HomeMy Public PortalAbout1973_04_25 45
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 25, 1973 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers ; 10 West Loudoun Street , Leesburg, Virginia, on April
25 , 1973 at 7:30 P.M. The meeting was called to order by the Mayor,
with Councilman Ridder offering the prayer. Those present were : Mayor
G. Dewey Hill, Councilmen Robert A. Orr, John W. Pumphrey, Herbert L.
Ridder and C. Terry Titus ; also Assistant Town Manager Robert C .
Forbes and Town Attorney George M. Martin. Absent from the meeting
were Councilmen Walter F. Murray and John A. Wallace, Jr.
The Minutes of the regular meeting of April 11, 1973 were corrected
by Councilman Titus on the third page, first line of the third para-
graph, to read as follows : "In answer to a request made at the March
14 Town Council ' meeting " This set of minutes, as corrected, was
then approved by Council. The minutes of a special called meeting held
on April 4, 1973 were also approved.
Honorable Kenneth B. Rollins , representing Green Acres Associates
on Loudoun Hills, Section 2 , addressed Council, stating that he would
like to discuss with Council members the sewer situation as it would
apply to approval or disapproval of final plats of subdivisions. How-
ever, he said he would rather defer this discussion until such time as
Cis) all Council members are present , and .asked that this matter be placed
on the Agenda for the next meeting of Council when all members will be
present. Mr. Rollins was concerned that Council has stopped all prog-
ress at the preliminary plat stage now. Their request would be to al-
low plans to proceed on their usual and ordinary course and allow final
plats to be approved by the Planning Commission and to be recorded,
with the notation on the final plat that this approval does not assure
that the owner of that particular lot or lots is entitled to water and
sewer. This notation would alert the prospective purchaser that he
does not have such assurance. The County can only issue a building
permit on a specific lot and then only if the Town so authorizes . His
proposal would be a better -procedure and would be in the interest of
Mr. Spain and Green Acres . This would affect not only Green Acres, but
111all of those in the process of having plats approved.
Councilman Pumphrey said one other developer has made this same
request and they have asked the Town Attorney for his opinion. Mr.
Martin said it cannot be done under legal circumstances - under the
Subdivision Ordinance, you cannot give final plat approval unless you
give water and sewer extension. Mr. Rollins said you cannot have sep-
tic tanks on small size lots . The Subdivision Ordinance says the Plan-
ning Commission cannot -approve a final plat unless water and sewer is
approved. Mr. Rollins said he would be happy to meet with members of
the committee and see if this could be allowed. Mayor Hill said this
was discussed and, unless an amendment is made to the Ordinance, the
Town could not operate under its present Ordinances . He suggested that
perhaps the Town •Attorney would work with the appropriate committee and
see if it can be worked out . Mr . Rollins said he believed it best to
solve all of these problems at one time.
Mr. William E. Chapman, representing C & P Telephone Company, ap-
peared before Council ,in connection with the proposed expansion of the
project in Leesburg, seeking authorization to allow a connection to the
existing sewer line on Route 7 . He said they had presented a proposed
site plan for some expansion in the nature of mechanical facilities only
at the existing facility on Route 7 and the Planning Commission ruled
this project not in conflict with the elements of the Comprehensive
Plan. Subsequent to the time the :Planning Commission permit was issued,
site plans were submitted and reviewed by the Town Engineer and he under-
stands that, with one minor exception, this is in complete conformity
with requirements . They are asking for an 8-inch sewer line extension
out to the line on :Route 7 . This proposed addition to the Plant will
include. seven fixtures, all -contained in one room. He said they have
estimated the number of employees in the Plant in 1971 at-22. . In 1976,
there will• be•-an addition of only 5, making 27 •employees. By 1981,
there will be• only 35 . . He said this .is an_,extremely limited addition
that will be put on the line and will be a -complement to the -existing
connection. His one question was why has this matter not gone before
46
MINUTES OF APRIL 25, 1973 MEETING.
the Street Committee before this time , since the Planning Commission
has already approved and given a permit on the facility? He again
asked for authorization to allow this one connection, this request be-
ing in light of the Sewer Policy adopted by the -Council on. aarch 28,
1973 . Mayor Hill said this would be considered after otheiYe9 the
regular Agenda . •
Assistant Town Manager Robert Forbes reported the following:
(1) Mr. Ritter was operated on today and was reported to be getting
along • fine.
