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HomeMy Public PortalAbout1974_05_08 281 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 8, 1974. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia, on May 8, 1974 at 7 : 30 P.M. The meeting was called to order by the Mayor, with Councilman Orr offering the prayer, followed by the Salute to the Flag . Present were : Mayor G. Dewey Hill, Councilmen Walter F . Murray, Robert A. Orr, John W . Pumphrey, Herbert L. Ridder, C . Terry Titus and John A. Wallace, Jr. ; also Town Manager James W. Ritter, Jr. , Deputy Town Manager E. Wesley Devero and Town Attorney George M. Martin. Roll call : All members present. The minutes of the regular meeting of April 24, 1974 were approved as corrected. Town Manager Ritter reported as follows : (1) With reference to the tree which was authorized to be re- moved in front of the Episcopal Vestry, I have been in touch with VEPCO and they have agreed to remove the top dead part of the tree cD with the lower branches remaining . We find that this area on the lower part of the tree does show some life. However, it is a matter of two or three years and we believe that by that time it will be completely dead. The other tree which was investigated in front of the Robb property on West Cornwall Street seems to be doing pretty well , so it won 't be disturbed at this time. (2) The public hearing is tomorrow night on the Route 15 Urban ! Project at 7 :30 P.M. in this room. Fliers have been delivered to all the property owners along the project notifying them of the public hearing . (3) Bids on refuse collection will be opened next Monday and will be considered by the Street Committee that afternoon. (4) Upon approval of the standards on brick sidewalk, we will ask for bids on West Market Street, in front of the Library and adjacent properties . (5) We opened bids today on center-line markings on the streets . This work will be pe Cformed very shortly . (6) We started up Myers well again last week, it having been out of service since last June 8th. It ran for three days and the pump started vibrating so we had to shut it down. Sydnor will be here tomorrow to make the necessary adjustments to the pump. (7) Property owners have been notified of violations of the weed ordinance . We find that there are several people that are not aware of the fact that we do have a weed ordinance. Notices will go out tomorrow that if they do not conform by a certain date the Town will proceed under Section 12-12 and 12-13 of the Town Code, whereby we will remove the weedsandcharge them for it and if they do not pay it will be a lien against their property . (8) I have been trying to reach Tom Scully , owner of A & P and Drug Fair, quite a number of times today, but the line has always been busy. If he does not take such steps to remove the spring water from the Sanitary within a reasonable length of time we will proceed under Town Code Section 19-23 , which states that "No person shall discharge any storm water, surface water, ground water, etc . into any sanitary sewer" . (9) Herbert Bryant, as you are aware , has still not cleaned up the lot on Harrison Street . I am going to proceed against him immediately under Town Code Section 12-8 . • (10) I talked with Johnson and Williams today with reference to the Potomac River Project . Revisions are being made to the 282 MINUTES OF MAY 8, 1974 MEETING. plans . They have to go to the State Health Department in Richmond. They asked for certain changes and the plans are being revised. Another thing they have found is that bag lime cannot be had anymore and they are having to revise the plans so they can use bulk lime instead. This entire procedure will take about three weeks - the revision of the plans - and they will go back to the Health Depart- ment for review. Councilman Titus had included in the Agenda a copy of the Fairfax County Tree Planting Preservation Ordinance and this was discussed briefly . He asked the Council to review this and give him suggestions , etc . , if this was what they wanted. It was suggested that it might be well to see if the services of the Virginia Division of Forestry could be used and Mayor Hill suggested that Mr. Ritter get in touch with the Arborist from the Division of Forestry and discuss the matter with him and maybe also invite someone from that department to attend a committee meeting . Mayor Hill recognized Mr. W. Lynnhurst Johnson in the audience and talked with him relative