HomeMy Public PortalAbout1970_03_25 156
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 25 , 1970.
A regular meeting of the Leesburg Town Council was held in. the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia; on March
25, 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.
Mayor Rollins corrected the Minutes of the last meeting on Page
149, regarding the vote on the Cablevision Franchise , to read "4 for,
1 . against, 1 abstention and 1 disqualification. " The Minutes , as cor
rected, were then approved. '
Town Manager Ritter reported as follows : .
(1) We have received a check from the Federal Government today,
this being in the amount of $152,800 and being the third Grant. There
is one more check yet to come to complete the Grant .
(2) We still have not heard from the Rust heirs regarding permis-
sion for Johnson and Williams to conduct the test borings . We wrote to
Mr. Scheetz again the other day. It may be necessary to go through the
Courts to get this permission. This is holding up the design of plans
for the Plant . Mayor Rollins said, according to the State statute, we
can go on this land to make these test borings .
(3) Frank Myers is trying to get the Agreement with the U.S.G.S.
straightened out on the Myers Well , and we will hold up any appropria-
tion to buy this Well until this is straightened out .
(4) Attached to the Agenda is a Petition from residents of Waverly.
Heights , asking for the paving of Second and Fourth Streets , each of
which is just one block long. The Committee discussed this and is op-
posed to doing anything to Fourth Street inasmuch as it is a very steep
hill coming into Rt . 15 and would be more dangerous if it were paved.
Second Street would cost about $3 ,000 to grade and pave, and Fourth
Street would cost about $3 ,500 . There was no action taken by the Com-
mittee .
(5) We have written the State of Maryland, asking for a one-year
extension of our permit to take water from the Potomac River. The pres-
ent permit expires on April 1st .
(6) Regarding the Stanley Fewell right-of-way on Edwards Ferry
Road, Mr. Penn, who is handling this for Mr. Fewell, now states that Mr.
Fewell wants a dual paved driveway in front of his house. This was dis-
cussed with the Street Committee and, at that time , they took the po-
sition that we would not have to do this work, that this would set a
precedent . The other two houses involved have a single driveway. This
would be a matter of building a ramp and connecting the street to the
present ramp. It will cost about $350 to do what Mr. Fewell wants . He
said he did not want to hold up the project that has already been started,
so feels we should go ahead and do this work. It would probably cost more
than this to go through condemnation to get the right-of-way. He would
like this matter discussed tonight.
(7) Mr. John Wallace has presented a sketch for a sewer line
through his property on Edwards Ferry Road. This was discussed by the
Street Committee and it was decided that he should discuss it with
Dewberry , Nealon & Davis . Mr. Patteson was here yesterday and they
have found that this sewer line can serve land on the north side of
Edwards Ferry Road as well, therefore , it is felt that a study should
be made so that this line might serve as much of this property as is
possible . This is the only chance we have of serving this land by
gravity , rather than by pumping. He would like authority to have Dew-
,n ^ berry , Nealon and Davis make a study to determine the size of the line
t and a gradient.
57
MINUTES OF MARCH--25 , 1970 MEETING. -
Mayor Rollins read a letter of intent from Mrs . Carr regarding the
Edwards Ferry Road project (copy attached) , which she would like to
substitute in place of the Agreement acted on by the Council at the
last meeting. This letter incorporates the amounts to be expended at
specific times, making a total of $69,650.00, and states that the proj -
ect must be completed by September of 1970. Mr. Ritter said the C & P
• telephone lines are already underground and VEPCO has been requested to
do this also but, at the present time , they say they cannot do this be-
cause this is a replacement . When a subdivision goes in on both sides ,
then the line in Edwards Ferry Road will go underground. Councilman
Howard asked if this did not shorten the time for completion of the
• project, but Mr. Ritter said this is no problem. Various ways of satisfy
ing Mr. Fewell 's request were discussed and a motion was made by Council-
!' man Pumphrey, seconded by Councilman Murray, that the Town Manager be
authorized to negotiate with Carleton Penn, Attorney for Mr. Fewell, to
see what the best deal might be that we can come up with on this . How-
ever, this motion was withdrawn and, on motion of Councilman Murray, sec-
onded by Councilman Howard, 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 negotiate with Mr.
