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HomeMy Public PortalAbout1972_04_26 MBEE 127 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 26, 1972 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg , Virginia ,' on April 26, 1972 at 7 :30 P.M. The meeting was called to order by the Mayor, with the prayer being offered by Town Manager Ritter. Those present were: Mayor Kenneth B. Rollins , Councilmen G: Dewey Hill, Walter F1 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 April 12 , 1972 were approved as. written. . Town Manager Ritter reported as follows : (1) The reason for the change in the Town Standards on curb and gutter is to conform with State Standards, and to conform with what has been put in in the past. . . . . (2) There were three (3) bids on the trash contract, as follows: :.q • (a) Sterling Trash Service - $84,000 per year, plus a- fee CD for new customers of $4.00 per month for single-family dwellings and $15.00 for commercial accounts, as they become occupied. . CZ . M (b) Kwik-Klean Refuse Co. , Winchester - $48,527 .76 per year, M with an escalation clause for new pick-ups at 30 cents. - (c) Herbert Randolph - A flat fee of $51;600 per year., with no escalation. This does not include disposal. We have been paying Jesse • Randolph $400 per month for Herbert to dispose of the refuse in his land- - fill and He has written him to see what he would charge now. We under- stand that the Health Department. may close him down soon„ but we have been hearing 'this for a long time. However, we should be prepared to go to the County Landfill and he has written them to see if there would be I any charge in case we haul it. ourselves. This would be a big problem though, you can 't get three good men to operate and pick up the trash, in fact, you can 't even get anybody to dig ditches . He feels we should readvertise for bids. on a. one-year contract and on a two-year contract on a flat sum basis, with no escalation. If we go with an escalation clause, we have no idea of how many units will be occupied in a year, nor how much we would have to pay over either a one-year or a two-year pertod. . (3) The supplemental appropriation needed to pay the Director of Public Works is due to the fact that only $10;000 was appropriated origi- nally. (4) Only one bid was received on the King Street-Church Street Storm Sewer Project, that being from Martin and Gass in the amount, of $66 ,600. . It was felt that this was entirely too high, especially in light of the fact that the engineer had estimated $36 ,000. We now have a bid from Perry Engineering Co. for $39,626 .30,. which we would like to award, and which has been recommended by Dewberry, Nealon and Davis. (5) On the early entry on the Rust site for the Potomac River Water Project, Leland Mahan has signed this and we are waiting for Judge Penn to enter the original Decree. Town Attorney Martin advised that this has been entered. . II (6) On the Phillips 66 20 ' wide strip of land needed, a meeting was held with their Assistant District Manager the other day on the site. They agreed on the location of the east driveway on Route 7 . This in- formation was passed on to Dewberry, Nealon and Davis to designit ac- cordingly. They want $2.00 per square foot and we need approximately 2300 square feet, which would be $4,600. He would like to know the feel- ing of Council before proceeding further. There is a time element here - they can 't complete the plan until we get this right-of-way. We have a storm sewer to put in for Fisher on Edwards Ferry Road, which should be done this summer, and we should get started on widening Route- 7 and Catoctin Circle . . MIL 128 MINUTES OF APRIL 26, 1972 MEETING. (7) •There were two (2) bids on the Douglass Sewer project - Martin and Gass ," in the amount of $98,578.-75 and Kitzmiller, in the amount of $83 ,485 . The engineer 's estimate was $85,000. and Kitzmiller 's bid was 2% lessthanthat. A letter from Dewberry, Nealon and Davis recommends . the•'award to Kitzmiller. i' . •. (8) He understood from John Moran of K & M Construction Co. today that they plan to start street and curb and gutter construction on Wash- ington Street right away. (9) In accordance with action at the last Council. meeting, 'he invested $20,000 of Airport money with Peoples National Bank in Cer- tificates of Deposit ,: with interest at the rate of 5% for 90 days . The other two banks offered 4.%. Mayor Rollins said the Budget work session will be held• on. Monday, May 8th at 7 :00 P.M. . Councilman Hill said several citizens have approached him about the poor markings for pedestrian crossing on all four corners at King and Mar- ket Streets. He said there are probably others all over Town as well. Ice thought the Town- had done a good job in the parking lot. with white , lines , however, they still need to cover the old lines with black. He asked if it would be at all possible to get the State to paint the lines. Mr. Ritter' said they will not. do it. Councilman Wallace asked Mr. Ritter to invite Mr. Lucien Rawls to . attengetlmieut Finance Committee- meeting to bring them up-tordate on present/and future plans at the Airport. - Mr. Wallace also asked if the Police are working the main inter- section during the rush hour. ' Lt. Kidwell said there is supposed to be • a man on duty there from 4 :30 to. 530 every day. Mr. Ritter said that we have