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HomeMy Public PortalAbout1971_11_24 MINUTES OF REGULAR MEETING OF •LEESBURG TOWN COUNCIL, NOVEMBER 24 , 1971. A regular meeting of the Leesburg Town Council was held in the Coun- cil Chambers , 10 West Loudoun Street, Leesburg, Virginia on November 24, 1971- at 7 :30 P.M . The meeting was called to order with a prayer by the Mayor. Those present were : Mayor Kenneth B. Rollins, Councilmen G. - Dewey Hill, Walter F . Murray, C. Terry Titus and John A. Wallace, Jr. ; • also Town Manager James W. Ritter, Jr. Absent from the meeting were Councilman Robert A. Orr and Councilman John W. Pumphrey . The Minutes of the regular meeting of NoveMbe 10, 1971 were corrected on Page 5, Line 3 , to read "Councilman Titus said he feels he should be a P.E. " The Minutes of the regular meetings of October 27 , 1971 and No- vember 10, 1971, along with the Minutes of a Special meeting of November 18 were then approved, with this one correction. Mayor Rollins informed Council that the Board of Supervisors would like to meet with Council members regarding the subdivision control mat- ter at dinner at Goose Creek Country Club on Wednesday night, December 1st, at 5 :30. He asked that the Town Manager and the Planning Director also try to attend this meeting . yr Town Manager Ritter reported the following : O r' (1) The appropriatiocs in Item 1 on the Agenda that come out of rte- the 1971 Bond Issue refer to the $650 ,000 Bonds recently sold. - The t bonds are being printed and we will receive the money around the middle of December. (2) The Performance Bond on Rock Springs, Section 1-C, has been approved by the• Town Attorney . (3) HUD called and explained that we do not have enough points in certain categories to qualify for a Federal Grant on our Potomac River Water Project . They will write a letter outlining what we lack. (4) At the last meeting , he• reported that we had received two calls from the State Planning Department , both stating that we had no chance of getting any "701" money this year or next . As a result of this , he called Bob Kirby, Director of State Planning, and set up a meeting with him for Wed gsday, December 1st , at 1 :00 P.M. Joe Lake from Greenhorne & O 'Mara will/with him. (5) He has received proposals from both Johnson and Williams and Dewberry, Nealon and Davis on making a study of our water distribution system and these proposals will be studied at the next Street Committee meeting . (6) Bids were opened on Monday, November 22nd, on the Hospital Road project. There were only three bidders and these bids were as follows : Perry Engineering Company $224, 774. Sullivan Mechanical Company 228 ,280 S. 0 . Jennings 289,980 A contract has to be entered into with the successful bidder within 10 days after the bids are opened, with the contractor to begin work within 15 days after the award and the work to be completed within 180 days . In comparing the low bid with that estimated, it comes very close, and they would like to award the bid to Perry Engineering Company. He has a letter from Dewberry , Nealon and Davis recommending this . There are several easements to be secured yet . Lucas Phillips has prepared the deed on the 'right-of-way for the street and has sent it on to Mr. Edwin Brown. The Carrie Smith easement is to be secured yet. Lucas Phillips is the Trustee on this . Also, the Mt. Olive Baptist Church and the Fire De- partment easements are outstanding , neither of which should present any problem. On the Bastein easement, he has been talking with his attorney, Mr. James Goodman, and he has advised Dr. Bastein to ask for the Town to extend the line all the way across the back of the property. This would. - take another 350 feet of 85"x40" pipe , at a cost hf $22,495 . It looks like they are going to run into some problems on this easement, however, they can begin on the sanitary sewer - there is no problem on this . They will have to start at the Town Branch on the Fire Department land and go up to Cornwall Street. .62 MINUTES OF NOVEMBER 24 , 1971 MEETING. (7) We still have several outstanding easements on the Douglass Relief Sewer Project . Mr. Rust is having Perry Engineering Company prepare a project to take care of storm drainage through his property . He wants th . Town to abandon the easement on the western end o'f his property, which . means we would have to relay about 350 feet of line paralleling Rt . 