(2) Item 1 on the Agenda should be considered in light of Items ''
11 and 12 on the Addition.
(3) He was pleased to report that he has received •a letter from
the Water Resources Administration, State of Maryland, granting exten-
sion of the permits to take water from the Potomac for another year,
from April 1, 1973 to April 1, 1974.
(4) The matter of granting water and sewer connections to a lot
on Prince Street owned by Mrs . Nannie B. Fitzgerald was overlooked at
last Street Committee meeting. He -explained that, in 1960, Mrs. Fitz-
gerald paid $125:00 for a connection to the sewer line, this evidently
being at the time the sewer line was run in front of her lot adjacent
to the Shry Subdivision. She now has sale for this lot and is very
anxious to have permission to connect to the sewer and water, however,
her lot was not on the priority list. He asked that this matter be
considered later in the meeting .
Councilman Titus asked the status of the standtank. Mr: Forbes
said he has already written aletter to Mrs . Carr, informing her that
Mr. Williams considers the site on her property useable and requesting
a reply from her as quickly as possible .
•
Mr. Titus also reported that the Planning Commission and the con-
sultant
have finished the final draft on the Site Plan Ordinance.
This will be put on the Street Committee Agenda for the next meeting.
.The next item they will take up will be the land use plan itself - they
plan to have a session next month on that and continue until it is fin-
ished.
•
There being no objection to considering the following resolution
tonight, on motion of Councilman Titus , seconded by Councilman Ridder,
the following resolution was offered: • -
. WHEREAS, in view of the construction of the -new hospital, the
Council believes that a hospital and health-related complex
' could develop in the area, and that a study should be made to
determine whether the zoning •should be changed in the general
area of the hospital to provide for a medical complex and
satellite activities ,
•
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg, that the Leesburg Planning Commission is hereby
requested to conduct a study of the hospital area to determine
the highest and best use of the area with regard to its poten-
tial dedelopment as a health and hospital oriented 'complex.
Councilman Titus believed this to be something that' should be done in
connection with' any use in this area . Both he and Councilman Ridder
said the Committee had discussed the possibility of establishing a new
zoning category for medical-oriented facilities in this area. Mr.
Ridder said, if this is not done, 'there may be other activities wanting
to come 'into the area that .would not be in keeping' with medical facili-
ties . Councilman Orr agreed with this and said the hospital is con-
sidering selling one area ,' all of this being tentative , depending' on
how much area they might need. As the community grows , the hospital
can be enlarged in different directions . He also believed there is
land not belonging to the hospital in the area that could be zoned for
such use, citing the land on both sides of the new road going into the
hospital , which land would lend itself to such a category. . Mayor Hill
believed the Hospital should be advised of the above resolution. The
resolution was then unanimously adopted.
47
MINUTES OF APRIL-25,--1973 .MEETING'. -- -- -- - -. --
On motion of .Councilman Pumphrey, seconded by Councilman Ridder,
the following resolution was offered:
: WHEREAS, 'Rezonidg Application Number ZM-12 by Loudoun Medical
• Associates has been duly processed by the Leesburg Planning
Commission and the Town Council, and
WHEREAS , the Town Council foresees that immediate development
of the subject land would create a storm water run-off problem
since there' is already a flooding condition in the areas to the
east during periods of heavy rain, aind• that the present road
III system and .access would be inadequate ,
NOW, THEREFORE,- BE IT RESOLVED by the Town Council of the Town
of-Leesburg , that action' on`this request is hereby deferred in
light 'of the resolution requesting a study by the Planning Com-
mision of .the hospital area .
