HomeMy Public PortalAbout1972_10_25 210
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 25 , 1972 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on Oc-
tober 25 , 1972 at 7 :30 P.M. The meeting was called to order with a
prayer by Mayor Rollins . Those present were : Mayor Kenneth B. Rollins,
Councilmen G . Dewey Hill , Walter F . Murray, Robert A. Orr, John 11. Pum-
phrey, C. Terry Titus and John A. Wallace, Jr. ; also Town Attorney George
M. Martin.
Mayor Rollins announced that Town Manager James W. Ritter will be
out of the office due to illness for an extended period and offered
the following resolution, which was seconded by Councilman Orr :
- BE IT RESOLVED by the Council of the Town of Leesburg , that
Robert Forbes be named Acting Town Manager in the absence of
James W. Ritter, Jr. , and
BE IT FURTHER RESOLVED, that he be invested with all of the
authority conferred upon the Town Manager of the Town of Lees-
burg by the Charter, Ordinances and Resolutions of this Munici-
pality , and that the said Robert Forbes be authorized and di-
rected to assume all the responsibilities and duties of Town
Manager of Leesburg during the absence of James Ritter.
On motion of Councilman Murray , seconded by Councilman Wallace, the
following amendment was adopted by a roll call vote of 4 to 3, with
Mayor Rollins and Councilmen Hill and Orr dissenting :
To add the word "temporary" in front of absence in- both of the
above paragraphs .
The resolution, as amended, was then unanimously adopted:
Mr. Forbes was invited to sit at the Rostrum. He presented a list
of the current projects and their status at this time so that Council
might know just what has been taking place .
On motion of Councilman Titus , seconded by Councilman Wallace,
the following Ordinance was unanimously adopted; after some discus-
sion regarding the requirement of "as built" drawings and the addi-
tional cost to developers :
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, gaso-
line , oil or coal ; and similar consumable commodities or ser-
vices .
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 facili-
ties 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 connection con-
structed contiguous to a parcel of land being developed at the
time the utility is constructed in a new location 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 comprehensive installation of new light-
ing, traffic light standards or other new supporting structures .
211t;
MINUTES OF OCTOBER 25 , 1972 MEETING .
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 gound, pro-
vided that :
(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 nor-
' mally 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;
(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, de-
teriorated, 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 renova-
' tion 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 con-
struction and/or in accordance with the design and construction
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 overhead
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 50 dollars
and not more than 250 dollars , and/or imprisonment for not more
than 30 days . Each and every day upon which such violation con-
tinues shall constitute a separate offense .
212
MINUTES OF OCTOBER 25 , 1972 MEETING.
Councilman Hill commented that, since "as built" drawings would not be
furnished by the Utility Companies , he would certainly expect them to
locate any lines at a moment 's notice if necessary . Councilman Titus
complimented Mr. Forbes on his work on this Ordinance .
On motion of Councilman Pumphrey , seconded by Councilman Murray,
the following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the application for extension of water and sewer lines
by John C. Wright , to serve 99 Leesburg Country Club Apart-
ments ,
Sec . 3 , be approved .
Councilman Titus called attention to the fact that this application
should have been made by the developer, not by the Town Manager, and
Councilman Hill pointed out that a developer could be stuck with no
water and sewer lines unless application is made ahead of time . Mayor
Rollins asked Mr. Forbes to inform Mr . John Wright that approval will
have to be secured prior to installation of any more water and sewer
lines .
On motion of Councilman Pumphrey, seconded by Councilman Orr, the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the request for rezoning by Research Homes , Inc . on a `=
19-acre tract , west of Virginia Knolls , from R-2 to R-4, be
referred to the Planning Commission .
