Loading...
HomeMy Public PortalAbout1972_09_13 IRS MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13 , 1972 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg , Virginia, on Sep- tember 13 , 1972 at 7 :30 P.M. The meeting was called to order by the • Mayor, with Town Manager Ritter offering the prayer. Those present were: Mayor Kenneth B. Rollins , Councilmen G, Dewey Hill, Walter F. Murray, C . Terry Titus and John A. Wallace, Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. .Absent from the meeting were Councilmen Robert A. Orr and John W. Pumphrey. Councilman Titus stated that , with regard to his reference as to I the hiring of Mr. Rosser Payne , Jr. as Consultant to work with the Planning Commission on a Comprehensive Plan, the Commission did not actually hire Mr. Payne , but recommended that he be hired. The Minutes of the regular meeting of August 23 , 1972 , as changed, were then approved. Mayor Rollins recognized Mr . J. B. Anderson, who presented to Coun- cil a Petition from residents of the Monroe Manor area , as well as some in the area of the J. T . Hirst Lumber Co. , asking that Council give con- sideration 'to corrective measures in the vicinity of Town Branch with re- gard to the drainage situation . He cited instances of previous flooding VP in this area , as well as the impending dangers as a result of the in- o crease expected in this area as newconstruction projects, are completed - and occupied. He also exhibited pictures taken at various times since ;z, • 1968 during flooding conditions . He also called attention to the fact M that a child came close to drowning while .playing in the Branch. He = asked that Council consider -doing something about this situation before it becomes worse. This matter was discussed by Council members , with questions being asked of Mr. Anderson. Councilman Wallace .asked if there are any areas that have tried to get Federal flood insurance, or if the County has applied for this insurance in any part of Leesburg. Mr. Ritter said he did not believe so. However, Councilman Hill said that Loudoun County has been designated an area which could have flood 'in- surance. Mayor Rollins stated that Council is aware of this problem and that it will be corrected - there are some studies underway at this time as to which way to take the storm drainage, however, it will be I 22 to 3 years before plans will be drawn. Councilman Titus said he would think they are talking about a quarter to a .half million dollars worth of work here . Councilman Murray commented that it is always in- teresting to see how many of these people who want this storm drainage are not willing to give their land for the correction of such situations . Councilman Hill suggested that the Peition presented be given to the Utility Committee for study. Mayor Rollins said it will be made a part of the Minutes of this meeting. Mr. .B. Powell Harrison, representing the Virginia Museum of Fine Arts and the Loudoun Chapter, spoke to Council with regard to a letter written .to the Museum in Richmond asking that the Artmobile be located somewhere in Leesburg other than the Town Parking Lot as a result of an accident that occurred when it was here in the spring. He earnestly re- quested that this situation be re-examined and was hopeful that the Town would change its mind in this regard. He cited the education and cul- ture afforded by the Artmobile to the many people who visit it when it is here twice a year, as well as to the school children who are .brought to visit it , and would think that Leesburg would want to do everything possible to bring this art to its people . Acting Police Chief James Kidwell explained what happened insofar as the accident was concerned and said that it did present a dangerous situation . Mr. Ritter explained thec-the Virginia Museum has always cooperated 100 per cent, they have always let him know ahead of time when they plan to be here so that ar- rangements can be made in advance . He also said they had picked this' lo- cation because electricity is available here - the Museum had an outlet installed on the side of the theater building just for the Artmobile . He said this is the only accident he knows of and he explained that he wrote the letter for the protection of the Artmobile - he felt it would be better if it were in a safer location. Mr. Harrison explained that it cannot be put just any place, it must be on a level piece of ground - it is heavy and is a Museum with its own security system. It carries a -million dollars worth of art, as well as having its own recording system, air conditioning and lighting , and he thinks the 8 to 10 spaces it occu- pies is a small price to pay for all of this . They want to be in the heart of Town and like the idea of being on public property as well. It was recommended by Councilman Murray that the Town Manager be directed to write a letter to the Virginia Museum, explaining the reasons for the MINUTES OF SEPTEMBER 13 , 1972 MEETING. • original letter, which was written primarily