HomeMy Public PortalAbout1971_01_27-268
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 27 , 1971 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Streets Leesburg , Virginia , on Janu-
' ary 27 , 1971 at 7 :30 P.M. The meeting was called to order by the Mayor ,
with the prayer being offered by Councilman Howard. Those present were :
Mayor Kenneth B . Rollins , Councilmen G . Dewey Hill , Frederick R. Howard,
Walter F . Murray, Robert A. Orr and John A. Wallace , Jr. ; also Town Mana-
ger James W . Ritter, Jr. and Town Attorney George M. Martin . Absent from
the meeting was Councilman John W . Pumphrey.
The Minutes of the meeting of January 13 , 1971 were approved as
written .
Town Manager Ritter reported the following :
(1) Regarding the Public Hearing on the proposed Charter Amendments ,
we are to advise Mr . Lucas D. Phillips tomorrow morning of the action
taken, although it has already been presented to the Legislature .
(2) The purchase of the water seals for the gorator pumps at the
4 Sewer Plant is necessary due to a mistake made by the engineer when the
Plant was designed . This seems to be the only corrective measure , after
many discussions , and will cost approximately $500 . 00 .
(3) The gingko tree in front of the old Hotel building should come
down . It was hit by a horse trailer recently and, in checking with Mrs .
Belote , who worked in the building immediately behind the tree, it was
found that the tree had been hit numerous times by tractor trailers . It
can be taken down by Town forces .
(4) We need to change our Standards for the construction of streets .
Our present Standards call for a 5-inch base, and the proposed change
would provide a minimum base of 6 inches .
(5) The application for a sewer line across the land of John Wal-
lace at the old Airport is based on plans just received a day or two
ago and these plans have not been reviewed by the Committee . He said
he did not know whether the line is sized correctly - an 18-inch line
was determined sometime ago . He has not checked the plans insofar as
grade and class of pipe are concerned.
(6) He has discussed with VEPCO the possibility of securing an
easement across their right-of-way on the Rust property for purposes of
ingress and egress to the Potomac River Filtration Plant and finds them
receptive to this idea . Their Richmond office has asked for more infor-
mation on this and they are working on it. This would make a difference
in the amount of acreage needed on the Rust property . He has not heard
from Mr . Downs yet , and Mr. Kline is holding up his appraisal, pending
what we hear from VEPCO on the easement .
(7) At the last Street ' Counuittee meeting, off-site drainage was
discussed at length. Since that time, there have been numerous meetings
regarding this problem and the Town Attorney has taken up this matter
with the Attorney General to see what we can do from a legal standpoint .
Mayor Rollins asked Town Attorney Martin the status of the Potters
Field case . He said the other side has filed the Stipulation of Fact
asked for by Judge Snead, but he does not see how the Town can go along
with these facts , so he has asked that it be set for trial .
Mayor Rollins asked that Council remain after the meeting, at Mr.
Ritter 's request, to discuss a personnel matter .
Mr. William Chamberlin of DeLashmutt Associates , representing Mr.
John Wallace , said that he could not understand Council 's specifications
to build a sewer line from Route 7 to the Tuscarora Interceptor in con-
nection with the proposed development of the old Airport property. He
said he had submitted plans for the apartment site and received prelimi-
nary approval, subject to the sizing of the sewer line . He was under the
impression that it would be taken up tonight if the Sewer Application
was presented. Mayor Rollins said this would be discussed at the proper
time later in the meeting .
269
MINUTES OF JANUARY 27 , 1971 MEETING.
Rev. Gordon Hite , Pastor of Holy Trinity Lutheran Church, read
the attached statement concerning the Church 's position concerning the
proposed southwest quadrant of the Leesburg By-Pass . (See attached)
Mr . Huntington Harris addressed Council , stating that he under-
stands that the By-Pass problem is a difficult one , both for him and foz
the Town , however , the Board of Supervisors has nothing to do with the
siting and design of State highways . He said this is obviously a matter
of great concern to the Town and , consequently , to the Leesburg Magis-
terial District, which he represents . He said he would do whatever he can
to convey to the State Highway Department the Town ' s wishes in this mat-
ter and would be very grateful for the Council 's feelings . It was brought
to the attention of Mr . Harris by Councilman Wallace that the Council
passed a resolution sometime ago stating its opinion . Mr . Harris replied
that this resolution was adopted with something less than unanimity and
he felt his hand would be strengthened if there were complete unanimity on
this matter , in fact, he insisted that he had to have complete unanimity.