On motion of Councilman Pumphrey , seconded by Councilman Titus ,
the following resolution was unanimously adopted :
WHEREAS , the Town Council of the Town of Leesburg , adopted a
resolution on August 9, 1972 , requesting financial assistance
from the Highway Department on a proposed Urban Project on
Rt. 7 from Sycolin Road to a point west of Catoctin Circle ,
and
WHEREAS , the Highway Department has indicated its willingness to
participate in the cost of this project to the extent of paying
85% of the cost of construction, including right-of-way, and
WHEREAS, preliminary plans have been submitted to the Highway
Department for its review and comments , and
WHEREAS , it is now the desire of the Town to set up another
Urban Project on Rt . 7 , to connect with the above project, and
which would extend from Sycolin Road to the By-Pass at the East
Corporate Limits on Rt . 7 ,
NOW, THEREFORE , BE IT RESOLVED by the Town Council of the Town
of Leesburg , that the Highway Department be requested to set up
an Urban Project as described above , with the Town providing
15% of the total cost of the project .
Councilman Murray asked the status of the light at this time at Catoctin
Circle and Route 7 . Councilman Titus said the Highway Department esti-
mates possibly spring to start construction on the first Urban Project
and the light would be installed after completion of this project. •
On motion of Councilman Wallace , seconded by Councilman Orr, the
following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following appropriations be made :
$ 150 .00 - Soil Consultants , Inc . - Soil samples for CBR
value on Washington Street . Streets -Capital
Outlay-Streets-Resurfacing .
34 ,664 .80 - Perry Engineering Co . Final estimate on King Street
to Church Street Storm Sewer. 1971 Bond Issue .
213'
MINUTES OF OCTOBER 25 , 1972 MEETING.
Mr. .Chaves said the CBR test on Washington Street was worth doing . Mayor
Rollins said he is reluctant to vote to pay Perry Engineering Company be-
cause they did not compact the soil as they should have done . Mr. Chaves
said there is one place where they did not compact it . that will have to
be checked out yet , however, the back part of it is good - they compacted
this from the bottom up. Mayor Rollins said they did not do it from the
bottom up as they should have though to start out with. There was also
discussion and decision that they not be paid until a Defect Bond is fur-
nished for a period of one year.
Mayor Rollins asked that steps be taken to see that there is proper
compaction on the Hospital Road. He also called attention to a bad place
in Edwards Ferry Road where the Gas Companyinstalled a line . Mr. Chaves
said they have . to come back and fix this .
The above resolution was then adopted by a vote of 6 to 1, with
Mayor Rollins voting against it . ,
On motion of Councilman Murray , seconded by Councilman Titus, thee
following resolution was offered :
tP
0 .
WHEREAS, an Agreement was entered into on July 5 , 1963 be-
tween John A. Wallace and Aaron A. Paulson , Trustees, and
the Town of Leesburg , whereby said Trustees obligated theme
Q selves for the payment of $ 157 ,000 to the Town of Leesburg
on the sale of the old Airport property, and
. WHEREAS, said Trustees have fulfilled their obligation by the
payment in full of the $157 ,000, plus interest ,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that the Town Manager be and he is hereby author-
ized to release the deed of trust on the Land Records , for Loud-
oun County and to mark the note "Paid and Cancelled" and de-
' liver the note to the makers .
Councilman Hill asked if this includes the increased interest we had to
pay last year. Mayor Rollins asked Mr. Forbes to check and make sure
this interest has been paid . The above resolution was t e xxma tK44sayx
adopted, with Councilman Wallace disqualifying .
On motion of Councilman Orr, seconded by Councilman Pumphrey, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that $9, 388.88 be transferred from the General Fund to the
Utility Fund, representing off-site sanitary sewer charges
collected, as shown in Auditor 's Report .
On motion of Councilman Pumphrey , seconded by Councilman Titus ,
the following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that an appropriation he made in the amount of $100.00 to pay
for Court reporting service on Rust case , to be spent out of
the 1971 Bond Issue , and reimbursed from the 1. 5 million dol-
lar bond issue .
Mayor Rollins said the spot for the water tank will have to be determined
I
very soon on the Potomac River Water Project . He also reported that the .
plans for our Sewer Plant expansion will be presented to the Water Control
Board for its approval. The Town should receive 80 per cent of the fit-
nancing on this .
