HomeMy Public PortalAbout1971_07_14 1
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 14, 1971.
A regular meeting of the Leesburg Town Council was held in the •
Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on July 14,
1971 at 7 :30 P.M. The meeting was called to order by the Mayor, with
Councilman Hill offering the prayer. Those present were : Mayor Kenneth
B . Rollins , Councilmen G. Dewey Hill , John W. Pumphrey , John A. Wallace, Jr .
and C . Terry Titus ; also Town Manager James W. Ritter, Jr. and Town At-
torney George M. Martin. Absent from the meeting were Councilmen Walter
F . Murray and Robert A. Orr .
The Minutes of the regular meeting of June 23 , 1971 were approved
as written .
Town Manager James W. Ritter reported the following :
(1) He talked with Greenhorne & O 'Mara today and they expect to
file through the State Planning Office for State money on August 19th
for the Town 's Master Plan. We will not have to receive approval from
the Northern Virginia District Planning Commission, but we will have to
have approval from the Council of Governments on this money. This will
be done about the same time . They want to appear before the Council and
yr the Planning Commission jointly at the Council ' s next regular meeting on
C August 11th, if possible , in order to explain what they have done up to
r this time . Mr . Ritter said he would like some expression from Council on
C this so that he might notify them about this meeting . It will take about
cn an hour for their presentation .
(2) We received the revised plans from Leesburg Village Associates
yesterday and these plans show the enclosed storm sewer as we had re-
quested. However, there are some drainage structure details to be com-
pleted and we sent the plans back yesterday: There is no reason why they
should not get a site plan permit when these are completed. They have been
notified that they will be expected to pay their portion of storm drain-
age , in accordance with the policy adopted by the Town on May 12th.
(3) Sidewalk repair got underway today. The price from C & DCon-
crete Company was lower than the one from Winchester and he believes they
will get a pretty good job . There is a surplus of $4 ,060.00 in the Bud-
get for sidewalk repair, which should take care of this expense .
(4) At the last Street Committee meeting , Mr. Pryor of VEPCO met
with them and talked about the new street lights . It was decided that
VEPCO should study the overall lighting system and come back to the Com-
mittee with a recommendation.
(5) The General Fund balance is not as good as had been anticipated.
Mr. Ward had anticipated a $65 ,000 surplus in this Fund at the end of the
fiscal year, however, this amount is only $25,000 . He said he could not
account for the difference . The Utility Fund surplus is better than had
been anticipated. He believed that perhaps there should be no decision to
purchase the street sweeper tonight , maybe it should be put off for a
couple of weeks until a more thorough check can be made on the General
Fund . There are still unpaid bills and they do not know how much these
will amount to .
Councilman Hill welcomed Mr. Titus as a member of Council. He also
expressed his concern over the General Fund balance.
Councilman Wallace also welcomed Mr. Titus . He asked why so much
• time was spent on Dry Mill Road at Budk HiZerega 's town houses . Mr. Rit-
O ter explained that there were 11 sewer and water connections to be made.
We had to dig it up in order to get our meter boxes in because they had
roughed in for the sidewalk. He said it would have taken much longer if
we had to put in 11 crossings across the street .
Councilman Titus asked why the guard rails had not been put back on
the Evergreen Mill Road Bridge . Mr. Ritter said he had talked with the
Superintendent of English Construction Co . this morning and he has them
on hand, but just has not put them on. He said we will either keep after
them to do this or else put them on ourselves .
2
MINUTES OF JULY 14, 1971 MEETING.
Councilman Titus also asked just what the duties of the Fire Mar-
shal are . Mr. Ritter said he did not know that they were spelled out,
but he has a Fire Code by which he checks buildings and he comes by the
office every day or so and tells him about deficiencies that he has found
and that he has notified the owners and/or occupants of the buildings of
these deficiencies .