in the interest of the safety of the Artmobile itself, and that they would be happy to co- operate with them in a sincere effort to .obtain a more suitable and safer place inthearea . Perhaps some arrangement could be made to . locate it in the same area . Rev. Gordon C. Hite addressed Council with regard to the appeal of Holy Trinity Lutheran Church to establish a "No Passing" zone in this area . He stated that it was in 1970 when they began working on -this ap- peal and brought Council up-to-date on what has taken place during that time, when the Highway Department was contacted and recommended that this remain a "Passing" zone . Since that time , there have been two accidents at this location and it is a serious situation. He said he and his committee have appeared before the Street Committee and are now appearing before Council . Councilman Murray said he could see no reason to allow passing anywhere in the Town limits and could think of no place other than this that it is allowed. Mr. Ritter said the double-lining of this area would be done next week. Councilman Hill said the Street Committee only recommended that the Town Manager place this item on the Agenda for tonight. Mr. Ritter said he did not understand it this way . • Mayor Rollins said he did not believe a Committee had this authority. On motion of Councilman Murray, seconded by Councilman Titus , Council voted unanimously that the Town provide a double solid line from the intersection of West Market and Loudoun Streets to the westward perimeter; of the Town limits . Rev . Hite thanked the Council on behalf of the Church for its efforts in accomplishing this 'request . Mr. Ritter explained that Mr. Williams could not be present tonight due to a Public Hearing on another job , however, Audrey Pendergast is here and will explain the status of the HUD Grant on the Potomac River Water Project. Mrs . Pendergast said she had been in close touch with a HUD official since the end of the fiscal year. In July , he said that it looked very good, but there was one question and that is still hanging fire . This has to do with HUD 's regulation concerning the eligibility of land costs . The application required information on the site of the Treatment Plant and they stated that the Town had started eminent do- main proceedings . HUD says that , if any action has been instituted, the land cost is not eligible for grant. They (Johnson and Williams) wrote a letter in July and said that these proceedings had not yet taken place, with the hope that this might solve the problem. Last week, HUD said they were still trying to solve this problem. She said they also mentioned a possible deduction of $15 ,000 but did not say for what this would be. Mayor Rollins asked how long it will be before the Town gets the plans for the Project . Mrs . Pendergast said they hoped to have them completed by the end of November of the first of. December. . Councilman Hill expressed his concern over waiting so long on the HUD Grant when it is so urgent that we get construction started on the Plant. Mrs . Pender- gast said the official at HUD said he would get it off his desk as soon as he returns next week and she does not think it wise to go ahead until we get an answer from them. She said there is nothing else in the way of paper work that they need. She said she would call on Friday and, if we do not get a very satisfactory response , it might be wise to contact Mr . Chisholm, the head of the HUD Office in Washington. Councilman Hill said they had always met with cordiality and high hopes when various members of Council had been there and he wondered if there was any way they might make them see the urgency of this project. There followed a lengthy discussion regarding the proposed sale of the 1.5 million dollar bonds. Mr. Ritter said the State Treasurer's Of- fice wants a financial projection study before they prepare the brochur He said Johnson and Williams was authorized to make this study the firs part of 1970 and they did some work. Mr. Williams met with us on two different occasions and recommended water rate increases . At that time , his firm was authorized to go ahead with a projection of the financial situation in connection with the 1.5 million dollar bond sale . He said it would cost about $3 ,000 at that time . Today he said that what he has already done would cost about $500 and it would cost about $3,000 to com- plete the study, as well as the fact that it would take about two months to complete it. Mr. Ritter said we have not pushed him on this and the Council 's reaction was not too good at the time he presented his study, so he probably felt that we were going to pay no attention to his recom- mendation. It was the general consensus that he finish this study as soon as possible . Mayor Rollins asked Mrs . Pendergast to have Mr. Williams call Mr. Miller and find out just what he needs for this Bond Issue . lat MINUTES OF SEPTEMBER 13 , 1972- MEETING . Councilman Wallace said he would like to have several other things in this