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HomeMy Public PortalAbout1974_06_12 298 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 12 , 1974 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on June 12 , 1974 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman Murray offering the prayer, followed by the Salute to the Flag . Present were Mayor G. Dewey Hill, and all members of the Council , except Councilman Robert A. Orr, these members .being Walter F. Murray , John W. Pumphrey , Herbert L. Ridder, C . Terry Titus and John A. Wallace , Jr. Also present were Town Manager James W. Ritter, Jr. , Deputy Town Manager E. Wesley Devero and Town Attorney George M. Martin. The Minutes of the regular meeting of May 22 , 1974 were approved as amended. Mayor Hill recognized Mrs . Cynthia Shrump, Petitioner for Les- luke Corporation, who presented a letter from said Corporation to be read into the Minutes of this meeting . This letter was read by the Clerk and constituted a request by Lesluke Corporation to be added to the existing Priority List for sewer allocation in the immediate future . Mr. Stanley F . Caulkins addressed Council concerning the follow- ing matters : (1) He requested some means of slowing down traffic on Route 7 at its intersection with Market and Loudoun Streets until such time as the Highway Department project under study is accomplished. (2) He called attention to the general condition of the Air- port , especially the fact that the lease calls for sealing and roll- ing of the runways , which is the responsibility of the Council . In general, he said the physical aspects of the Airport need to be looked after. (3) Through traffic has been interrupted from the Parking Lot behind King Street Properties to the intersection onto Market Street by one of the property owners , and this could cause a real problem should there be a fire in the rear of any of these buildings . He asked the Town to make some effort to have this particular area be- hind the old Leesburg Hardware opened, particularly since the Town now ownstheland behind the Whitmore property. There was some further discussion concerning the intersection at Loudoun and Market Streets and Morven Park Road, with the sugges- tion that the Highway Department make some recommendation for interim safety measures until the project is completed sometime in 1975 . Mayor Hill agreed with Mr. Caulkins ' comments concerning the Air- port and felt there is a;lot of work to be done out there - the runway does need sealing and the whole area needs mowing. Mr. Floyd Gooden, a resident of Madison Court, addressed Council concerning the brush and weeds behind this property . Also present were Mrs . Gooden and Mr. and Mrs . Hardy , who were concerned over this problem. Town Manager Ritter explained that he had written twice to the Trustee of the property and, although contact was made for the owner concerning cleaning it up, nothing has yet been done. It ap- pears that it will take more equipment than the Town has to do the job. However, it was decided that Mr. Chaves would take another look at the property and see what equipment it will take and try to get this property cleaned up. Town Manager Ritter had no report for this meeting , but several matters to be brought up at forthcoming Committee meetings . Councilman Ridder reported that there is a second Public Hearing , on Study Area I in Falls Church tonight and he understands that a let- ', ter from the State Health Department will be read into the minutes , said letter endorsing strongly the one plant concept , as opposed to ' 4 a plant for Leesburg . Also, on June 26th, the State Water Control Board will be holding a hearing on their Report and he felt that some statement should be made from the Town of Leesburg at this meeting. Council felt that the Town should stand behind the Northern Virginia Planning District ' s position on this matter. After some discussion, 299. MINUTES OF JUNE 12 , 1974 MEETING. on motion of Councilman Titus , seconded by Councilman Ridder, the following motion was proposed: The Mayor is authorized to relay to the State Water Control Board, at the Public Hearing on June 26th, the Town 's present position with regard to sewage treatment for the Town of Leesburg . Mayor Hill said this would be handled by letter since the 26th is a ' regular Council meeting night . A roll call vote showed the following : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey and Murray , and Mayor Hill . Nay : None . Councilman Wallace questioned whether there had been any response to a letter written by Mr. Ritter to Blue Ridge Aircraft concerning the removal of unauthorized vehicles from its leased property at the Airport . Mr. Ritter said he had received no response and had followed this up by another letter two weeks ago - still no response . It was CD suggested that Mr. Ritter follow this up again and perhaps talk with Mr. Truxel about removing a trailer and a lean-to over an airplane , both of which were the subject of a resolution passed sometime ago by Council . Mr. Wallace also said the Airport Committee is very much concerned about the whole situation at the Airport and they are at a loss as to the Committee 's authority . Mayor Hill said he hoped that, after the joint meeting with the Airport Committee , Council can meet with all of the operators on the Airport and have a general discus- sion over the complete aspect of the Airport. Councilman Titus asked that the Utility Committee discuss , at its next meeting , a recommendation from the Planning Commission to dele- gate the authority for receipt of site plans to the Director of Com- munity Development. He also called attention to the fact that the Proposed Comprehensive Plan is available to the public at the Town Office