Mr. Wright today and he is willing td work with us and will not charge us anything for the land that we need. He also contacted the Health Department in Richmond, and found out that a 50-foot radius off the Well is satisfactory, or a piece . of ground 100 ' x 100 ' . Mr. Myers arrived at his counter-offer figure based on an appraisal from Mr. Tyler Swetnam, who appraised the Well at $10 ,000 , the land at $ 2,800 , and the right-of-way and damages at $3 ,000, for a total of $15 ,800 . The Street Committee will consider this matter again next Monday . • (2) Mr. Williams will meet with the Utility Committee next Monday to discuss the time schedule on going to the Potomac River for water, and also his invoice in the amount of $2,000 for services in this re- gard. • (3) Lee Warner met with the Utility Committee on the Sewer Plant property . They discussed dividing it into two tracts for sale purposes . The existing facilities have to be located on the property and they are putting this on paper now - it should be ready for the meeting next Monday. (4) He talked with Mr. Cooley of the Hospital Board. Mr. Cooley said they did not plan to do anything to the road already on the Hos- - pital grounds - they expect to use it as it is . (5) On the downtown storm drainage, Mr. Phillips would make recom- mendations as to the size of the pipe needed and where it would go - this would be for the relief sewer, which would run from King and Market Streets to the Joe Francis property. He would also work uran esti- mated cost of this storm sewer. He would make recommendations as to what improvements we could make to the present system in order to in- crease its capacity and work up an estimated cost on this . • (6) The proposed offer to the Rust heirs for land needed for the Potomac River Water Plant was discussed at length at the Utility Com- mittee meeting . This offer is in line with what VEPCO paid for the 4.5 acres they acquired adjacent to this parcel- of land. He outlined the formula used to decide on this offer. (7) The proposed offer for the Lucas Phillips land is based on a 60-foot right-of-way. (8) The two flagpoles have finally arrived and these will be erected in front of the Town Office Building when weather permits . (9) He talked with Lucien Rawls at the Airport today about ex- pansion. Trans-American has just received approval from the FAA on a drawing showing the addition of 75 T-hangars . He said they expect to start construction on two units containing 21 T-hangars as soon as the weather breaks , with the balance to be built during the summer if there is a demand for them and he believes there will- be . He said business is looking up and he is very optimistic and satisfied with the progress that has been made and the plans for the future . 123 MINUTES OF JANUARY 28, 1970 MEETING . (10) On the Edwards Ferry Road project , it was decided at last ' Council meeting to hold up on awarding the contract to Tri-County As- phalt until the 70-foot right-of-ways could be secured. There are four property owners - Dr. Fuller has already signed the deed; the Fewells want money ; John Wallace is willing to sign; and Mrs . Carr has a propo- sition that she wants to discuss with the Street Committee . He believes a special meeting should 'be set up with Mrs . Carr regarding this . (11) Dewberry , Nealon and Davis have not yet come up with a for- mula for water and sewer lines outside the corporate limits . ' (12) On the proposed Master Plan, he and Bob Forbes have discussed this with seven different firms and they would like to have one of them, Greenhorne & O 'Mara , come before the Council to discuss this . They seem to be very familiar with what we want and have handled Federal Grant money that can be;;used for planning . They feel this firm is better qualified than the others . (13) On the two appropriations on the Addition to the Agenda , these came up after the Finance Committee meeting . Maryland Excavators is v approximately 30 per cent finished on the Rt . 654 Sewer and about 10 CD to 15 per cent on the Rt . 15 Line . r C7 (14) The resolution regarding the release of the notes to Tusca- `= rora , Inc . has been discussed with Mr . Crickenberger, and we would still = have on hand an amount of $59, 180 in first deeds of trust to cover the completion of the physical improvements . Mayor Rollins explained that Mrs . Carr wants to construct a four- lane divided highway from the end of the hard surface of Edwards Ferry Road to the corporate limits . The Town would build two lanes and she would build the median strip and the two additional lanes on her side of the road. He said he discussed with her the safe and adequate entry into the present Edwards Ferry Road. Mr. Bozel explained his talk with I her this afternoon. Mayor Rollins said he thinks this is well worth consideration and asked the Street Committee to meet with her before next Monday ' s meeting . Mayor Rollins presented two letters , one from Mr. -E . J. Radford, commending