O Carleton Penn , Attorney for Stanley Fewell, for the dedica-
,1 tion of the necessary right-of-way through his property on
CO EdwardsFerry• Road. In return, the Town is willing to con-
tribute towards the construction of the driveway through
said right-of-way on a 50-50 per cent basis , but not to ex-
ceed the cost of $175 .00 to the Town of Leesburg , and
BE IT FURTHER RESOLVED, that a public necessity- exists for
the acquisition of this . dedication from Stanley Fewell and,
in the event the offer which is heretofore made is not ac-
- :cepted;-: the Town Attorney is authorized to institute• con-
demnation proceedings , looking toward acquiring the -area
needed, and -the Town Attorney • shall -attempt to secure an
agreement in advance which would permit the Town to commence
construction on this particular area prior to the institution
of the condemnation suit .
Councilman Wallace asked if we have received all of the dedications
along Edwards Ferry. Road. Mr. Ritter said we have Dr. Fuller 's , got
Mrs . Carr 's yesterday and he understands Mr. Wallace has signed his
and it is ready to be picked up. - Mr. Wallace also asked about the
Agreement with Tri-County Asphalt . Mr. Ritter said the Town Attorney
has approved it . •
Councilman Hill asked if we are working on chuck holes . Mr. Ritter
said we are patching them as fast as we can on good days .
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 appropriations be made :
$ 425 .00 - Walter L. Phillips - Report and recommendation
for handling of storm drainage problems in Down-
town Leesburg . General Fund-Streets-Capital
Outlay .
14,299.38 - English Construction Co. for Payment #17• on Proj -
- S-I . 1969 -Bond Issue .
•
208.68 - Johnson and Williams for Engineering Coordination
on Contracts S-I , S-II and S-III . 1969 Bond Issue.
2 ,234 . 99 - New Police Car.
158
MINUTES OF MARCH 25 ,- 1970 MEETING.
On motion of Councilman Pumphrey , seconded by Councilman Hill, the
following resolution was presented for discussion:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the Town Manager be authorized to hire a Chief Operator
for the new Sewage Treatment Plant at a salary of $9,000 per
year, and an Assistant Operator at a salary of $8,000 per year.
Mr. Ritter explained in detail why it is necessary to pay this much for
these employees . There is a great demand for sewer plant operators and,
in interviewing several applicants for these jobs , he and Mr. Moody
have found that top-flight operators are now making $12,000 a year.
Those that have been interviewed that they would really be interested
in are not interested at $9,000, so it is doubtful that we will be abl
to hire those we really want , however, this should make it possible to
get experienced operators . The two men presently in school are making
$6,000 and will have to be raised in next year 's Budget in order to keep
them, and they will have to have several weeks ' or months ' experience
before they are actually operators . It is planned to have four men when
the Plant opens , this giving three 8-hour shifts , with one Chief Operator.
He will have the primary daytime shift and will make more tests than the
other men. Also, it is necessary that we have licensed operators to per-
form this work. The resolution was then unanimously adopted.
On motion of Councilman Orr, seconded by Councilman Hill, the fol-
lowing Ordinance was adopted by a vote 9to6lfor andg1 abstention, that
being Councilman Murray since he is inmealtedkifiR3 fingxmxxedxieye:xagasa
WHEREAS, the Town of Leesburg adopted an Ordinance on December
11, 1968, setting the hours that mixed beverages may be sold in
the Town of Leesburg from 8 :00 A.M. to 12 Midnight,
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town
of Leesburg , that the time be extended to 1 :00 A.M. , and that
the ABC Board be so notified of the Council 's action.
On motion of Councilman Pumphrey, seconded by Councilman Howard, Ill
the following resolution was unanimously adopted :
WHEREAS , the Town of Leesburg made an offer of $ 1,000 on
January- 29, 1970 to Lucas Phillips , et al, for 0.5922 acres
of land needed for Hospital Road construction, between Mar-
ket Street and Cornwall Street, and
WHEREAS, no reply has been received on the Town 's offer,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg , that the Town Manager be authorized to
have the parcel of land appraised.