7 . We would have to reverse this flow so that it would all flow to the east and go down the new easement . This would cost_ around $8,000. We went over the School Board easement with Mr. McKay, Superintendent of Buildings, and we don ' t anticipate any trouble on this one . VEPCO will put theirs on the Agenda for their next Board meeting on December 18th. He said this project should go forward pretty soon, especially since they are proceeding with construction of the apartments on Edwards Ferry Road and we would like to get this sewer in ahead of time . (8) He expects to have a proposal from Southern Line Cleaning on the infiltration problem by next Monday . (9) The street lights on Dry Mill Road have been turned around and VEPCO expects to start moving the poles back in, February . (10) He wrote the letter to Mr . Steffey regarding the sewer line needed through his property and he answered through Mr. Frank Hyde, his : attorney. Mr. Ritter read this letter, which, in essence, stated that Mr. Steffey will not consent to any easement at this time or in the very. near future . (10) Mrs . Patsy Branan has been hired as the new Police Clerk and will report for work on December 1st . Also, Mr. Juan Chaves , the new Director of Public Works , will report on that date . (11) The final documents on the Sewer Plant Project were received from Johnson and Williams yesterday and they will be reviewed for final payment at the next Street Committee meeting . Councilman Titus asked if there is any chance of getting the aerial sewer on Country Club Drive fixed as soon as possible . Mr. Ritter sai he was waiting for Mr. Chaves to get his ideas on this . He does not feel there is any danger of its falling . Councilman Titus also sa'id' he recognizes the problem on the Tiffany- Rust easement, but questions whether it is worth $8,000 to $10,000. He said perhaps we should get an appraisal on the easement as it is and see what it would cost us with no hold-up . He feels that we should probably do the same on the Bastein easement , it is ridiculous to expect the Town to take this drainage all the way through their property. Mr. Ritter agreed with this and believes both of these easements should be appraised. Mayor Rollins asked if Southern Line Cleaning Company is just one that Mr. Ritter has selected. Mr. Ritter said he thinks we should have at least two companies give us a cost figure for comparison . This one is one of the three largest outfits in the country . There are few that do this work, several sell the equipment , but he does not think we- should buy this . He believes we should let a firm do the work that has the know-how. A one- time situation should last us a long, long time. Mr. Ritter said he ex- plained to this man the normal flow at the Sewer Plantaand the fact that, in times of flash floods and the like, the flow increases to as much as six times the normal amount . Before this man made any comment , he went out and looked at it with Mr . Peach and, when he came back, he had al- ready found several places that could be giving us trouble . Outside areaway drains and holes in manholes are two of these. He explained that their process includes taking pictures every two feet and, if the picture shows defects , then they start the process• of sealing it up an then run another line of pictures to see that they have caught the lea . His rough estimate was around 40 to 45 cents a foot and they could prob- ably do around 800 to 850 feet a day. We are talking about several thous- and feet of line . He named some of the trouble spots as Harrison Street, out Edwards Ferry Road to Rt. 7 , around Dry Mill Road, paralleling the creek and possibly Tuscarora from Evergreen Mill Road all the way to the Plant. Councilman Titus asked if the Town would have forces to repair in case a piece of pipe should be found completely disintegrated. Mr. Ritter said they would have to. Mr. Titus said he had asked about the possibility of renting this type of machine, as was done in Fairfax, but he was not very hopeful on this . Mr. Ritter said they were talking about 8 to 10-inch lines . Mr. Titus said Fairfax admitted they did not know what they were doing to start out with. Mr. Ritter said the Cues Company quoted a price of around $30,000 for a machine that will correct this situation . Councilman Hill asked if this is a TV camera or a regular one, however, this question was not answered. 