two men on duty only on Thursday, Friday and Saturday, so it is - difficult to always have a• man there. He' said they have a - meeting to- morrow night add he will discuss this with them. Mr. Wallace also said he thought- there were some residents of the town houses and apart ments that have not bought Town stickers. Lt . Kidwell said they will be holding checks on this very soon. . Councilman Wallace also asked about the junk card, particularly those at The Drum on South King Street . Mr. Forbes said Mr. Bradshaw has a used car lot in this location. Councilman Pumphrey said he has an in- spection station and body shop as well. Lt. Kidwell and Mr. Ritter both said the Police ran down two abandoned cars today. • . Councilman Titus asked the status of the HUD Grant. Mr. Ritter said all papers were signed by the Mayor, Town and Attorney and him on Monday and attested by the Clerk of Council. Mrs . Pendergast expected to take • them to Miss Anson at HUD this week to go over them. Mr. Titus asked how long they anticipate before we hear something. Mr. Ritter said he would not want to guess . Mayor- Rollins said they told him we would hear some- • thing before the end of the fiscal year. • Mr. Titus also asked about the cuts in the road made by putting in the sanitary sewers on Dry Mill Road to the town houses - he said he no- ticed they had been repaved today and wondered if it is standard procedure to keep on patching them. Mr. Ritter said this is because it•was not tamped, together with recent. rains - it is their job to repatch it, which they did Monday morning. He said they had nobody here over the week-end and we should have caught 'it ourselves. Councilman Hill aske if there is any possibility of the line dropping when the road drops. Mr . Chaves said there is not, the line is set on gravel. • Councilman Pumphrey said he has had inquiries as to how long before they start work on Ayrlee- Avenue. Mr. Ritter said he understands' they will start- work on this pretty quickly . Councilman Orr asked that the line at the intersection of Dry Mill Road and W. Loudoun Street be repainted. 129 MINUTES OF APRIL 26 , 1972 . • Councilman Murray expressed his views regarding the readvertising for trash removal. Insofar as awarding the contract to someone from Winchester is concerned, he did not think this wise• inasmuch as they would have trouble getting over here in bad weather. He believed that, if we get a favorable response on using Jesse Randolph ' s landfill, we would never get a more satisfactory job locally. Also, Councilman Murray said that he saw a copy of the Highway De- partment 's 10-year plan just adopted on April 24th. Two of the items to be four-laned within the next 10 years are from the By-Pass to Catoctin I Circle on Route 7 and from the By-Pass to Catoctin Circle on Route 15 . Even though Council has agreed on the widening of Route 7 from Catoctin Circle , .he • believes we would be spending money for something that the Highway Department will do within the next 10 years . He thinks the Council should be as resourceful with the Town ' s funds as it can. Councilman Murray also explained that the Northern Virginia Plan- ning District Commission has not turned us down on our radio grant. It was a misunderstanding on somebody 's part. He explained that what has held it up is the fact that we had only one bid, that being from Cr Motorola , and the State refused to accept a blanket bid from only one CD company. A representative from Arlington met with Mr. Ritter and him last week and he was going to Richmond on Monday and ask them to put this out for bids immediately , with the bids to be in within a week. He has assured us we will have the money by the end of June - it has been appropriated to us and is available , and it is up to us to use it. Councilman Titus asked about the $1,200 on the Police radio. Mr. Murray said he understanck this is all within the $20,000 package . On motion of Councilman Murray, seconded by Councilman Orr, the following resolution was offered : WHEREAS, the- Finance Committee , at its meeting on April 19, 1972 , considered the contract to purchase Potter 's Field by I Petroleum Consultants , and • WHEREAS, the offer made by Petroleum Consultants is of les- ser amount than that previously offered by "Monroe, " and WHEREAS, there are unresolved questions as to disposition of graves , etc . , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the offer of Petroleum Consultants be rejected. On motion of Councilman Wallace, seconded by Councilman Murray, Council voted unanimously to delete the following paragraph from the resolution : WHEREAS, there are unresolved questions as to disposition of graves , etc . , Councilman Wallace said Town Attorney Martin is trying to set up an ap- pointment with Judge Snead to resolve some of the unanswered questions and it will be at least the end of May before we know anything about this . Councilman Titus brought up the fact that perhaps a part of the offer should be that the Town would move the graves. Councilman Wallace said we might get more per square foot if we move them, but it would be prefer- • able thatthe purchaser do this . Regardless , the Committee does not feel II that $2.00 a square foot is a reasonable price. The resolution, as amended, was then unanimously adopted. On motion of Councilman Wallace , seconded by Councilman Pumphrey, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $ 200.00 - Police Miscellaneous - Supplemental. 