Loading...
HomeMy Public PortalAbout1974_08_14 25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 14, 1974. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia, on August 14 , 1974 at 7 :30 P.M. The meeting was called to order by Mayor Pro-Tem Titus , with Councilman Bange offering the prayer, fol- lowed by the Salute to the Flag . Those present were : Mayor Pro- Tem C. Terry Titus , Councilmen Charles E. Bange , Mary Anne Newman, Robert A. Orr, Herbert L. Ridder and James A. Rock; also Town Mana- ger James W. Ritter, Jr. , Deputy Town Manager E . Wesley Devero and Town Attorney George M. Martin. Absent from the meeting was Mayor G. Dewey Hill. 111 The Minutes of the regular meeting of July 24, 1974 were approved as corrected. Town Manager Ritter reported as follows : (1) In connection with the letter from GAO to HUD concerning an Environmental Impact Statement to be made by HUD in connection with the Town 's Federal Grant, an appointment has been set up with Mr. Homer Krout, Administrative Assistant to Congressman Broyhill , for next Tuesday morning at 10:00 o 'clock. (2) Johnson and Williams started an intense chemical addition at the Sewage Treatment Plant today . They feel that a lot has been accomplished, but the results have not been too satisfactory due to the high oxygen demand and the sewage is also high in nitrates and ammonia . John Groschan and Gordon Weist talked with him this after- noon. They have set up a written program for Ken Bedford to follow. They will be present at the meeting in two weeks to report on the progress they have made . Councilman Rock stated that he had received numerous calls con- cerning the improper use of motorcycles and mini-bikes in residen- tial areas , as well as harrassment in his own neighborhood. He pre- sented, for Council ' s consideration, a proposed resolution and Ordi- nance concerning the use of such vehicles , as well as bicycles , with- in the corporate limits , along with penalties for the misuse of same. After some comments from members of Council, this proposed Ordinance was referred to the Finance and Administration Committee , as well as the Town Attorney, for review and recommendation to Council . The following resolution was proposed by Councilman Newman, moved by Councilman Rock and seconded by Councilman Ridder: BE IT RESOLVED, that the Municipal Code Corporation be au- thorized to proceed with the recodification of the ordinances of the Town of Leesburg , in accordance with their contract dated May 30, 1974, in the total amount of $5 ,250 .00 , said payment to be made in two budget years . Explanation was given by Councilman Newman and Deputy Town Manager Devero. Town Attorney Martin did not believe the Town needed this recodification, however, Town Manager Ritter backed it 100 per cent. The resolution was unanimously adopted, as shown below: Aye: Councilmen Bange , Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None. Councilman Titus explained that the letter received from GAO concerning the fact that no environmental impact study had been done by HUD could very seriously jeopardize the Town ' s $957 ,000 Federal Grant to be used for the Water Plant. This information comes at a time when bids are almost ready to be sent out on the Water Plant and could cause considerable delay in this project. Discussion fol- lowed concerning this matter. Mr. Titus stated that he has asked Town Manager Ritter to compile a list of costs, etc . for this proj - ect in order that they might meet with Mr. Broyhill or his Assistant with full information in hand. Councilman Rock asked if information concerning the agreement with the City of Fairfax has been included. He questioned whether Fairfax would be agreeable to furnishing water to the Town of Leesburg if HUD should say this is the way we have 26 MINUTES OF AUGUST 14, 1974 MEETING. to go . He felt that it would be advantageous to find out whether Fairfax would say yes or no. On motion of Councilman Rock, sec- onded by Councilman Orr, the following motion was proposed : That the Town Manager be authorized and directed to con- tact the City of Fairfax with regard to the 1956 Agreement concerning the Goose Creek Impoundment and the diversion of water to the Town of Leesburg and what the status of that is or if it is still possible ; also that either the Mayor or Mayor Pro-Tem be authorized to write letters to Senators Scott and Byrd, as well as Representatives Parris and Robinson . The above motion was unanimously adopted, as shown below: Aye : Councilmen Bange , Newman , Orr, Ridder, Rock and Mayor Pro-Tern Titus . Nay : None . A request from the Water Control Board for a Certificate of Revo- cation of the Town 's