63 MINUTES OF NOVEMBER 24, 1971 MEETING. Mayor Rollins commended Brett Phillips on his article on the Lees- burg By-Pass . On motion of Councilman Murray; secondedby Councilman Wallace, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council' of the Town of Leesburg , that the following appropriations be made : $2 ,902 .50 - Dewberry , Nealon and Davis - Design of Douglass Relief Sewer. 1971 Bond Issue . 20.00 - Dewberry, Nealon and Davis - Review plans on Sattley Subdivision . General Fund. 9,000.00 - Dewberry, Nealon and Davis - Design of Hospital Road Project. 1971 Bond Issue. 5 ,800.00 - Dewberry , Nealon and Davis - Master Sewer Plan Study . Utility Fund - Capital Outlay. 60.00 - Dewberry, Nealon and Davis - Review of Mother Goose Pumping Station. Utility Fund-Capital Outlay. `=- 80 .00 - Dewberry, Nealon and Davis - Review of Virginia Knolls , Sec . 3 Plans . General Fund. 415 . 30 - Dewberry, Nealon and Davis - Organize and prepare Cover Sheets . General Fund . 10.00 - Dewberry , Nealon and Davis - Review of Crestwood Hamlet Plans . General Fund. 292 .50 - Dewberry, Nealon and Davis - Study of Storm Sewer at Edwards Ferry Road. General Fund. 40.00 - Dewberry, Nealon and Davis - Review of Leesburg Manor Plans . General' Fund. 36 .00 - Town Seal Organization Chart . General Fund. 114 .00 - The Evening Star - Proposal forHospital Road Contract . 1969 Bond Issue, to be reimbursed from 1971 Bond Issue .' 451.54 - The Bond Buyer - Advertisement for $650,000 Bond • Sale. 1969 Bond Issue, to be reimbursed from 1971 Bond Issue. 210 .00 - Martin, Riemenschneider & Murtaugh - Preparation of 14 storm drainage and sanitary sewer easements @$15 .00 . 1969 Bond Issue, to be reimbursed from 1971 Bond Issue . 307 .50 - Martin, Riemenschneider & Murtaugh - Professional Services rendered on Phillips , Brown & Altizer case 10.25 hours @$30 .00 . 1969 Bond Issue, to be reim- bursed from 1971 Bond Issue . 9 . 30 - A & E Blueprinters - Printing expenses during months ' of August & September. 1969 Bond Issue . On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriations be made : $ 97 . 92 - Richmond Times Dispatch - Proposal for Hospital Road Contract. 1969 Bond Issue , to be reimbursed from 1971 Bond Issue . 1, 200.00 - Airport Markings , Inc . Repainting centerline . Streets - Painting Centerline. Mr. Ritter explained that the 1969 Bond Issue will eventually phase into the 1971 Bond Issue . 61 MINUTES OF NOVEMBER 24, 1971 MEETING. Mayor Rollins asked if the Street Committee had given Dewberry, Nealon and Davis the go-ahead to complete the design of improvements at Catoctin Circle and Route 7 . Mr. Ritter said this was discussed the other day and the Committee agreed that he should go ahead with what he had suggested. Councilman Hill said they were going to try to get the extr width from the Oil Company . Mr. Ritter said he has written to the Oil Company, but has received no reply yet . This would require 20 feet. Mayor Rollins also asked who Mr. Ritter has been talking with about the American Oil Company easement. Mr. Ritter said he' had been talking with the same man who handled the last easement . They do not want to-1 let us have the easement at all, stating that it will interfere with their future expansion . We already have one easement through their property for the Tuscarora Interceptor . On motion of Councilman Wallace , seconded by Councilman Hill, the following resolution was unanimously" adopted : WHEREAS, the Council notes with the deepest sadness the death of George Eugene Ward, Treasurer of the Town of Leesburg , on November 3 , 1971 , and WHEREAS, George Ward occupied the Office of Treasurer for 20 years with great distinction and ability , and at all times brought to this most important position trustworthiness and integrity , which was recognized by all, and WHEREAS , George Ward keenly participated in the affairs of the Town of Leesburg , and WHEREAS, the death of George E . Ward has deprived' the Town of an officer of high character, courage and ability, NOW, THEREFORE, BE IT RESOLVED by the Council for' the Town of Leesburg , that this Council declares its sorrow at this tragic and sad moment , and extends its sympathy to the widow and family