Councilman Pumphrey asked what is planned in the way of storm drain-
age on Dry Mill Road in front of Buddy diZerega 's town houses. Mr. Ritter
said nothing is planned to the ditch - there will be just one crossing ,
one entrance . They almost filled in the ditch in grading for the side-
walk, but the ditch has to be kept open . He dedicated 20 feet more of
right-of-way, giving us a new right-of-way of 70 feet. The sidewalk
will be pretty close to the property line . Mr. Pumphrey said they will,
be contributing a lot of water to this drainage. He asked if they have
put up any money to help with this problem. Mr . Ritter said he got his
permit for this group of town houses before May 12th when we adopted this
policy . Councilman Pumphrey said he is getting ready to submit plans on a
new section . Mr. Ritter said he will come under this new policy on this
section. Mr. Forbes said the present drainage has been there all the
time . Mr. Ritter added that Mr. Bozel sized this pipe and it is permanent.
Mr. Bozel said it is 18-inch pipe . Councilman Pumphrey said he had seen,;
it running full and over the road and that it looks small for the amount of
drainage it will have to carry .
Also, Councilman Pumphrey asked when the Town plans to work on the
Yates storm drainage problem. Mr. Moody said we have had emergency work
that had to be done first . Mr. Ritter said we had to raise manholes in
connection with the By-Pass construction.
Mayor Rollins asked if the Rescue Squad plans to employ a surveyor.
Mr. Ritter answered that they do .
The Mayor also asked if the Town is going to do all the work on the
concrete program and the contractor will pour it . Mr. Ritter said this
is the way it will be done .
Mr. Lee Phillips appeared in behalf of Mr. Robert Perkins , ownerf
of Leesburg Mobile Park , requesting that Council approve a change in th
plans for the Trailer Park playground area . He exhibited 2 plats , one
showing the area approved for playgrounds at an earlier date by the Town
Council, the other showing the proposed playground area . This matter was
discussed at length, with questions from various Councilmen and both Mr .
Phillips and Mr . Perkins answering these questions . Mayor Rollins asked
that they prepare a revised plan and present it to Council when they are
ready . Councilman Titus stated he would like to see the proposed play-
ground area fenced for protection of the children, as well as for liability
purposes insofar as the Town 's responsibility is concerned.
Mrs . Ted Moody appeared on behalf of the Chamber of Commerce request
for funds to be applied to the air conditioning of the Loudoun County
Museum. She said she had raised $500 towards this project within the past
two days from various individuals and explained that the air conditioning
is not for the employees , but for the items in the Museum. Councilman
Wallace explained that the Finance Committee discussed this but , with the
General Fund in its present condition, they did not feel that anything could
be done this year. It is possible that it might be considered in next year:!-
Budget.
ear;Budget. . This was discussed briefly by Council, with the Mayor moving that
this matter be re-referred to the Finance Committee for resubmission at the
next session of the Council . This motion was seconded by Councilman Wel-
flace:and unanimously adopted.
Mrs . Helmi Carr addressed Council, stating her position and reques
ing that she be given consideration and protection to which she feels
she may be entitled under the Ordinances of he Town and the Statutes of
the State of Virginia with regard to E 272 truction of an apartment
project on Edwards Ferry Road. She called attention to the fact that two
local newspapers have carried articles in the last couple of weeks regard-
ing this project, which articles stated that these projects were being
carried on in secrecy in order that they might be accomplished before any-
thing can be done to stop them. She said the implications were that the
3
MINUTES OF JULY 14, 1971 MEETING. -""
Town Council and adjoining landowners were probably trying to delay the;
project due to racial discrimination, and to the effect that perhaps they -
were concerned about low cost housing and, therefore , they were neithei.
altruistic nor compassionate. Apparently those pushing the project were
concerned about people with low incomes in the County . She said she does
not like and very strongly resents any of these implications . She com-
mended and complimented the Town, especially Mr. Moody , for have the cour-
age to require that good engineering practices be employed. She doesn ' t
feel that low income housing should make other low engineering practices
prevail . It is inconceivable to her that, in this Twentieth Century , any
developer would want to come in and put in open storm sewers that could
I
become breeding places for mosquitoes and flies , unsanitary and difficult
to mow, as well as presenting hazards to children during heavy rains .
