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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 23, 1966.
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 12. W. Loudoun Street , Leesburg, Virginia, on November 23, 1966.
The meeting was called to order with a prayer by Mayor Kenneth B. Rollins.
Others present were : Councilmen C. A. English Cole, C. Maloy Fishback,
Maurice R. Lowenbach, Jr. , Walter F. Murray, Robert A. Orr and John W. Pum-
phrey; also Town Manager James W. Ritter , Jr. and Town Attorney George M.
Martin.
The Minutes of the regular meeting of November 9, 1966 were approved with
111 general consent.
Mr. Samuel D. Engle, Attorney, representing Frederick Cable Vision Co. , pre-
sented to Council a proposed Ordinance asking for bids for a franchise by this
company in the Town of Leesburg. He introduced Mr. Pennington, electrical engi-
neer of the Company, who explained to Council the operations of such a company.
A question and answer period followed, after which, upon motion of Councilman
Lowenbach, and with approval of all present, this matter was tabled until the
special meeting to be held on December 7th.
Town Manager James W. Ritter , Jr. reported on the following:
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(1) The Phillips-Nickels Well has been started and, after pumping about
200,000 gallons, the water level has not dropped. Even though it is pumping
about 300 gallons per minute, the Paxton Well does not seem to be affected.
A series of tests for chemical and bacteriological analysis has to be run and
these should be completed in about another 10 days. After approval by the
Health Department, the well can then be tapped into the system, which should
be in about two 'weeks. He said it looks like a chain link fence will have to
be erected around the well facilities due to the fact that there are so many
children in the neighborhood. He is investigating prices on this.
(2) Mr. Williams of Johnson and Williams says that he has not yet heard
from the Health Department in Richmond regarding the plans on the sewage treat-
ment plant, he said he would call them on Friday. Easements have to be se-
cured before anything can be done with the plans.
(3) The smoke bomb tests are just about complete, with a lot of leaks
having been found during these tests. Mr. Ritter said he felt that this was
money well spent, but that it will take time and money to correct the leaks.
(4) The FAA made their final inspection on the Taxiway Extension yesterday.
(5) He talked to Lee Phillips today regarding Catoctin Circle between
Dry Mill Road and Route 7. He has presented plans on this and it has been dis-
cussed by the Street Committee. Mr. Phillips will be here on December 14th to
explain his plans, etc. to Council.
(6) The owners of the property at the corner of King and North Street
have been notified to clean up this lot, and also the owner of the old Frank
Burke Garage property.
(7) He explained the bill from Froehling & Robertson which appears on
the Agenda for consideration tonight.
Mayor Rollins asked Councilman Fishback to explain the two plans pre-
sented by Lee Phillips on Catoctin Circle. Mr. Fishback did so and the two
plans were exhibited and discussed.
Mayor Rollins asked about the sidewalk construction on W. Market Street
between Ayr and Morven Park Road. Mr. Ritter reported that the contractor had
been notified but nothing has been heard from him. It will be too late to start
sidewalk construction in a few days.
A Public Hearing was held at this time with regard to the proposed real
estate license ordinance. Mayor Rollins explained the Ordinance. No-one ap-
peared to speak either for or against the ordinance. Upon motion of Council-
man Murray, seconded by Councilman Pumphrey, the following Ordinance was
adopted by a roll call vote of 6 to 1, Councilman Lowenbach 'casting the dis-
senting vofe :
278°
MINUTES OF NOVEMBER 23, 1966 MEETING.
BE IT ORDAINED by the Town Council of Leesburg, that Section 21-41 of
the Town Code be amended to delete the licensing of Real Estate Brokers
from this section, by changing the term "Broker" to read "Any type
other than pawnbroker , loan broker and real estate broker," and
BE IT FURTHER ORDAINED, that a new Section 21-39.2 be added, entitled:
Real Estate Broker.
Every person, partnership or corporation conducting, operating,' or
engaging in the business of a real estate broker within the Town of
Leesburg shall pay the following annual license tax as follows:
If the gross amount of all commissions received during the year ag-
gregate as much as five hundred dollars and not more than ten thous-
and dollars, he shall pay the sum of twenty-five dollars.
If the amount of such commissions was more than ten thousand dollars
and did not exceed 'twenty-five thousand 'dollars, he shall pay the
sum of fifty dollars.
If the amount of such commissions was more than twenty-five thousand
dollars but did not exceed thirty-five thousand dollars, he shall pay
- • . the sum of seventy-five dollars.
