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HomeMy Public PortalAbout1973_11_28 182 MINUTES OF REGULAR MEETING OF .LEESBURG TOWN COUNCIL, NOVEMBER 28 , 1973. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia on No- vember 28, 1973 . The Mayor called the meeting to order at 7 :35 P.M. , with Councilman Orr offering the prayer. Present were : Mayor G. Dewey Hill , Councilmen Walter F. Murray , Robert A . Orr, John W. Pumphrey , Herbert L. Ridder and C . Terry Titus ; also Town Manager James W. Ritter and Town Attorney George M. Martin. Absent from the meeting was Councilman John A. Wallace , Jr. • • The Minutes of the regular meeting of November 14, 1973 were ap- proved as written . • Mr. Lester Sorensen , Jr. of Sorensen Construction Co . advised Council that the local builders ' association is studying water-saving devices and will present its report to the Utility Committee sometime in the near future , hopefully within the next month. Town Manager Ritter reported as follows : (1) Item 2 on the Agenda is not an appropriation , but is in con- nection with the Northern Virginia Planning District Commission 's de- velopment of the 1974 Comprehensive Law Enforcement Plan. Each com- munity is being asked to submit to them its willingness to allocate the appropriate matching funds in the next Budget to finance the equipment needed or the Law Enforcement Program to be initiated in 1974 . We find we are in need of certain equipment , such as finger- print equipment , camera and photo processing eqipment, slide pro- jector, etc . Together with the training , kge think $1,000 will cer- tainly cover it , in fact , it will. probably Such less . At any rate, our share of cost would be about 5%. (2) On Item 4 , the name of the owner has to be inserted. The property referred to is the old Herbert Bryant property on Harrison Street . He has asked the Town Attorney to determine the name of the owner. (3) We have a firm price on a 1974 Ford police car from Leesburg Motors . The Plymouth people were not interested in bidding on this . We paid $3 ,450 for a car last year through the State Purchasing De- partment . We need one now due to the fact that one of our cars was in an accident recently and was totalled. . We have $7 , 100 in the Budget for two police cars this fiscal year. (4) Three bids were received last Wednesday on the three utility projects in connection with the By-Pass construction. Dewberry, Nea- lon and Davis has; reviewed all of them and has:a recommended award to Lon E . Havener, who is the low bidder. His bid was $73 ,206 . 95 and is 29 per cent lower than Dewberry , Nealon and Davis ' estimate . Upon adoption of this resolution, he will submit the necessary informa- tion to the Highway Department and, after their approval, he will have Dewberry, Nealon and Davis award the bid to the successful bid- der. The last paragraph of the resolution should be changed to read "the Town Manager be authorized to have Dewberry, Nealon and Davis award the bid to the successful bidder it (5) The Environmental Impact Statement on the Rt . 15 Urban Proj - ect must be sent to the Highway Department by December 1st. This will be read by them at a Public Hearing sometime in the future. It con- tains 23 items on how this project would affect the social and en- vironmental aspects of the community. (6) He has a design plan of the torospherical water tank here tonight if anyone wants to see it . It has been reviewed by the Utility Committee . (7) He is concerned about the 60 ,000 gallon elevated water tank. It is an old wooden tank and has just about lived its usefulness . It is shut off now, but has as much water in it as it can take without leaking . There is a bad leak about one-fourth distance from the top. They managed to gain more height in the big tank at the Hospital to offset the loss in the little tank . 183 • MINUTES OF NOVEMBER 28, 1973 MEETING. (8) The entire Agreement with Tuscarora will have to be re- written, it involves more than just changing the name to Jeffrey Sneider, who inherited the Agreement . Several items in the Agree- ment have already been accomplished and they have changed the size of the tank site lot . (9) He explained Items 6 and 7 on the Addition, both of which concern our Manual on Policy Guidelines Off-Site Sanitary Sewers , Storm Drainage and Sewers and Suggested Design Criteria Water and Sewer Lines , Streets and Appurtenances . The date shown on the cover reads Approved by Council October 13 , 1971 , which is the correct date for adoption of Suggested Design Criteria , etc . , however, the Policy Guidelines was adopted May 12 , 1971 . Resolution No . 