to his appointment on the Board of Zoning Appeals , which appointment was still pending . He also recognized newly elected Council members Mrs . Newman and Mr. Bange and congratulated them on their victory . Upon motion of Councilman Wallace, seconded by Councilman Titus, the following resolution was proposed: BE IT RESOLVED, that the proposal and projected cost set forth by Rosser H. Payne, Jr. , and Associates, for printing of Comprehensive Plan for the Town of Leesburg, as stated in their letter of April 29, 1974 be authorized and that Rosser Payne and Associates work with the Director of Plan- ning on this matter. The letter from Mr. Payne , wherein it was stated that the plan document would run about 80 pages of text and maps at a projected cost of $2,000 to $3 ,000 for 100 to 200 copies , was discussed, follow- ing which the motion was put to a vote with the following results : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey, Orr and Murray, and Mayor Hill. Nay : None . Upon motion 2t � i ptWallace, seconded by Councilman 771/onTitus , Resolution 771/on the Agenda ,rconcerning prisoners under Town and State warrants , was withdrawn and referred back to Laws and Administrative Committee . The motion was put to a vote with the following results : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey, Orr and Murray, and Mayor Hill . Nay : None . Upon motion of Councilman Wallace, seconded by Councilman Orr, the following resolution was proposed: BE IT RESOLVED that the following appropriations be made : $1,000.00 - Supplemental - U.F. - Electric . 1,371. 72 - U.F. - Capital Outlay - Infiltration abatement, Lon E . Havener. 3,660 .75 - U .F . - Capital Outlay - 3 Utility Projects , Lon E . Havener. 225 .00 - Emblems for police vehicles . After discussion, the Mayor put the motion to a vote with the ' . following results : i . 2. BE IT RESOLVED, that the following resolution be adopted by the Town of Leesburg concerning prisoners under Town and State warrants : WHEREAS, prisoners under arrest_on felony charges made by the Town Policemen are not the Town ' s respons- ibility, and WHEREAS, prisoners under arrest on misdemeanor charges based on violation of State misdemeanor statutes for which there are no parallel Town ordinances are not the Town' s responsibility, and WHEREAS, prisoners under arrest on misdemeanor charges based on State statutes, but who could have been charged under Town ordinances, are the Town ' s respons- ibility, and WHEREAS, prisoners under arrest on misdemeanor charges based on violation of Town ordinances are the Town's responsibility. BE IT FURTHER RESOLVED, that if a bill has been sub- mitted to the Town under (1) or (2) above, the bill should be denied. 28 MINUTES OF MAY 8, 1974 MEETING. Aye : Councilmen Ridder, Wallace, Titus , Pumphrey, Orr and Murray, and Mayor Hill . Nay : None . Upon motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that VEPCO be authorized to upgrade street lighting on South King Street, between Loudoun Street and Urban Project, and to install lighting as-recommended to Town and shown on their drawing #2229. After discussion, the Mayor put the motion to a vote with the following results : Aye : Councilmen Ridder, Wallace , Titus, Pumphrey, Orr and Murray , and Mayor Hill . Nay: None . Upon motion of Councilman Pumphrey , seconded by Councilman Titus , the following resolution was proposed: BE IT RESOLVED, that authorization be given to release Q performance bond on Sattley Subdivision, upon receipt of maintenance bond. After discussion, the Mayor put the motion to a vote with the following results : Aye : Councilmen Ridder, Wallace, Titus, Pumphrey , Orr and Murray , and Mayor Hill . Nay : None. Upon motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that Perry Engineering Co. be authorized to replace broken sewer line on Childrens ' Center sewer at the estimated cost of $1 ,738 .00. After discussion, the Mayor put the motion to a vote with the following results : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey, Orr and Murray , and Mayor Hill . Nay : None . Upon motion of Councilman Ridder, seconded by Councilman Murray, the following resolution was proposed: BE IT RESOLVED, that authorization be given to Southern Line Cleaning to proceed with T . V . inspection and seal- ing of sanitary sewer lines in accordance with their letter of April 18 , 1974 and list of proposed lines and costs . After discussion, the Mayor put the motion to a vote with the following results : Aye : Councilmen Ridder, Wallace , Titus, Pumphrey , orr and Murray , and Mayor Hill. Nay : None . Upon motion of Councilman Titus , seconded by Councilman Murray , the following resolution was proposed: BE IT RESOLVED, that the street resurfacing program be approved and authorization be given to the Town Manager to advertise for bids to go out after May 8th. and to be received May 22nd. , 1974 , at a total project cost of $67 ,312 .00 for work listed as shown on attachment #4. 