She repeated that she did not believe low cost housing should have to
tolerate conditions of this kind. She understands that new plans have
been submitted that may cure some of the problems that have arisen.
Mrs . Carr said her second problem is one that is admittedly more per-
sonal, but will involve the Town. She understands that the engineering
plans for this project call for dumping thousands of gallons of storm
drainage onto Exeter. This is private property and is not owned by the
a Town and she does not believe the Town can issue a permit that will per=
C mit the damaging of adjoining property . In fact, she is not sure that,
r under FHA requirements , anything like this can be permitted. She quoted
fi several passages from the FHA requirements and provisions and believes
A there are adequate provisions under the Statutes of Virginia for taking
G care of a situation of this kind. She said there were references in the
papers about this being a non-profit organization and she wished to point
out that this property was purchased at about $4,000 an acre from the Town
and the paper said the land was sold for about $ 16 ,000 an acre. There have
been about 36 acres sold at this time , which sounds like close to a half
million dollar profit , subject to long-term capital gains taxes . She said
she is not inclined to build a drainage system to serve any Maryland or
D.C. developer. She again said she feels there are adequate provisions
under the Statutes of the State of Virginia that can be used to resolve
O this problem. She stated that she does not want to and would not like to
bring suit against the Town, nor the Council, nor any of its officials ,
that she likes Leesburg and her relationship has always been very cordial.
She believes this problem can be resolved without resorting to anything
like this , however, if necessary, she is prepared to do this and has all
legal means at her disposal. She is asking that the Town instruct its
proper officials and the developers to sit down and talk this over and try
to resolve the problems without adjudication.
Mayor Rollins ask Mr a f beop}i Rpht
should payfor the amour o �watero ha has t ibxh$$ vO zy'n She���€y.
� � � �gtaes z • �g xh `�{sxYs x�yS She
said it is . Mr. Ritter said this will be required. Mayor Rollins said
someone will compute what share will go through her property and they will
be required to put up their share of the cost . Mr. Moody said they will
have to figure the total drainage requirements and Mrs . Carr asked if her
engineers could sit and work with them. Mr. Moody said they could. Mayor
Rollins did not believe the Town should be in the position of building this
drainage, but the money should be given to Mrs . Carr, with a commitment that
the money will be used for the construction of the drainage structure - he
does not think the Town should be in the bookkeeping business . Mrs . Carr
said she is open to discussion on this . Councilman Hill asked how far this
water would have to go . Mr. Moody said this will have to be determined on
the proposed development down to Cattail Branch. He also asked if it is '•
based on the present zoning . Mr. Moody said it is based on the proposed
zoning . Mr. Ritter read excerpts from the Policy Guidelines on Storm Sewer
1 Requirements and this matter was discussed further. Mayor Rollins said the
developers have been notified that they will have to pay their share.
On motion of Councilman Pumphrey, seconded by Councilman Wallace, the
following resolution was proposed:
BE IT RESOLVED by the Town Council of the Town of Leesburg , that
the Town Manager be authorized to purchase a 3 yard Wayne Street
Sweeper, Model 973 , at a price of $13 , 980.
This purchase was discussed, particularly in view of the fact that the Gene-
ral Fund balance at this time is not in too good a status . A unanimous
roll call vote then adopted the above resolution .
,
MINUTES OF JULY 14, 1971 MEETING.
On motion of Councilman Wallace , seconded by rouncilman Hill , the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that the attached Abstract of Votes cast in the West Leesburg
Precinct for Mayor and Councilmen on May 11 , 1971 be made a
part of the minutes .
On motion of Councilman Pumphrey , seconded by Councilman Titus , the
following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that the application for extension of water and sewer lines
submitted by John C. Wright to serve Sec . II , Country Club
Apartments , be approved .