7 cor- rects the March 8, 1972 resolution by showing the correct date of the Policy Guidelines . This was discovered in going through the Minutes when we brought the Code up-to-date . (10) Daniel A. Robinson & Associates has initiated its study on Personnel Policies authorized by Council at its last meeting. Mr. Henry Burt , Principal of the firm, is making this part of the study. `C) He was here about three hours Monday afternoon and will come back Cb Thursday and Friday to secure more information , meet with Department heads , review personnel records and policies , etc . He was very favor- ably impressed with him and feels we will get a good study from this Q firm. (11) He asked Council members to bring their copies of the Town Code to the office in order that they might be brought up-to-date. Several days have been spent going through the Minutes and we have the necessary sheets ready to insert to bring them up-to-date . (12) On Friday , December 7th, representatives from the State Water Control Board will be here to make a performance audit to de- termine the adequacy of operation at the Sewer Plant . This is neces- sary due to the fact that the Plant was financed by Federal money and is a part of the EPA regulations . In connection with this study, there are a number of forms to be completed on the Plant operation and we hope to have them ready by December 7th. Councilman Ridder reported that the Northern Virginia Planning District Commission will meet tomorrow night, trying to decide on the alternates that will be selected for further study in the Area I Study for sanitary waste disposal . There is a possibility of about 1,000 alternates that could be selected. In a recent meeting , they attempted to narrow these down to some sort of manageable proportions —Among. - the possibilities are a permanent site at Leesburg or a temporary at Herndon, or vice versa ; or perhaps either a temporary or a permanent site at both places while waiting for use of the Dulles Interceptor and Blue Plains ; the pumping of sewage to land areas in Western Loud- oun ; or a number of sites that may be considered in the Sugarland Run area . The public is invited to this meeting , to be held in the McLean High School Auditorium at 8 :00 P.M ., and he assumes they will be al- lowed to have further inquiry into this matter. He invited all those that could to attend this meeting . He believed they would probably select three (3) alternates to be further studied by the Consultant. The preliminary study is already about 3 inches thick and it points out only the possible sites to be further studied. Councilman Titus said that , in going over the Water Study from Johnson and Williams , he finds a lot of information that is repetitive and feels it needs some more work before we accept it . He checked the contract for the Study with Johnson and Williams and finds that one paragraph stated we would have a progress report during the time the report was being made and a second one within 30 days after the report is presented. He also found some items he disagrees with and feels we should notify Johnson and Williams that we cannot accept the Report until further consultation with them. Both Mr . Chaves and Mr. Ritter also felt that there were items that need to be clarified and discussed with Mr. Williams . Mr. Ritter suggested that the Committee 184 MINUTES OF NOVEMBER 28 , 1973 MEETING. -• make a list of the items that need to be discussed with him and then set a date to discuss them with him. On motion of Councilman Titus , seconded by Councilman Ridder, Council voted unanimously as follows : That a letter be written to Mr . Williams by the Town Manager, referring him to Paragraph (f) in the Contract and stating , that we would like to have such a meeting before we accept the Water Study for the Town . Councilman Pumphrey asked if the complaint from Mr. George Flet- cher has been taken care of . Mr . Chaves explained that Perry Engi- neering apparently broke the concrete slab in front of his driveway when they were replacing the sanitary sewer on Fairview Street . This is on the Town right-of-way and , since he had something there before Perry did their work out there, he assured him that the Town would take care of repairing this to give him an all-weather surface going into his driveway on that side of the house . ' Councilman Pumphrey said that Mr . Buchanan at the Paxton Home has complained that they get a lot of traffic in the evenings on the road leading to the Paxton Well from the dead end of Wildman Street. He asked if there might be some possibility of putting a chain across this to make it private property. After some discussion, it was de- cided that this would take no more than a chain across the end of the street with a lock on it , and with the Town employees and the Police having a key for access to the Well . Mr. Sorensen said this would • not bother them until such time as they get sewer taps and develop this property , in fact , there are existing posts there that can be used. Mayor Hill also spoke concerning the NVPDC meeting tomorrow night, stating that he and Delegate Rollins would be going and as- sumed Mr. Ridder would be attending also. He suggested meeting at the Town Office at 6 :30 and go together in view of the fuel crisis . He invited all those interested to attend, adding that he felt they would need all the support they could get . Mr . Lester Shor addressed Council at this time, prefacing his reasons for appearing before the Council tonight with 11 personal re- g4CPs k spgtated that rumors had come to him that he 'had the City . /and wis e'a to state that he had never made such a statement, nor thougtt such a thing , and he felt he had always dealt with the Town in all honesty, in spite of the fact that he and the Town do not agree on matters presently in litigation . His question tonight is one that has nothing at all to do with the lawsuit and he could see no reason to have to go through the Town 's attorneys unless the Town felt it must be done that way . He said the Town 's resolution of June 13th stated that, in order to protect his position on the Priority List adopted on said date , his site plan must be revalidated at the end of one year. He believed that the Site Plan Ordinance stated that, if construction has begun, there is no need for revalidation . He pointed out just exactly what has been done on the property, be- lieving that they have complied and would not have to revalidate the site plan . However, he would like some position from the Coun- cil as to what they should do . Mayor Hill suggested that he address a letter to the Town with this request now - this being a couple of months prior to the expiration date , February 19th, and allow Coun- cil to act on this . Mr. Shor agreed to do this . Mr. Shor also wished to address Council concerning his reasons for not accepting the offer made by the Towb 's attorneys . Mr. Martin advised that this concerns the litigation and Councilman Titus did not wish to discuss it at this time . However, Mr. Shor said he did not wish to discuss the matter, but merely to explain why he could not accept the offer. He gave our attorneys a schedule of taps as to when they would be needed and used. Mr. Blankingship offered the taps and then go back to Court to create a fee structure. In read- ing a report from the Water Control Board, which cites the progress the Town is now making with the Sewer Plant, and in reviewing his po- sition on the Priority List, he would be getting the taps at the time he starts the job anyway, so he could not accept this "deal. " He said that the heart of his suit is the fee', therefore , he could not accept this offer. 185 MINUTES OF NOVEMBER 28 , 1973 MEETING. Mayor Hill said Mr. Davison 's term on the Planning Commission will expire on December 31st and asked that members be considering an appointment or reappointment during the next month. On motion of Councilman Titus , seconded by Councilman Orr, the following resolution was offered : BE IT RESOLVED, that the following appropriations be made : $ 3 ,441. 25 - Boothe , Prichard & Dudley - Legal Services in connection with Shor Suit . Utility Fund-Capi- tal Outlays . 1,000 .00 - Office Furniture . General Fund-Capital Outlays . 4 . 32 -. Exspeedite Blueprint Service - Printing for month of August . 1972 Bond Issue . 860.00 - Martin, Riemenschneider & Murtaugh - Conferences with special counsel, etc . Utility Fund-Capi- p tal Outlays . 37 .67 - USDA Conservation Service - Printing for Flood Plain Study. $1, 900 in Budget . General Fund- Capital Outlays . G 28,309. 92 - Perry Engineering Co. - Est . No . 7 and Final - Hospital Road Project . 1971 Bond Issue . On questioning by Councilman Titus , Mr. Ritter explained the $1,000 appropriation for office furniture , a portion of it being for file cabinets purchased several months ago. Also, a desk and chair will be needed if an Administrative Assistant is hired and the earliest delivery date is 60 days . Mayor Hill asked if we have received all of the rebate on the Hospital Road from the County and the Hospital. Mr. Ritter said we have received $23 ,600 from the Hospital, however, the County requires an itemized bill, on which they are working now - this is around $24,000 . He pointed out that the check to Perry will be held up until they submit a one• year maintenance bond, as required under the contract . Also, "as built" drawings must be submitted. Councilman Titus raised the question concerning what would happen if the amount to be paid by each party is less than what the Hospital has already paid -, should we rebate that portion? Mr. Ritter said they would look at it both ways . The above resolution was then unani- mously adopted . On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was offered : BE IT RESOLVED, that the Town of Leesburg is willing to allo- cate the appropriate matching funds , estimated to be approxi- mately $ 1,000.00 (Town 's cost) , for equipment and training of personnel, in connection with the NVPDC action program of the 1974 Comprehensive Law Enforcement Plan . After some discussion and explanation of this item, the above was unanimously adopted. On motion of Councilman Orr, seconded by Councilman Pumphrey, the following resolution was unanimously adopted: WHEREAS , the Town Council , at its meeting on Oct . 24, 1973 , adopted an Ordinance entitled "Masks or Disguises , Trick. or Treat Visitations and Halloween Curfew" and assigned Sec . 15-56 to cover this, and WHEREAS, Sec . 15-56 covers the placing of circulars , etc . on cars , previou4, adopted, NOW, THEREFORE, BE IT RESOLVED, that Sec . 15-57 be assigned to cover "Masks or Disguises , etc . " 186 MINUTES OF NOVEMBER 28 , 1973 MEETING. On motion of Councilman Murray , seconded by Councilman Orr, the following resolution was unanimously adopted after a great deal of discussion. between Council members and the Town Attorney concern- ing the Town and State Code sections applicable in this case : BE IT RESOLVED, that Leesburg Grain and Feed, Inc . be noti- fied that they will be required to clean up the site formerly occupied by their firm on Harrison Street in Leesburg, which contained a building destroyed by fire, and which resulted in an accumulation of debris , and BE IT FURTHER RESOLVED, that unless the debris is removed and the lot restored to a condition satisfactory to the Town of Leesburg by February 1, 1974 , the Town of Leesburg will pro- ceed against Leesburg Grain and Feed, Inc . under Town Code Sec . 