of George E . Ward, and BE IT FURTHER RESOLVED by the Council for the Town of Leesburg, that this resolution of respect be spread upon the Minutes of this meeting, and that a copy thereof be sent to the widow of Mr. Ward, and a copy be forwarded to the Loudoun Times-Mirror and Radio Station WAGE. Mayor Rollins asked if anyone has studied the Zoning Ordinance for the County, on which there is a Public Hearing next Wednesday . He be- lieved anyone having any feelings on this should be present and make them known . He expressed his concern over the land east of Goose Creek being zoned for 3-acre lots . Councilman Titus said the Ordinance is too gene- ral and arbitrary . This matter was discussed by Council members further. On motion of Councilman Titus , seconded by Councilman Hill, the fol- lowing resolution was proposed : WHEREAS, K & M Construction Company is preparing to construct the east half of Washington Street, plus 5 feet west of center line in front of the Mayfair development for a distance of 389 feet, in accordance with plans approved by the Town of Leesburg, and WHEREAS , K & M Construction Company has presented to the Town a cost estimate on completing the construction of Washington Street to full width, with curb and gutter on the west side, in the to- tal amount of $3 , 270 .50, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that authorization be given to K & M Construction Company to proceed with the completion of this street to full width for the sum of $3, 270 .50. 6 5 MINUTES OF NOVEMBER 24 , 1971 MEETING. Councilman Titus asked who constructs the curb and gutter when the cul- de-sac is abandoned. Mr. Ritter said that , up to this time , the Town has been successful in seeing that the developer does this . In this par- ticular situation , we could tell Walter Phillips that he could build this . Councilman Hill said he doesn ' t like the fact that we are making them do more work than the people on the other side of the street, but we have no tool to make the property owners on the other side do this work. He sug- gested that this be discussed with Mr. Whitmore. Mr. Ritter explained that there was an existing right-of-way and subdivision which had been there for a long time . K & M didn ' t have to build anything, but they were willing to do at least half of the street and it is a good investment for them - they can get more money for their houses . He may not be able to do anything in the face of the present weather. The resolution above was then unanimously adopted. Mayor Rollins asked if soil tests have been done on the Hospital Road. Mr. Ritter said this will have to be done before the base is put on and it will be one of the last things . The sanitary and storm sewers will be installed first . On motion of Councilman Wallace , seconded by Councilman Murray, the Gfollowing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, ra that Performance Bond on Rock Springs , Sec . 1-C, in the a- C mount of $22, 944 .00 be approved, and BE IT FURTHER RESOLVED, that applications for extension of water and sewer mains to serve Sec . 1-C be approved. Mr. - Ritter said Mr. diZerega will be billed for off-site sanitary and storm sewer. On motion of Councilman Titus , seconded by Councilman Hill, 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 have the American Oil Co. property appraised for sanitary sewer easement needed a- cross their land, in connection with proposed construction of Douglass Relief Sewer. Councilman Titus asked if Council did not feel that the Tiffany land should be appraised at the same time, calling attention to the fact that Perry Engineering Company is designing a storm sewer through this property . He felt it would be a smaller expense to have both of them done at the same time, especially in view of the proposed cost to the Town to reverse the line . Councilman Hill suggested that perhaps we could sell them the easement for the cost of what we have to do on Route 7 . Mr. Ritter said they place a very high value on this property . He also said a 21" line should take care of everything , but we do not know what might happen over the next 20 years . He said he would like to keep it but, if it is a bargaining point, perhaps it is worth checking into. Councilman Hill said he feels it is a negotiable proposition . It was Council ' s in- formal position