Mr . Ritter explained that this is a short extension of about 100 feet
of water and sewer line from the existing apartments . Councilman Titus
asked if this manhole is capable of serving Dry Mill Subdivision, to which
Mr. Moody replied "temporarily . " Mayor Rollins called attention to the
poor construction of the road leading into these apartments . Mr. Moody
said it was built to no-one 's specifications and, in answer to Councilmaii,
Titus ' question as to whether we would have to take this road into the
system if this area is annexed, Mr. Moody said it is not a dedicated road'
so we would not have to assume this . The resolution was then unanimously
adopted. --`
Regarding the condemnation of the Phillips , et al, property for the
Hospital Road , Mr. Ritter reported that he had talked with Colonel Valen-
tine at the Hospital to see if the Hospital Board would go along with con-
tributing one-third of the award, regardless of what it might be. They
will not agree to this - their original agreement is to pay one-third of
$8 ,800 (the appraisal figure from Wendell Kline based on a 60-foot right-
of way) , and they still agree to do this . He also contacted Larry Brown
to poll the Supervisors . He found that their Minutes show that they had
agreed to pay one-third of the award on a condemnation proceeding. It
looks like we have two-thirds of the money needed if we go ahead on
early entry . The contractor is going to start grading in a couple of
weeks and he will have to carry 4 ,000 yards of dirt to the Phillips land.
The Hospital has places they could use this dirt, but they are willing to
give this to us to help us , but we cannot put this on the Phillips property
without their permission . Also, we have to put in the sanitary and storm
sewer before this dirt is put on this land. It may be physically possible
to stock the dirt on one side or the other and push it in later. We cannot
put the sewer lines in until we get permission from them, as well as the
money, so it looks like we are in a bind on this situation. This would
mean a savings to the Town of $10 ,000 to $15 ,000 on the road costs . We do
not have the final plans yet . Mr. Ritter did not believe we could stock-
pile this dirt insofar as Mr. Brown is concerned, however , he said he
would talk to them and see if they would be willing for us to do this .
Town Attorney George Martin said it would take a lot of time , even to get
early entry , through the Court . There is the possibility that publication
would be required if Mr. Brown is so inclined, and this would take at
least five weeks . He added that we would have to show a real emergency.
Mayor Rollins asked if the Town can get the road built before winter if it
takes this long . Mr. Ritter answered "No, " we have to get the money first
(we have not sold the bonds yet) , then build the water and sewer lines
before we start on the road. He said it will be a couple of years before
they are ready to use this Hospital . Councilman Hill expressed his con-
cern over the condemnation award. After some discussion regarding this '
on motion of Councilman Hill, seconded by Councilman Wallace, motion
was macb•to delete the early entry provision for entrance on the Phillip
Altizer and Brown property in connection with the road to the Hospital.
A roll call vote of 3 to 2 defeated this motion, with Councilmen Hill and
Wallace voting for it . Further discussion was had regarding the stocking
of the dirt, with the decision that Mr. Ritter would pursue the possibility
of placing it either on the Hospital or the Phillips property . Also, Mayor
Rollins asked that the costs and connection charges on the storm drain and
sanitary sewer be worked up in order that we might tell the Hospital what
their contribution on these will be .
Mayor Rollins asked that the appointment of a Mayor Pro-Tem and a
new member to the Planning Commission be postponed until all members of
it the Council are present . .
5-
MINUTES OF JULY 14, 1971 MEETING.
On motion of Councilman Pumphrey, seconded by Councilman Wallace,
the following resolution was unanimously adopted:
WHEREAS, the Mayor of the Town of Leesburg has appointed C .
Terry Titus as a Councilmanic member to the Board of Archi- A_
tectural .Review,
NOW, THEREFORE, BE. IT RESOLVED by the Town Council for the s-
Town of Leesburg , that the appointment of C . Terry Titus by
the Mayor to the Board of Architectural Review is hereby con-
firmed.
