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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