Officers Elder and Harwood, and particularly -Officer Elder, for their courtesy at the time of an automobile accident in which his daughter was involved . The other letter was from General Tynes , Adminis- trator of Loudoun Memorial Hospital, thanking the Town, and particularly those men of the Utility Department who worked so hard to repair a broken water main at the Hospital in freezing weather while he was out of Town. the Mayor Rollins also said that/Museum officially opened during the past week and he thinks it well worthwhile for those who have not seen it to do so. Mrs . Moody will have it open tonight for Council members . Councilman Hill commented that he believed the offer made the Rust heirs for their land is an honest offer, that it was not just pulled out of the air. It is in line with what VEPCO paid for their easement . Councilman Orr said he could not understand why the Hospital is not planning to beautify their portion of the road if the Town is willing to do their part - he believes if we are going to go out of our way to put in a nice street , they should agree to do something to theirs too. Councilman Wallace said the acreage mentioned on the offer for the Rust land was different from what they had discussed at the meeting. Mr. Ritter explained that this figure includes the easement for the road. Mr. Wallace also said he thought that both Committees were to meet with Mr. Williams next Monday. Mr. Ritter confirmed this . Councilman Wallace also asked that Mr . Ritter ask Mr. Marshall Bryant of Yount, Hyde and Company to be present at the next Finance Committee meeting. 124 MINUTES OF JANUARY 28 , 1970 MEETING. - Councilman Pumphrey asked what has happened to the trash and gar- bage removal lately. Mr. Ritter explained that Jesse Randolph has been having problems since the first snow and we never know when he is go- ing to pick- it up. He always has some reason. He has a job for every day of the week and, when he falls behind one day, it is hard for him to get caught up. Councilman Orr asked if we could not have it put on the radio when trash pick-up falls behind. It was explained that this has been done on one occasion and can be done again, when necessary. Councilman Pumphrey said he believed we should have a penalty clause in the next contract with Jesse . Mr . Ritter explained that he has de- ducted-amounts from his chedcwhen we have to pick up in the business section, but he believes that a $ 100 penalty per day would be good to put into the contract. Councilman Pumphrey also asked that the Minutes show when Councilmen come in late or when they leave early. On motion of Councilman Pumphrey, seconded by Councilman Howard, the following resolution was offered: BE IT RESOLVED by - the Town Council of the Town of Leesburg, that Walter Phillips be authorized to perform certain ser- vices on the Downtown Drainage Problem, in accordance with his letter of December 15 , 1969, at a cost not to exceed $500. Councilman Pumphrey said a great deal of time has been spent by Town crews gathering data for this project and, since Walter Phillips is fa- miliar with this area , he can do this work for a good deal less than anyone else . We also know that this has to be done . Mr. Ritter reiterated just what Mr. Phillips will do on this study and said this will come out of General Fund-Storm Drainage. The resolution was then unanimously adopted. On motion of Councilman Pumphrey , seconded by Councilman Howard, the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that S . M. Rust , Jr. , et al, be offered the sum of $15 ,000 for 6 .8526 acres of land and a 50 ' wide easement for Water Treatment Plant Site , in accordance with plat prepared by Johnson and Williams , dated November, 1969. Councilman Pumphrey stated that he did not believe this offer should be made before we meet with Johnson and Williams . Mayor Rollins said he believes it important to decide when the referendum will be held on going to the Potomac and also what Johnson and Williams ' fee will be . Councilman Hill said the Committee felt this offer .was wise to fulfill our obligation to the State of Maryland to show some progress , however, he thinks; the -time ,schedule is most important . He believes this offer is certainly in line with what the Rusts received from VEPCO . Mr. Ritter said Johnson and Williams cannot do any more work on this project un- til this property has been acquired, or we know that we are going to be • able to acquire it . Discussion regarding the Myers Well took place at this time , with Councilman Murray stating that he did not believe we need this Well if we are going to the Potomac any time soon. On motion of Mayor Rollins , seconded by Councilman Orr, Council voted by unani- mous roll call vote to table this resolution until after the Council • meets with Mr. Williams and determines the time schedule for going to the Potomac River. On motion of Councilman Orr, seconded by Councilman Wallace , 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 purchase a 1970 Po- lice Car from State Division of Purchases and Supply at a pride of $2,234 . 