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HomeMy Public PortalAbout1971_03_10 285- MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 10, 1971. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia, on March 10 , 1971 at 7 :30 P.M. The meeting was called to order by the Mayor, with the prayer by Councilman Howard. Those present were : Mayor Ken- neth 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 meeting of February 24, 1971 were approved as written . Mayor Rollins announced that Mr. Barnes , the County Engineer, has ' requested that the Town Council meet with members -from the County regard- ing the expansion of the County Complex: He said this will be of great intewst to the Town and there are certain items which the Town will have to consider concerning these plans . A tentative time was set for 8 :00 P.M. on Wednesday , March 17th at the Council meeting room. Town Manager Ritter reported the following : ,J (1) The material was` sent to Michie -City Publications Company yes- o terday for updating our Town Code . We have been working on this for about two years and all additions , amendments , etc . through 1970 have CD: been included. There have been five (5) sessions of the General Assembly "' ' since our Code was codified in 1963 , so any changes resulting from these Ca 'sessions will also be included . We have asked them to give us a price on supplying 15 copies of this material before we authorize them to go ahead with this work. (2) He talked with Jack Williams this afternoon about the progress on the Potomac River design plan. They have done some preliminary work on the pump station on the River, but they have done no other work be- cause he feels the Town should acquire the property first. He said he would like Council to say how they feel about this in order that he might I advise Jack Williams whether or not to proceed on the design plans . (3) He talked with Mr. Downs yesterday on the appraisal of the Rust property . He still needs some cost figures on other sales in the County before he finishes this ' appraisal , but he expects to have that one and the one on the Phillips land next week. • (4) The anniversary date of approval from the State of Maryland for the taking -of water from the Potomac is April 1st, and we are having a • letter prepared to renew this approval for another year. We have to show some progress made during the past year and we did have a successful bond referendum on this . (5) The architects on the new Hospital will be here on Friday with all plans to discuss water, sewer, storm sewer, etc . so that we can de- termine just what has to be done . The Hospital would like to pay one 'sum of money, which would include everything, such as the road (which amounts to about $15 ,000) , the storm drainage (they are willing to pay , $18 ,000 and perhaps more) , water and sewer connection fees and availa- bility charges . These items all have to be worked up in order to arrive at a total figure . This will be discussed at next Monday 's Committee - meeting . ' • (6) He has written to Mr . Crickenberger about the standpipe in Country Club Subdivision, asking that he start construction of this very soon. He has received no answer at this time . (7) A letter from Mr. Forbes , pointing out that the new Hospital will block Ayr Street, as proposed on the Major Thorofare Plan, is at- tached. You might wish to give this some consideration. (8) Next Monday, Loudoun County expects to have' its new Landfill in operation and there is a m py of the operating procedure before you. • He has discussed this with Herbert Randolph and he averages about 8 loads per week, which would be approximately 8,320 cu. yds . per year, for a total amount of $6 ,240 . If we subtract what we pay Jesse Randolph for the use of his dump after the County puts its Landfill into operation, this would mean an additional cost of approximately $4 ,000 per year. 286 MINUTES OF MARCH 10 , 1971 MEETING. (9) The Chamber of Commerce reports that they have planted two flowering crabapple trees in the Municipal Parking Lot . (10) We received an official census count today from the Research Section of the State Division of Planning. The total figure is 4,821. This gives us a 66 per cent growth in the past 10 years , compared to 51 per cent for the County. However, we still believe we have more people , but we cannot prove it . (11) There is attached to the Agenda a letter from DeLashmutt As- sociates , which contains a proposed Resolution, whereby the Town would state that it has the capacity for and would grant water and sewer con- nections for the remaining 40 acres belonging to John Wallace, et al,. on the old Airport property. This would be divided into two tracts , one of 25 acres and one of 15 acres , one on each side of the proposed Leesburg Village Associates apartments . He suggested that it might be wise to put a time limit on this . (12) The Lease with Blue Ridge Aircraft states that the Town will pay real estate taxes on the property . This wording is not in the Trans- american or Dulles leases . This has been discussed with the Town Attor- ney and he has discussed it with Mr . Hutchison . The Finance Committee has recommended that we go ahead and pay it. Mayor Rollins asked how