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
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Cler•" of the Council - Pro Tem
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