Councilman Hill asked if he felt this would assure the Town of unanimity
from the Board of Supervisors . He could not speak for other members of
the Board and still insisted that this is not a matter for the Board,
c.O but rather one to be decided by the State Highway Department . Discussion
_ continued on this , with the Mayor stating emphatically that the position
of Leesburg would always be determined by a majority pr vote . He said the
nn woui Rave/TtoV eL spentn onh storm draiinageIunne essarsty , s ita woutuV wiit
pe out
Q the Town 's Major Thorofare Plan insofar as Catoctin Circle is concerned
and would have a-hazardous effect on the Lutheran Church and other prop-
erty owners on the other side of Market Street . These are just three ex-
amples of the problems it would create . He said all we are asking is the
support of the Board of Supervisors in this matter . Mr. Harris again in-
sisted that the Board has no jurisdiction over this . Mr . Ritter said he
understood the Highway Department r askedcf qt Board 's feeling on this .
Mayor Rollins asked Mr . Harris if we could/ him him to say it is his opin-
ion that the road should go up Dry Mill Road. Mr . Harris said he would
convey to the Board and endorse for the Town whatever it thinks is the
proper way to do this , but he would not say that he believes this is how
it should be done . Councilman Howard pointed out that the Highway De-
partment had advocated that there would be a great savings in taking this
road up Route "A ," however , this savings has been lost in the proposed
large structure on the western end of Town. Also, the 4-H grounds could
be relocated . Mr. Harris pointed out that these facts could be presented
at the time of the design hearing by the Highway Department . Mr. Howard
also asked if this would change his personal view. Mr . Harris said it
would not , but we have to have a By-Pass for Leesburg . He said he has
no opinion as to where it goes and how it is designed , but he will advo-
cate what the Town wants . Discussion continued on this matter , with Mr.
Harris concluding that he would do his best to see that the Board under-
stands the Town 's position .
Colonel Michael Grenata cited specific facts concerning the disas-
ters of building Line "A," as presently designed by the Highway Depart-
ment , and also pointed out that the Governor s Highway Safety Report
states that more people are killed at the foot of a hill, and this struc-
ture , as designed, would create such a hazard . He believed that the Board
of Supervisors should take a good look at this .
Reverend Hite added that , if the Council will support them, they
feel they can get something done about this situation . He said they have
a meeting with Governor Holton this week and will be contacting the State
Senators and Representatives as well . Also, they feel that the Bank hold-
ing the loan on their property might have something to say about this ,
as well as the fact that the Board of American Missions has money involved
in their Church. He said they will leave no stone unturned. Councilman
Howard pointed out that this is a matter of safety for the entire Town .
A Public Hearing was held at this time on the Amendments to Sec-
tions 2-2 and 2-3 of the Town Charter . There was no-one to appear either
for or against these Amendments . Mayor Rollins said we have a ruling
from the Attorney General on this matter, stating that this is a consti-
tutional provision, however , as to when the newly elected members take
office is up to the individual Town charter. On motion of Councilman
Wallace , seconded by Councilman Murray , the following resolution was
unanimously adopted :
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gra 0
MINUTES OF JANUARY 27 , 1971 MEETING .
WHEREAS, the Council caused a notice of the time and place
of a public hearing on certain amendments to be made to the
Charter granted by the 1962 Acts of Assembly relating to the
sections of said Charter touching on the time of election and
time for taking office for Town officials ; and
WHEREAS , the Council desires for the General Assembly to amend
said Charter provisions to conform to Section 24 . 1-90 of_ the
1950 Code of Virginia , as amended ; and
WHEREAS , said notice was published on January 14 , 1971, in the
Loudoun Times-Mirror , a newspaper with general circulation in
the Town of Leesburg, and notified the public that the public
hearing thereon would be held on January 27 , 1971 at 7 : 30 P.M. ;
and
WHEREAS , the Council convened on January 27 , 1971 at 7 :30 P.M.
and proceeded to hold a public hearing thereon to determine
whether the citizens of the municipality desire that the Coun-
cil request the General Assembly to amend the existing Charter;
and
WHEREAS, there being no changes to be made in the proposed
amendments , the Council doth adopt the amendments as set forth
in the public notice and requests the General Assembly to amend
the existing Charter in such respects .
The Council doth further resolve that the Clerk of this Council
' shall submit an attested copy of the proposed change to the Hon-
orable Lucas D. Phillips , Member of the General Assembly , for
introduction as a bill in the General Assembly.
An act to amend and re-enact Sections 2-2 and 2-3 , Chapter 2
of CHAPTER 433 , Acts of Assembly, 1962 , Regular Session, Ap-
proved March 21, 1962 , which provided a new Charter for the
Town of Leesburg :
BE IT ENACTED by the General Assembly of Virginia :
1. That Sections 2-2 and 2-3 of. Chapter 2 of CHAPTER 433 ,
Acts of Assembly of '1962 , Regular Session be amended and re-
enacted, the amended section being as follows :
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Section 2-2 Election ; Composition; terms of office .