On motion of Councilman Pumphrey, seconded by Councilman Wallace,
the following resolution was unanimously adopted:
BE IT RESOLVED by the Council for the Town of Leesburg , Virginia,
that the Town Manager be and he is hereby authorized and directed
to have inserted in the Loudoun Times-Mirror for publication on
the 22nd and 29th days of July, 1971 the following advertisement:
PUBLIC NOTICE
e
C Notice is hereby given that a Public Hearing will be
GZ held by the Council for the Town of Leesburg, Virginia , on
C. August 11, 1971 at 7 : 30 P.M. in the Council Chambers , 10 West
Loudoun Street , Leesburg , Virginia , to consider the following :
Application #ZM-4 for an amendment to the Leesburg Zoning
Map by Charles T. Brosius , William Parramore and Maude Parra-
more, and Charles T. Brosius and William P. Parramore, Trus-
tees , of 1130 South George Mason Drive, Arlington,. Virginia ,
to have rezoned from R-2 (General Residence) to B-2 (General
Business) 8.588 acres of land located on the south side of
Fort Evans Road, bounded by Fort Evans Road on the north, the
property of Tunis Campbell and applicant on the east , and the
Leesburg By-Pass on thesouthand thap.roperty of the applicant
on the west .c,
All interested persons desiring to present their views on
the above application will be heard.
By : Kenneth B. Rollins, Mayor
Town of Leesburg , Virginia
Councilman Wallace reported that he had talked with Jack Howard about
changing the Fletcher Deed and he was not in favor of going back to Mrs .
Fletcher to change it . Apparently, she is not interested in the Town
being involved in the operation of this land. He pointed out. that, under
the terms of the Deed, the Rescue Squad or the Fire Department could inter-
vene . On motion of Councilman Wallace, seconded by Councilman Pumphrey,
the following resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that Deed from Mrs . Lorraine A. Fletcher, dated December 30,
1970, granting the Town of Leesburg a parcel of land to be
used for recreational purposes , be accepted.
Mr. Ritter said the Town has no plans to do anything , it is up to the
Rotary Club, together with the County Parks and Recreation Department. ,
Phil Bolen says he has a program lined up. However, he thinks the Town r
would have to show some leadership on this . Mr. Moody commented that it ,
TII/
is going to take some grading and work to adequately drain the land in
order to use it as a recreational area . The resolution was then unani-
mously adopted.
Mr. Forbes read to Council a letter prepared by him, asking the ,
Council 's direction with regard to his interpretation of the word "sub-
divide ." In this letter, he states that he, as well as the Zoning Ad-
ministrator preceding him, was counseled by the Town Attorney that the
ownership of an apartment project or shopping center remains as a whole
with one person, firm or corporation and does not constitute a subdivision .
MINUTES OF JULY 14, 1971 MEETING.
He said he has reason to believe that he will be challenged in his de-
cision regarding this definition in the near future, and this is why he
is seeking direction from the Council. He said that the Planning Commis-
sion has nothing to do with a site plan under the Zoning Ordinance, but
would have jurisdiction over a plat of a subdivision. Town Attorney Mar-
tin said it is his opinion that this is not a division of land, so it is
not a matter for the Planning Commissia e Mayor Rollins said if the de-
veloper balked on paying his proportionlshare of storm drainage, the Town
could be negligent in issuing a zoning permit . Mr. Martin said that, from
his research, he cannot see that the Town could be responsible for this .
DeLashmutt Associates have been given a copy of the Policy adopted by
the Council in May . Mr. Moody said he has told Mr. Reines personally
that he will have to pay his proportionate share of storm drainage . Th
Mayor suggested that he be told again and tell him how much it will be .
Mr. Ritter said he does not see how this can be enforced along with a site
plan . The site plan provisions do not call for off-site storm sewer con-
struction, nor does the off-site storm drainage policy state that it is
subject to the approval of the site plan. We are trying to tie these two
together. Further discussion continued and it was the Council ' s opinion
that the way in which Mr . Forbes has been interpreting the word "subdivide"
in the past is the correct way .
On motion of Councilman Wallace, seconded by Councilman Titus , the
following Ordinance was proposed :
BE IT ORDAINED by the Town Council of the Town of Leesburg , ,
that a new Section be added to the Town Code :
Sec . 13-22 . 1 . Excessive deposit of mud and debris upon the
streets by trucks , tractors , trailers and semi-trailers pro-
hibited.
