HomeMy Public PortalAbout1972_02_12 96
MINUTES OF FEBRUARY 9 , 1972 , REGULAR MEETING OF LEESBURG TOWN COUNCIL.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia , on Febru-
ary 9 , 1972 at 7 : 30 P.M. The meeting was called to order by the Mayor,
with the prayer offered by Councilman Pumphrey. Those present were :
Mayor Kenneth B. Rollins , Councilmen G. Dewey Hill, Walter F. Murray ,
Robert A. Orr, John W. Pumphrey , C. Terry Titus 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 26 , 1972 were approved
as written .
Town Manager Ritter reported as follows :
(1) Item 1 on the Agenda has been discussed with Mr. Wiggins of
the Highway Department . It was his suggestion that a resolution be a-
dopted by Council with regard to this situation. This would mean that
two signs would be erected, directing "Truck Traffic" to take the By-
Pass north and south .
(2) Concerning the downtown storm drainage easements , etc . , since
the Street Committee meeting , the Times-Mirror has come in with a plan
showing the proposed expansion of their building , together with a park
ing lot , which would be on the Harrison property. They want to get
started very quickly and this pipe should go in before they put plant mix
on their road. It is necessary for them to make a survey on the entire
"line to determine the size of pipe and the grade . The first thing to be: :
done is to determine- the property lines and get the easement plats
through this private property . We should get right on this .
(3) Mr. Kuykendall is working on the Rust easement and he believes
we should have it next week. He believes we will reach an agreement on
this .
(4) On the Whiting easement, the wording to give him a sewer tap,
provided he would connect within five (5) years , was incorporated into
the easement, but they would not accept this . As of 6 o 'clock tonight
Mr. Bozel called and said they would accept $200 .00 cash. He would
like to have approval and an appropriation for this tonight.
(5) On the American Oil Co. easement , he called them today. They
had gotten ours mixed up with one from Fairfax . We had made them an
offer of $ 1,216 .00, the amount of the appraisal . We should have no
trouble with this one .
(6) Each Council member has a copy of a letter from Dr. Bastien 's
attorney , which states that he either. wants the storm drain carried
entirely through his property, or else arrive at a firm price of the con-
struction and give him the cash. We offered $780 .00, based on the ap-
praisal of the damage . Perhaps Council would like to take some action on
this tonight . We have gotten all the sanitary sewer easements on the job
and Perry has been instructed to proceed with the work, but they can ' t do
much in this kind of weather.
(7) The Hospital has instructed their. attorney to draw up their
Deed to convey the 70 ' right-of-way for the street . They have questioned
our invoice for $75 ,200 and their attorney. will meet with him at 1 P.M.
tomorrow to discuss this . The Hospital will also have a group of peo-
. ple to meet with the Street Committee next Monday, at which time they
want to discuss the items that we objected to their eliminating. on the
Hospital site. The engineers , architects , etc . will tell us why
they want to eliminate these . They are running short of money, and
this is the first place to make a cut .
. (8) The County Planning Commission will hold a Hearing on our ap-
plication for extension of water and sewer to Country Club Subdivision ,
Section 2, on February 22nd.
MINUTES OF FEBRUARY 9, 1972 MEETING.
(9) Southern Line Cleaning Company finished up today, but we won 't
know how successful the program was until it rains . Then we will check
the manholes to see how much water get's in them. They found a consider-
able amount of roots on Edwards Ferry Road and on Harrison and Loudoun
• Streets . They also found a broken pipe just west of the old Buick ga-
rage, which we will have to dig up and replace , and a cracked pipe on the
A & P Parking Lot, as well as a bad leak in this section. He explained
how they put chemicals in the pipe and said that a lot of the joints took
chemicals, which indicates there was ground water coming into the line.
The lower end of the line was the best part of it - from South Street to
the other side of the W. & 0.D. tracks . They didn ' t find what he had
wanted, that is , a storm drain running into the line . They did find some
sewer service lines where there are no houses , which the Town will have
to dio up and block off . He feels that they did do some good, but he
doesn4t know how much . The bill will probably run around' $7 ,500.
Mayor Rollins reported that Mr. Pumphrey, Mr . Hill, Mr. Titus , Mr.
Ritter and he went to Washington last week to meet with officials of
HUD. He said he would categorize his comments as extremely favorable
to receive 50 per cent of the cost of going to the Potomac for water. He
said he had never met with anybody that indicated any more that the funds
VP - are available . Johnson and Williams are preparing the necessary papers
O for. the Grant and we should have those finished in the very near future.
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Councilman Hill asked if we have had any complaints about trash
G out by Monaco 's Service Station . He said he has had several 'and this
is really an eyesore . Mr. Ritter said we have had one complaint about
beer cans recently , and we will clean it up. Councilman Titus said
there is an old wrecked car there also that has been there for weeks .