Mr. Chapman, representing the Petitioners, said he understands that
__ this is a general deferment with no time limitation. In light of the
O _ earlier 'resolution, he would request that the Council defer a decision
Cr.; until the next regularly scheduled meeting on both this resolution and
CC the rezoning petition to explore the alternatives and impact of the
"'.0 original resolution, and to allow the full Council to be present to
C participate in this discussion. He said there is a quirk in the Zon-
ing Ordinance and, because of it , they would like the full Council pres-
ent on this type of decision. He requested, on behalf of the Petitioners ,
that all action pertaining to Zoning Map Amendment No. .12 be deferred
until May 9th, the main reason being that they -would like. to have the
opportunity to evaluate the impact of Item 11 and Item 12 and to work
with Town officials to see if a satisfactory solution could be reached.
Councilman Titus felt they should be afforded the opportunity to pre-
sent other alternatives if .they have such. .On motion of Councilman
Orr, seconded by Councilman Ridder, the above resolution was tabled
for two weeks until May 9th.
I
-
On motion of Councilman Titus ,. seconded by Councilman Orr, the fol-
lowing resolution was unanimously adopted:
RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA DESIGNATING
DEPOSITORY FOR MAINTAINING ACCOUNTS IN THE NAME 'TOWN OF LEES-
. - BURG, VIRGINIA" -
RESOLVED, that North American Bank & Trust , Leesburg, Virginia,
is hereby designated as a depository of the Town of Leesburg,
in Virginia, and that a checking account shall be maintained
' in said Bank -in the' name "Town of •Leesburg, Leesburg, Virginia 1
1972 Bond Issue Fund." .
BE IT FURTHER RESOLVED, that checks , drafts , •bills of exchange,
acceptances or other orders for the payment of money from said
accounts shall be signed, on behalf of this Town and. in its name,
by any two (2) of the following officers ; namely : The Town Mana-
ger, Town Treasurer. and .Deputy Treasurer.
BE IT FURTHER -RESOLVED, that North American Bank & Trust, Lees-
- burg, Virginia , is hereby designated as,'a depository of the Town
of Leesburg, in Virginia, and that a checking account shall be
maintained in said Bank in the name "Town of Leesburg, Water and
I
Sewer Availability Fund. "
BE IT FURTHER RESOLVED, that checks,' drafts; bills of exchange,
acceptances or other orders for the payment of money from said
account shall be signed, on behalf 'of this- Town and in its name,
by any two (2) of the following officers , namely : The Town Mana-
ger, Town Treasurer and Deputy Treasurer. • -
BE- IT FURTHER RESOLVED, that the Treasurer- is' hereby authorized,
on behalf of this Town and in its name, to endorse checks , bills ,
certificates of deposit or other, instruments owned or held by this
48.
MINUTESOFAPRIL 25, -1973 MEETING. -- - -
Town , for deposit in said account or for collection by said Bank;
however;• the endorsement of such instruments may be made by rub-
ber stamp endorsement containing the name of this Town without
signature, or by the endorsement of any person by such, writing
as to designate that the instrument :is intended to be credited
to the -said account ; to accept drafts , acceptances and' other in-
struments payable at said Bank; to waive demand, protest and no-
tice of protest, or dishonor of any check, note, bill of exchange,
draft "br other- instruments made, "drawn or endorsed on behalf of
the Town. However, strict compliance as to the words "Town Mana-
ger, " "Treasurer" -or Deputy Treasurer"-
appearing -after the names
of said officers on "atiy of -said instruments for the payment of
money from said checking account shall not be required.
•
BE IT FURTHER RESOLVED, that North American Bank & Trust, Lees-
burg , Virginia, is hereby authorized to honor, receive, certify,
or pay all instruments signed in accordance with these resolu-
tions , even though drawn or endorsed to the order of any officer
signing the same or tendered for cashing, or_in payment of the in-
dividual obligation of any such officer, or for deposit to his
personal account, and said Bank shall not be required, or be un-
der any obligation to inquire as to the circumstances of the is-
suance, or use of any instrument signed in accordance with these
resolutions , or the application and disposition of such instrument,
or the proceeds thereof.
