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HomeMy Public PortalAbout1970_12_09 253 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1970 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia , on De- evbYr (ittA97PeaArg,;NI & MC uaglgStA8gaYids c a b2ege�grwktethe ygr . /kennetH B . Re ins , Councilmen G. Dewey ii , Frederick R. Howard, Walter F . Murray , Robert A . Orr and John A. Wallace , Jr. ; also Town Manager James W. Ritter , Jr . and Town Attorney George M. Martin. Absent from the meeting was Councilman John W . Pumphrey . The Minutes of the meeting of November 25 , 1970 were approved as written . Colonel John P. Valentine , Administrator of Loudoun Memorial Hos- pital, exhibited and explained to Council a plan of the proposed new Hospital facility , including the road between Cornwall Street and the Hospital buildings . It is proposed that this road would be a four-lane road with a median strip , which would be landscaped. He said the_Hos-: :i pital 's architect believes the Town has more problems in building their road between Cornwall and Market Streets and suggests that the Town lo- cate its road first, then they will locate theirs accordingly . Colonel Valentine explained how they plan to utilize the new building and the old. It is expected that they will break ground in April or May of 1971 . Q The parking lot is designed for 277 cars , or approximately 22 cars per bed. All rooms in the new building will be either private or semi-pri- vate and it is estimated that the total cost of the new facility will be in the area of $5 ,000 ,000 . It is hoped that they will have close to $3 ,000,000 at the beginning of construction, leaving $2 ,000 ,000 to be raised by other means . There will be interest available on the Fox fund and other money that has been contributed over the years . Any funds raised by the public will be matched by a like amount from the Fox fund. Town Manager Ritter reported the following: (1) Concerning the land needed for the Water Filtration Plant on the Rust property, we made an offer last March in the amount of $15 ,000 , - ' which was based on the approximate amount VEPCO paid through condemna- tion for 42 acres , which amount was $8 , 798 , or roughly $2 ,000 an acre . We offered around $2 , 200 per acre , which does not include the easement needed for the road. He said he thinks Council should give serious con- sideration to selling the 1 .5 million dollar bond issue . A brochure from State Planters in Richmond states that more money is available now than has been for some time . On A-rated bonds for a 20-year period, the average is now around 5 .45 per cent , and you never know what will happen with the bond market . (2) Regarding the Hospital Road, the former appraisal was based on a 60-foot right-of-way . It is now planned to change this road to a 70 ' right-of-way , with a median strip in the center . We have a report from Walter L . Phillips on the storm drainage from the Town Branch to the top of the watershed- at Ayrlee , and have now found out who owns what in this area concerned. This will to discussed at the next Street Committee meeting. This is a pretty big and expensive job and the construction of the new Hospital and parking lot could cause considerable additional drainage problems . (3) We have received a study from the Health Department called "The Dry Mill Subdivision Environmental Health Survey ," the primary pur- pose of which was to determine the condition of the drainage fields in that area . He read portions of this report and the recommendations of the Health Department and stated they have started making a study on the cost of extending the sewer line from the Golf Course to Dry Mill Sub- division and hope to have something on this next week . Mr. Moody reported that some progress has been made at the Sewer Plant . The motor is in on the #1 primary clarifier and the doors on the chlorine room are up, but we still lack some hardware to operate them, but at least we can close them. The Plant is doing very well since the 'second clarifier has been put into operation - we are getting a better treatment than before . He has not had a chance yet to find out where the oil was coming from. The main thing left to be done at the Plant is to get the laboratory in shape so that they can make all the required tests . 254 MINUTES OF DECEMBER 9, 1970 MEETING . On the Valley View Ave . Sewer Line , the Townihas about an $8 ,000 savings due to the fact that they have hit no rock. They are making good progress on this job and should be practically finished by next Friday. We will have them surface treat the cut and backfill areas ; then in early spring they will put the pavement back in good shape - the weather is getting too cold to do otherwise now. The 12" water line at the By-Pass is coming along fine and is practi- cally all the way across . They are making the last encasement now. The contractor would like to put a pressure test on this line before he ties it into the other line . Work on the Semones-Durfey Storm Drain has been started and it is hoped to get most of this line finished before real bad weather sets in . He will be getting started on the Hospital Road survey very shortly now. Mayor Rollins appointed William F . Webb to serve on the Board of Architectural Review from the Planning Commission, in place of Paul McDonald, resigned, said appointment to be for a one-year term, to end on December 31 , 1971 . He also pointed out that there will be two va- cancies on the Planning Commission at the end of this year, therefore, there will be two appointments to be made by the Council at its next session, each term to be for a four-year period . Mayor Rollins turned over to the Town Manager two checks from Mrs . ' Helmi E . Carr, one in the amount of $23 ,350, payable to the Town of Lees- burg , the other in the amount of $1,000 , payable to Science Foundation, Inc . He said he understood that Mrs . Carr is of the opinion that the storm pipe left over