for review before the Public Hearing on same on June 25th. Mayor Hill , at this time , declared the meeting open to the public concerning the Proposed Budget and Tax Levy for the coming fiscal year. Mr . Summerfield Tillett asked that the proposed trash collection fee be elaborated on. Mayor Hill asked Mr. Devero, Deputy Town Mana- ger, to give a brief history on this proposed fee . Mr. Devero stated that the present trash contract will expire on July 1 of this year. Therefore , the Council has accepted a bid for a new contract. As other costs rise, the cost of labor and equipment of trash contractors also rises and prices go up to the Town. The present contractor 's bid was approximately $20,000 over the cost to the Town last year. Coun- cil did, however, accept a bid that is $10 ,000 less than that but, over a two-year period, this would still be $20,000 more . A survey of other communities - Fairfax , Falls Church and Vienna - reveals free service, however, it is paid for by the taxpayer. He also checked tax rates and charges in communities of comparable size . This charge was sug- gested to offset "the increase the Town is faced with. It would in no way equal what itis costing the Town. It was estimated that this would bring in $37 ,000, as opposed to the contract bid of $67 ,000. At the last meeting, it was suggested that this not be a charge , but perhaps it should be added into the tax structure. His computations showed that the annual bill to the citizens on a service charge basis would be $24 .00, as opposed to $48 .00 annually if put into the tax structure. Also, they had to look at the fact that the Town is re- ceiving Federal Revenue Sharing Funds . If this charge goes into the tax structure , it would increase our revenue from personal property and real estate , which , in turn, would affect the amount of money re- ceived from Federal Revenue Sharing , so this is one reason it was introduced as a service charge . It is in no way intended to put a burden on the citizens - hopefully , the Town can provide good ser- vice. Trash is one of the closest items to the people and the Town needs to provide excellent service and maintain it . ' *300 MINUTES OF JUNE 12 , 1974 MEETING. Mayor Hill said that, if they attempt to collect this through real estaxes, it does not reach other people such as renters and apartment dwellers - more of the burden is placed on real estate owners and other parties do not pay their share of the load. He did not consider this a tax , but a charge where everyone is paying his fair share. The County has gone beyond this and has a utility tax . The Town ' s tax rate has not increased in three or four years . Mr. Tillett brought out the fact that some of the apartments contract for their own trash removal . Mayor Hill agreed that most of the apartments are handled this way . Mr . Tillett also asked about commercial trash pick-up and Mayor Hill said that some of these handle their own contracts as well. Councilman Murray felt that anyone paying taxes would benefit by this by possibly twice as much as if we raised the tax rate ten per cent. This is merely half of what it is costing to do the job. Perhaps next year this might be absorbed into the tax structure . Mr. Tillett felt that he would rather have this added to his taxes -so that it could be deducted on his income tax return. Mayor Hill did not think that the tax on an average dwelling would go up that much, but the big real estate people would bear the burden . He felt that the $2 .00 charge would make everybody share in this equally - the average person does not realize that getting rid of waste in the Town, including sewage waste, amounts to one-third of the total Budget . Mr. Tillett still favored ab- sorbing this in the tax rate . Councilman Ridder felt that, if this is put into the tax struc- ture, then those who now have private contractors would certainly be encouraged to use the Town 's system, which would most likely cause an increase by the Town 's contractor. He did not feel it fair to charge taxes to those who are not receiving the service . . Councilman Titus would rather not see it as a charge on the utility bill . He felt this was equitable , but he would have no objection to putting it in the real estate structure, even though it would put an unfair burden on the large real estate holders . Mr. James A. Rock , incoming Councilman, said there is also the alternative of raising personal property taxes and he favored put- ting this charge into the tax structure . Mrs . Mary Anne Newman felt that, if this is added into the tax structure, you will run into a problem with the trash contractor. It would not be possible for him to honor this contract. She suggested trying this system for this year and look into the matter further. The contract has been awarded, so the Town is tied, in for this year. Mayor Hill reminded that this contract is for a two-year period. Mr. Bange favored the $2.00 per month charge, pointing out that this is only twenty-five cents per trash pick-up. The real estate tax structure would put taxes up more than that . Councilman Pumphrey said that the tax rate may remain the same , but we are right now in the middle of reassessment, so taxes will go' :. up automatically and he felt that this should continue to be carried in the tax rate. Also, insofar as renters are concerned, when taxes go up to the real estate owners, rents are raised to take care of this , thus they are carrying their share of the load. • There was further discussion among Council members and Mr. Til- lett concerning trash service for the apartments and c anmercial users . Councilman Wallace expressed his views concerning budgeted amounts and proposed revenuesfor trash collection, as well as the contract al- ready awarded. He