BE IT FURTHER RESOLVED, that the Clerk of the Council shall cer-
tify to said Bank, the names and -signatures of the presently• duly
qualified and acting Town Manager, Treasurer and Deputy Treasurer
of this Town, and the Clerk of the Council shall, from time to
time hereafter as changes in the personnel of said officers are
made,• certify such changes to the Bank, and the Bank shall be
fully protected in relying on such certifications of the Clerk
of the Council and shall be indemnified and saved harmless from
any claims, demands, expenses , loss or damage resulting from, or
growing out of, honoring the signature of any officer so certi-
fied,
or in refusing to honor any signature not so certified, or
in refusing to honor any signature which may be replaced through
changes made by any such certification.
BE IT. FURTHER RESOLVED, that said Bank is hereby authorized and
• directed to rely and act upon the- foregoing resolutions from and
after the date of their adoption, and that the foregoing resolu-
tions shall remain in full force and effect until written notice
of their amendment or rescission shall have been received and
acknowledged by said Bank, and that receipt of any such notice
shall not affect any action taken by said Bank prior thereto.
* BE IT ALSO RESOLVED, that the Clerk 'of the Council is hereby au-
thorized and directed to certify to North American Bank & Trust,
Leesburg, Virginia, the following resolutions ; that the provi-
sions thereof are in conformity with the Charter and Ordinances
of this Town, and the laws of the State of Virginia.
I, the undersigned, further certify that the Council of the Town
of Leesburg, in Virginia, is authorized and empowered to adopt
-the foregoing resolutions by virtue of its Charter and Ordinances,
and pursuant to the• laws of the State of Virginia.
•
I further certify that the names and official signatures of the
presently duly qualified and acting Town Manager, Treasurer and
Deputy Treasurer of said Town are as follows :
Town Manager, James W. Ritter, Jr.
Treasurer, W. Emory Plaster, Jr.
Deputy Treasurer, Virginia R. Embrey
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed
the seal of the Town of Leesburg, in Virginia, by direction of the
Council the 25th day of April, 1973 .
Clerk of the Council of the Town
of Leesburg, Virginia
(SEAL)
49
MINUTES OF APRIL 25 , 1973 MEETING. - ' -
Mr.` Forbes opened bids on the investment of $125 ,000 Water/Sewer
Availability Fund :for a period of six months at this time . The bids
revealed the following :
Peoples National Bank - 6. 51%.
North _American Bank & Trust ' - .07251 . • . •
First &'Merchants National Bank -
On motion of Councilman Orr, seconded by Councilman Ridder, the
following ' resolution was ,unanimously adopted:
- WHEREAS, kids were asked for'on the 'investment of $125 ,000
Water/Sewer Availability Fund for a period of six (6) months',
' and . .
•
WHEREAS, bids were opened at the Council meeting on April 25;
and North American Bank & Trust was found to be the Bank offer-
ing the highest rate of interest, •
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg, that North American Bank & Trust be awarded the
investment of $125,000 for a period Of six (6) months, at an
c interest rate of .07251.
•
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 $50 ,000 Utility' Fund money invested with - Peoples Nat-
ional _Bank, and due May 15, 1973 , be re-invested with that
Bank for 120 days . -
On motion of Councilman Orr, sedonded by Councilman Titus , the fol-
lowing resolution was unanimously adopted:
' BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following appropriations be made : •
$ 17 . 10 - Exspeedite Blueprint -Service . Printing for month
of February. 1972 Bond: Issue.
3,434.20 - Dewberry, Nealon & David _ Market Street-Catoctin
Circle-Additional Surveys and Computing. - 1971
Bond Issue .
11,590 . 10 - Dewberry, Nealon & Davis - Market Street-Catoctin
Circle-Road Design. 1971 Band Issue .
230.00 - Perry Engineering• Co. ' - Final work in connection
with King Street-Church Street Storm Sewer. 1971
Bond Issue .