that, if we are going to vacate the easements , we want to be paid what it will cost us to reverse the flow. On motion of Councilman Wallace, seconded by Councilman Murray, the following three (3) resolutions were unanimously adopted : (I) BE IT RESOLVED by the Town Council of the Town of Leesburg, that Resolution adopted on March 12, 1969, designating Peoples National Bank as depository for account in the name of "Town of Leesburg , Virginia , ' be amended to show the Treasurer as W. Emory Plaster, Jr. , and the Deputy Treasurer as Margaret G. Buchanan , effective November 11 , 1971 . MINUTES OF NOVEMBER 24 , 1971 MEETING. (2) BE IT RESOLVED by the Town Council of the Town of Leesburg , that Resolution adopted March 12 , 1969, designating First & Mer- chants National Bank as depository -for certain accounts of the ' Town of Leesburg , be amended to delete "Leesburg Municipal Air- port" account, and BE IT FURTHER RESOLVED , that the Resolution be amended to show the Treasurer- as W. Emory Plaster, Jr. , and the Deputy Treasurer as Margaret G. Buchanan , effective November 11 , 1971. (3) BE IT RESOLVED by the Town Council of the Town of Leesburg, that Resolution adopted on January 14, 1970, designating First National Bank of Purcellville, now known as First Virginia Bank- First National, as the depository for the "Airport Fund, " be a- mended to show the Treasurer as W. Emory Plaster, Jr. , and the Deputy Treasurer as Margaret G. Buchanan , effective November 11 , 1971. On motion of Councilman Wallace, seconded by Councilman Hill, the following resolution was unanimously adopted after Mr. Ritter explained that both Banks requested an Opinion from the Bonding Attorney, necessi- tating the preparation of new notes and opinions : WHEREAS, a resolution was adopted by the Town Council at the meeting of November 10, 1971 authorizing the renewal of "Water Bond Anticipation Note No. 1r' in the amount of $62,500 to First and Merchants National Bank, due November 12 , 1971, NOW,- THEREFORE, BE IT• RESOLVED by the Town Council of the Town of Leesburg, that the Mayor be authorized to sign "Water Bond Anticipation Note No . 1R, " prepared by Reed, Hoyt, Washburn & McCarthy, extending the note to November 12 , 1972-. On motion of Councilman Wallace, seconded by Councilman Murray, the following resolution was unanimously adopted : WHEREAS, a resolution was adopted by the Town Council at the meeting of November 10 , 1971 authorizing the renewal of "Water Bond Anticipation Note No. 2 in the amount of $62 ,500 to Peo- ples National Bank, due November 12 , 1971 , NOW, THEREFORE, ff IT RESOLVED by the Town Council of the Town of Leesburg , that the Mayor be authorized to sign "Water Bond Anticipation Note No. 2R, " prepared by Reed, Hoyt, Washburn & McCarthy, extending the note to November 12, 1972 . • On motion of Councilman Murray, seconded by Councilman Hill, the fol- lowing resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to make application to the Virginia Electric and Power Company for the privilege of attaching to a number of their poles along King Street and Market Street certain wires and other fixtures necessary to provide decorative lighting for the Christmas season , and BE IT FURTHER RESOLVED, that the Town will assume all responsi- bility for each installation and agrees to save Virginia Elec- tric and Power Company harmless from any loss , cost , injury or damage to persons or property resulting out of or arising from the installation , operation, use, non-use , or removal of such installations , and - BE IT FURTHER RESOLVED, that the Town of Leesburg agrees to as- sume responsibility for the payment to Virginia Electric and Power Company for all electric energy used through said instal- lations , with the understanding that billing will be made under the existing municipal contract . Mr. Ritter said he has talked with Mr. Pryor at VEPCO regarding the new street lights . He still doesn ' t know the status of these lights , but they were to have been shipped quite a long while ago. ea. MINUTES OF NOVEMBER 24 , 1971 MEETING. On motion of Councilman Murray , seconded by Councilman Titus , the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that Perry Engineering Company be awarded the contract on the Hospital Road job, in accordance with their low bid of $224 ,774. 