284, MINUTES OF MAY 8, 1974 MEETING. Discussion followed in which it, was suggested that the word "estimated" be added following the word "total", making the resolut- ion read: "at a total estimated project cost of $67 ,312 .00". It was also brought out that since the bids were to be received on May 22nd. , a regular Council meeting night, and would, therefore, not have time to go before the Street Committee in advance of their meeting, that the bids should be opened by the Town Manager on the afternoon of the 22nd. , checked by him for accuracy, and sent by messenger to the members of the Street Committee so they could go over them before the Council meeting . The motion was then put to a vote by the Mayor with the following results : 11 Aye : Councilmen Ridder, Wallace, Titus , Pumphrey, Orr and Murray , and Mayor Hill . Nay : None . Upon motion of Councilman Titus , seconded by Councilman Pumphrey , Resolution #9 on the Agenda, concerning difference in cost of pipe between proposed 8" line and proposed 16" line for Country Club, Section 4, was referred back to the Utility Committee for further discussion. The motion to refer said resolution back to committee was put to a vote with the following results : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Orr and Murray , and Mayor Hill . Nay : None . Upon motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that standards prepared by DND for the construction of brick sidewalks in Town of Leesburg be approved. After discussion of the standards which were attached to the Agenda, the Mayor put the motion to a vote with the following results : Aye : Councilmen Ridder, Wallace , Titus , Pumphrey , Orr and Murray, and Mayor Hill . Nay : None . Upon motion of Councilman Orr, seconded by Councilman Titus , the following ordinance., was proposed: BE IT ORDAINED, that the following revisions be made to the Town Code, Sec . 20-22 , and the adoption of definition for the word ENTRANCE, submitted by the Town Attorney: Sec . 20-22 - 4th line omit "and" and in its place insert "or"; 6th line omit "the width of"; and define ENTRANCE as "any vehicular access from private property to public property" . After discussion, the Mayor put the motion to a vote with the following results : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey, 'Orr and Murray, and Mayor Hill . Nay : None . ' Upon motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was proposed: RESOLVED that the Town Manager be , and he is hereby auth- orized and directed to have published in the Loudoun Times-Mirror on May 16 and 23 , 1974 the following : PUBLIC NOTICE Notice is hereby given that a public hearing will be held by the Leesburg Town Council on June 12 , 1974, 285: MINUTES OF MAY 8 , 1974 MEETING . at 7 :30 P.M. , in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , to consider application Number ZM-14 by Basil M. DeLashmutt of Leesburg, Virginia, to have rezoned from R-2 to B-2 a parcel of land contain- ing 7 . 993 acres, located on the south side of Fort Evans Road, bounded by Fort Evans Road and the properties of Wolverton and Larson on the north, the properties of Wolverton, Larson and Sills on the east, Route 15 on the south, and the property of Brosius and Parramore, Trustees , on the west. At this hearing all persons desiring to express their views pertinent to said application will be heard. By : G . Dewey Hill Mayor Town of Leesburg . After discussion, the Mayor put the motion to a vote with the following results : Aye : Councilmen Ridder, Wallace , Titus , Pumphrey , Orr and Murray , and Mayor Hill . Nay : None . Upon motion of Councilman Orr, seconded by Councilman Murray, the following resolution was proposed to take the place of Resolution #2 on the Addition to the Agenda : BE IT RESOLVED by the Town Council of the Town of Leesburg that the tentative Budget be advertised for Public Hearing , and that the tentative tax rate be advertised at $1 .00 on real estate , $1 .00 on Personal Property , and $0. 