99; which is $134. 99 more than the Budget figurer Councilman Orr commented that the price of a Police car has risen almost $1,000 in ten years . 12eB MINUTES OF JANUARY 28, 1970 MEETING. - On motion of Councilman Orr, seconded by Councilman Wallace, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to purchase two (2) Scannersfor the Police Department , with Fire Control Crys- tal, including antenna , at a price of $288 .00, including in- stallation . Councilman, Orr said this had been discussed with the entire Police De- partment and that they were in. agreement with buying these sets , with the Fire Control Crystal . He explained that these sets could carry as many as eight crystals as and if needed at $5 .00 apiece. Sergeant Kidwell explained how these sets could help the police and also the fact that, if the Fairfax County crystal were in use, this could crowd out the Loudoun County one , which is the more important . He also ex- plained that it is necessary to have two 'sets , since not two cars are in use at all times and one could be in for repairs . The resolution then carried by a vote of 6 to 1, with Councilman Howard casting the dissenting vote . C On motion of Councilman Wallace, seconded by Councilman Orr, the following resolution was offered for discussion : `CZ BE IT RESOLVED by the Town Council of the Town of Leesburg, Q that the Town signifies its intention to join the Northern Virginia Planning District 8, and that a suitable . resolution will be drawn up at the next session of Council , and an ap- pointment made as to who will represent the Town of Leesburg. Councilman Wallace said he could see no harm in joining the District at no cost to the Town until June , and he believes we should have a representative present at the meetings to see what is going on, then we could decide if we want to join when the time comes to pay dues . In answer to Councilman Hill 's question as to what other localities have joined on this "free" basis , Mr. Ritter said he understood that Manassas has joined and he does not know about Vienna . Mayor Rollins stated that he recognizes there are several advantages to joining, but he believes the advantages should be weighed against the disadvantages . He thinks the main disadvantage would be that the people of the Town and the County would eventually be forced to give - up their right to determine the destiny of their own growth. He said he would not ever vote for the Town and the County to lose this right . Councilman Murray believes we would be foolish not to join if the County joins - we would have no right to do anything. Mayor Rollins said he believes govern- ment should be kept as close as possible to its own people and, once you join, it is hard to get out . He also said that there are too many public officials who do not have the courage and time to study these problems and see what the real answers are ; they are too prone to take the answers of other people, therefore, giving into the regional bodies . When they become governmental units , we will have no local sovereignty . Further discussion continued between Mayor Rollins and Councilman Mur- ray . Mayor Rollins stated that it will become a monstrous giant that will swallow up local government in 15 years . Councilman Wallace said it would be easier to get monetary help if we belong and Mayor Rollins said he would be inclined to go along with this . Also , he said it would be futile for us not to join if the County does . Councilman Hill asked if anything would prohibit us from sending a representative to the meetings ' just to see what we might gain even if we do not join . Councilman Wal- lace said he did not believe we would be a part of a committee this way . On motion of Councilman Hill, seconded by Councilman Murray, Coun- cil voted by roll call vote of 4 to 3 to table this motion until the County decides what it is going to do. Those against the motion to table were Mayor Rollins and Councilmen Orr and Wallace . 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 Lucas Phillips , et al, be offered the sum of $1,000 for 0 . 5922 acres of land needed for street purposes between Mar- ket Street and Cornwall Street, in accordance with plat pre- pared by Walter Phillips , dated October, 1969. 