report , particularly a projection of where we go as far as our utility rates are concerned since we have instituted avail-ability charges and with the projected growth. Mayor Rollins said Mr. Williams should be notified to proceed immediately with the rest of this report . Coun- cilman Titus said he thought we should set a specifictime on this type of report- and it should be ready when we need it. Also, Councilman Hill said the Water Study was to have been presented at the last meeting and • he understands it will be another month or two before we get it. Mrs . - Pendergast said this should be completed in 30 days , however, they have I been waiting on a map delineating the exact area to be included in the study . Mr. Ritter said this map is being prepared now. Councilman Titus • said he believed the Stowers tract and south of Country Club Subdivision to Virts Corner should be included, and added that perhaps this should be discussed at the Street Committee meeting. Mr. Ritter reported that a meeting had been held with Jeffrey Snider & Company regarding develop- ment of 500 acres south of Country Club, which would have 1500 units, to be completed in 4 to 5 years , and they want water and sewer. We can 't tell them at this time that they can have this . tr Town Manager Ritter reported the following : O . es (1) We presently have 602 apartments and 102 town houses under construction in the corporate limits , with more to come . We will , there- fore , have to watch future construction very closely , with particular at- tention to water availability . (2) On the sewer plant expansion, he has talked with Mr. Williams and he thinks he should talk to Mr . Cole , Chairman of the .Water Control Board, to find out just exactly what will be required. When they went to the Water Control Board about a month ago, they could give no defi- nite answers , only that we would have to have a ."polishing pond. " (3) We have been unable to set up a date for Mrs . Carr and Mr. I Williams to meet to look for a site for the water tank for the Potomac Water Project . (4) With regard to the Route 7 -Urban Project, we have received a letter from the Highway Department , stating that they have programmed this project based on Dewberry , Nealon •& Davis ' plans . The Town will have to pay Dewberry, Nealon & Davis for the plans, but the State will pay 85% and the Town 157 of the construction cost , including right-of- way acquisition . He explained that programming does not mean that this will be constructed that fast - he explained that we will have to wait in line just like others in the Culpeper District who have requested projects . He said he believed we would have to "push" this . (5) Dewberry , Nealon & Davis is preparing revisions to the plans and plats across the properties of Mrs . Bishop and Tastee-Freez on the Fisher-Bishop Storm Sewer Project . These changes were requested by the property owners and approved by the Street Committee . The only signed easement we have on this project is that from Gulf Oil Co. , but he sees no further problems on this . (6) He has a verbal price from S. 0. Jennings and Martin and_Gass on the Blue Ridge Storm Sewer Project, which will be discussed at next Monday 's Street Committee meeting. (7) Dewberry, Nealon & Davis is laying out plans on the West Mar- ' ket Street Sewer. They went over this with Mr. Baboon, and he has agreed on a definite location that will fit in with proposed development on his land . (8) Martin and Gass has completed the Douglass Trunk Sewer. The final cost is about $9,000 less that the contract figure due to a scarcity of rock . • (9) On the proposed tree removal, one of the Hammerly sisters called him and asked that he look at these trees . He took C. M. Payne along and they all agreed that the three trees should come down. This was dis- cussed at Street Committee meeting and is a recommendation. We will pay $600, a good reasonable cost , which includes removal of the stumps. The Town will assist in the removal of brush, etc . 188 MINUTES OF SEPTEMBER 13 , 1972. MEETING . (10) A letter has been received from Henningson, Durham and Richard- son on the Master Plan for the Airport . They will present the final draft of Phase I to the FAA around September 20th. They have had a lot of discussion with FAA about air space problems over Dulles . He said we will have to watch this over the Stowers farm too. Councilman Titus asked that Mr. Ritter secure a copy of the air space plan presented by Mr. Rawls at a recent meeting for the Planning Commission. (11) He referred to the Treasurer 's statement , which looks impressive. The General Fund and the Utility Fund are in very good shape , however, we will be hurting in the 1971 Bond Fund after paying the bills recom- mended tonight . This will leave $59, 571 cash on hand in. the Fund, plus $250,000 in Certificates of Deposit , which will come due in October. This money will probably be used by sometime in November and we will need about $175 ,000 more .. This includes all projects under