permit to operate the Sewage Treatment Plant was discussed. Town Manager Ritter explained that the Town now has two permits , one from the EPA and one from the State Water Control Board. This revocation would eliminate duplicity and leave only the permit from EPA. There was objection to considering this at this time and the request was referred to the Public Works Committee . Mayor Pro-Tem Titus said he received a very severe complaint yesterday from one of the builders in Town concerning items stolen on the project. He has also received other complaints of this nature . This matter was referred to the Finance and Administration Committee , with the hope that a meeting might be set up between the contractors and the Police to work out title a mutual understanding about the duties of both parties . Titus Mayor Pro-Tem/asked for nominations to the Grievance Committee at this time. Those nominated are as follows : Wayne Reynolds - nominated by Councilman Ridder James Smack - nominated by Councilman Rock Stanley Caulkins - nominated by Councilman Newman Roland Flint - nominated by Councilman Bange Mr. Titus said that Mr. Walter Murray has already been nominated and approved by Council . On motion of Councilman Rock, seconded by Councilman Bange, the nomination of these people was uantmously ap- proved by Council, as shown below : Aye: Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tern Titus . Nay : None . It was pointed out that one more member is yet to be named by the Council to serve on the Grievance Committee . Councilman Newman sug- tested that the members of this Committee be given copies of the Grievance procedures as outlined in the Town ' s Personnel Manual . Mayor Pro-Tem Titus asked Mr. Forbes to submit a list of those committees needed in connection with the Comprehensive Plan for con- sideration. Also , a committee on Tree Ordinances is needed. Mayor Pro-Tem Titus asked Councilman Newman to have the Bicenten- nial Committee include in its activities the beautification of the Town and the cleaning up of weeds , etc. from vacant lots before the time of the Bicentennial . Mrs . Newman had several questions in con- nection with this Committee, one being whether the Committee is to work with the County Committee. Mr. Titus felt that they would work both alone and with the County. Also, whether there would be any funds available for this Committee 's use. It was felt that perhaps a small budget might be prepared. Mrs . Newman also reminded that there is yet another name to be submitted for inclusion on this Committee . On motion of Councilman Bange , seconded by Councilman Rock, the name of Roland Flint was submitted and unanimously adopted. 27 MINUTES OF AUGUST 14, 1974 MEETING. Mayor Pro-Tem Titus appointed Councilman Rock to serve as Councilmanic member of the Leesburg Airport Advisory Committee. On motion of councilman Ridder, seconded by Councilman Bange, the following resolution was proposed : RESOLVED, that 0 . Leland Mahan be and he is hereby granted a �< waiver of the requirements of Section 9A-2-1 .2 of the Lees- burg Zoning Ordinance, in accordance with the provisions of Section 9A-6-12 of the Leesburg Zoning Ordinance, in con- .74 nection with addition to Investors Loan Building on W. Mar - ket Street. After explanation by Councilmen Ridder and Bange, as well as Mr. Mahan, the resolution was unanimously adopted, as shown below: Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus. Nay : None. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed : RESOLVED, that the Town Manager be authorized to appear be- fore the Loudoun County Board of Supervisors , if necessary, to represent the Town in the matter of water and sewer line extension and standpipe construction in Country Club Subdi- vision , Sec . IV , in accordance with Section 15 . 1 -326 of the Virginia State Code . Explanation and discussion followed, with Town Manager Ritter re- porting that he has been in touch with the County and this matter will be handled by letter. The resolution was then unanimously adopted, as shown : Aye : Councilmen Bange, Newman , Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . On motion of Councilman Rock, seconded by Councilman Bange , the following resolution was proposed : WHEREAS, Section V of the Leesburg Subdivision Ordinance pro- vides that a tract of land may be divided without complying with the Subdivision Ordinance upon approval by the Town Coun- cil of Leesburg, provided that : (a) No new street is required. (b) The land so divided conforms with the Master Thorofare Plan for the Town of Leesburg and is not in conflict with the general meaning and purposes of the Ordinance. (c) Such exception shall first be submitted to the Planning Commission for its recommendation to the Council, and WHEREAS , a plat designated "Resubdivision of Lot 12 Block II Sec . I, Lot 11 Block II Sec . 