from the Edwards Ferry Road Project was to be hers and she did not receive it , therefore , her check to the Town is $1 ,000 less than her agreed amount . Mr . Ritter explained that Mr . Bozel advised him several months ago that Mrs . Carr was under the impression that she would get the pipe that was left over, however, he knew nothing about it and, as far as he was concerned, this pipe belonged to the Town. When the job was completed, the Town took the pipe and it is all in stock, with the exception of one piece about 40 feet long, which was used at the Sewer Plant on the easement there . He said he would place the value of this pipe at about $ 1,000, but he did not know on what basis she believed she should receive it . Councilman Hill said Mrs . Carr had called him this morning and he was not aware of any agreement regard- ing this pipe . He told her he did not see why any overage of pipe could not be worked out between the Town and her . If the contractor had taken the pipe , it should have been deducted from his price - if he ran over, he felt this was something that could be worked out . Councilman Wallace said Mrs . Carr had an Agreement with the Town, which Agreement did not include anything about this pipe . Councilman Orr agreed with this . Mr. Ritter said we paid the contractor for the pipe . He asked Mr. Bozel if he might explain this situation any further. Mr. Bozel said that there had been an error of 72 feet in ordering the pipe . This was large size pipe and Mrs . Carr took the position that, since she had been very liberal in her donation towards this road, she could use the pipe and she wanted it . The pipe laid on the road for a while , and he suggested that it be hauled away before someone else took it . The Town paid the contractor for the actual cost of the pipe , which was approximately $18 to $20 per foot. The pipe was left over due to the fact that they had to shorten the line because of the gas line and they , therefore, had to end the storm drain- age structure just below the gas line . Mr. Ritter asked if this amount of pipe was figured into the job when Mrs . Carr 's proportionate share was figured . Councilman Wallace said there was another landowner involved also and he believed everybody involved should divide the cost of the pipe . He said he did not think this was right and the pipe left over amounted to approximately $ 1,400 . Councilman Murray agreed' that it should be divided proportionately . Mr. Ritter said Mrs . Carr had never spoken to him about this at all . It was the general consensus of Coun- cil that this money should be rebated to all people concerned. Mr. Bo- zel said that Mrs . Carr put about $75 ,000 into the Road - she cut a ditch that the Town would have to have done . Councilman Murray recommended that the Town Manager and Engineer determine the total amount of pipe left over and that a motion be presented for the next meeting that the KKAW KKAYek 255 MINUTES OF DECEMBER 9 , 1970 MEETING. moneys be rebated proportionately to the two parties contributing toward the road, with the Town keeping the pipe . He recommended that the Street Committee take up this matter at its next meeting and that the check for $1 ,000 be returned to Mrs . Carr with a letter stating that the Committee will take up a pro-rata rebate on the pipe at its next meeting. There was no objection to this being done . Mayor Rollins suggested that she come to this meeting to express just what she wants . Councilman Wallace asked where we stand on 2nd Street. Mr . Ritter said it should have been done some time ago, but there was an asphalt shortage at that time . When the contractor could get asphalt , we had a period of rain and nothing could be done . Mr. Bozel said Tri-County still has hopes of doing it this year, however , Mr . Ritter said it is getting pretty cold to put asphalt down. The road is ready to be sur- faced though . Mr . Wallace said he thinks it should be done. Councilman Wallace also suggested that a special meeting be set up to discuss the procedure to be followed on the Bond Issue in order to try to sell the bonds shortly . He also asked that Mr . Ritter have a run- down prepared on the Town ' s business licenses for the first Finance Com- mittee meeting in January so that they might know where they stand and c0 what should be done to up-date these licenses . He asked if the Income Tax Return for 1969 had been received from the Airport . Mr . Ritter 0:^ said it had not . Councilman Wallace also said he thinks Council should give some • serious thought to the existing condition at the east corporate limits on Route 7 . This is a bad situation coming either east or west in the evenings - traffic is backed up to the old By-Pass intersection every evening . He said the Street Committee took no action on this and he would like this Committee to discuss this and come up with some recom- mendation. There is still a possibility of getting some urban funds and something should be done about this situation . Councilman Howard asked if we are fully staffed at the Sewage Treat- , ment Plant now. Mr. Moody said we have four operators , with one as an Acting Chief Operator , and we are in pretty good shape . Councilman Orr asked if the Street Committee has considered doing anything with the strip of land where the Railroad tracks were on Valley View Ave . He said everything else on this street is hard-surfaced and this will be a mudhole this winter . He suggested that the Street Com- mittee consider doing something about this , it is not a major job, since it is only about 40 yards long . Mr. Ritter said it is not in shape to be black-topped and we did fill the holes with gravel a couple of days ago . He suggested that we keep it filled with gravel this winter and put it on the resurfacing schedule for next year. Also , he said we have no easement across this land . Councilman Howard said they plan to try to get this easement. Councilman Hill said he thought we had the right of eminent domain