Councilman Hill said he followed the TV inspection of the sewer
lines very close %nand he is very much impressed with the service . He
feels that we have found some water and some root systems that we can now
pin down. He believes we need a rodding program to take care of these
situations until the lines are replaced. He also believes that all new
lines should have this service before we accept them - he understands
they do this in some localities and it is routine in some places . As
to whether we could get this done on the contract or whether the Town
would have to do it he does not know. It costs 28 cents a foot for the
TV inspection and he thinks it is money well spent ; also , that we should
pursue the rest of the old lines in Town .
Councilman Wallace said he would assume that we still do not have
an answer for Lee Phillips on the development of his town houses in this
area . He does not think this is fair to him and he thinks the Street
Committee should ,discuss how to approach him on this . Councilman Hill
said if this doesn ' t take care of the situation, then the only answer is
a new line . Councilman Titus asked how long it will be before we correct
the broken pipe , etc . Mr . Ritter said it should be done in the next week
or so .
Councilman Titus asked how we stand on the Master Plan - are we
getting anywhere at all? Mr. Ritter said Mr. Weiss , to whom Joe Lake
had written to see if HUD could help us , was at the meeting last week,
and he said we have to get the money through the State Planning Division
in Richmond . Joe Lake has written them asking that they give us some
answer in writing . They have been down there and talked with them by
phone and they said there is no money available, but they have never
given us anything in writing .
Councilman Titus also commented that he hopes something can be done
on the proposed two-mile jurisdiction soon .
Mayor Rollins asked what the Town wishes to do concerning the
letter written by Mr . Ruston the land needed for the Potomac River
Project . Councilman Murray suggested that, if Mr. Rust thinks this
small piece of land is so valuable, perhaps he should have all of his
land appraised to see what the rest of it is worth. He reiterated his
thoughts of last meeting regarding Mr. Rust 's offer when he\was here
several months ago to accept $20 ,000 for this land, and, if the rest
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MINUTES OF FEBRUARY 9, 1972 MEETING.
of the Trustees were not satisfied with this amount , he would pay the
remainder out of his pocket . He believed he should keep his word on
this offer. Mayor- Rollins asked if anyone wished to make an offer above
$20,000. No reply being made, Mr. Ritter was asked to reply to Mr. Rust
that Council has offered $20,000 and does not feel that the situation
has changed at all and that no events have transpired which would indi-
cate any increase in the value of this property . If they wish to accept
the Town 's offer of $20,000 , then we should have the necessary convey-
ances . If they do not wish to accept this offer, our only course is to
proceed with the condemnation, as has already been ordered. Also, the
Town would like a reply within five •(5) days from receipt of the lette
Councilman Titus said he hopes -Mr. Rust is fully aware that this will
be an easement, not that we are going to take his right-of-way and
fence it . Councilman Murray said Mr. Rust understood that our ease-
ment would be parallel to the power line and• he preferred that the Town
take it in fee simple . It does not appear that he thinks that way now.
He should be informed that it will be an easement , not in fee simple .
Mr. Ritter said the power line goes on the property line and he has 125
feet eastward. Mayor Rollins said to put in the letter that this will
be an easement and we do not anticipate anything else now. Councilman
Hill stated that , if we are going back to an easement , then we should •
go back to our original bona fide offer of $11,000 . - The $ 20,000 agree- -'
ment was based on a fee simple . Town Attorney Martin said the condemna-
tion suit would be based on the $11,000 bona fide offer and on an ease-
ment . It was then decided that the letter should state that we will
be taking an easement and our offer is $11,000. .f they do not wish to .
accept this offer, then the Town Attorney will proceed with the condem-
nation suit on this basis . It was again stated that the letter should
ask for a -reply within five (5) days of receipt of the letter.
Mayor Rollins asked if the asphalt on Ayrlee Avenue where the water
and sewer lines were brought in is temporary . Mr. Chaves said it is and
the pavement will be replaced .
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On motion of Councilman Pumphrey, seconded by Councilman Orr,
the following resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the State Highway Department be requested to erect the
necessary signs on Rt . 15 north and south of Town to direct
"truck traffic " over the By-Pass .
Mr. Ritter explained that this would be a standard highway sign reading
"Truck Traffic", with an arrow. Mayor Rollins said he would vote against
this resolution, he does not think anybody should dictate the route any-
one should take and he does not think you can compel anybody to take a
road that could lead to their death. As that section of the By-Pass is
constructed now, it is impossible for large trucks to come to a stop at
the foot of this hill . Councilman Pumphrey said a lot of people believe
truck•:drivers are the best drivers on the highway . Mayor Rollins said
the guard rail onto Rt . 15 has already been smashed - it is hard for a
car to make the turn, much less a tractor trailer. Councilman Hill said
we are just suggesting this, it is out of the corporate limits . A vote
of 6 to 1 , with Mayor Rollins casting the dissenting vote, then adopted
the above resolution .