Mr. Frederic Spain and Mr . Robert Silverman addressed Council with
regard to a request for rezoning of property located on Fort Evans Road.
Mr. Silverman said he had now furnished the information asked for at the
last Council meeting , and Mr . Forbes said this application is now in
proper order . There were questions and answers between Council members
and Mr. Spain and Mr. Silverman with regard to plans for the property,
after which, on motion of Councilman Wallace, seconded by Councilman
Murray, the following resolution was unanimously adopted:
214
MINUTES OF OCTOBER 25 , 1972 MEETING.
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that the request for rezoning by Frederic Lee Spain on a
9.9806 acre tract and a 26 ,056 sq. ft . tract of land on Ft.
Evans Road from R-2 to R=3 be referred to the Planning Com-
mission .
On motion of Councilman Murray , seconded by Councilman Orr, the
following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,,
that water and sewer extension applications be approved for
Huntland Homes Subdivision, Section I.
Mr. John Moran was present and asked for approval of the above resolu-
tion. He also explained that K & M Construction Co. had coordinated with
the Highway Department ' s plans regarding the loop on the Southwest Quad-
rant of the By-Pass . They have re-arranged their plans so that they
will build on Davis Avenue only and reduced the number of lots from 26
to 16 . He said Mr. Chamberlin is working with Mr . Chaves on the engi-
neering plan and they expect to ask for final plat approval at the next
Planning Commission meeting . The above resolution was unanimously
• adopted.
Mayor Rollins presented for the record a letter from Councilman
Titus , in which he submits his resignation as a member of the Board of
Architectural Review. On motion of Mayor Rollins, seconded by Council-
man Wallace , Council voted to accept this resignation. Mayor Rollins
then appointed Councilman Murray to succeed Mr. Titus on the Board of
Architectural Review for a term co-extensive with his term on the Council.
This appointment was moved by Councilman Orr, seconded by Councilman
Wallace and unanimously approved.
Mayor Rollins asked that flowers be sent to Mr . Ritter from the
Council.
Town Attorney George Martin said there was nothing firm on the
plat presented to the Court in the Rust condemnation case regarding
a tank that will have to be located on this property. Mayor Rollins
said he had taken care of this and, if we put up something they object
to, they can sue us for damages at that time . There was some discussion
as to whether this might be an underground or above-ground tank, with
Mayor Rollins stating that this would have to be decided by Council when
the time comes .
There being no further business , the meeting was adjourned at 8:40
P.M.
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Mayor
C erk of le Council
Town Manager TOWN OF LEESBURG Mayor
James W.Ritter,Jr. Kenneth B.Rollins
Treasurer IN VIRGINIA Councilmen
W.Emory Plaster,Jr. G.Dewey Hill,Jr.
C.Terry Titus
Deputy Treasurer Dr.Walter F.Murray
Margaret G.Buchanan INCORPORATED 1738 John Robert Orr
John Pumphrey
A.
John A.Wallace,Jr.
Town Attorney
George M.Martin LEESBURG, VIRGINIA 22075 Clerk of Council
Director Planning E.Zoning Dorothy B.Rosen
Rani C.Forbes
October 9, 1972
Hon. Kenneth B. Rollins
Mayor of Town of Leesburg
Leesburg, Virginia, 22075
Dear Kenny,
I have found that with the demand of personal, Council and Planning Com-
mission work I am unable to remain on the Town' s Board of Architectural Re-
view. Therefore, I am hereby submitting my resignation from the said body
in hopes that you will appoint someone who is able to give it the attention
it should have.
The Board has done and continues to do a great service in the preservation
of the old and historic district of this town. I feel that if I remained I
would bo doing a disservice to the dedicated members of the Board by contin-
uing and not being able to devote more time to it.
Respectfully.
C. Terry tus
Council ember,
• Board of Architectural Review
cc, Mr. Phil Brownrigg, Chairman
Board of Architectural Review
Town of Leesburg, Virginia