construction, plus the Fisher-Bishop Storm Sewer and the West Market Street Sanitary Sewer. It does not include such projects as the Catoctin Circle-Blue Ridge Storm Sewer; the Tuscarora Sanitary Sewer from Evergreen Mill Road to the old Sewer Plant and the Storm Sewer from Church Street that we are now building . At the beginning of this $650,000 Bond Issue , certain projects were set out , but they have expanded and we have added more projects , as well as the fact that labor costs have risen. (12) Mr. Knott from the Environmental Protection Agency was here about two months ago to make a final audit for our final Federal Grant payment on the Sewer Plant . He made .a detailed study . He called two days ago and wants more information before the final payment is made. He has not had a chance to get, to this yet. This amounts to about $119,000. I . Councilman Titus asked if we have ever received "as built" plans on .the Sewer Plant . Mr. Ritter said he did not think so, however, he will contact Johnson and Williams and ask them to give us these plans . Councilman Hill said we have not received any payment from the Hospital . Mr. Ritter said Col . Valentine has called regarding water and sewer connections and he has told him they cannot have these until the charges for same are paid. Mr. Hill said he was actually referring , to the mount they agreed to 'pay on the road and the sanitary sewer project, which is about $40,000. Also, how about the $23 ,600 due from the County as their share of the road? Mr. Ritter said he believes the Hospital has paid its share of the road, but the County has not . Mr. Hill said this was a part of the Bond Issue and he .thinks we should push on this . Mr. Ritter said these funds do not go into the Bond Issue , they will have to be transferred from other funds . Councilman Wallace asked Mr. Ritter if he has checked on the variance and exception fees on the Audit - it should show a transfer of $54,000 in availability Oa9s - they ,should not be in the General Fund. Mr . Ritter said he has not/to Mr. Bryant about this yet . Councilman Wallace also ,asked if the bond amortization schedule has been straightened out . Mr . Ritter said Frank Miller in the State Treas- urer 's Office is working on this . We will have to make it for 30 years , with the payments loaded .for , the first 20 years and lesser payments in the last 10 years . Mr. Wallace said the Finance Committee would like to see this Bond Issue paid off in 20 years, but this cannot be done because the Referendum was for 30 years . We will have availability charges coming in and will have the money to pay it off now and you get a cheaper rate of interest if you can go 20 'years . They had come. up with a scheme whereby all of the principal would be paid in 20 years . Mr. Wallace also asked if we know anything about the southwest quadrant of the By-Pass . Mayor Rollins said the Consultant has made his report to the Highway Department and is waiting for their recommenda- tion. He did not know what was in the report . Councilman Titus reported that the Planning Commission members, along with members of Planning Commissions from the incorporated Towns in the County , are meeting with the County Planning Commission members and staff tonight in the first of a series of meetings to be held to exchange ideas and policies of the various Commissions . MINUTES OF SEPTEMBER 13 , 1972 MEETING. Mr. Titus said the Public Hearing on the Amendments to the Subdi- vision Ordinance is set for September 26th. Also, he asked if the Chamber of Commerce has secured approval for the Cart Mart to be held on the Town Parking Lot. Mr . Ritter said they do not yet have this approval. Mr. Titus also noted that the tree in front of the Benton Smith 's on Cornwall Street is still standing . Mr. Ritter said VEPCO says they have not been able to get to it yet. Councilman Titus asked if we have heard anything from Dewberry, Nealon and Davis on the availability charges yet . They have not given us a cost on making another study yet . Mr. Ritter said he would try to have this by Monday ' s Committee meeting . Mr. Titus also asked if the survey has been made _on the Loudoun Street storm sewer to Ayr Street. Mr . Chaves said he understands this has been completed. CP The forthcoming Cart Mart to be held by the Chamber of Commerce was C discussed, as well as the fact that the Chamber should provide insurance. It was suggested that Mrs . Raflo, the Executive Secretary, be invited to attend the Committee meeting, and decided that Council will have to give this permission. Mayor Rollins asked that parking be restricted on the north side of Loudoun Street up to the Parking Lot on the dates of the Hospital Rummage sale , which is to be partially held in the Whitmore Building. Mayor Rollins said he had received a letter from the County, asking that the Board of Supervisors be given permission to use the Council • Chambers for their meetings on the first and third Tuesdays and for Pub- lic Hearings at night due to the fact that the Hotel