If the amount of such commissions was more than thirty-five thousand
dollars, he shall pay the sum of one hundred dollars provided that
such license fee shall not be cumulative and this ordinance shall
not be construed to require an additional broker 's license from em-
ployees of a licensed broker.
Gross commissions are defined as the amount of money, or value re-
ceived throughout the next preceding calendar year in any other form
by a broker for his services, either as direct compensation by way
of a commission, or share of a commission received from another
broker, for the sale or exchange of real estate, or personal prop-
erty incluhded in e is hsuch sale , ore agent. . oFfor the collection of rent do property
for which
ths
at part of°a commisssioon/inhwnicn oneed �or° more as voiv°eea.ssion�
Also excluded from gross commissions is that portion of any real es-
tate broker 's gross commissions attributable to business done in
another place of business of such broker outside of the Town of
Leesburg, irrespective of the mode of licensing, if any, in such
other locality.
A real estate broker, within the meaning of this section, is any
person, firm, partnership or corporation who or which for compen-
sation or valuable consideration, sells or offers for sale, buys or
offers to buy or negotiates the purchase or sale or exchange of real
estate, or who or which leases or offers to lease or rents or offers
to rent any real estate or the improvements thereon' for others.
This section shall not apply to any member or employee of a firm or
to any officer or employee of a corporation in his capacity as such
member , officer or employee if such firm or corporation has taken
out a revenue license as a real estate broker.
In the event that such broker wishes to pay the maximum sum herein
provided for irrespective of his gross commissions, he may do so
without being required to reveal the amount of such commissions.
Upon motion of Councilman Fishback, seconded by Councilman Orr, the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg that
the following appropriations be made:
rl (a) $207.52 - Froehling & Robertson for making tests at Airport,
to be paid from Airport Fund.
r (b) 100.00 - N. McK. Downs for making appraisal of American Oil
Co. Easement for Sanitary Sewer Interceptor.
(c) 300.00 - Supplemental appropriation to Purification Supplies.
279
MINUTES OF NOVEMBER 23, 1966 MEETING.
Upon motion of Councilman Lowenbach, seconded by Councilman Orr , Council
voted unanimously that free parking for Christmas would be started. on December
.12th, running through December 26th.
Town Attorney George Martin asked the Council 's opinion regarding the suit
pending in Court against the real estate brokers, in, view of the Ordinance just
adopted. It was the general consensus of the Council that the brokers would
pay on the ordinance previously established until June of 1967, when the new
Ordinance will become effective. -
111
There being no further business, the meeting was adjourned at 8 :35 P.M.
dll ' , ----, ,,,, /::::ett
Mayor
. Clerk of the Council
MINUTES OF ALL MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER. 29, 1966.
07
In A call meeting of the Leesburg Town Council was held, in the Council Cham-
bers on Tuesday, November 29, 1966 at 11 :00 A.M. The following were present :
C Mayor Kenneth B. Rollins, Councilmen C. A. English Cole , C. Maloy Fishback,
C, Maurice R. Lowenbach, Jr. , Walter F. Murray and John W. Pumphrey; also Town.
Manager James W. Ritter , Jr. , who was appointed Clerk of the Council Pro Tem
in the absence of the Clerk.
The Town Manager explained that the meeting was called for the purpose
of discussing the condition of the digestor at the sewage treatment plant,
and the necessity of pumping out the digestor. Mr. Neblitt of the Air-Dredge
Company was present and explained how the pumping operation can be done with .
a Vac-All Truck, which was demonstrated at the sewer"plant yester,day.
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Upon agreement thaElsnould should proceed as quickly as possible, upon
motion of Mr. Pumphrey, seconded by Mr. Fishback, an appropriation was author-
ized in the amount of $5,000.00 to cover pumping costs and other costs inci-
dental thereto. Also included in the motion was that the contract, in writing
should be made with the Air-Dredge Company on the basis of 60 loads at $77.00
per load. This motion was passed unanimously. Mr. Cole said that he felt
that the contract and insurance documents protecting the Town from liability
should be approved by the Town Attorney.
Mr. Fishback asked that the Manager figure up the cost of building a new
sludge drying bed and to determine the number of days the total drying beds
should last without further pumping.
Upon motion, duly seconded, the meeting was adjourned.
. 11, ' — .,e_Li_l_
Mayor
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C erk\of the Council Pio-Tem