12-8 , 12-9 and 12-10, and under Sec . 15 :1-867 of the State Code . Mayor Hill said he would like to see this pursued in a. very vigorous manner and asked that Mr. Ritter keep the Council informed on this matter. On motion of Councilman Orr, seconded by Councilman Pumphrey, • and after discussion concerning the date for Public Hearing and ex- planation by the Town Attorney as to the need for this , the following resolution was unanimously adopted : WHEREAS, the General Assembly , by statute , has fixed the time for election of municipal officers on even years ; and WHEREAS , the amendment to the Charter for the Town of Lees- burg , Acts of Assembly of 1971, Chapter 81, provided for the election of the council members and mayor on all odd numbered years ; and WHEREAS, the Council proposes to request the next session of the General Assembly to amend the appropriate Charter provi111 - sion to bring the time for election of municipal officers in conformity with general law. • BE IT THEREFORE RESOLVED that , pursuant to Chapter 18, Article 10, of the 1950 Code of Virginia , Section 15 . 1-912 , a public hearing be held , after due advertising , on the following pro- posed amendment to the Charter, and that the following notice be and the same shall be published in the Loudoun Times-Mirror, a newspaper of general circulation within the Town of Leesburg . NOTICE OF A PUBLIC HEARING ON ADOPTION OF AMENDMENT TO CHARTER BY THE TOWN OF LEESBURG, VIRGINIA The Council of the Town of Leesburg will hold a Public Hearing on December 26 , 1973 , at 7 :30 P.M. at the Town Coun- cil Chambers , with respect to the request of the Council to the General Assembly to amend its Charter, at 'which time citizens of the Town of Leesburg desire that the Council re- quest the General Assembly to amend said Charter. The following is the amendment to be requested: An Act to re-amend and re-enact Sections 2-2 and 2-3 of Chapter 81 of the Acts of Assembly of 1971, approved February 24 , 1971 , which amended Sections 2=2 and 2-3 of Chapter 433 of the Acts of Assembly of 1962 , which pro- vided a Charter for the Town of Leesburg , in the County of Loudoun , the re-amended sections relating to election, composition and terms of Council ; and election and terms of mayor . � 7 MINUTES OF NOVEMBER 28 , 1973 MEETING . BE IT ENACTED BY THE GENERAL ASSEMBLY OF VIRGINIA : 1 . That Sections 2-2 and 2-3 of Chapter 81 of the Acts of Assembly of 1971 , approved February 24, 1971, be re-amended and re-enacted as follows : . Section 2-2 . Election of Council ; composition ; terms of office . The members of the council in office at the effective date of this charter amendment are hereby continued in of- fice until the first day of July in the even year succeed- ing the term of office for which they were elected. Coun- cilmen shall be elected to four year terms on the first Tuesday in May of every even-numbered year in the manner herein provided: Three councilmen shall be elected in the municipal elections held in May, nineteen hundred seventy- four, and in municipal elections held every four years thereafter . - Three councilmen shall be elected in the municipal elections held in May , ninteen hundred seventy- C six , and in municipal elections held every four years thereafter . The members of the council shall take office CID on the first day of July, after their election. Said —D council members shall continue to discharge the duties of their respective offices until their successors have been qualified. Section 2-3 . Election of mayor ; term of office and mayor pro-tempore . The mayor in office at the effective date of this chapter amendment is hereby continued in office until the first day of July 1974. On the first Tuesday in May, 1974 , there shall be elected by the qualified vot- ers of the municipality, a mayor for a term of two years , beginning on the first day of July , 1974 . On the first Tuesday in May of each even year following 1974, the Mayor shall be elcted, for a term of two years , beginning on the first day of July of the year of his election. The mayor so elected shall continue to discharge the duties of the office until a successor shall have qualified. The mayor shall preside at all meetings of the coun- cil and he shall be a regular member of the council. He shall be recognized as the head of the municipal government for all ceremonial purposes , the purpose of military law and the service of civil process . The mayor shall authenticate by his signature such documents and instruments as the council, Constitution or general laws require . In the absence or disability of the mayor, the coun- cil shall appoint a mayor pro-tempore to serve during such absence or disability with the same powers and duties . An emergency exists and this act is in force from its passage . A copy of the amendment to the Charter may be examined at the Town Office . Public Hearing December 26 , 1973 , at 7 :30 P.M. at the Town Council Chambers . THE COUNCIL FOR THE TOWN OF LEESBURG, VIRGINIA 188 MINUTES OF NOVEMBER 28 , 1973 MEETING. On motion of, Councilman:!Pumphrey , seconded by Councilman Ridder, the following resolution was unanimously adopted: BE IT RESOLVED, that the Town Manager be authorized to place an order for a new 1974 model Ford Police Car, in accordance with quotation from Leesburg Motors , together with specifi- cations attached, at a price of $3,885 .00. Mr. Ritter reported that the Town received $1 ,250 from the insurance company, which was taken in in the General Fund - we have the old car that was totalled and can use right much equipment from it . Councilman Orr left the meeting at this time . On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was unanimously adopted: WHEREAS , bids were opened on November 21 on Projects 1, 2 and 3 on utility relocations in connection with the By-Pass con- struction, and WHEREAS , Dewberry , Nealon & Davis is receiving the bids sub- mitted and will make a recommendation as to the successful bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Manager be au- thaized to have Dewberry , Nealon & Davis award the bid to the successful bidder for construction after Highway Department ap- proval . There was some discussion concerning the Town 's share of cost and as to how the difference in cost of the 6-inch and 12-inch pipe was de- termined. Also, concerning the pump, which has not yet been received from Sydnor . Mayor Hill suggested that Mr. Ritter inform Sydnor that there is a time schedule on this project . On motion of Councilman Ridder, seconded by Councilman Pumphrey, the following resolution was offered : BE IT RESOLVED, that the Town Manager be authorized to pre- pare and submit to the Highway Department an Environmental Impact Statement on the Rt . 15 Urban Project , as required by their letter of October 23 . Mr. Ritter explained that, any time a Federal or State agency does any- thing anywhere, the EPA requires a public hearing - wherever it affects the environment of the people this must be done - therefore , the High- way Department wants to be sure there is no problem . He pointed out that this project will take some private property and the Town is notifying the people involved to come in and look at the plans so they can show them exactly what will be taken and where the new right- of-way line will be . He also said he had prepared this type of state ment in connection with the Rt . 7 Urban Project some months ago, how- ever, no-one was adversely affected. Councilman}� Murray raised the question concerning what this project will doY9ohnson 's House of Beef insofar as their entrance from Route 7 is concerned. There followed a great deal of discussion concerning this , but it was pointed out that Mr. Johnson had seen the plans and was apparently satisfied with them, he did not appear at the Public Hearing . Mayor Hill said that no-one was present for that hearing , with the exception of representa- tives from VEPCO and him. The above resolution was then unanimously adopted. On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was unanimously adopted, after considerable discussion concerning the time being taken to complete this "Master Plan : BE IT RESOLVED, that Rosser Payne 's contract with the Town of Leesburg for "Master Plan" services be extended for a period of six months , from October 19, 1973 to April 19, 1974, at a fee of $500 per month. 189 MINUTES OF NOVEMBER 28 , 1973 MEETING. Councilman Titus said the Planning Commission has not progressed as quickly as they had anticipated and he hopes this time will take us through to the end of it . Mayor Hill commented that it appears to him that the Planning Commission has not had too much to do in the past six to eight months and wondered why the slow-down on this proj - ect . Mr. Titus said he would relay to the Commission that Council wants to get this project completed. Mayor Hill asked that he get some expression from the Commission as to whether or not they feel it can be completed in the next six months . On motion of Councilman Pumphrey , seconded by Councilman Titus, the following resolution was proposed : BE IT RESOLVED, that Johnson and Williams be advised to pro- ceed with the design of a torospherical elevated water tank on the Carr site , and to complete necessary drawings to con- nect the tank to proposed Potomac Plant facility by of the By-Pass . Mr. Ritter exhibited plans on the hydropillar tank first , which would CD cost about $60,000 more than the torospherical. There are differences cn of opinion as to which one would look best, however, the torospheri- cp cal tank would cost about $500,000. Town Attorney Martin asked if -'J the FAA should be contacted about the height of this tank. Mr. Rit- Q ter said he would check into this , although we do not have the exact o height . Councilman Ridder wondered if the FAA would be interested from the point of obstruction. Mr . Martin understood it will have to be built along with Federal requirements - perhaps have lights on it. Mr. Ritter said the County may raise this question