No person shall operate a truck, tractor, trailer or semi-
trailer over the streets at such time and in such manner as to
deposit or drop excessive mud or debris onto the streets from
its wheels or otherwise from such vehicle so as to interfere
with or render hazardous the use of such streets by vehicle or
pedestrian traffic .
After discussion on this Ordinance , the motion was withdrawn and Town
Attorney Martin was instructed to see just how the State statutes call
for cleaning up of such items .
Mayor Rollins said that, with no objection, all appointments will
be made at the next Council session, to be retroactive to July 1.
Town Attorney Martin asked if the Bank was supposed to dedicate
frontage to the Town. Mr. Ritter said they built up to the existing line .
Councilman Hill asked about the activity of the bond market. Mr.
Ritter said the Finance Committee discussed it at its last meeting . The
bond market looks good and bonds could probably be sold at 6 . 1 to 6. 5 ,
but we don 't. know how much we want to sell until we hear from Dewberry,
Nealon and Davis on the cost of the construction projects . Councilman
Wallace said Mr . Murray felt we should work up the resolution, hoping to
sell the bonds , and then put them on deposit until we are ready to use
them. It is hoped that they can have something on the next meeting ' s Agenda
Mayor Rollins read and presented for the record a letter from Council-
' man Murray, in which he is resigning as a member of the Planning Com-
mission . He will stay on the Northern Virginia District Planning Com-
mission .
Councilman Titus said he has talked with people in Manassas regard
ing their comprehensive Master Plan , in which they applied for 701 funds
from the State of Virginia . They started working on this project about a
year ago and, in about eight months , they got no money from them. Mr.
Ritter said he talked with Greenhorne & O 'Mara today and they want to meet
with the Council and the Planning Commission together . Mayor Rollins set
the first Thursday night in August for this meeting and asked that all
Planning Commission members be advised.
On motion of Councilman Wallace , seconded by Co ncilman Hill , the
meeting was adjourned at 10 :00 P.M.
/go- J Mayor
Cierk of e Council
--= (West Leesburg Precinct)
ABSTRACT OF VOTES cast in the Town of Leesburq , Virginia for
_ Councilman for Town of LPeshurg , at the Town :lection held
on the First Tuesday in May, A. D. , one thousand nine hundred Seventy one,viz:
(Fill at length in writing) (Figures)
,AG,. Dewey Hill received Eighty-Four ! VOTES $4
Robert A. Orr Eighty-Five 85
G. Terry Titus •, Ninety-Three " 93
Oden SPmones " Doe 1
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e, e,
et ,
et et
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el et
Clerk' s Office of the Circuit Court , May 6 , 1971
We, the undersigned , Electoral Board members of the Election held in the
said Town of L-- , _ ,) the first Tuesday ih May , 1971 , certify `+
(that ,the above sta ement of votes is a true and correct Abstract from the
'returns of said election, and do therefore determine and declare that • l
G. Dewey Hill , Robert A. Orr , C Terry Tituc 47444###'4y;#g;
RECEIVED the highest number of votes cast at said election for C. I •li, .
for Town of Leesburg
Given under our hands the day above written.
e- • -\ . )
t, e-
�� v 7=IF ) Electoral Board members
Ainigo,a_L
)
ATTEST:
4 SSecretary of Electoral. Board
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SEAL
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•
Leesburg, Virginia
July 6, 1971
•Honorable Mayor
And
Members of the Town Council,
Leesburg, Va.
gentlemen:
•
During the past six years that I have served on the Leesburg
Pan=ning Commission I found on frequent occasions my duties
conflicting with nay personal business commitments. For this
reason I hereby resign as member of the Leesburg Planning Com-
mission.
I shall continue to serve on the Northern Virginia Planning
District Commission for the remainder of my 10-month appointment,
provided it is the will of the Council and so long as it does not
adversely affect my responsibilities to my business.
Respectfully,•
ss7
•
•
5-47•
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