25 . Mr. Ritter explained that the Hospital 's share of cost is $75 , 200 and the County ' s share would be $23,600, the combination of these two making ap- proximately $100,000 to be returned to the Town. This' includes availa- bility charges of $400 . 00 , plus $5 .00 for each outlet on each of water and sewer. He commented that this charge does not seem equitable, when we consider that we charge $300 availability charge for a single family dwelling . He pointed out that they will be good water customers though, and this shows us that we should proceed to go to the Potomac for water as quickly as possible . On motion of Councilman Titus , seconded by Councilman Murray, the following resolution was unanimously adopted : cr BE IT RESOLVED by the Town Council of the Town of Leesburg , that G the Town Manager be authorized to have the Bastein property ap- praised for storm sewer easement needed across their land, in con- nection with proposed construction of the Hospital Road project . Mr. Ritter said he did not see how this easement could ever interfere with any development in the rear of the Bastein property. He suggested that perhaps they would be satisfied with a paved ditch or a riprap ditch. Councilman Titus said that any water added in the rear of this property would flood on King Street . Mr. Ritter explained the items asked for by the Fire Department in order to secure their easement . On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was unanimously' adopted : RESOLUTION AWARDING $650,000 PUBLIC IMPROVEMENT BONDS OF THE TOWN OF LEESBURG WHEREAS , the Town Council received sealed proposals for the purchase of $650.,000 Public Improvement Bonds of the Town of Leesburg , dated December 1, 1971, until 11 o 'clock A.M. , (Eastern Standard Time) on November 18, 1971 at the office of the State Commission on Local Debt of the Commonwealth of Virginia , Room 101 Finance Building , Capitol Square , Richmond, Virginia, pursuant to the notice of sale of said bonds pub- lished in accordance with the resolution adopted by the Town Council on October 27 , 1971 , and WHEREAS, the following list shows the name of each bidder who submitted a proposal and the price offered and the rates of in- terest specified by such bidder. NAME OF BIDDER PRICE OFFERED INTEREST RATES Fidelity Nat . Bank Lynchburg $650 ,241 .50 4.74888 Horner, Barksdale & Co . Virginia Nat . Bank 650 ,572. 00 4. 74912 United Virginia Bank 651,052 .00 4.808821 Craigie , Inc . Wachovia Bank & Trust 652 ,057 . 50 4.7565 Alex Brown & Sons Merrill, Lynch Pierce , etc . 650 ,000.00 4.806 Bank of Virginia 650,000 .00 4.7560 Anderson & Strudwick Allen & Co . 650,062 .40 4.78945 and fiEt MINUTES OF NOVEMBER 24 , 1971 MEETING. WHEREAS, the Town Council, acting by its representatives , has ac- cepted the proposal to purchase said bonds , hereinafter referred to : NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, Vir- ginia , as follows : (1) The Town Council hereby approves and ratifies the action taken to accept the proposal to purchase said bonds for the' price of $650, 241.50 and accrued interest submitted by Fidelity Nat- ional Bank, Lynchburg , Virginia. I (2) The $225 ,000 bonds payable in the years 1973 to' 1981, in- clusive, shall bear interest at the rate of 4 .00% per annum. The $425 ,000 bonds payable in the years 1982 to 1991, ' inclusive, shall tear interest at the rate of 4.90% per annum. The bonds shall be of the denomination of $5 ,000 each, and shall consist of 130 bonds numbered from 1 to 130, inclusive, in the order of their maturity. (3) The Mayor and the Clerk of Council of the Town of Leesburg are hereby authorized and directed to deliver said bonds to said purchaser upon payment of the purchase price thereof. Mayor Rollins called attention to a letter from the Northern Vir- ginia Planning District Commission , in which they state that a Ndnral and Environmental Resources Advisory Council is being set up and they requested that Leesburg appoint a member to this Council. This will be : on the Agenda for the next meeting . Several suggestions were made as to who might serve on this Council, with Councilman Murray stating he be- lieved it should be a member of the Planning Commission. On motion of Councilman Murray , seconded by Councilman Wallace, the meeting adjourned at 9 :05 P.M. 4Il si I ,,,. .,a, Mayor „Lc., /, ,,,, Clerk of fn e Council • • 1 .