1,000.00 - Other Services & Supplies - Repairs and Supplies - Supplemental. 105 .00 - Martin, Riemenschneider & Murtaugh Preparation of Deeds of Easement on Tuscarora Sewer Project. 1971 Bond Issue . 130 MINUTES OF APRIL 26 , 1972 MEETING. - Mr. Ritter said none of the easements have been obtained on the Tusca- rora Sewer Project, but one from Frank Myers has been secured on the Dry Mill Sewer. On motion of Councilman Pumphrey, seconded by Councilman Wallace, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Performance Bond submitted by Crestwood Construction Corp. in the amount of $107 ,000 for the constructionof 38 town houses be approved, and BE IT FURTHER RESOLVED, that their application for water and sewer extension to serve this subdivision be approved. Mr. Forbes explained the plat of this subdivision. Councilman Orr asked when the old Carter house would be torn down. Mr. Garrett , representing Crestwood Construction Corp. , said the house is not owned by them. How- ever, the farm buildings, etc . are and this will all be cleaned up. Mayor Rollins asked what they plan to do with the lots on which single- family dwellings are to be built. Mr. Garrett said they will have to see how the town houses go first. He explained that they' will eventually: open Catoctin Circle all the way through to the existing Catoctin Circle.; on which is located the Catoctin Elementary School. There are to be a total of 162 town houses , to be built in four (4) phases . Their target date for the first 38 houses would be six months from now. He said they.:. will have plenty of fill dirt and Mr. Ritter said the Town can use this. He explained that Catoctin Circle will probably not be completed until sometime in 1974, it depends on how fast the town houses move. Their initial estimate of price range is around $29,000 to $33,000. They will be contemporary, redwood siding, two, three and some few four-bed- room units . They will be air conditioned and have electric heat. Councilman Hill disagreed with their thinking on Catoctin Circle . He said this is a main thorofare and he thinks it should be opened with the building of the first phase to allow these people free flow to the schools . It would be useful not only for the Town, but for the people who buy in this area and for the touring public to see these houses . Mr. Garrett said they had not counted on this cash outlay at the out- set of construction and their final thinking was that there would be construction equipment and material trucks on the adjoining property, which would create a hazard. This hazard would be eliminated by keeping Catoctin Circle closed until construction is completed. Mayor Rollins asked if they would object if the Town strenuously pushes for the street to be put in now. Mr. Garrett said they would' like to at least wait un- til the second section is put in. Councilman Orr agreed that this street should go in at the beginning of construction. Mr. Garrett explained that they would have to change the order in which they plan to develop the various phases. Councilman Murray felt that we do not have Catoctin Circle cut through now and that there is no real need for it until some of the houses are built. He suggested requiring that this be done be- fore approval is given for water and sewer in Phase II . Councilman Pumphrey said he would rather see the development first, then the road put in. He cited the apartments on Edwards Ferry Road as an example. Mayor Rollins asked if any recreational areas are provided. Mr. Garrett said they have tot-lots scattered around, but no swimming pool or tennis courts are planned. Mr. Garrett also pointed out that finances play a big part in this also, and reiterated that they would like to wait to build Catoctin Circle at least with the second phase. Councilman Titus asked if the off-site fees have been paid. Mtr Ritter said they have. Councilman Titus also asked what they plan to get the children to the school in this first section. Mr . Garrett said they would have to plan a safe walkway for these children. A roll call vote of 5 to 2 adopted the above resolution, with the understanding that Catoctin Cir cle will be opened with the second phase. Voting against this resolu- tion were Councilmen Hill and Orr. ' On motion of Councilman Pumphrey , seconded by Councilman' Titus, the following resolution was unanimously adopted, after some discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Standard on curb and gutter construction, as shown on Page 74 of the Town of Leesburg Construction Standards, be changed to conform with Department of Highways Standard, Page 201.3 . 