when they ap- ply for a commission permit , however, they cannot proceed with this until we have plans and specifications - we have no detailed drawings . We have no plans on the water line that will come firmEdwards Ferry Road up the By-Pass and down Fort Evans Road to the tank - we must have construction drawings when we go to the County for the commission permit. He cited an experience that the Town recently had in getting a building permit for the Butler building at the Sewer Plant, which building is now completed. Councilman Titus called attention to the fact that we are getting pretty close to the April renewal date frau the State of Maryland and wondered if we cannot get the plans and specifications from Johnson and Williams pretty quickly so it can go to bid . He felt it should be under construction by April . There fol- lowed discussion concerning the status of these plans , with the gene- ral consensus being that Mr . Ritter tell Mr. Williams that we must have these plans . so that we can apply for the commission permit. Mr. Martin and Mr. Forbes both said tha Bode states that the character, extent and location is all that is required, however, the County has required detailed plans heretofore . Councilman Murray suggested that we present partial plans to the County to cut down the time lag . Mayor Hill asked that we find out how detailedthese plans have to be. Mr. Ritter said he would take care of this right away. The resolution above was then unanimously adopted. - On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED, that the Town Manager be directed to secure a Loudoun County Commission Permit for the construction of the torospherical water tank. On motion of Councilman Pumphrey , seconded by Councilman Murray, the following resolution was proposed : BE IT RESOLVED, that the Town Manager be authorized to secure the services of a qualified water tank construction firm to inspect and furnish recommendations for the continued use of the 60 ,000 gallon elevated water tank, with particular empha- sis on the safety of said tank. There was considerable discussion concerning this problem, with Coun- cilman Ridder suggesting the abandonment of the old tank since it is felt that it is unsafe, and the fact that, by raising the water level two feet in the big tank by the Hospital, we get the equivalent of the small tank. Councilman Titus said that the Water Study shows that, when the big tank is full, the pressure on the outlets at the hospital becomes so great that it creates a very serious problem. Mr. Ritter said he disagrees with the Report on this problem, due to the fact 190 MINUTES OF NOVEMBER 28 , 1973 MEETING. • that the first thing we are concerned with is that, when that tank be- gins to lose elevation, then the second floor of the Hospital does not have enough pressure . Mayor Hill said he understood that we have caused no problems by raising the level iii the big tank thus far. There was further discussion concerning this matterand on motion of Councilman :-.:Titus,' , seconded by Councilman Pumphrey , the following amendment was unanimously adopted, to be inserted after "mater tank" in the fourth line : "until other sources of water are secured". The resolution, as amended, was then unanimously adopted, reading as fol- lows : BE IT RESOLVED, that the Town Manager be authorized to secure the services of a qualified water tank construction firm to in- spect and furnish recommendations for the continued use of the 60,000 gallon elevated water tank until other sources of water are secured, with particular emphasis on the safety of said tank. On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was proposed : BE IT RESOLVED, that the Agreement between Tuscarora, Inc . , et al, calling for the construction of a 275 ,000 gallon water tank and other considerations , be extended for a period of one year, with the names of the present owners substituted therein. On motion of Councilman Pumphrey, seconded by Councilman Titus, Council voted unanimously to table the above resolution . On motion of Councilman Murray, seconded by Councilman Ridder, the following resolution tabled on October 10, 1973 was taken out of tablement : RESOLVED, that the Town Manager be , and he is hereby author- ized and directed to have published in the Metro-Virginia News on October 21st and 28th, 1973 the following : PUBLIC NOTICE Notice is hereby given that a Public Hearing will be held by the Leesburg Town Council on November 14, 1973 at 7 :30 P.M. , in the Council Chambers , 10 West Loudoun Street, Lees- burg , Virginia , to consider proposed amendments to the Lees- burg Zoning Ordinance . Said proposed amendments are to delete Section 9-2-1 ; to add a new Article entitled "Site Plans" ; and to add, delete and change certain definitions in Article 15 of the Leesburg Zon- ing Ordinance , all of which proposed amendments may be viewed in the Planning and Zoning Office, 15 West Market Street, be- tween the hours of 9 :00 A.M. and 5 :00 P.M. Mondays through Fridays . At this hearing all persons desiring to express their views pertinent to said proposed amendments will be heard. G. DEWEY HILL, MAYOR Town of Leesburg On motion of Councilman Titus , seconded by Councilman Ridder, the above resolution was amended to change the publication dates to December 2, 1973 and December 9, 1973 for Public Hearing on December 26 , 1973 . The resolution, as amended, was then unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Titus, and after explanation by Town Attorney Martin and lengthy discussion as to how this situation might be handled, the following Ordinance was unanimously adopted: WHEREAS, the Council adopted a Code for the Town of Leesburg on October 28, 1963 , wherein speed limits for certain streets were prescribed in Section 13-46 of said Code ; and 1 9 i MINUTES OF NOVEMBER 28 , 1973 MEETING. WHEREAS, on February 28 , 1973 , the Council adopted, by refer- ence, Title 46 . 