Building is being . evacuated. On motion of Councilman Murray , seconded by Councilman Wal- lace, and after some discussion, Council unanimously adopted the follow- ing : That the Loudoun County Board of Supervisors be authorized to use the Town 's meeting room for the Board meetings at such time that it does not conflict with Town business , at no cost. Mayor Rollins suggested that Mr. Ritter advise them when regular Council meetings and Town Court sessions are held. Also, he is to advise them to have their janitor clean up after their sessions . Council also re- quested that they be asked to pay for any damages sustained to the build- ing or its contents as a result of said meetings . On motion of Councilman Murray, seconded by Councilman Titus, 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 have C . M. Payne Tree Care remove three (3) trees on N. King Street, between Corn- wall Street and North Street, in accordance with their pro- posal in the amount of $600 .00. On motion of Councilman. Wallace, seconded by Councilman Murray, the following resolution was unanimously adopted: WHEREAS, the Town Council, at its meeting on August 23, 1972 , passed a resolution authorizing the Town Manager to employ a Secretary-Clerk at a salary of $5,200 per annum, and WHEREAS, withthe ,duties' set ,forth in the •resolutionand high competence expected, it will be necessary to increase the sal- ary to a maximum of $6 ,000 per annum, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that this increase be authorized. 1-90 MINUTES OF SEPTEMBER 13 , 1972 MEETING . On motion of Councilman Wallace, seconded by Councilman Hill, the following resolution was presented for discussion : - BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be approved : $ 225 .00 - George Martin - Legal services on Kirk v. Town of Leesburg Case. General Fund-Capital Outlay-Legal Services . 1,537 .00 - Perry Engineering Co. to lower 4" water line a- cross drainage ditch at Pump House. 1971 Bond Issue . 910. 10 - Dewberry, Nealon & Davis - Stakeout Dry Mill Trunk Sewer. 1971 Bond Issue . 408.00 - Dewberry, Nealon & Davis - Stakeout Hospital Proj - ect . 1971 -Bond 'Issue . 322 .50 - Dewberry, Nealon & Davis - Wirt Street Storm Cul- vert -Survey, Design and Stakeout . 1971 Bond Issue. -` 90.00 - Dewberry, Nealon & Davis - Fisher-Bishop Storm Sewer. Engineering , Drafting and Stakeout. 1971 Bond Issue . 30 .00 - Dewberry, Nealon & Davis - West Market Street Sanitary Sewer - Stakeout & Design. 1971 Bond Issue . 1,550.70 - Carroll Concrete Construction Co. - Curb , Gutter and Sidewalk Repairs . General Fund-Capital Outlay. 17 .58 - Exspeedite Blueprint Service - Printing during June and July . 1971 Bond Issue . 580 .00 - Power Saw to cut Ductile Iron Pipe , Concrete, etc . Utility Fund-Capital Outlay . 785.00 - Mimeograph Machine . General Fund-Capital Outlay. 2 , 167 .70 - Hagerstown Cash Register - New Bookkeeping Equip- ment . Utility Fund-Capital Outlay. 72 , 975.64 - S. 0. Jennings Construction Corp. Est. #1 on Dry Mill Trunk Sewer. 1971 Bond Issue . Councilman Hill expressed his displeasure with some of the work being done by Dewberry, Nealon & Davis , particularly the work on the King Street- Church Street Storm Sewer project, which is going to cost the Town a lot of money to make the corrections . Mr. Chaves explained the situation on this project. Councilman Titus came to the defense of Dewberry, Nealon and Davis with respect to certain items . Mr. Titus also asked if the Wirt Street Storm Culvert is designed to take care of storm drainage over a 100-year period and, upon finding that it is not , expressed his feelings that this should be designed for a 100-year period in view of the fact that this is going to be a prime commercial area one of these days. He also asked what the $322.50 invoice involved. Mr. Ritter read from the invoice in explanation and said this will have to be done pretty quickly inasmuch, as the developer has already.. paid for it. Mr. Titus could not understand why they stake out on the job before the pipe is ordere Both Mr. Ritter and Mr. Chaves explained that this "stakeout" is prob- ably in connection with the engineering in order to design the project. On motion of Councilman Titus , seconded by Councilman Hill, Council voted unanimously to amend the above resolution by omitting this $322 .50 ap- propriation until it can be investigated. The resolution, as amended, was then unanimously adopted. Mr. Ritter commented that he believed the work being doneon the Dry Mill Trunk Sewer is just about equal to the work done by Martin and Gass on the Douglass Relief Sewer Project . Mr. Chaves said Martin and Gass did an outstanding job on that project. 191 MINUTES OF SEPTEMBER 13 , 1972 MEETING . On motion of Councilman Hill, seconded by Councilman Wallace, the following resolution was unanimously adopted after Mr. Ritter explained that they will have to furnish a one year maintenance bond before we make payment , and they will also have to furnish us with an "as built" draw- ing: BE IT RESOLVED by the Town Council of the Town of Leesburg, that an appropriation be made in the amount of $36 , 981 . 