131 MINUTES OF APRIL 26 , 1972 MEETING: On motion of Councilman Pumphrey, seconded by Councilman Orr, the following resolution was offered: WHEREAS, the Episcopal Church has plans to construct a brick sidewalk and curb and gutter on Cornwall Street in front of the Church and Rectory, and WHEREAS, it is Town policy to pay one-half of the cost of a concrete sidewalk and one-half of the cost of curb and gutter construction, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, 'that the Episcopal Church be authorized to proceed with this .construction, subject to the approval by the Town of the building contractor prior to construction, and BE IT FURTHER RESOLVED, that the project shall be built in ac- cordance with Town of Leesburg Standards and Specifications and under Town supervision, and BE IT FURTHER RESOLVED, that the Town 's share of cost of this tr C project shall be $1,232 . Mr. Ritter explained that this would start at Wirt Street and go down in front of the Rectory . They would pour a concrete Slab 4 inches thick and then lay brick with sand joints , to conform with Williamsburg . Both Councilmen Pumphrey and Titus said they understood the brick was to be laid in .concrete , and Councilman Hill said they are going to work around the trees and roots. Mr. Ritter said it would not be a continuous walk where there are roots . There was further discussion on this and, on motion of Mayor Rollins , seconded by Councilman Orr, the above reso- lution was tabled until the Council knows more about what they plan to do. Mr. Ritter was instructed to tell them they will not go along with laying the brick in sand. On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was unanimously adopted after some discussion: • WHEREAS, construction plans on the "Hospital Project" call for the storm drainage pipe to be terminated on Dr. Bastien 's prop- erty, and WHEREAS, the Town has been unable to obtain an easement from Dr. Bastien' bn this basis , • NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that Dewberry , Nealon and Davis be directed to pro- ceed with plans and construction to build the storm sewer to the south property line of Dr. Bastien, and BE IT FURTHER RESOLVED, that plans shall include channel im- provements from the end of the storm sewer to Town Branch, and BE IT FURTHER RESOLVED, that plans shall also include the lower- ing of the sanitary sewer coming from Prospect Hills and cross- ing Town Branch at the junction of the aforementioned channel, a distance of approximately ISO feet, all at an estimated cost of $31,000. • Mr. Ritter said he did not think there would be any over-run on this entire job - they are not hitting as much rock as they had anticipated. Also, we will have to obtain an easement from the Fire Department to do this, however, this is in a flood plain. Councilman Titus said he thought this was necessary and it will be negotiated with Perry Engi- neering. On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted after a great deal of • discussion: • WHEREAS, bids were opened on April 17 for a 2-year contract for the picking up and disposal of refuse from the Town of Leesburg, and 132 MINUTES OF APRIL 26 , 1972 MEETING. . WHEREAS, the amount of the two low bids is an excessive amount ; compared to past bids , and considering anticipated growth with- in the Town, NOW, THEREFORE, BE IT RESOLVED by the Town Council• of the Town of Leesburg , that bids be advertised again on the basis of a 1-year contract and, as an alternate, on a 2-year contract, and BE IT FURTHER RESOLVED, that such bids be submitted on a 'flat sum basis , " without a provision for escalation. Councilman Orr left the meeting during discussion of the above resoluti On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that an appropriation th made in the amount of $2, 140 to pay Director of Public Works for the balance of the fiscal year. On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was offered: WHEREAS, bids were opened on April 5 on the King Street- Church Street Storm Sewer, and WHEREAS, the low bid of $66 ,600.00 is far in excess of the engineer 's estimate, and WHEREAS, a bid has been received since that time from Perry Engineering Company in the amount of $39,626 .30 for the same amount of work, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that Perry Engineering Company be awarded, the project in accordance with the above bid. Mr. Ritter explained that we still do not have the easement from Les- . luke Corporation, and we figure it would take about a month to put this in. On motion of Councilman Murray, seconded by Councilman Titus the following amendment was unanimously adopted: AND BE IT FURTHER RESOLVED, that the award of this construction be made simultaneous with, or immediately following, obtaining • the necessary easement affected. The resolution, as amended, was then unanimously adopted. On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was placed on the floor for discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg, that Kitzmiller Construction Co. be awarded a contract for . building the Douglass School Relief Trunk Sewer, in accord- ance with their low bid of $83 ,485.00. There was a great deal of discussion on this resolution, with the general consensus being that Kitzmiller Construction Co. is not familiar with this type of construction, among other things , and, on motion of Councilman Murray, seconded by Councilman Hill, ahro4iccall vote was taken to table this resolution. This was defeated by 4 to 2, with Councilmen Hill and Murray voting to table it. On motion of Councilman Pumphrey, seconded by Councilman Titus , a substitute resolution was unanimously adopted, as follows : BE IT RESOLVED by the Town Council of the Town of Leesburg, that Martin and Gass , Inc . be awarded a contract for building the Doug- lass School Relief Trunk Sewer, in accordance with their bid of $98,578.75. n . On motion of Councilman P,imphrey, seconded by Councilman Murray, the meeting was adjourned at 9:35 P.M. 074.2.4 zrio4.4.2 4452:1 Mayor