On motion of Councilman Pumphrey, seconded by Councilman Ridder,
the following, resolution was unanimously adopted, with the notation by
-Councilman Titus that the Treasurer is actually liable for spending
Money not- in the Budget : - • - . •
• BE IT RESOLVED by the Town -Council of the Town -of I:eesburg,-?
that the following appropriations be made, which are shown •
I
as minus items on Treasurer 's Financial Statement for March:
•
$210.00- Administration - Personal Services-Extra Help.
47 .31 - Other Services & Supplies - Insurance. •
217 .00 - Issuing Justice.
59.00 -- Capital Outlay - Police Car. • - •
• 41.30 - Utility Fund - Debt Service. Bank Service Charge.
50,
MINUTES OF APRIL 25 ,-1973-MEETING, — -- -- --- - .--- ------- -- - - -
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 Perry Engineering Co. be awarded a contract for the ex-
tension of the Blue Ridge Storm Sewer, from Queen Street to
Washington Street, in accordance with their proposal of April
II, at a total cost of $3 ,667 .25 .
Mayor Hill pointed out that this .extension would take the seorm sewer
from where it has stopped at Queen and Blue Ridge on up to Washington
Street and would •alleviate -some ;of the -problem -on Washington Street.
Councilman ,Pumphrey said -the -engineers estimated this segment of the
project at $10,000 and this is a negotiated contract with Perry since
they are already on the job and have their equipment there, which ac-
counts for , the lesser amount. Mayor Hill .also pointed out that the line
would have a . "dog-leg" in it in order to keep from tearing ,down some
rather valuable trees . ; r.
On motion ;of .Councilman Titus, :seconded by. Councilman Pumphrey, the
following resolution was unanimously adopted after some discussion con-
cerning the -right-of-way:- - -
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the request of Richard Clark for curb and gutter around
the Clark property at the northeast corner of Washington Street
and Edwards Ferry Road be granted, provided sufficient right-
of-way is granted:oncEdwards Ferry Road to conform to the exist-
- ing right=of-way east of this land, and .
BE IT FURTHER RESOLVED, -that this construction .be done at the
• same time that other curb and gutter work is done during the
summer of -1973 .
•
Councilman Titus questioned the right-of-way on Washington Street for
this work, however, Mr. Forbes pointed out - that it is already adequate
on this street, but -he -will have to dedicate the additional -right-of-
way on the Edwards Ferry Road side. It was also pointed out that this
would correct ,,the flooding situation and widen Edwards Ferry Road where
the dual lane transitions into two lanes.
On motion :of• Councilman Ridder; seconded by -Councilman Pumphrey,
the following resolution was unanimously ,adopted after some discussion :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the proposal -by:Herbert L. Randolph to extend his contract
for the collection and disposal of• refuse:at the sum of $4,550
.e _ • per .month, which includes use of the County Landfill, be ,and
the same is :hereby approved, in accordance with his letter
dated April 18, 1973 : • .-
Mr. Forbes said he had received a letter from Mr. Randolph today, stat-
ing that he had started using the County Landfill in January and at-
taching a. copy of .his check for this • service: This means that the
Town owes .him an. additional amount for the use of the -Landfill, be-
ginning with the month of January , however; this amount .is already in
the Budget and has been appropriated. Mayor Hill pointed out that the
Town is - criticized for many things , -but we certainly cannot be criti-
cized -for not contributing to -.the County - in -fact, there is very lit-
tle use the Town gets out of the - County Landfill. Mr. Forbes said the
brush chipper was due in heE: yesterday - it can be set up out at the
maintenance grounds or it can be .pulled to the site and cut up brush.
Mayor Hill said the Landfill will take what has been chipped withou
charge. - - .
•
On motion of Councilman Pumphrey, -seconded by Councilman Titus, the
following resolution was unanimously adopted after Mr. Forbes read the
letter requesting the waiver for - their annual carnival :
• -
. BE IT RESOLVED by the Town Council of the Town of- Leesburg,
that the license tax fee required under Sec . 21-33 of the
Municipal Code be waived for V.F .W. Post 1177 on May 7 through
May 12, 1973.