After some discussion, on motion of Councilman Howard, seconded by
Councilman Pumphrey, Council voted unanimously that H. Wendell Kline
be employed to appriase the Phillips et al, property needed for the
Hospital Road.
On motion of Councilman Pumphrey, seconded by Councilman Hill, the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the property owners of the Pentacostal Church and the
Weatherholtz residence on Pershing Avenue be permitted to
construct curb and gutter and sidewalk in front of their
property at their cost, and in accordance with Town of Lees-
burg Standards .
Mr. Ritter explained that the Town would establish the proper grade on
this and loan Mr. Weatherholtz and his Church membersthe forms to do
this work. There is a 50-foot right-of-way there and it will not
create any drainage problem; also, there are no utility poles involved.
This is a permanent improvement . Mayor Rollins raised the question of
a utility strip, but Mr. Ritter pointed out that this is required only
in subdivisions .
1_59
MINUTES OF MARCH 25 , 1970 MEETING. -
Discussion regarding the Town joining Northern Virginia Planning
District 8 was held at this time , with Councilman Wallace stating he
believed this should seriously be considered, particularly - since it
looks as though we would not be eligible for any Federal money unless
we become a member of this Commission. It will cost us nothing to join
at this time , it being free until June 30, 1970. Mr. Wallace said he
discussed this with a representative of the Council of Governments and '
this man said any request for money would be channelled through District
8, with final approval coming from COG. An elected official of the `
Town would be the representative on this body. On motion of Councilman
Wallace, seconded by Councilman Murray, the following resolution was
taken out of tablement from the January 28, 1970 meeting by a roll call
vote of 5 to 2, with Mayor Rollins and Councilman Pumphrey voting against
it :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
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 .
CO Discussion continued, with Mr. Ritter reiterating his visit with Mr.
CD Steger last week. Mr. Steger is head of the Law Enforcement Division
r"' of the Planning Commission and stated that no Federal money would be
qavailable , if approved, unless we are a member of the Commission. Mr.
Q Ritter also read a letter from the Governor 's Office dated about a year
ago pertaining to the State Law Enforcement Planning Program. He pointed
out that, even though we are a member, we have no assurance that iae will
get any Federal money . Councilman Howard asked Mr. Ritter ' to determine
what Federal Agency would grant this money and find out if we do have
to belong in order to get such money. The amount it would cost to join
beginning July - 1 was also discussed. Councilman Hill said, that based
on the original formula for joining, our share would have been 1/29th,
and he did not believe this was equitable payment for our one repre-
sentative on the Commission. Councilman Wallace again said we will
I not know what it is all about if we do not join and find out. Also,
he pointed out that we have no voice in the Council of Governments ,
but we would have in District Planning Commission 8. A roll call vote
of 5 • to 2 then adopted the above resolution, with Mayor Rollins and
Councilman Pumphrey voting against it. Mayor Rollins said the proper
resolution to join will be drawn up for the next meeting and a repre-
sentative appointed.
On motion of Councilman Orr, seconded by Councilman Hill, the fol-
lowing resolution was unanimously adopted after discussion :
•
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the Mayor be authorized to sign the Agreementbetween
the Town of Leesburg and Tri-County Asphalt , dated March 13 ,
1970, for the construction of Edwards Ferry Road between
Mayfair Subdivision and the East Corporate Limits .
It was pointed out that Town Attorney George Martin had approved the
Agreement, however, Mr. Martin said he objected to the contractor going
on the Fewell land until his right-of-way has been obtained. Mr. Ritter
said the contractor has been notified of this by letter. The. amount of
the Performance Bond on this contract is $122 ,692.40 and has been ap-
proved.by the Town Attorney .