1263 MINUTES OF JANUARY 28, 1970 MEETING. Councilman Pumphrey said he believed this to be a legitimate offer and, if we do not hear from the owners in 30 days , he thinks we should start condemnation proceedings . Mayor Rollins moved to amend this offer to read for a 70-foot right-of-way , and this motion was seconded by Council- man Orr. Mr. Ritter explained that our share of the expense is to be $15 ,000 and this was planned on the basis of a 60-foot right-of-way . Another 10 feet would cost another $8 ,000 to $ 10,000 . Mr. Bozel ex- plained that, if and when this road would be extended through from Mark- ket Street to Loudoun Street , this could be done on the basis of a 60-foot right-of-way by the taking of one house . A roll call vote de- feated the above amendment 4 to 3 , with Councilmen Hill, Howard, Pum- phrey and Wallace voting against it . The motion, as first presented, was then unanimously adopted. Councilman Orr excused himself from the meeting at 8 :50 P.M. On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was unanimously adopted, with six members being present : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriations be made : $6 ,392 .00 - Johnson and Williams . Additional topographic surveys and land surveys through Jan. 10 , 1970 on Potomac Water Line . (1969 Bond Issue) 1,699. 99 - Johnson and Williams . Engineering Coordination on Contracts S-I , S-II and S-III . (1969 Bond Issue) 5 .80 - A & E Blueprinters . Printing during month of December. (1969 Bond Issue) On motion of Councilman Wallace , seconded by Councilman Murray, and there being no objection to considering this tonight , the follow- ing resolution was unanimously adopted, with six members present : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : (a) $8 ,010 .50 - Maryland Excavators - Est. #2 for work on Rt . 654 Sewer Line . 1969 Bond Issue . (b) 7 ,796 . 70 - Maryland Excavators - Est . #1 for work on Rt . 15 South Sewer Line . 1969 Bond Issue. Mr. Moody said that Maryland Excavators is working on both of these projects at the same time and they are shooting rock on both. On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was unanimously adopted, with six members present : WHEREAS , Tuscarora , Inc . , in order to provide security for the Performance Bond executed by it to insure to the Town of Leesburg the installation of certain physical improve- ments in Section One , Leesburg Country Club Subdivision , assigned certainnotessecured by first deeds of trust on lots in said Subdivision, executed by Paul Bradshaw, Inc . , owner of said lots , and WHEREAS, improvements costing $ 93 , 781 have been installed .and paid for in full by Tuscarora , Inc . , and WHEREAS, the remaining improvements are estimated to cost $13 ,000, and certain other notes originally in the princi- pal amount of $53,600 were also assigned as part of the se- curity , and said Performance Bond was also signed by W. M: Crickenberger and John C . Wright , et als, as additional surety, and 127: MINUTES OF JANUARY 28 , 1970 MEETING. WHEREAS, it appearing to the Council that Tuscarora , Inc . has requested that the notes on the lots in Section One , Leesburg Country Club Subdivision be , released from this pledge and assignment , and that there is adequate security . remaining if this request is honored, BE IT, THEREFORE, RESOLVED that the said notes be and they are hereby reassigned to Tuscarora , Inc . , and the assignment with respect to said notes be and the same is cancelled and declared null and void. Town Attorney Martin said that the lawyers have been very dilatory in the matter of Potters Field and we are waiting on Mr. Hall and Mr. Penn to file their pleadings in the case. Town Attorney Martin also said that he believed when a new street is built , it is supposed to be referred to the Planning Commission for approval. Mr. Forbes said this is in compliance with the Major Thoro- fare Plan. Councilman Howard asked what the situation is on Blue Ridge Air- craft at the Airport . Mr. Ritter said he understands that Furman CD Builders is taking Blue Ridge to Court for unpaid bills , however , Blue Ridge feels this is for work that has not been done by them, therefore, they are contesting the bills . We are a part of the suit since we are the owners of the property . He said he has not been served with a copy Ca of the pleadings in the case . Mr. Moody reported that , since the weather has let up, they have been able to pour the concrete walls on the raw sewage pumping station at the Sewage Treatment Plant and they are now up to ground level. They are still working on miscellaneous details inside the Control Building. If the weather holds up, we should be able to make good progress now. One of the important foreman is back on the job and, this' is a great help. It is hoped that the Plant will be ready to put into operation by the 1st of April. Councilman Hill said he understood the Highway Department is ne- gotiating with one of the contractors on the Southeast segment of the By-Pass regarding our Tuscarora Interceptor Sewer Line being in the way of the Bridge . Mr. Moody said the last he heard was that the Highway Department would shift the bridge, rather than move the sewer line . We had our easement from the Alberts for over a year before the Highway Department got theirs . Councilman Hill asked if we would run into this on Route 15 . Mr. Moody said No, we have letters and prints to verify that we are right . On motion of Councilman Murray, seconded by Councilman Howard, the meeting was adjourned at 9:00 P.M. Mayor Clerk of e Council 1 •