51
MINUTES OF APRIL::25, -1973 MEETING:-- - - - ---- --- -----
. -
- On motion of Councilman Pumphrey, seconded by Councilman Ridder,
the following resolution was unanimously adopted after explanation by
Mayor Hill that this is one of the cases submitted as a hardship case :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the Town Treasurer be and he is hereby authorized and
directed - to issue a check to • C. A. Webb in the amount of
$2 ,000 for refund of a portion of the availability fee charged
for water and sewer services on Lot 2, Section 2, Exeter Hills .
Mayor Hill explained that Committee members spent several hours of de-
liberation on these hardship cases . Mr. Forbes explained that "portion"
means the amount of the availability fee paid over and above the a-
. mount required before . the amendment to increase availability charges
to $1300, that amount having been $300.
On motion of Councilman Ridder, seconded by Councilman Pumphrey,
the following resolution was offered for consideration :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the, Town Treasurer be and he is hereby authorized and
directed to issue a check to Crestwood Construction Corpora-
cn
rr tion in the amount of $10,000 for refund of a portion of the
-3 availability fees charged for water services on Lots 103 through
112, Section 1, Crestwood Hamlet .
Councilman Orr asked what the situation is on this , since he has not
been in on the committee meetings, and Mr. Forbes read the letter of
request f-rom •Crestwood Construction Corporation. Mr. Robert Harris ,
attorney, came forward to speak on behalf of Crestwood, stating that
he had never represented 'thenon matters in Leesburg , however, he had
represented them on other matters , therefore, he felt qualified to
speak for them at this time , even though he was not familiar with the
specific situation at hand. He asked that Council approve this reso-
lution. Mayor Hill asked Mr. Harris to communicate to Crestwood that
111
one of the prime reasons for allowing thisproject to go ahead was the
promised-extension of Catoctin Circle. They have .completed. only a
portion of it and he understands that the utilities are in place, so
there should be no hold-up on extending the street. He said he would
be very much upset if this construction is not completed and that he
voted fon the project on the strength that they would go ahead with
this. Mr. Harris said -this was his understanding and said he would do
everything in his power, as their counsel, Co see that this is brought
to fruition at the earliest possible moment. Mayor Hill asked about
the possibility of holding up this check until some development on the
road is shown. Mr. Harris said the check could be made payable in any
number of ways , however, he has known the participants in Crestwood
for a number of years and knows theyare all honorable men. Mr. Ridder
said he did not believe it would be proper- to hold up this check - that
this is an entirely - different matter. He said he was not upset about
Catoctin Circle yet, in fact, he feels it would be hazardous to open
it to through traffic until Crestwood gets some of its equipment out
of the way . Mr. Harris said the only reason he made such a statement
was that he would hope Council and the appropriate committee would
indicate when they want construction to commence and when they want
it to end. Councilman Titus agreed with Mr. Ridder and said -he under-
stood that, when the second section of Crestwood is completed, Catoctin
Circle would be completed and he believes they intend to do this work.
Mayor Hill said he just wanted toremind them about this street. He
added that they are building a fine street, one which exceeds all the
standards the Town has . He too felt that this street would be a traf-
fic hazardatthis time. - It will certainly be a main thoroughfare for
the Town . •Mr. Harris said he would convey the message to them that the
road isto be completed when Section 2 is completed. Mayor Hill asked
that Crestwood inform. the Town when this section might be completed.
It was moved and secondedthat the question be - called and the.resolu-
tion above was unanimously adopted. •
-
Councilman Pumphrey requested that Item No. 4 on the Addition to
the Agenda not. be heard tonight, butbe re-referred to the Street Com-
mittee . .
52
MINUTES OF APRIL 25i--1973 MEETING.