The Town of Leesburg shall be governed by a town council com-
• posed of six members and the mayor. The members of the coun-
cil in office at the effective date of this Charter are hereby
continued in office until the lst=day=of July in final-year o
the term of office for which they were elected. On the first
Tuesday in May 1971 there shall be elected a number of candidates
as members of the council equal to the number of terms which will
now expire on the first day of July 1971 rather than on the 1st
-day. of September 1971 for a term of four years , beginning on the
first day of July succeeding their election. On the first Tues-
day in May of each odd numbered year following 1971, there shall
be elected three members of the council for a term of four years,
beginning on the first day of July of the year of their election.
Said council members shall continue to discharge the duties of
their respective offices until their successors have been quail-
. -
. fied.
Section 2-3 Election of Mayor ; term of office and mayor pro-
tempore .
On the first Tuesday in May 1971 there shall be elected by the
qualified voters of the municipality a mayor for a term of two-
years , beginning on the first day of July 1971 . On the first
Tuesday in May of each odd-numbered year following 1971 , the
271
MINUTES OF JANUARY 27 , 1971 MEETING . •
mayor shall be elected for a term of two years , beginning on
the first day of July of the year of his election. The mayor
so elected shall continue to discharge the duties of the office
until a successor shall have qualified.
The mayor shall preside at all meetings of the council and shall
be a regular member of the council. He shall be recognized as
the head of the municipal government for all ceremonial purposes ,
the purpose of military law and the service of civil process .
' The mayor shall authenticate by his signature such documents and
instruments as the council, constitution or general law require .
In the absence or disability of the mayor, the council shall
appoint a mayor pro tempore to serve during such absence or dis-
ability with the same powers and duties .
Town Manager Ritter was asked to call Mr. Phillips tomorrow morning to
inform him that Council had adopted these Amendments .
On motion of Councilman Orr, seconded by Councilman Hill, the fol-
CC)
lowing resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that the Town Manager be authorized to purchase necessary wa-
G ter seals for Gorator Pumps at Sewer Plant , at an approximate
cost of $500 .
Councilman Wallace said he could not see why the Town should pay for
these seals when the mistake is the fault of the engineer. Mr . Moody
explained how this mistake was made and the fact that these water. seals
seem to be the only solution to the problem. He said it was actually
the fault of a combination of the engineer and the manufacturer and, con-
sidering things that happen at other plants of this magnitude , he did
I/ not think it too bad. He did not think a long hassle would be worth
fighting and definitely recouuuends that we purchase the water seals .
However, he did think a letter should be written to the engineer and the
manufacturer, expressing our dissatisfaction with what happened. On mo-
tion of Councilman Wallace , seconded by Councilman Howard, the resolu-
tion was unanimously amended by adding the following :
AND BE IT FURTHER RESOLVED, that the 'cost of the above water.
seals be deducted from the final payment to Johnson and `Williams
on the engineering fee for the Sewer Plant .
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The resolution, as amended , was then unanimously adopted.
On motion of Councilman Howard, 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 remove the gingko tree
in front of the old Hotel Building on King Street .
On motion of Councilman Hill , seconded by Councilman Murray , the
following resolution was offered :
WHEREAS, Standards were adopted by the Town Council of the Town
of Leesburg on September 8 , 1965 for the construction of streets ,
and
WHEREAS , said Standards were amended on June 28 , 1967 , and
WHEREAS , it has now been found necessary to revise these Stand-
ards further in order to provide a stronger base ,
NOW, THEREFORE, BE IT RESOLVFI by the Town Council of the Town
of Leesburg , that the attacTednandard be adopted, which pro-
• vides for a 6" Crushed Stone minimum thickness , Type 1, Size
21 , to be built on a minimum CBR-10 subgrade , and with a 22"
Bituminous Concrete and a 12" Bituminous Wearing Surface .
t,
272
MINUTES OF JANUARY 27 , 1971 MEETING .
Councilman Hill pointed out that, by increasing the minimum standard,
it would help give us a better road for the future . Mr . Bozel explained
the CBR test and that compaction is gotten by rolling . This would be
intended as a minimum Standard and a 1-inch increase in the base . Mr.
Chamberlin, in the audience, said he wondered if the Town would be im-
proving the street enough to add to the construction cost . Mr. Ritter
said the State Highway Department has enlarged on their requirements and,
in order to comply with their Standards , we feel we should increase ours .
Further discussion continued between Councilman Hill and Mr. Chamberlin ,
with the resolution then being unanimously adopted.