Council feels about the proposed Hospital con- struction as it would affect Ayr Street on' the Major Thorofare Plan. Councilman Murray explained that the Planning Commission discussed it but reached no solution. It would go into Catoctin Circle on the north side, as proposed on the Plan . Mayor Rollins wondered if there might be some possibility of its hooking into the new road into the Hospital. After further discussion, Mayor Rollins appointed the following committee to study this matter and make a recommendation to Council as to what should be done and then perhaps we can approach the Hospital. Mr. Hill was ap- pointed Chairman of this Committee , with Councilman Murray, Mr. Ritter, Mr. Moody and Mr. Hunter Leach serving as members . Mr. Ritter said the ' Hospital was aware of this street on the Major Thorofare Plan and so ' was the architect . The request by DeLashmutt Associates for a resolution regarding sewer and water connections for the remainder of the Wallace property was discussed at this time , with Mr. William Chamberlin representing this firm. Mayor Rollins asked the status of the Ordinance concerning the con- tribution, to be paid by developers for off-site drainage . Mr. Moody said he is working on it now and it should be ready by next Council meeting. Mayor Rollins asked the Utility Committee to consider this proposed reso- lution at its meeting and put it on the Agenda for the next regular meet- ing. Councilman Wallace said he had received numerous complaints about trash along Catoctin Circle , which .is on private property. Mr. Ritter said we do not have an Ordinance covering trash on private property. Councilman Howard called attention to a tree that should be removed at the corner of Edwards Ferry Road and Harrison Street . This tree cre- ates poor sight distance and there have been accidents at this location. Mr . Ritter said he will check on this . Mr. Howard also called attention to bad holes in the street next to the A & P Parking Lot. Mr. Ritter said the Town crew would take care of these tomorrow if weather permits . Councilman Pumphrey asked if there had been any further study on t gutter in front of the Yates property. Mr. Ritter and Mr. Moody both reported that they have been working on this and should have something on it by Monday 's committee meeting. Councilman Murray said that, with regard to the Town having to pay taxes on Town-owned, but rented, property in the County, he did not be- lieve we ever charged the County taxes on the property which they own but rented to Sam Legard and Jim Tyler in the old County Office Building. There was a great deal of discussion regarding this tax question. 287 MINUTES OF MARCH 10, 1971 MEETING .. • Mayor Rollins asked if Mr. Martin and Mr. Forbes have had a meeting yet concerning the issuance of Building Permits . Mr. Forbes reported that a meeting had been set up with the County Director of Planning and the Commonwealth 's Attorney but, due to the death of Gen, Devine, this meeting has been postponed. • Mayor Rollins also asked if there has been anything further on the Potter 's Field case. Town Attorney George Martin said it will be set for trial on April 12th. Mayor Rollins also reported that Attorneys Stilson Hall and J. Sloan Kuykendall are representing Mr. Elder and Mr. McDonald. He has set this to come before the Laws and Administration Committee on the 30th of March - he thinks the Committee should hear this before it comes to Council. • Mr. Rollins also asked who decides where Speed Limit and other signs are placed.. He has received complaints about a sign at Morven Park Road which creates a sight problem to the west . Mr. Ritter said he will look into this . Mr. Moody reported that they are trying to wind up the Treatment Plant contract with English Construction Company . He said they will go over the "punch list" and he feels that, if the contractor finishes up the work inside , we can pay him the amount we are retaining. Councilman =� Howard asked about theenalt for the• over-run on• time . ' Mr. Moodysaid we will still hold enough money on this until he submits a final rqui- sition - then we will go into this matter. Mayor Rollins asked if we will need an additional appropriation for the use of the County Landfill. Mr. Ritter said we probably will, but we will not know exactly how many loads he will take out there . Mr. Don • ald Fisher, an employee of the County, said that Jesse Randolph 's dump will be closed after Marth 15th unless he converts it to a landfill. He sent a letter to the County the 1st- of January saying he was going to close down January 1st to prepare for this , but they have heard nothing more from him. Councilman Pumphrey said he could see no reason for the Town to pay the County as long as we can use Jesse ' s dump. Councilman Wallace suggested that the Town Attorney look over the contract on this . Mr . Ritter explained that this was 'done under two contracts , one with Herbert Randolph for hauling, and the other with Jesse Randolph to dump on his property . Mayor Rollins asked how, Council wishes to proceed on the Potomac River Project . Councilman Murray believed we should get the land before we instruct Johnson and Williams to go ahead with the drawings . Council seemed to be in agreement with this . On motion of Councilman Wallace, seconded by Councilman Howard, the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $197 . 