in this case . • Mayor Rollins asked the situation with the pumps in the Leesburg Country Club area . Mr . Moody said the manufacturer is to come to see what they can do to put them in operation. Mayor Rollins also asked when they will erect the stand tank. Mr. Ritter said he has not said: Mayor Rollins also asked about the Royal Street Well, if it is now in operation. Mr . Ritter said he did not know there was anything wrong with the Well and that , as far as he knows , it has been working all the time. He said they did have some trouble with the meters and had to shut it off to repair this . Mayor Rollins commented that Paxton Well had pumped a great deal of water for several days . On motion of Councilman Howard, seconded by Councilman Hill , the following resolution was offered : WHEREAS , the Town of Leesburg is in need of land on which to build a Water Filtration Plant on the banks of the Potomac River , and WHEREAS, a resolution was adopted by the Town Council on Febru- ary 11 , 1970, making an offer of $15 ,000 to Mr . J . Paul Scheetz , who represents the Rust interests , for 6 . 8526 acres of land for a Water Treatment Plant and 0 . 7723 acres of land for a 50-foot wide easement , as shown on plat prepared by Johnson and Williams dated November, 1969, and .x 256 MINUTES OF DECEMBER 9, 1970 MEETING. WHEREAS, the Trustees of the Rust land refused the $15 ,000 offer and, in a letter to Town under date of March 4 , 1970, . stated that $35 ,000 is a fair and reasonable figure , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that a professional appraiser be appointed to establish a fair market value of the above parcel of land. There was discussion on this resolution, with Councilman Orr asking if we can make an offer for less if the appraisal should be less . Town At- torney Martin said we did not jeopardize our position by making the original offer of $15 ,000 . On motion of Councilman Orr , Council voted unanimously to amend the resolution to read "that two (2) professional appraisers " The motion, as amended, was then unanimously adopted. Council agreed that H . Wendell Kline and N. McKenzie Downs be employed to make these appraisals . On motion of Councilman Orr, seconded by Councilman Hill, the follow- ing resolution was unanimously adopted : WHEREAS, an offer of $8,880 .00 was made to Lucas D. Phillips , et al on September 25 , 1970 for the purchase of 9. 5922 acres , of land needed for a new street between Market Street and Corn- wall Street , and WHEREAS, the property owners were notified that the offer shall be accepted or rejected within 30 days from date of receipt , and WHEREAS, no answer has been received from the property owners , and WHEREAS , said offer was based on an appraisal by H. Wendell Kline, dated April 8 , 1970 , and WHEREAS , said appraisal and offer was based on a 60 ' right-of- NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that H. Wendell Kline be requested to make another appraisal of this land, based on a 70 ' right-of-way , which would provide a 10 ' median strip, and BE IT FURTHER RESOLVED, that an appraisal be made by a second professional appraiser . Councilman Orr asked at what stage the Town can go on the property if it is to be condemned. Town Attorney Martin said we would have to have professional engineering plans prepared before condemnation proceedings are instituted and then you apply for "early taking" at the time the pro- ceedings are instituted . He also pointed out that the Town will have to put up either a bond or cash deposit . Mr. Ritter said he believed this road would have a 10 foot median strip , with sidewalks on both sides of the road. It was agreed that H . McKenzie Downs be the second appraiser. On motion of Councilman Howard, seconded by Councilman Wallace , the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of .Leesburg , that the parking meters on the Municipal Parking Lot be bagged from December 11 to December 25 . It was suggested by Councilman Hill that the street meters , which will not be bagged for Christmas , be checked before parking tickets are given. The Times-Mirror representative indicated that the newspaper would ex- plain this . Mayor Rollins asked the Council 's pleasure regarding the selling of the 1 .5 million dollar bonds . Councilman Wallace expressed his desire to have a special meeting regarding this matter . Mr. Ritter said that 257 MINUTES OF DECEMBER 9, 1970 MEETING. - HUD in Philadelphia has said they are considering our application and will let us know if we should make a formal application . Mr . Wallace believes we should put the bonds out for bids . Mr . Ritter said Mr. Williams -could be designing the Plant, but we have not pushed him on it . This matter was discussed and it was decided that Mr. Ritter should call Mr. Williams and ask him to be present for the next Street Committee meet- ing at 4 :00 P.M. on Monday , December 14th, with the other members of Council to be present at this meeting, and the meeting to be held in the Council Chambers . They asked that Mr. Williams give them a status report on the plans so that they know when the bids will be ready to go out for construction and when we should try to sell the bonds . On motion of Councilman Howard, seconded by Councilman Murray , the following resolution was unanimously adopted, with Mr . Ted Jackson being the only nomination for this appointment : WHEREAS, the term of office of Ted Jackson as a member of the Leesburg Board of Zoning Appeals expires on December 31 , 1970, and WHEREAS, appointments to this office are made by the Judge for CO the Circuit Court of Loudoun County, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg , Virginia , that the name of Ted Jackson be and the same is hereby recommended to Judge Snead for reappointment to the Leesburg Board of Zoning Appeals for a term of five (5) years , to expire on December 31 , 1975 . There being no further business , the meeting adjourned 'at 8 :45 P.M. = 6 / Mayor Cle , of the Council