believed it inequitable to pass the burden on to the larger real estate holders and was in favor of the $2 .00 per month charge at this time - it is a tax by any name . There was also some discussion concerning those people on fixed income, with Councilman Pumphrey feeling that this will have to be taken into consideration on the Budget next year. 30 MINUTES OF JUNE 12 , 1974 MEETING. Mr. W. Lynnhurst Johnson asked for an explanation of the $10,000 deficit referred to in the Budget insofar as trash collection is con- cerned. This was explained by Councilman Wallace. Mr. Johnson won- dered if this could not wait until next year. Mayor Hill explained that it is quite possible that reassessment may not be completed in time for next year 's . iid,dget. Mr . Wallace further explained the surpluses already figured from :this year 's Budget and that we do not have a surplus to carry forward. Mr. Eugene Barber suggested that perhaps there could be trash `11 collection only once a week for six months, or possibly for a year. He felt this charge should be reflected in a tax increase, rather r than the proposed $2 .00 per month charge . , Mayor Hill declared the Public Hearing on the Budget closed at ' 8 :48 P.M. and stated that the Budget will be appropriated at the meet- ing on June 26th. Mayor Hill declared the Public Hearing on Rezoning Application No. ZM-14 by Mr. Basil M. DeLashmutt opened at this time. O Mr. Thomas Nalls , attorney representing Mr. DeLashmutt, passed cG out to Council members plans for the proposed Loudoun Recreation and 1'0 Research Center. He also presented an Affidavit of Compliance, indi- cating that the property has been posted, pursuant to rules of the Leesburg Zoning Ordinance . Mr. Nalls pointed out on a map just where this property is located and the permitted uses under the present R-2 zoning . He also explained that B-2 zoning, which is being re- quested by Mr. DeLashmutt , presently extends from Route 7 at Fort Evans Road all the way up to the property line which is the subject of the request . He outlined the uses to be made of this property, referring to a scale model available for the public 's perusal. He also explained how traffic would be handled for this project, with one road planned to intersect Fort Evans Road across from the- pres- ent Meadows Lane on the opposite side of Fort Evans . It is planned i to build a swimming pool adjacent to the By-Pass . Also, it is pro- posed to move the Campbell house to the lot between Wolverton and Larson , thus leaving the three lots residential. Next to the tennis building , it is proposed to build town house offices , with parking to be in the rear. Screening and landscaping would be a part of the entire project . It is not planned to develop the entire prop- erty at this time - this would be only a stepping stone for permis- sion to proceed further at a later date . He also called attention to the increase in taxes to both the Town and the County if this property is developed. B-2 zoning would definitely be an asset to the Town . The Planning Commission has recommended this rezoning , as proposed, and he asked that Council consider this also. by the Clerk After the reading of the Notice of the Public Hearing', Mrs . Donald Larson spoke against this rezoning since they live on one of the lots in the middle of this property . They would like to see it remain Residential, and feel that business should be built in an area already zoned B-2 (Route 7 being cited as an example) . They were also concerned about future traffic on Fort Evans Road and were not too happy with the present screening of the tennis building . Mrs . Larson also presented to Council a letter from Mrs . Mary Wolverton, who could not be present, and who is also against rezoning this prop- erty , she also being a resident . This letter was read into the rec- ord by the Clerk. IRoger Hough also spoke against this rezoning , he being a resident of the other side of Fort Evans Road for many years . He also spoke of the extra traffic that would be created by such a development and he would prefer that this property remain Residential. Mrs . Cheryl Gwynn , a resident of Loudoun Hills Town Houses, ob- jected, particularly since Meadows Lane would become a "thru" street ' . if Fort Evans Road is closed off and this would become a thoroughfare , • for the people working in this business area . • Mr. Nalls explained that it would be proposed to put a traffic light at the intersection of Meadows Lane eventually, thus improving the traffic situation . 32 MINUTES OF JUNE 12 , 1974 MEETING.. Councilman Titus said that the proposed Comprehensive Plan does not call for Meadows Lane to be extended, thus allaying the fears ex- pressed by Mrs . Gwynn. He talked with Mrs . Wolverton concerning the tax structure and knows that both she and the Larsons feel this will be a detriment to their properties . However, he felt personally that it has some very good merit . He wished to make it clear to Mr. De- Lashmutt and Mr. Na}}4�s that tkP—,T1jwr has no pro'ection for additional sewer capacity at ttttA'stng.'7g4ob skgtjhiPatIcIEsrezoning is granted and if the proposed Comprehensive Plan is adopted, if they would con- sider rezoning that would be compatible with the Comprehensive Plan. ' Generally speaking , under the Comprehensive Plan , the category is in the same vein, but it would be controlled by the Zoning Ordinance . Mr. Nails said they wished to proceed with their present application as it is now. I 1 Mayor Hill asked Mr. Forbes if he had been able to research the tax angle . Mr . Forbes said he had received no definitive answer, but it looked as though the assessment would stay the same as now if not rezoned. Councilman Ridder asked about the possibility of more effective screening around the three