97 to pay Mar- tin & Gass for final estimate on Douglass Trunk Sewer Project . 1971 Bond Issue . Councilman Hill said he thought Martin and Gass were probably the best contractors we have ever had and he would like to see them commended in some way. On motion of Councilman Murray, seconded by Councilman Titus , the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that an appropriation be made in the amount of $3 ,661. 59 for tr a 1972 International Truck, received on September 8 and au- thorized on July 26 , 1972 , to be paid from Utility Fund- Capital Outlay . L1.+ Q On motion of Councilman Murray , seconded by Councilman Titus , the following Ordinance was proposed : BE IT ORDAINED by the Town Council of the Town of Leesburg, that the Code of the Municipality of Leesburg, Virginia be and the same is hereby amended by adding a new Chapter sub- sequent to Chapter 23 , as follows: CHAPTER 23 . 1 UNDERGROUND UTILITIES ARTICLE I DEFINITIONS 23 . 1-1 Utilities . Utilities shall mean distribution and service connection facilities and appurtenances thereto, for gas ; electricity ; water ; sanitary sewer ; storm sewer; communications including telephone , television, radio and telegraph, air conditioning by chilled water ; fuel, including but not limited to gasoline, oil or coal ; and similar consumable commodities or services . 23 . 1-2 New Utilities . New utilities shall mean (1) all utilities in any new. • residential subdivision of five (5) or more building lots or living units approved by the Leesburg Planning Commission and/or the Leesburg Zoning Administrator ; (2) any service facilities and appurtenances' thereto connecting an existing utility with a new structure for which the Site Plan has been approved and a Zoning Permit issued ; (3) any utility or con- nection constructed contiguous to a parcel of land being de- veloped at the time the utility is constructed in a dew lo- cation where neither existed prior to the effective date of this Chapter ; (4) all utilities in, on or contiguous to any newly _ . platted or dedicated street or public right-of-way approved by the Leesburg Planning Commission ; and , (5) the comprehen- sive installation of new lighting , traffic light standards, or. other new supporting structures . ARTICLE II UTILITIES UNDERGROUND 23 . 1-3 New Utilities Shall be Placed Underground. All new distribution and customer service utilities in- stalled in the Municipality after the effective date of this Chapter shall be placed below the surface of the ground, pro- vided that : 1;92 MINUTES OF SEPTEMBER 13 , 1972 MEETING. (a) Equipment such as electric distribution transformers, switchgear, telephone pedestals. and air conditioning apparatus which is normally installed above ground in accordance with ac- cepted utility practices for underground distribution may be so installed ; (b) Meters , service connections , and similar equipment normally attached to the outside wall of the premises it serves may be so installed ; (c) Temporary overhead facilities required for construc- tion purposes may be so installed; 111 (d) Fire hydrants , telephone booths , sewage lift stations, aerial sewer lines necessitated by reason of topography, stand pipes, gasoline pumps , gasoline and oil tank vents and fillers and other appurtenances normally installed above ground in ac- cordance with accepted engineering practices may be so installed; and (e) Any new service or apparatus installed as a replace- ment for existing equipment that is outdated, insufficient, deteriorated, damaged or in a non-serviceable condition, may be so installed in a manner similar to the equipment it replaces , only if such replacement is not part of a large-scale renovation - or modernization project, in which instance the provisions of this subsection would not apply. ARTICLE III STANDARDS 23 . 1-4 Required Improvements to be in Accordance with Standards . All improvements herein required shall be in accordance with accepted standards of utility practice for underground construction and/or in accordance with the design and construc- tion standards of the Municipality . ARTICLE IV SPECIAL EXCEPTIONS 23. 1-5 Special Exceptions Granted by Council. Notwithstanding any other provision of this Chapter, the Council may grant special exceptions , on a permanent or tem- porary basis, to the provisions hereof on such terms as it may deem appropriate in instances of emergency or unusual circum- stances to any person to erect, construct, install, maintain, use or operate poles and overhead lines and associated over- head structures provided that prior thereto the Council shall have made a finding that granting such special exception does not violate the general purposes of this Chapter and other per- ' tinent Chapters , will not be detrimental to the public interest, welfare, safety, peace or health and that such action will not constitute a grant of special privilege inconsistent with the limitations of this Chapter. ARTICLE V PENALTY 23 . 