76 - Real Estate Taxes to County of Loudoun for Blue Ridge Aircraft . Airport Fund. 200.00 - Wendell Kline for appraisal on Rust property - $150, 1969 Bond Issue ; and appraisal on Phillips land - $50, General Fund-Capital Outlay . Councilman Murray said he could not go along with the first item on this resolution. He feels that we should take an official position by way of addressing a letter to the County, stating that the Town takes the po- sition that reciprocity exists here where the Town has never charged the County for County-owned property rented to individuals , wherein this is the same situation that the Town has leased property at the Airport which is owned by the Town , with provisions in the lease that the Lessors were not responsible for the taxes , and request that the taxes be waived in the case of the $197 . 76 involved. Mayor Rollins suggested that this be put on the next Agenda as a resolution. Further discussion followed 288 MINUTES OF MARCH 10, 1971 MEETING.. regarding the taxation by the County of Town-owned property and vice versa . On motion of Councilman Pumphrey, seconded by Councilman Orr, Council voted unanimously to amend the above resolution by deleting the $197 . 76 appropriation for real estate taxes to the County of Loudoun for Blue Ridge Aircraft and to send this matter back to the Finance Com- mittee for appropriate action. The second appropriation under this reso- lution 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 the following appropriation be made : . $2,474 .50 - Maryland Excavators , for work on Semones- Durfey Sewer . (Partial) . General Fund . Capital Outlay-Storm Sewer Construction.. Mr. Ritter explained that this would leave only $610 and, if this is ap- propriated tonight, he will hold it until Maryland Excavators completes ' some other work on this project . There is work to be done on the drive- way, on;. the -brick gutter, on smoothing up the grassed area and some other ' items . Mr. Nicholson wanted the Town to finish up this work and it was discussed, but the committee took the position that he should be responsi- ble for. this work. Therefore , he thinks we should hold back enough money: to complete the job, probably $ 1,000 would do everything. We do have a Bond in the amount of the contract. He said the Brownriggs have been extremely cooperative and he thinks we should get this work finished up as quickly as possible . On motion of Councilman Orr, seconded by Council- man Pumphrey, Council voted unanimously to amend this resolution to de- lete $1,000 of this appropriation to Maryland Excavators , making the a- mount to be appropriated $1,474.50. . The motion, as amended, was then unanimously adopted. Councilman Hill asked if Mr. Nicholson plans to finish this work. Mr . Moody said he would try to contact him tomorrow to go over the items to be completed. He said he knew his old foreman is not working right now and he would think he could do this work. On motion of Councilman Hill , seconded by Councilman Murray, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town _of Leesburg , that the Town Manager be authorized to have the flow meters changed at the Sewer .Plant, at a cost of $515 . Mr. Moody explained the reason for this change. Johnson and Williams de- signed the flow meters for a very large expansion . The meters are too large and so are the charts which record the amount of sewage going through the Plant . They are so large that they are recording on only 5 per cent of the chart , and we should be using 20 to 90 per cent of the chart, which would give much more accurate results . He felt this money would be .well spent . After much discussion on this matter, on motion of Councilman Wallace , seconded by Councilman Orr, the following amendment was presented : AND BE IT FURTHER RESOLVED that the cost of the above flaw meters be deducted from the final payment to Johnson and Williams for the engineering fee on the Sewer Plant . Councilman Wallace felt that this was poor engineering , and Councilman Mur- ray questioned Mr. Moody about his being partially responsible for this mistake since he was the inspector on the job. Mr. Moody said he calle this to Johnson and Williams ' attention one time , but he _feels that any engineer is entitled to a few mistakes . He said this would be a contin gency item. A roll call vote defeated the above amendment by 5 to 2, with Councilmen Wallace and Orr voting for it . Mr. Ritter explained that we will need more laboratory equipment than we had anticipated and he does not feel this is absolutely necessary . He thinks we should delay it until we find out how we are going to come out on other items at the Plant . The original resolution was then defeated by a roll call vote of 5 to 2 , with Mayor Rollins and Councilman Hill voting for it. 289 ' MINUTES OF MARCH 10, 1971 MEETING. Councilman Wallace asked that Council members remain for a short session to discuss an administrative problem after the meeting. On motion of Councilman Orr, seconded by Councilman Wallace , the meeting adjourned at 8 : 50 P.M. Clerk of he Council M• ayor • "J O • •