On motion of Councilman Hill, seconded by Councilman Howard, the
following resolution was offered for discussion :
WHEREAS , at the Town Council meeting held on June 10 , 1970,
the Town Council certified, by resolution, that "the Town has
the capacity for and will grant water and sewer connections
for 156 garden-type apartments on land in the vicinity of the
old Airport Building on Edwards Ferry Road. " and it was fur-
ther resolved that "this action is contingent upon the developer
installing the proper size water and sewer lines in accordance
with Town of Leesburg policy ," and
WHEREAS, it will be necessary to install a larger sewer line
from Rt . 7 south to the Tuscarora Interceptor in order to pro-
vide space for the above-mentioned connections ,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that Mr. John Wallace be notified that it will be
necessary that he install the sewer line from Route 7 south to
the Tuscarora Interceptor, to be designed and built in accord-
ance with Town of Leesburg policy and specifications .
Councilman Wallace disqualified himself from this matter . Discussion
on this sewer line followed for approximately thirty minutes , with Mr.
Ritter explaining the position of Council some time ago when develop-
ment of this property was discussed . He explained that, in accordance
with the policy adopted last June when availability charges were adoptecy
approximately $75 ,000 was estimated to build this sewer line to the
specifications of this policy , with most of this amount being returned
to Mr . Wallace from subsequent connections along this line. Mr . Chamber-
lin of DeLashmutt Associates , representing Mr . Wallace , said they had pre-
pared their plans around having" to provide a 700-foot trunk sewer line up tc
Edwards Ferry Road to serve this 8-acre apartment project and he believed
that another $75 ,000 would kill the development of this site . He also
said the sewer plans from Route 7 to the 8-acre site are here tonight for
Council 's approval and they thought this was all that was necessary in
order for this part of the project to go out for bid. Mayor Rollins
asked how much discussion had gone into storm drainage on this project .
Mr . Moody said only that which had gone back to them on the preliminary
plat for corrections . He explained that Dewberry , Nealon and Davis said
we could not approve anything by sizing of the line at this time . He
said we cannot accept any more sewage without putting in this line from
Route 7 to the Interceptor, and he suggested that we propose that Mr. Wal-
lace pay the $75 ,000 , to be recouped from availability funds and, in case
he does not collect the total amount within the 10-year period, the Town
will reimburse him the remainder . Mr. Ritter reminded that this $75 ,000
figure is no more than a "horseback" figure . Mayor Rollins suggested that
the Utility Committee meet with Mr . Wallace and Mr . Chamberlin to talk
about this situation and this suggested formula or any other formula
and referred this entire matter to the next Utility Committee meeting.
Mr. Ritter said that the sewer application to be considered tonight is
inter-related with the above .
Councilman Wallace said he had talked with Colonel Valentine , Admin-
istrator of the Hospital , about our storm drainage problem and he sug-
gested that the Town come and talk to the Hospital Board of Trustees and
perhaps something can be worked out on this . Council agreed that Mr . Rit-
ter should talk to Colonel Valentine about this .
Also , Councilman Wallace thinks we should recommend to the County
that the old Hotel Building be painted if it is not going to be torn down,
1 he thinks it is not becoming to downtown "Leesburg .
273
MINUTES OF JANUARY 27 , 1971 MEETING
On motion of Councilman Orr, seconded by Councilman Howard, the
meeting was adjourned at 9:00 P.M.
Mayor
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Clerk c t� Council
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HOLY TRINITY LUTH'RAN CHURCH's POSITION CONC"RNIIIG THT' °RO"OS9) LE"SBURG BY•-PASS
Gentlemen:
Holy Trinity Lutheran Church has received information concerning the nronosed
Leesburg by-pass that will enter our church nronerty. We wish to make the
following points a matter of record:
1 . Our church went to considerable expense to "reserve the integrity of this
community in the church's ultimate design. 'ie feel that the city owes us a
moral resnonsibility to nrotect the integrity of our future development and
use of this structure.
2. "rior to construction of our church, the annroved site nlan, in concurrence
with city officials, made allowance for the future widening of Route #7. Any
further encroachment upon our nronerty would tend to curtail the growth of
the congregation and to devalue the projected develonnent of this nroject and
its "resent use.
3. One of the basic premises for develoning this nroject was for the church to be
"a silent witness to God" and to create a tone and temper of goodness for the
community. Therefore, we went to much expense to raise the structure above
gra'e in order that it might be that witness. With the projected highway
glen for the by-nass and the subsequent fills that would surround the nronorty,
we would not only lose benefit of the extra money anent in raising the structur;-
end the surrounding grade, but would also lose much narking facilities and
one driveway. The church would no longer serve as a silent witness to God,
but would be entrenched in a valley of isolation. The total future development
of the church, as already planned, would not be adviseeble or nossible if the
by-ness is built as nronosed.
4. These and other considerations which will come to light later, cause us to take
this nosition - that there be no change of line or grade within the limits of
the develoned nronerty within the city limits of Leesburg. We are interested
in "reserving the town's present major thoroughfares as nlanned and we will
use every means at our disnosal to accomnlish this end.
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