1-6 Penalty for Violation . It shall be unlawful for any person to locate, erect, con- struct, reconstruct , enlarge, change, maintain or use any build- ing or land without first complying with all applicable provi- sions of this Chapter and a violation thereof shall constitute a misdemeanor punishable by a fine of not less than dollars and not more 'than dollars and/or imprisonment for not more than days . Each and every day upon which such violation continues shall constitute a separate offense. Councilman Titus explained the purpose of this Ordinance and said the Director of Public Works is going to set up Standards , which will be incorporated in our Construction Standards . VEPCO and C & P are in agreement with this and it is certainly an improvement. 1.9 MINUTES OF SEPTEMBER 13 , 1972 MEETING. Councilman Hill said he would like to see "as built" drawings made a part of the requirement under 23. 1-4 . Councilman Titus believed the contractor should be required to contact the Utility Companies to find out where these lines are . On motion of Councilman Hill , seconded by Councilman Murray, tO� following amendment was proposed to be added to Section 23 . 1-4 : 'an as built drawingr.be. furnished_the Town upon completion of the facilitiy ." There was a great deal of discussion re- garding this , with Councilman Titus stating that, unless these"as built" drawings were certified, they would be worth nothing . Mr . Ritter ex- plained the difference in the way a sanitary sewer is put in in compari- son to the way other underground utilities are installed. Councilman Titus explained that , on a 10,000 square foot lot, it would cost around $150.00 more per lot difference to install the utilities underground. Town Attorney Martin asked if this is to apply to subdivisions outside the corporate limits . Mr. Titus said it may be incorporated into the Subdivision Ordinance later on , however, he and Mr. Ritter both believer' the developer would be responsible for these lines . Mayor Rollins asked.. Mr. Chaves what he would recommend on this matter. Mr. Chaves said he ` - would like to know at least where these lines are located, but let the ' various companies locate them more accurately at the time we might cross a, the lines . Mr. Ritter explained that all of these companies have to se- c cure a permit from the Town before they can dig up the street and, at- r tached to this permit is a sketch showing the alignment , but it does not always show the depth. He said any information as to "as built" is help- = ful, but he thinks that, on any construction where we will be near these lines , there should be a representative of the companies there to show us how deep they are. After further discussion, this amendment was de- feated by a roll call vote of 2 for, 2 against and 1 abstention, with Councilmen Hill and Murray voting for it, Councilmen Titus and Wallace voting against it and Mayor Rollins abstaining . On motion of Mayor Rollins , seconded by Councilman Murray, Council voted 4 to 1, with Councilman Titus casting the dissenting vote, to table this Ordinance until the next session of Council . Councilman Murray asked the Town Manager to contact the utility companies , including Wash- ' ington Gas Light and CATV to find out to what extent , if any, this might be a hardship to furnish these "as built" drawings . Mayor Rollins asked the Finance Committee to set the penalties on this before the next meet- ing as . well . On motion of Councilman Titus , seconded by Councilman Wallace, the following resolution was Unanimously adopted after Mr. Titus explained that he was under the impression previously that the Planning Commission could hire a consultant: WHEREAS, the Planning Commission of the Town of Leesburg in- tends to prepare a Comprehensive Plan for the Town of Leesburg, and WHEREAS, the Planning Commission desires to have a Consultant to aid it in the plan preparation, and WHEREAS, the Planning Commission has found, in its opinion, Rosser H. Payne , Jr. , AIP, of Warrenton , to be very competent and experienced in this field, and WHEREAS, the Planning Commission desires to have Mr. Payne hired as its Consultant, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of. Leesburg , that• the Town Manager be directed to con- tact Mr. Payne as a Planning Consultant , on the basis de- sired by the Planning Commission, as outlined in his letter to the Commission. • Mr. Ritter asked if he is referring to the charges outlined in Mr. Payne 's letter. Mr. Titus said Yes , and also three methods by which they want to go. He also said there is some misunderstanding on the $6 ,000, or one day a month for a year. This also includes his staff, and he has estimated this cost at around $500 per month. Mr. Titus also pointed out that they will not be meeting as a Commission on the third Thursday , but only as a committee of the Commission. There being no further business , the eeting adjo t 10: 15 P.M. ;�0, — Aezr. / Mayor Clerk of t e Council