residential properties . This was agreed to by Mr. DeLashmutt . Mayor Hill asked if this rezoning is being sought for purposes of selling this property . Both Mr. DeLashmutt and Mr. Malls replied "Absolutely not . ' Councilman Murray felt that this might be spot zoning to leave just the three lots zoned Residential and offered the suggestion that these lots might be more valuable at a later date if they were also zoned Business at this time . There was some further discussion on this, including the effect of taxes if this were rezoned Business at this time . However, Mrs . Larson stated that they definitely would not want their property rezoned at this time. Mayor Hill declared the Public Hearing closed at 9:35 P.M. There being no objection to considering tkaxinianw±ng at this time, the following Ordinance was proposed on motion of Councilman Titus , seconded by Councilman Ridder: BE IT ORDAINED, by the Council for the Town of Leesburg , Virginia , that the Leesburg Zoning Ordinance be amended by changing the Zoning Map as follows : Change from R-2 to B-2 the land of Basil M. DeLashmutt, as requested in Application #ZM-14 and as shown on a plat of the property prepared by DeLashmutt Associates , dated January 1974, containing 7 . 99359 acres , less and except the area shown between the properties of Larson and Wolver- ton , containing 41,678 square feet . After further discussion by Council members , a roll call vote on the above Ordinance showed the following: Aye : Councilmen Ridder, Titis , Pumphrey , Murray and Mayor Hill. Nay : None . Disqualification : Councilman Wallace . On motion of Councilman Pumphrey, seconded by Councilman Wallace, the following resolution was proposed : BE IT RESOLVED, that the Proposed Budget for 1974-1975 be and the same is hereby adopted. Town Manager Ritter explained that an Ordinance to be considered on the garbage and trash collection fee could affect the Budget, there- • fore , the resolution proposed above was withdrawn by the makers at this time . On motion of Councilman Murray , seconded by Councilman Wallace, the following Ordinance was proposed : 30 MINUTES OF JUNE 12 , 1974 MEETING.. BE IT ORDAINED, that Chapter 11 of the Town Code of the Mu- nicipality of Leesburg , Virginia , be amended to add the fol- lowing section : Sec . 11-3. 1 . Fee for Same . There shall be a fee of Two Dollars ($2 .00) per month per living unit , tobe charged' to all garbage and trash cus- tomers within the corporate limits , such charge to be placed on the utility bill . A charge of Five Dollars ($5 .00) per month shall be made to all commercial and industrial custo- mers . ' Devero Deputy Town Manager/suggested tabling this matter until it can be fur- ther discussed by both Committees and some further, research done on the matter. This was discussed by Council members and on on motion of Councilman Titus , seconded by Councilman Pumphrey , it was proposed to table the above Ordinance until December 11 , 1974. There was fur- ther discussion on this, with a roll call vote showing the following concerning tablement of this Ordinance : Aye : Councilmen Titus and Pumphrey . cD Nay : Councilmen Ridder, Wallace , Murray and Mayor Hill . ''J CZ The Ordinance , as proposed above, was then voted on as follows : C Aye : Councilmen Ridder, Wallace, Murray and Mayor Hill . Nay : Councilmen Titus and Pumphrey. On motion of Councilman Pumphrey , seconded by Councilman Wallace, the following resolution was again proposed : BE IT RESOLVED, that the Proposed Budget for 1974-1975 be and the same is hereby adopted . A roll call vote showed unanimous consent, as follows : Aye : Councilmen Ridder, Wallace , Titus , Pumphrey, Murray and Mayor Hill . Nay : None . On motion of Councilman Wallace, seconded by Councilman Pumphrey, the following Ordinance was proposed : BE IT ORDAINED, that the following taxes be and they are here- by levied for the fiscal year beginning July 1 , 1974 and end- ing June 30, 1975 for the support of the municipal government, the payment of interest on municipal debts and other municipal purposes as follows : 1 . The tax on all taxable real estate shall be at the rate of One Dollar ($1 .00) on every One Hundred Dollars ($100 .00) of the assessed value thereof. 2 . All tangible personal property , excepting therefrom the classes of household goods and personal effects classi- fied in Section 58-829. 1 of the 1950 Code of Virginia , as amended, and including the tangible personal property separately classified by Sections 58-829. 2 and 58-829.3 of the Code of Virginia , shall be taxed at the rate of One Dollar ($ 1 .00) on every One Hundred Dollars ($100 .00) of the assessed value thereof. 3. All tangible personal property of all railroad, express , telegraph, telephone , power and other public service cor- porations shall be taxed at the rate of One Dollar ($1 .00) on every One Hundred Dollars ($ 100 .00) of the assessed value thereof , and taxable real estate of said public service corporations shall be taxed at the rate of One �. Dollar ($1 .00) on every One Hundred Dollars ($100.00) of the assessed value thereof. 104 MINUTES OF JUNE 12 , 1974 MEETING. 4. The tax on all bank stock subject to taxation within the Town of Leesburg shall be at the rate of 'Eighty Cents ($ .80) on each One Hundred Dollars ($100.00 of the tax- able value of the share of the stock in any bank located in the Town of Leesburg , subject to the provisions of Sec . - tion 58-476 . 