On motion of Councilman Pumphrey, seconded by Councilman Howard,
I . the following resolution was adopted by a vote of. 6 for and 1 abstention,
that being Councilman Wallace :
WHEREAS, John A. Wallace has . submitted a sketch showing a .
proposed sanitary sewer line through property belonging
to John A. Wallace, et al, and
WHEREAS, it has been determined that this sewer line can
also serve property on the north side of Edwards Ferry Road,
and
1. tilt
MINUTES OF MARCH 25 , 1970 MEETING. --
WHEREAS, it is not known at this time the size pipe required
and area that it will serve,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg , that Dewberry, Nealon and Davis be author-
ized to make a study of this situation and to recommend to
the Town of Leesburg the proper size pipe and gradient needed
to serve the entire area that can be served by gravity fall.
Mr. Ritter said this would not costaer $600.
Councilman Hill said that, before the Agreement with Tri-County
Asphalt Co. on Edwards Ferry Road is signed, he thinks we should as-
certain our commitments on the rights-of-way. It is understood. that
Mr. Wallace will not give his until we have Mrs . Carr 's . Mr. Bozel
said that we have Mrs . Carr 's right-of-way agreements , and that Mr.
Wallace has signed his , but he is holding it until he talks with Mr.
Chamberlain about entrances on his property.
Councilman Orr left the meeting at this time , leaving only six
members for the remainder of the meeting.
Mayor Rollins said that Council could move to reconsider this Agree-
ment if they so wished. On motion of Councilman Hill, seconded by
. Councilman Pumphrey , Council voted unanimously to reconsider the Agree-
ment between Tri-County Asphalt Company and the Town. After further
discussion, on motion of Councilman Hill , seconded by Councilman Pum-
phrey, the following motion was unanimously adopted by the six members
present :
The Mayor is hereby directed not to sign the Agreement between
the Town of Leesburg and Tri-County Asphalt Co. , Inc . until he
has received information that all deeds have been signed and
• received by the Town Office, except in the case of Stanley
Fewell, in which case the Mayor shall be governed by a prior
resolution of this date passed by the Council .
Mr. Moody . reported that the rest of the walls on the raw sewage
pumping station have been poured, along with some other walls . There
are about 12 men working at the present time and English Construction
Company has been written a letter, stating that we expect to see an
increase in personnel on this job since the spring season is here.
There is still a lot of clean-up work to be done . We told English that
we want the Plant finished by the 1st of May and all work completed by
July 1st. He said this letter will be backed up by another written
by the engineer. The work should go pretty fast now if we get some good
weather.
The Route 15 By-Pass Sewer Line is finished, with the exception of
his inspection. ' Tri-County Asphalt ,is repairing the cuts on the Route
7 job at Rt . 654 and also on the Rt . 15 By-Pass and the one in front
of the Gulf Station. These should all be finished this week if the
weather holds out.
The contracuor:'ha's='had 'a •=rough time '-wiih 'rock on the Rt . 654 job.
In fact, there has been a lot of hard rock on both jobs . The contractor
on the Leesburg Country Club job is having the same problem. They have
laid about 500 feet of pipe in Leesburg Country Club so far.
Councilman Pumphrey asked when they will start by-passing the old
Sewer Plant. Mr. Moody said he hoped sometime in the month of May.
The contractor is five months over his extended time of October 31st
now. The penalty clause was discussed and Mr. Moody said he would
have to do some figuring on this .
Mayor Rollins suggested that Mr. Ritter write the Rust heirs and
quote the statute involved so that they will know we are not trespass-
ing by going on their property to make test borings . He suggested that
this letter be sent Certified, Return Receipt Requested.
161-
MINUTES
61•MINUTES OF MARCH 25, 1970 MEETING.
Councilman Hill asked if the money receivedC from the Federal Grant
on the Sewer Project has been invested. Mr. Ritter said it was just
received today but, if there is no objection, he will place this money
on short term investments .
Mayor Rollins asked if Johnson and Williams is going to give us a
final figure on theReferendum any time soon. Mr. Ritter said he will
keep after them. He also asked if the letter requesting extension from
the State of Maryland on the Potomac River Project has been sent. Mr.
Ritter said this was sent yesterday .
On motion of Councilman Murray, seconded• by Councilman Howard, the
meeting was adjourned at 9: 10 P.M.
,x59, elia/r
Mayor
Clerk o the Council •
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