1 , Chapter 4 , of the 1950 Code of Virginia , as amended, which included the maximum and minimum speed limits set forth in Section 46. 1-193 of the 1950 Code of Virginia , as amended ; and WHEREAS , the adoption of the applicable motor vehicle Code pro- visions on February 28, 1973 , as Section 13-A of the Code for the Town of Leesburg , repealed the said speed limits by impli- cation if the same had not already been rendered inoperative by 111 the Code of Virginia ; and WHEREAS , in order to eliminate any confusion resulting therefrom, the Council has decided to repeal Section 13-46 of the Code of the Town of Leesburg ; BE IT THEREFORE, ORDAINED that Section 13-46 of the Code for the Town of Leesburg be and the same is hereby repealed ; and BE IT FURTHER ORDAINED, that Sec . 13-A of the Code for the Town of Leesburg is hereby amended to include Chapter 1, Title 46 . 1 Qj of the Code of Virginia , as amended, to read as follows : Sec . 13-A . Adoption of State Law by Reference . CI All of the provisions and requirements of the state relative to the operation of motor vehicles contained in Chanter 1 and Chapter 4 of Title 46 . 1 of the 1950 Code of Virginia , as amended, presently in effect, to the extent that such provisions are not included in this Code , or have been modified, or enlarged by the laws of this state , except those which by their very nature can have no application within the Town of Leesburg , or which the violation thereof constitutes a felony , are hereby adopted and made a part of this Chapter as fully as though set out herein, and are hereby made applicable within the town . References therein to "highways of the state" shall be deemed to refer to streets , highways and alleys within the town . It shall be un- lawful for any person, within the town, or its jurisdiction, to violate or fail , neglect or refuse to comply with any sec- tion of the Code of Virginia which is adopted by this section. to Councilman Orr ieturaVthe meeting at 9:40 P.M. apixtitexnatxvistNxgpxtMg ahexexOrthinaacea Mr . Ritter explained that it takes about two months to get signs and we have no 25 mph signs at this time . He said they could possibly use a decal "2" over the 3 's until we can get signs . Chief Kidwell said they would have to give warnings in cases where they are working radar until the proper signs are posted . Councilman Titus asked the news media to give publicity to this item and requested that a copy of the above Ordinance be sent to the Judge and Substitute Judge of the Town Court. On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was proposed : WHEREAS , L. H. Shor, owner of the proposed "Scandia" project on Edwards Ferry Road , has made requests of the Towfr of'.Lees- burg;ramong .w'hich :are .requests regarding footing construction on several buildings and inspection of storm sewer in "Scandia , " and WHEREAS, on February 14 , 1973 , the Town Council of the Town of Leesburg imposed a moratorium on connections to its municipal sanitary sewer and water systems ; and WHEREAS , on March 28, 1973 , the Town Council of the Town of Leesburg adopted a "Statement of Policy Regarding Sanitary Sewer Availability , " which allowed certain connections to the municipal sanitary sewer and water systems , under certain stipulations and criteria ; and 192 MINUTES OF NOVEMBER 28 , 1973 MEETING. WHEREAS, on June 13 , 1973 , the Town Council of the Town of Leesburg adopted a "Statement of Priority for Public Water and Sewer, " which set forth stipulations and criteria for future connection to the municipal sanitary sewer and water systems when both become available ; and WHEREAS L. H. Shor 's "Scandia" was included in the abovemen- tioned 'Statement of Priority" for future connection to the said systems , thereby not allowing connection of " Scandia" to the systems at the present time ; and WHEREAS , L. H. Shor and his corporations , in October 1973 , in the Circuit Court for Loudoun County , initiated legal action against the Town and certain officials of the Town Government ; and WHEREAS, the abovementioned legal action is still pending and unresolved; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the abovementioned requests are hereby denied and that any future requests from L. H. Shor and his corpora- tions be directed to the Town of Leesburg through his attorneys ; and BE IT FURTHER RESOLVED by the Town Council of the Town of Lees- burg , that if L. H. Shor or his corporations continue with con- struction of "Scandia ," he is doing so at his own risk. On motion of Councilman