2 of the 1950 Code of Virginia , as amended. Discussion on the above included the possibility of changing the tax rate in the middle of the fiscal year, with Town Attorney Martin ad- vising that it could be changed any time after a Public Hearing . A roll call vote on the above showed the following : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill. Nay : None . At the suggestion of Councilman Titus, Mayor Hill asked that the Fi- nance Committee consider a penalty to be imposed for failure to pay the garbage and trash fee . On motion of Councilman Wallace, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the Airport Committee is hereby author- ized to retain an attorney with expertise in FAA operations and Virginia Law relative to lease standards on local air- ports , at a sum not to exceed $1,000 . After explanation by Councilman Wallace and concurrence in the above by Town Attorney Martin , the above resolution was unanimously adopted, with the record showing as follows : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey, Murray and Mayor Hill . Nay : None. On motion of Councilman Wallace, seconded by Councilman Titus, the following resolution was proposed: BE IT RESOLVED, that an Agreement with First & Merchants National Bank to act as Bond Paying Agent for the munici- pality be adopted. After explanation by Councilman Wallace and Town Treasurer Timberlake , the above was unanimously adopted, with the record showing as follows : Aye : Councilmen Ridder, Wallace , Titus , Pumphrey , Murray and Mayor Hill . Nay : None. Councilman Ridder asked to be excused at this time (10 :11 P.M. ) for a period of approximately fifteen minutes . On motion of Councilman Wallace, seconded by Councilman Murray, the following Ordinance was proposed, which includes a change in the rate suggested by Councilman Titus and concurrence by other members : BE IT ORDAINED, that Sec . 21-54 - Telephone Companies of the Town Code •be amended on Line/to change the words "two (2) per cent" ro "0.5 per cent", and to eliminate the words and intrastate long distance calls from within the Town, including business done between the Town and points outside the State . ", this section then reading as follows : Sec . 21-54 . Telephone Companies . All persons engaged in the business of providing tele- phonic couuuunications in the Town shall pay for the privilege an annual license tax equal to 0. 5 per cent of the gross re- ceipts during the preceding year, as hereinbefore defined, from local telephone exchange service, including flat rate service and message rate service . C MINUTES OF JUNE 12, 1974 MEETING.- After explanation by Councilman Wallace, the above Ordinance was adopted by a roll call vote , as follows : Aye : Councilmen Wallace , Titus , Pumphrey , Murray and Mayor Hill . Nay : None. • On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was proposed: • BE IT RESOLVED, that an amendment be made to the Town of Leesburg Personnel Manual , Page 58, Vacation Leave , to read as follows : Vacation Leave • All permanent employees of the municipality shall be en- titled to one day vacation time with pay , for each calendar month of employment , except, those employees with five (5) or more years of seryice with the municipality shall be entitled to one and one=half (11/2) days of vacation time for each cal- O endar month of employment . The time an employee may take va- Cr) cation leave shall be subject to the approval of the Town Man- CID ager, who shall, in undertaking to comply with the desires of '-� the employee, nevertheless , have due regard to the needs of the Town. , Vacation time accumulated beyond 30 days shall be for- Q feited . This change was explained by Councilman Wallace, and a roll call vote shows unanimous adoption , as follows : Aye : Councilmen Wallace, Titus , Pumphrey, Murray and Mayor Hill . Nay : None. On motion of Councilman Wallace, seconded by Councilman Murray , the following resolution was proposed : - WHEREAS, the business license for the Elms Corporation for July 1, 1973 through June 30 , 1974, based on gross receipts for 1972, was estimated at a gross of $128 , 263 .06 , and said Corporation paid a license fee in the amount of $330 . 65 , and WHEREAS, said Corporation began business on November 1, 1972 and purchased the then existing license from prior owners , and WHEREAS, said Corporation 's actual 1972 gross receipts were $24, 172 .50 , thereby making the license fee $70.43 , NOW, THEREFORE, BE IT RESOLVED, that the difference of $260 . 22 be given as a credit against the Elms Corporation 's 1974 busi- ness license. After lengthy explanation by Councilman Wallace and Deputy Town Manager Devero, the above resolution was adopted by a roll call vote as follows : Aye : Councilmen Wallace , Titus , Pumphrey, Murray and Mayor Hill . Nays ' None . Abstention : Councilman Ridder, who returned to the meeting at 10 :25 P.M. On motion of Councilman Wallace, seconded by Councilman Pumphrey, the following, resolution was proposed : BE IT RESOLVED, that the following appropriations be made: $ 2, 796 . 72 - Richmond Chrysler-Plymouth - 1974 Valiant (Town vehicle) - Revenue Sharing Fund. 1 ,000 .00 - Contribution to Thomas Balch Library - General Fund-Capital Outlay . 69.06 - First & Merchants Nat. Bank - General Fund-Capi- - tal Outlay - Bank Service Charge. 43 .86 - First & Merchants Nat. Bank - Utility Fund-Capi- tal Outlay - Bank Service Charge . MINUTES OF JUNE 12 , 1974 MEETING.. $ 467 .02 - Sydnor Hydrodynamics , Inc . - Myers Well Re- habilitation - Utility Fund-Capital Outlay (N-10) . 1, 142.00 - VEPCO - Utility Fund-Capital Outlay (N-14) . 15 .00 - Flood Plain Study - General Fund-Capital Outlay (H-14) . 12 ,414 .80 - Southern Line Cleaning - T.V . Inspection - Utility Fund-Capital Outlay (N-3) . 320.00 - Boothe , Prichard & Dudley - Professional Ser- vices - Utility Fund-Capital Outlay' (N-16) . 1,812 .00 - Boothe , Prichard & Dudley - Professional Ser- vices (Shor suit) - Utility Fund-Capital Outlay (N-19) . A roll call vote showed the following : Aye : Councilmen Ridder, Wallace , Titus , Pumphrey , Murray and Mayor Hill. Nay : None . On motion of Councilman Pumphrey , seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the following supplemental appropriations be made : General Fund $ 729 .07 - Administration - Treasurer. 