On motion of "Councilman .Titus , seconded by _Councilman Ridder, the
following resolution was offered : '
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the Town Treasurer be and he -is hereby authorized and
directed "to issue a check to Bernard M. Carlton in the amount
of $1,000 ,for refund of a portion of the-availability fee
charged for sewer service on Lot "84, Section 2, Leesburg
Country Club. ' • -
It was moved and seconded that the question be called and the resolutio,
was unanimously adopted. • -
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 the 'Town Treasurer be 'and he is hereby -authorized to ac-
cept payment from K & M Engineering Corporation for water and
• sewer availability fees to serve 21 lots in Virginia Knolls,
Section 3, numbered 228,' 229, 230, 237, 233 ; 142, 143, '144, 145,
147 , 148, 150, 151 , 152 , 153, 154, 155, 156 , 157 , 158 and 159,
at the rate of $300 each for water and $300 each for sewer.
On motion of Councilman •Tius , seconded by Councilman Ridder, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that - the -request of Samuel- D. Engle, by letter to James W.
Ritter 'dated April 13, 1973, that sewer and water be -granted
to B P'Oil" Company, be denied at this time, and"
BE IT FURTHER RESOLVED, that the B P Oil Company 's proposed
site be placed on the forthcoming priority list for-water and
sewer service .. .On motion of Councilman -Titus , seconded by Councilman Ridder, the
following- resolution was unanimously adopted:- "
- BE IT RESOLVED by the Town 'Council of• the- Town of Leesburg,
that 3 :00 P:M. , April 30, 1973 , shall" be designated as a dead-
line for all requests for hardship variances in connection -with
availability fees , as amended by Council on March- 28 , . 1973 .
On motion of Councilman Titus , seconded by Councilman Ridder, the
following resolution was offered':
•
• BE -IT- RESOLVED by the Town Council of the Town of Leesburg,
that the request of L. H. Shor and Associates , Inc. to have
sewer and water availability fees assessed at the former rates
prior to the Town- Council resolution of March 28, 1973 be and
the 'same is hereby denied, and _
BE IT-FURTHER RESOLVED, that "the request of L. H. Shor and As-
sociates , Inc . for extension of water and sewer -service into
its project be and the same is hereby denied, and -
BE IT' FURTHER RESOLVED, .that the proposed project of- L. H. Shor
• and Associates , Inc . be- placed on the forthcoming priority list
for water and sewer service. •
Mr. Shor addressed Council, asking that his letters be made "public.
He said this is the second-tithe he "has asked for extension- of water
and sewer lines and he must do this to establish himself legally . He
• requesteda letter stating that the Council has denied his request. He
stated that he feels there is a cloak about this whole thing on the fees
that the builders do not understand - at least, - it has never been con-
veyed to him. He feels these fees are unjustified and he must proceed
to the Courts if the Town cannot substantiate ' its increases ' in water
and sewer availability fees . Councilman Titus asked if a copy of the
Minutes would be sufficient , to which Mr. Shor replied "Yes : ' Mr. Titus
said Mr. Shor was not present on the nights that the rates were set and
the Policy Statement adopted, when all of these things were discussed
in public. He said Council is not hiding anything, it is in the min-
utes . Mr. Shor said he cannot get this data when he comes for it. Mr.
5 3`
MINUTES OF APRIL 25, 1973 -MEETING.- -- - -
Titus- said =this data can be made available to him. Mr. Shor said that
Council raised the :fees for apartments more than for single-family
houses by comparison, particularly citing a 5-bedroom house against
a one-bedroom apartment. • He .asked that his letters be read and Mr.
Forbes read both of them. Councilman Titus said a representative from
the Water Control Board is to meet with them in a week or so and it is
hoped they can resolve some of these situations at that time. Council-
man Ridder said if they would be so inclined to .reduce the rates for an
apartment unit to less than that for a detached dwelling , this could
not be done tonight - they would have to go over the whole thing again.
