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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. r :.1.4 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 98 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 . • 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 . 99 = 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 VP C 21, 1971 . - 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. f Q'0 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 42-41 12,-.4_1 f t Council • • • • 1