207 .84 - Administration - Billing Clerk. 4 ,500.00 - O.S.&S. - Insurance . 200 .00 - O. S.&S. - Telephone. 111600.00 - O . S .&S. - Stationary & Office Supplies . 500.00 - O. S.&S. - Repairs and Supplies . 300 .00 - O. S.&S . - Xerox Machine . 1,250 .00 - Administration of Justice . Utility Fund $ 600 .00 - Water & Sewer Dept. -Equipment Repairs . 100.00 - Water & Sewer Dept . -Telephone . 100 .00 - Sewer Plant-Telephone . 100 .00 - Sewer Plant-Vehicles . After some discussion concerning insurance, a roll call vote showed the following : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill. Nay : None . Bids were opened at this time on the investment of Town funds by Town Manager Ritter and were as follows : First Virginia Bank-First National - 11 .32% . Peoples National Bank - 9.56%. First & Merchants National Bank - 10. 75%. On motion of Councilman Wallace, seconded by Councilman Murray , the following resolution was proposed: BE IT RESOLVED, that the following Bank be awarded the in- vestment of Town funds , as shown in. its bid of June 12, 1974: First Virginia Bank - First National r $100,000 .00 (Water & Sewer Availability Fund) , due June 6 , • 1974 , now invested with First Virginia Bank-First National , to be reinvested for 60 days , -at an interest rate of 11.32 per\ cent. 307 MINUTES OF JUNE 12 , 1974 MEETING. A roll call vote showed the following : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill . Nay : None. A five minute recess was declared at 10 :40 P.M. : with Council resuming session at 10 :45 P.M. On motion of Councilman Ridder, seconded by Councilman Murray , the following resolution was proposed : WHEREAS, the Town Council, at its meeting on May 22 , 1974, directed the Town Manager to notify the State Water Control Board, the State Health Department and the local Health De - partment that the Council intends to notify the developers named in Categories 4 and 5 of the Statement of Priority for Public Water and Sewer, adopted June 13 , 1973 , at the Coun- cil meeting to be held on June 12 , 1974 , that they will be allowed to connect the units named therein to the Town water and sewer system, provided that all of the stipulations con- CD tained in the Statement of Priority referred to above and all Q) ordinances and policies of the Town are met by the named de- cIJ velopers, and Q Q WHEREAS-, no opposition has been received from the agencies mentioned above , NOW, THEREFORE, BE IT RESOLVED, that the developers in Categories 4 and 5 of the Statement of Priority be per- mitted to connect their developments to the Town water and sewer system. Councilman Titus moved to amend the above resolution by adding, at the end, the following : provided all stipulations of the Statement of Priority and all ordinances and policies of the Town of Leesburg are met , and BE IT FURTHER RESOLVED, that the Planning Commission be noti- fied of such action and that it is requested to consider only those plats included in the categories named above . This motion was seconded by Councilman Ridder, with the vote on the above amendment showing as follows : Aye : Councilmen Ridder, Wallace, Titus , Murray and Mayor Hill . Nay: Councilman Pumphrey . Town Manager Ritter called attention to a letter received from the Loudoun County Health Department, which called attention to the fact that the Nursing Home Association of America , the subject of Cate- gory 5 , has failed to obtain a certificate of need from the Compre- hensive Health Planning Council of Northern Virginia or the Com- missioner of Health. This letter also recommended that Category 5 be removed from the Priority List . Councilman Titus read from the Minutes of June 13 , 1973 excerpts concerning the inclusion of Cate- gory 5 in the Statement of Priority , which called for any extension of time to be for one year only ; also, certain conditions to be met for the granting of the extension .asxn±sxtamexfrxxaxpexiodxefxon yeaxx He called to Council ' s attention the fact that no site plan has been presented, nor has a certificate of need been presented. He suggested that , if Category; ; gnbedia luded at all, tt a certificate of ned be producedlana TiaY a Lte plan be produced for the Planning Commission's perusal . This was discussed, with Town Manager Ritter stating that no written request for extension has been received, but that' someone called for him yesterday and he (Mr. Ritter) told him it was on the Agenda for approval . He did not ask for an extension and Mr. Ritter believed he was under the impression that Council would approve this tonight. This matter was discussed at length, with it being pointed out that it is pretty ob- vious that the Health Department does not expect to issue a certifi- cate of need to this particular association . On motion of Councilman Ridder, seconded by Councilman Pumphrey, a motion to table this en- tire matter at this time was defeated by a tie vote as follows: 308 MINUTES OF JUNE 12 , 1974 MEETING . Aye : Councilmen Ridder, Pumphrey and Murray . Nay : Councilmen Wallace , Titus and Mayor Hill . On motion of Councilman Titus , seconded by Councilman Wallace, Council voted unanimously, as shown below, to exclude from the resolution the words "and 5 . " Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill . Nay : None . The resolution, as amended twice , was then unanimously adopted, with the vote showing as follows : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill . Nay : None . The resolution, as amended , reads as follows : WHEREAS , the Town Council , at its meeting on May 22 , 1974 , directed the Town Manager