There are a number of things that have come up that have changed their
way of thinking . The number of hardship cases they have been hearing,
and they have not heard them all yet, andother circumstances bear dis-
cussing , not only for Mr. Shor, but from the standpoint of other de-
velopers as well. He feels they might conceivably have to go a little
more deeply into the rate situation. He .did not feel that the rates
• are wrong , he believes they are in line with what they had to be in
order to keep the Town from going deeply into the red. Councilman
Titus said he believed the reason -for the denial of Mr. Shor 's requests
is mainly due to the stage of his plans and his request for water and
sewer extension - nothing has been finished - this is why he has been
C) placed on the priority list. Mr. Shor said he would be willing to work
CD with the Town on this and will consider a lawsuit a dead issue at this
1-' time . Mayor Hill said he felt the Utility Committee was not considering
this issue closed yet . The resolution was then unanimously adopted.
Q
On motion of Councilman Titus , seconded by Councilman Pumphrey, the
following resolution was unanimously adopted:
WHEREAS, Rezoning Application Number ZM-13 by Alpha Associates ,
Inc, has been duly processed by the Leesburg Planning Commis-
sion, and ' -
WHEREAS, the Leesburg Planning Commission, by letter dated
March 30 , 1973 , recommended to the Council that the said re-
zoning request be denied for reasons that : (1) density would
be increased, (2) anincrease in the two-way traffic flow
will occur if Fort Evans Road is dead-ended at the By-Pass,
(3) current zoning reflects good planning , (4) there is a
lack of utilities and (5) no immediate -need for the change has
been shown,
NOW, THEREFORE, BE IT RESOLVED by the Town Council for the Town
of Leesburg, Virginia, that Rezoning Application Number ZM-13
by Alpha Associates , Inc. is hereby denied for the reasons
stated by the Leesburg Planning Commission.
On motion of Councilman Titus , seconded by Councilman Pumphrey,
and there being no objection to considering this tonight, the follow-
ing resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the application for sewer extension to serve the C & P
Telephone Company be approved.
Mr. Titus said this is considered under "Public Use. "
On motion of Councilman Titus , seconded by Councilman Pumphrey, and
there being no objection to considering tonight, the following resolu-
tion was unanimously adopted :
'
WHEREAS, the Civic Clubs and Service Organizations have re-
quested the Town Council of the Town of Leesburg to allow them
to erect signs in public rights-of-way for display of their
individual signs on a single sign on Route #15 north and Route
#7 east,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that the Civic Clubs and Service Organizations be
allowed to erect said signs, with their placement, size, etc.
being subject to approval by the Town Manager and Zoning Ad-
ministrator.
5 4
MINUTES OF APRIL 25,--1-973- MEETING. -- -- - .- ---- - -
On motion of Councilman Orr, seconded by Councilman- Pumphrey, the
following resolution was offered for discussion: -
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the request of Mrs . Nannie B. Fitzgerald for inclusion
in Item 1 of the priority list be and the same is hereby ap-
proved. -
Mayor -Hill said this falls into Category I on the priority list. The
lot is currently there and the connection paid for, but Council failed
to incorporate it into the list. Mr. Forbes pointed out that it is
not actually in a subdivision that has been listed on the priority
list and, unless :it is is listed, the Health Departmentwill not issue
a permit: Councilman Titus said _this raises a whole new question,
it could establish a precedent . On motion of Councilman Ridder, seconded
by Councilman Titus , Council voted unanimously that this matter be re-
ferred to the Street Committee for consideration and be brought up again.
Mr. Forbes said Mr. Plaster has •a list of all those persons who paid for
sewer connections over the years . Councilman Titus asked Mr. Forbes
to check on similar circumstances existing in the Town. -
Councilman Titus requested that Davis Avenue be repaired. There
was discussion regarding the destruction of this road during construc-
tion of the town houses on -this street. Mr. Titus said they could be
closed down for lack of soil erosion and sediment control . The manner
' in which the workmen park their cars while on the job was also dis-
cussed. Mayor Hill asked that whatever drastic steps are necessary be
taken - the Police to .check into the parking situation, Mr. Chaves to
check on the soil erosion and Mr. Bozel to check into the street re-
pair.
On motion of Councilman Orr, seconded by Councilman Ridder, the
meeting was adjourned at 9:30 P.M.
r,
/2 . 4;4' ' „,„ •r • •
Clerk of �,Y�e Council