Titus , seconded by Councilman Pumphrey, Coun- cil voted 6 to 1, with Councilman Orr abstaining, to table the above resolution at the present time. On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was unanimously adopted, with Councilman Titus stating that the Committee felt these people had paid for their connections years ago and were omitted from the Policy Statement, and that this has been cleared with our attorneys , as well as the Health Department : WHEREAS , on September 29, 1960, Maurice R. Lowenbach paid the fee for connection of a residence on Prince Street to the mu- nicipal sanitary sewer system ; and WHEREAS , on October 7 , 1960 , Mrs . Troy Fitzgerald paid the fee for connection of a residence on Prince Street to the municipal sanitary sewer system ; and WHEREAS, on April 1 , 1969, John Ours paid the fee for connection of a structure on Fairfax Street to the municipal sanitary sewer system ; and WHEREAS , none of the above connections are in use at the pres- ent time ; and WHEREAS , the Town Council of the Town of Leesburg believes that, by virtue of these people having, in good faith at that time, paid for said connections, they should be allowed to connect to the municipal sanitary sewer system if they so' desire ; • NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town - of Leesburg , that the above three (3) sewer connections be in- cluded in Category 1 of the "Statement of Policy Regarding Sani- tary ani tary Sewer Availability" adopted March 28, 1973 . 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 the law firm of Boothe , Prichard and Dudley is hereby requested, pursuant to the Council resolution of October 24 , 1973 , to ad- vise the Council in matters regarding Leesburg Manor Apartments . 193 MINUTES OF NOVEMBER 28, 1973 MEETING . On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was unanimously adopted: WHEREAS , the, cover of the Manual containing "Suggested Design Criteria Water and Sewer Lines , Streets and Appurtenances" and "Policy Guidelines Off-Site Sanitary Sewers , Storm Drainage and Sewers" shows an approval date of October 13 , 1971 , and WHEREAS, the Council Minutes show that the "Suggested Design Criteria Water and Sewer Lines , Streets and Appurtenances" was adopted on October 13 , 1971, and 111 WHEREAS, the Council Minutes show that the "Policy Guidelines Off-Site Sanitary Sewers , Storm Drainage and Sewers" was adopted • on May 12 , 1971, NOW, THEREFORE, BE IT RESOLVED, that the cover of said Manual be changed to reflect the above dates of adoption. On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was unanimously adopted: WHEREAS , the Town Council , at its meeting on March 8, 1972, adopted a resolution requiring the costs of off-site sanitary 0.1 and storm sewer requirements to be paid by the developer prior to the approval of the site plan or subdivision plan, and cn WHEREAS , said resolution states that "the Town Council, at its meeting on October 13 , 1971, adopted a Policy for charging de- velopers for their share of cost of off-site sanitary and storm sewer requirements , " and WHEREAS , the Council Minutes show that the Policy Guidelines was adopted on May 12 , 1971, NOW, THEREFORE, BE IT RESOLVED, that the resolution of March 8, 1972 be changed to read "the Council at its meeting on May 12 , 1971 Mayor Hill asked that any suggestions as to further amendments to the Charter be given to Mr. Ritter and a committee will be appointed to work with him on this . Town Attorney Martin said any changes should have been in hand tonight , they must be advertised for Public Hearing at least 10 days before the hearing - he said he had nopressing ones or he would have recommended them to Council . Mayor Hill and Council- man Titus felt that the salaries of the Mayor and Council should be con- sidered - the maximum salary increased for future Councils : It takes time to amend a Charter and if anyone has anything pressing, we will attempt to do it. Mayor Hill said that Councilman Wallace had called tonight and said the Airport Committee would like to meet in special session with the Council on December 5th - they have some important matters to be discussed. He set December 5th at 7 :30 P.M. for this special session. Mr. Robin Lind, reporter for the Metro-Virginia News , addressed Council , not only as a reporter, but as a citizen of Leesburg as well, asking that the Press be furnished full copies of the Agenda at the meetings of Council , not only to help them know just what is being discussed, but also to lighten the workload of the Clerk in making up a separate Agenda for the Press and having to furnish the infor- mation the day following the meeting . This matter was discussed by Council and it was the general consensus that this be done, but that nothing would be published concerning the meetings until the day fol- lowing said meetings . • On motion of Councilman Titus , seconded by Councilman Murray, Council voted unanimously to go into executive session for the pur- pose of discussing legal matters and personnel, this at 10 :03 P.M. The meeting reconvened at 10 :55 P.M. and , on motion of Council- man Orr, seconded by Councilman. Ridder, the meeting was Mj rued. bC /1-4-(4-211/ M. . . Clerk of the Council