to notify the State Water Control Board, the State Health Department and the local Health De- partment that the Council intends to notify the developers named in Category 4 of the Statement of Priority for Public Water and Sewer, adopted June 13 , 1973 , at the Council meet- ing to be held on June 12 , 1974 , that they will be allowed to connect the units named therein to the Town water and sewer system, provided that all of the stipulations contained in the Statement of Priority referred to above and all ordi- nances and policies of the Town are met by the named develop- ers , and WHEREAS , no opposition has been received from the agencies mentioned above , NOW, THEREFORE, BE IT RESOLVED, that the developers in Cate111 - gory 4 of the Statement of Priority be permitted to connect their developments to the Town water and sewer system, pro- vided all stipulations of the Statement of Priority and all ordinances and policies of the Town of Leesburg are met, and BE IT FURTHER RESOLVED, that the Planning Commission be noti- fied of such action and that it is requested to consider only those plats included in the category named above . On motion of Councilman Murray , seconded by Councilman Wallace, the following resolution was proposed : BE IT RESOLVED, that the Town Manager be authorized to sign attached Agreement with Yount , Hyde & Company, Certified Public Accountants , for Audit 1973-1974 . The above resolution was unanimously adopted, with the vote shown as follows : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill . Nay : None . On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was proposed : BE IT RESOLVED, that a request by Crestwood Construction Cor- poration for extension of its Performance Bond Agreement covering physical improvements on Section 1, Crestwood Ham- let, to June 16 , 1975 be granted. The unanimous adoption of the above resolution is shown as follows : Aye : Councilmen Ridder, Wallace , Titus , Pumphrey , Murray and Mayor Hill . Nay : None. MINUTES OF JUNE 12 , 1974 MEETING.. On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was proposed : BE IT RESOLVED, that Form P. C. 2, Item 4 , be amended to read : The developer will pay to the Town all applicable water and sewer charges as due and as are required by ordinance and resolutions of the Town Council existing at the time of this agreement . After explanation by Councilman Titus, the above resolution was unani- mously adopted, as shown below: Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill . Nay : None. On motion of Councilman Pumphrey , seconded by Councilman Titus, the following resolution was proposed : CC BE IT RESOLVED, that authorization be given the Town Manager CP) for execution of Agreement with VEPCO on adjustment of VEPCO 's CC facilities on Route 7 - Urban Project . Town Manager Ritter explained that the Town ' s cost would be $162 .00, this being 15 per cent of the total cost of _$1,080 .00 . The resolu- tion was then unanimously adopted, as shown below : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill . Nay : None . On motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that authorization be given the Town Manager to purchase D. 0 . Probe for testing at Sewer Plant, at a cost of $620 .00 (In 1974-75 Budget) . Town Manager Ritter explained the need for this equipment to test the dissolved oxygen at the Sewer Plant . The resolution was then unani- mously adopted, as shown below : Aye : Councilmen Ridder, Wallace, Titus , Pumphrey, Murray and Mayor Hill . Nay : None . On motion of Councilman Pumphrey, seconded by Councilman Wallace, the following resolution was proposed: BE IT RESOLVED, that the Town Manager be authorized to have a parcel of land between old Leesburg Hardware and Town Office, approximately 36 ' x 75 ' , appraised. After explanation by Councilman Pumphrey and discussion concerning the Town 's need for this piece of property, the above resolution was unani- mously adopted, as shown below: Aye : Councilmen Ridder, Wallace , Titus , Pumphrey, Murray and Mayor Hill . Nay : None. On motion of Councilman Wallace , seconded by Councilman Ridder, the following resolution was proposed : WHEREAS , Glendon P. Weatherholtz is retiring as Superin- tendent of Street Division 'for the Town of Leesburg on July 1, 1974, and WHEREAS , Mr. Weatherholtz is to be recognized for his twenty-three (23) years of continuous service with the Town of Leesburg , and 0 MINUTES OF JUNE 12 , 1974 MEETING . WHEREAS , he has served faithfully in carrying out his duties as Street Superintendent and is to be highly com- mended for his honesty , sincerity and high regard for his sense of obligation toward his duties . NOW, THEREFORE, BE IT RESOLVED, that the Mayor, Members of the Town Council and all of the Administrative Staff for the Town of Leesburg wish to express their sincere thanks to Mr. Weatherholtz for a job well done, and to wish for him a future filled with happiness and success . Mayor Hill added that we are losing a valued and honored servant, and asked that he be present at the next Council meeting in order that a copy of this resolution might be presented to him in person. The resolution was then unanimously adopted, as shown below: Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill. Nay : None . On motion of Councilman Titus , seconded by Councilman Wallace, Council voted unanimously, as shown below, to go into Executive Ses- sion at 11 : 20 P.M. to discuss legal matters . Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill. Nay : None . Council resumed session at 12 :31 A .M. , June 13, 1974 . On motion of Councilman Titus , seconded by Councilman Wallace, the following resolution was proposed : BE IT RESOLVED, by the Town Council of the Town of Lees- burg that the Town Manager is hereby directed to notify J . Kennedy Sills , President, Nursing Home Association of America , that the Town Council will consider allowing the connection of the abovementioned nursing home to the Town 's water and sewer system, provided all stipulations of the Statement of June 13, 1973 , as amended, are met and that, on or before August 14 , 1974, evidence of a "Certificate of Need" has been issued for the facility be submitted to the Town, and that the site plan be submitted to the Town Planning Commission for review, or the facility will be dropped from the said Priority List , and BE IT FURTHER RESOLVED, that the passing of this resolution in no way implies that the application for extension of the agreement with J. Kennedy Sills , dated June 13 , 1973 , has been granted. The resolution was then unanimously adopted, as shown below: Aye : Councilmen Ridder, Wallace, Titus , Pumphrey , Murray and Mayor Hill . Nay : None . On motion of Councilman Wallace , seconded by Councilman Ridder, the following resolution was proposed : WHEREAS, the Town Manager, on June 6 , 1974, received a note dated June 1 , 1974 for $ 158 ,600 from L. H. Shor of Leesburg- Shor Associates , which represents availability fees which were due on that date , NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Leesburg finds this form of payment unacceptable and hereby authorizes and directs': the Town Manager to return the original of said note to L. H. Shor by Certified Mail- Return Receipt Requested, and 111 ' MINUTES OF JUNE 12 , 1974 MEETING. 1 BE IT FURTHER RESOLVED, that a copy of this resolution be sent with said note . After some little discussion and explanation of this matter to the Press by Councilman Murray , the resolution was unanimously adopted as shown below : . Aye : Councilmen Ridder, Wallace , Titus , Pumphrey , Murray and Mayor Hill. Nay : None . • On motion of Councilman Wallace , seconded by Councilman Pumphrey, the following resolution was proposed : WHEREAS, there appears to be a problem with L. H. Shor of Leesburg-Shor Associates on payment of availability fees which were due June 1 , 1974 , pursuant to the Agreement of February 13 , 1974 , NOW, THEREFORE, BE IT RESOLVED, that the Mayor be author- C) ized to appoint a member or members of the Town Council to review the situation with Boothe , Prichard & Dudley. CC Q The resolution was unanimously adopted as shown below: Aye : Councilmen Ridder, Wallace , Titus , Pumphrey , Murray and Mayor Hill . Nay : None . Mayor Hill appointed Councilman Titus to review the abovemen- tioned situation with Boothe , Prichard & Dudley and said he would work with them also . There was discussion concerning a public meeting to be held on water and sewer and availability rates , in compliance with the Agreement with L . H. Shor of Leesburg-Shor Associates , with the de- cision being made that said meeting be held on Monday , June 24, 1974 at 7 :30 P.M. , and that L. H. Shor and the Builders Advisory Committee be advised of this meeting by the Town Manager. On motion of Councilman Murray, seconded by Councilman Wallace , the meeting was unanimously adjourned at 12 :47 A.M. on June 13 , 1974. Mayor / li_t_e—ii /I Clerk of th Council I iris!, I .I • • LESLUKE CORPORATION . FORT EVANS FARM LEESBURG. VIRGINIA E ESIEER M CeRR HELM! E. CARR RICHARD H CARR 0•1',..m...' E- +' SECRETAR,•TMEAOU RER '` V,CE•PRECIDENI W June 12, 1974 • 0 - Town Council Town of Leesburg Leesburg, Virginia 22075 Gentlemen: We request that Lesluke Corporation be added to the existing priority list, which is to be considered by the council shortly, of those recipients who are to be awarded sewer allocations. We have complied with the requirements set forth by the town and we feel we are entitled to be included on such list. May we call to your attention the resolution adopted by the Town Council on August 22, 1973 stating that "Carrvale Subdivision be placed on the forthcoming priority list for water and sewer, for_ which criteria for establishing priority has not yet been adoptee , -by the council" which resolution was amended to state "that Carrvale • will receive itsappropriateplace. " We submit that inclusion of Carrvale on the existing priority list indicating to whom sewer is to be allocated in the immediate future constitutes the "appropriate place." .It is our feeling that the omission of Carrvale from the existing priority list was, in all • probability, a simple oversight. ' We ask that this letter be read into and included as part or the minutes of the meeting of the Town Council of Leesburg to be held on June 12, 1974. . 'fours very ,L�Ily , } ,_ . .,,,, i. . 6 . Lesluke; �brat�o • zio ir .,71 . . . ..thcleu, c_ „...x.,v, . . . • By: Richard H. Carr, President • Helmi E. Carr, Chairman • • II • RE: ZONING MAP AMENDMENT BASIL M. DeLASHMUTT AFFIDAVIT STATE OF VIRGINIA ) To-Wit: COUNTY OF LOUDOUN ) I, BASIL M. DeLASHMUTT, the undersigned, being first duly sworn, do hereby depose and certify as follows: That pursuant to Section 11-8-1 of the current Zoning Ordinance of the Town of Leesburg, Virginia, I placed signs within ten feet of the boundary line of the subject real property abutting each of the public roads along the boundaries of the above identified property; that said signs, when erected, were clearly visible from the roads with the bottom of the signs being not less than two and one-half feet above the ground. WITNESS my signature and seal this �2n 2 day of June 1974. �jL /, //� L (SEAL) Basil M. DeLashmutt ,U/1 SUBSCRIBED AND SWORN TO before me this /a day of June 1974. mss . tary Public My Commission Expires: H ,ems. ' in-e.- _ r, � 7 F61 No o-,-tyh- 4:7,ogazireterc-a,0,enr_ -1_ I _6---) _,___•-ri_ ki-trie.a-te,e2S__-isfr-c __#ceSifeov_ / _c1a,r.o. tc--tau - _ e 4 a e-oi,txtirtt-c-fr. --e-c- , , )07 i / sf