1-A, Add 'n Lot 12 and Add 'n Lot 11 Block II Section 1 -B into Lots 11-A and 12-A Rock Spring" was submitted to the Leesburg Planning Commission 11 on August 1 , 1974 , and WHEREAS, the Leesburg Planning Commission determined that the plat meets the requirements of Section V of the Leesburg Sub- division Ordinance and recommended its approval to the Town Council, 4 , NOW, THEREFORE, BE IT RESOLVED, by the Leesburg Town Council , , r that the plat designated "Resubdivision of Lot 12 Block II Sec . I, Lot 11 Block II Sec . 1-A, Add 'n Lot 12 and Add 'n Lot 11 Block II Section 1-B into Lots 11-A and 12A Rock Spring" be and the same is hereby approved, and 28 MINUTES OF AUGUST 14, 1974 MEETING. BE IT FURTHER RESOLVED, that the Clerk of the Council be and she is hereby authorized and directed to affix her signature to the said plat as evidence of said approval . After explanation by Mr. Forbes , the resolution was unanimously a- dopted, as shown below: Aye : Councilmen Bange , Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . On motion of Councilman Bange, seconded by Councilman Rock, the following resolution was proposed : RESOLVED, that Crestwood Construction Corporation 's request for extension of Performance Bonds on Crestwood Hamlet , Sec- tions 2 and 2-A, be granted for one year until August 24, 1975. Town Manager Ritter quoted from letters received from Broyhill Insur- ance Agency, said letters stating that these bonds will be extended. Mr . Titus said that this is the second time these bonds have been extended and he would not want to see this happen again - it was felt that this work will perhaps be completed in less than a year. The resolution was then unanimously adopted, as shown below: Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None. Councilman Rock presented a Report of the Special Committee ap- pointed on July 1 , 1974 to review the existing Priority Statement and the Policy Statement . The Committee consisted of Councilmen Titus, Ridder and Rock. The Committee found the criteria to be both ade- quate and accurate w` ver, it was found that the units specified in Category 1 of th2TSctatement were in substantial error. Although the Committee was appointed to review only the existing Statements, it is felt that the matters included in the resolutions to be con- sidered hereafter will have to be addressed by Council in resolving any review of the current situation. The resolutions to be con- sidered will formalize the Report for the record and for the public . On motion of Councilman Rock, seconded by Councilman Ridder, the following resolution was proposed : WHEREAS, the Town Council , on March 28, 1973 , adopted a Statement of Policy regarding sanitary sewer availability which included in Category 1 ". . .and all existing residential units inside the Town limits which were not connected to pub- lic sewer prior to February 14, 1973 , and which have sewer main immediately adjacent to the respective units or lots . This will include all units and lots not provided for under No. 4 below (119 units) See Exhibit 1 for existing units . ", and WHEREAS, the Town Council finds Category 1 , on the basis of the report in Special Committee , "Exhibit 1," to be in error with the criteria so stated for it, NOW, THEREFORE, BE IT RESOLVED, that Exhibit. 1 so noted in Category 1 of the Statement of Policy adopted March 28, 1973 is hereby corrected and amended as of August 14, 1974, accord- ing to the attached, entitled "Amended Exhibit 1 , " and that the number of units so noted in that Statement be amended as of August 14, 1974 to read (111 units) . On motion of Councilman Rock, seconded by Councilman Newman, the ` 1. second paragraph was proposed to be amended, as follows : WHEREAS, the Town Council finds Category 1, "Exhibit 1 , " on the basis of the report of the Special Committee , to be in error with the criteria so stated for it, NIltrES OF SEPTEMBER 12 , 1973 MEETING. I't, was pointed out that collateral covering local governmental ac- ccJJnts is require. by the 1973 Acts of the General Assembly . This matter is to be discussed further at a future meeting of the Finance Corirnittee. Councilman Titus asked for a short recess at this time - 8 :45 P.M. Council reconvened at 8 : 55 P.M. and the following proposed reso- lution was read for information: PROPOSED SEWER PRIORITY LIST 1 . WHEREAS, the Town Council of the Town of Leesburg desires to establish a priority system for any proposed development or subdivision within the corporate limits not