80 on Bank Stock, said Public Hearing to be scheduled for June 12 , 1974. After discussion , the Mayor put the motion to a vote with the following results : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Orr and Murray, and Mayor Hill. Nay : None . Upon motion of Councilman Orr, seconded by Councilman Wallace, the following resolution was proposed: BE IT RESOLVED, that the following proclamation by the Mayor of Leesburg be adopted by the Town Council : By His Honor A PROCLAMATION 1974 WHEREAS, May 12-18, 1974, has been designated National Hospital Week, and WHEREAS, the theme for National Hospital Week is "Get To Know Us Before You Need Us", and WHEREAS, the Town of Leesburg joins the nation in encourag- ing our citizens to become better informed about our hospitals ' services and accomplishments , and to lend their support to the achievement of our hospitals ' goals . NOW, THEREFORE, I, G. Dewey Hill, as Mayor of this Town of Leesburg , do hereby proclaim May 12-18 , 1974, as NATIONAL HOSPITAL WEEK and urge the citizens of Leesburg to take cognizance of this event and participate in its observance. 286 MINUTES OF MAY 8 , 1974 MEETING. Given at Town Hall in Leesburg , Virginia , on May 8, 1974. Mayor, Town of Leesburg". After discussion , the Mayor put the motion to a vote with the following results : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey, Orr and Murray , and Mayor Hill . Nay : None . Upon motion of Councilman Wallace, seconded by Councilman Orr, the following resolution was proposed: BE IT RESOLVED, that the following changes in license rates and amendments and changes to Town Code , Chapter 21, Article 3, be considered for adoption in resolution form at Council meeting on May 22 , 1974 : (1) Existing categories and rates as per Attachment #1 . (2) Title of Chapter 21 , Article 3 , "Licenses Generally", be titled "Business , Professional and Occupational Taxes". (3) Section 21-7 , "Definitions", shall include the term "gross expenditures". (4) Section 21-36 - add Sub-Section 21-35 .5 as the category of "Builders and Developers", with a license rate of 50 for each $100.00 of gross expenditures exceeding $5 ,000.00. (5) Section 21-16 - the fifteen (15) day grace period be • omitted. (6) Section 21-37 - add Sub-Section 21-37 . 2 as the category of "Renting by owner of houses, apartments, or commer- cial establishments", with a license rate of $3.00 per _dwelling unit:unless renting is less than four_ (4) dwelling units . (7) Section 21-39 - add Sub-Section 21-39. 3 as the category of "Money Lenders", with a license rate of $25 .00 for first $10,000 .00 of gross receipts and 10c for each additional $100.00 of gross receipts , with a minimum tax of $25 .00 . (8) Incorporate "Taxi Cabs" into Section 21-42 and delete from Section 21-35 . (9) Section 21-42 - Delete "more than five (5) years" license tax figure and "less than five (5) years" license tax figure and incorporate the rates as established on Attachment #1. (10) Article 3 - Rate changes set forth in Attachment #1 be amended to reflect rate changes . (11) Section 21-49 - Incorporate "Any Business , Profession or Occupation within the Town of Leesburg shall require a license to operate if they fall within the category of this chapter, eventhough they may not be included in the groupings of a category". After lengthy discussion , the motion to bring the matter up in resolution form at the May 22nd. meeting was put to a vote with the following results : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey, Orr and 'Murrayy and Mayor Hill . Nay : None . Mayor Hill recognized Mr. Mervyn C . Timberlake, Jr. , the new Town Treasurer, and welcomed him to the comminity. Councilman Titus moved that the Mayor be authorized to speak in behalf of the Town on the Route 15 Urban Project public hearing on W ! MINUTES OF MAY 8, 1974 MEETING. Thursday evening, May 9th. The motion was seconded by Councilman Orr and put to a vote with the following results : Aye : Councilmen Ridder, Wallace , Titus , Pumphrey, Orr and Murray , and Mayor Hill . Nay : None . Mayor Hill informed the Council of Mrs . Ritter 's illness and hospitalization and asked Mr. Ritter to extend to her the Council 's regards and their wish for a speedy recovery . There being no further business , upon motion of Councilman Orr, seconded by Councilman Murray , the meeting was adjourned by unanimous vote at 8 :53 P.M. 1M� � /VI -' or " Cler•" of the Council - Pro Tem CZ