On motion of Councilman Titus, seconded by- Councilman Murray , the
following resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Dewberry, Nealon and Davis be authorized to proceed with
the necessary survey in order to provide storm sewer easements
and plats from King Street to Church Street via Mrs . Carr ' s
10 ' alley , and
BE IT FURTHER RESOLVED, that said firm be authorized- to pre-
pare such plans that are necessary in order to install the
storm sewer pipe from King Street to Church Street, and
BE IT FURTHER RESOLVED, that the above work be in accordance
with their letter of January 28, 1972 .
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MINUTES OF FEBRUARY 9, 1972 MEETING.
There was a great deal of discussion as to just where. this water will
go from Loudoun Street . On motion of Councilman Titus , seconded by
Councilman Pumphrey, Council voted unanimously to amend the second
paragraph to read as follows : -BE IT FURTHER RESOLVED, that said firm be authorized to pre-
pare such plans that are necessary in order to install the
storm sewer pipe from King Street to its outfall south of
Loudoun Street- adjacent to the Francis property, . and
Discussion continued, with the question being raised as to who is going
to pay for this construction . Mr. Ritter explained that this will be
their street and it will be their job to maintain it . The resolution,
as amended, was then unanimously adopted.
On motion of Councilman Pumphrey, seconded by Councilman Titus,
the following resolution was unanimously adopted: -
BE IT RESOLVED by the Town Council of the Town of- Leesburg,
that Johnson and Williams be authorized to proceed with a
Water System Study , as outlined in their letter of December
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far Mayor Rollins suggested that it would be wise for this study to take
into consideration the possibility of future high-rise, which he would
p • assume would be in the commercially zoned area .
On motion of Councilman Hill , seconded by Councilman Pumphrey, the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Dewberry, Nealon and Davis be authorized to proceed
with the preparation of plats for sanitary sewer easements
on the Dry Mill Interceptor and the Tuscarora Interceptor
Sewers .
Mayor Rollins asked that someone go to see the people who live on these
streets to take a survey to see who will be willing to connect to the
sewer lines when they are put in. Councilman Murray suggested a note
to be put in with their water bills, expressing their desires and to be
returned to the Town Office .
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 William Nicholson be given permission to connect a dwell-
ing to the Town 's sanitary sewer on Rt . 654, just north of the
old W. & 0 . D. right-of-way .
On motion of Councilman Murray, seconded by Councilman Wallace, the
following resolution was unanimously adopted after explanation of several
of the appropriations by Mr. Ritter :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following appropriations be made :
$ 1,000 .00 - Supplemental Appropriation - Other Services &
Supplies - Repairs and Supplies .
500.00 - Supplemental Appropriation - Parking Meter
Maintenance .
500 .00 - Supplemental Appropriation - Traffic Light
Maintenance .
15 , 952 .37 - Supplemental Appropriation - Street Resurfacing -
Capital Outlay.
583 .21 - Supplemental Appropriation - Town Shop Improvements.
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MINUTES OF FEBRUARY 9, 1972 MEETING.
$ 5 ,000.00 - Supplemental Appropriation - Utility Fund-
Materials .
3 , 277 . 22 - New Police Car. •
5,000.00 - Supplemental Appropriation - Streets - Equip-
ment Maintenance .
4,200. 00 - Personal Service - Inspector.
225 .00 - Dewberry, Nealon and Davis - Flood Plain Study.
Week ending 1/7/72 - General Fund-Capital Out-
lay-Engineering .
50 .00 - Dewberry, Nealon and Davis - General Engineer-
ing Services - General Fund-Capital Outlay-
Engineering .
4, 205 .48 - Supplemental Appropriation - Valve and Fire
Hydrant Installation.
Mayor'Rollins asked when VEPCO is going to move, the poles on Dry
Mill Road. Mr. Ritter said they are getting ready to do this any day.
Mayor Rollins also asked what has happened to the proposed amendment
to the Subdivision Ordinance requiring sidewalks along existing roads .
Councilman Titus said he hoped to have it by next meeting .
On motion of Councilman Orr, seconded by Councilman Murray, Council
voted unanimously that the sum of $200 .00 be offered to Wilbur Whiting
for an easement across his property, in lieu of a sewer connection.
There being no further business , the meeting adjourned at 9:00 P.M.
s _airs
Mayor
Clerk
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f t Council
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