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:
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