covered by pre- viously adopted Policy or Priority Statements for future con- nection to the Town ' s water and sewer systems when the ca- pacity becomes available in its Sewage Treatment Plant and collector lines , and when water becomes available in suffi- cient quantity and the water distribution system is adequate, and WHEREAS, the Town Council believes that such system should be established on a "First Come , First Served" basis , with certain stipulations to protect the citizens of Leesburg and all those wishing to develop, and WHEREAS , the Town Council believes that, in the best interest of all parties , the stipulations should be as follows : 1 . The date of submission of a preliminary subdivision plat or site plan will be the criteria for the establishment of priority, with the provision that street and utility plans and any other data pertinent to the development or portions thereof are submitted to the Town for review within four (4) months after the date of notification by the Council that the utilities are available and adequate to serve the de- velopment . 2 . Even when the utilities are adequate, priority will not guarantee that sewer and water will be furnished to all units shown on the individual preliminary subdivision plat or site plan. Before any preliminary subdivision plat or site plan is submitted to the Planning Commission for its review, the developer will submit the said plat or site plan to the Town council for determination of the alloca- tion of water and sewer service to the project. The Town Council ' s determination for such services will be based on, but not limited to : (a) Total utility capacities available ; (b) Type of development ; (c) The total growth pattern of the Town; (d) The desirability of the proposed construction in re- lation to roads and traffic , density of population and other relevant factors ; (e) Total impact on the Town and its environs with re- gard to schools and other public services The Town Council may request information on the above from agencies of the Town, County of Loudoun or Commonwealth of Virginia . With the above factors in mind, the Town Coun- cil s allocation for water and sewer services to the project may be for a lesser number of units or for a modified proj - ect. A copy of the Council Resolution setting forth allocation for the project will accompany a preliminary subdivision 1 plat or site plan presented to the Planning Commission on initial submission. A MINUTES OF SEPTEMBER 12 , 1973 MEETING . 3. Water and sewer will be allocated on the basis of 80 per cent of the total capacities available, as follows : Public Service Uses - 107. Commercial Uses - 20% Industrial Uses - 20% Residential Uses - 50% No capacities will be allocated above the 80% limit . NOW, THEREFORE , BE IT RESOLVED by the Town Council of the Town of Leesburg, that it adopts the above criteria for water and sewer service allocation, and that the Zoning Administrator is hereby directed to establish a list , upon adoption of this resolution, to include the name of development , name of developer, type of development , section number, number of units in each sec- tion, date and time of submission of preliminary plat or plan, date and time of submission of street and utility plans, pro- jected water and sewer needs (as supplied by the developer) and any other information he may deem pertinent to such a list, and BE IT FURTHER RESOLVED, that the Zoning Administrator is fur- ther directed to place any development , or portion thereof, which does not conform to Stipulation No. 1 above at the bot- tom of the current list on the date the four-month time period lapses , and BE IT FURTHER RESOLVED that if, between the time of adoption of this resolution and the availability of utility service, the preliminary subdivision plat and/or site plan becomes invalid, the developer may retain his place on the abovementioned list only by requesting the Town Council that the project be so re- tained one month prior to the expiration of such plat or plan, and BE IT FURTHER RESOLVED, that the mere request and/or subsequent approval of such a request by the Council in no way binds , or is it intended to bind, the Planning Commission to approve any request for extension of any preliminary subdivision plat or site plan, and BE IT FURTHER RESOLVED that , if at any time the preliminary sub- division plat or site plan becomes invalid, the project will be dropped from the list for future water and sewer service, and BE IT FURTHER RESOLVED, that the proposed subdivision or develop- ment shall not be placed on the said list unless and until the owner of the land to be developed has signed the form required by the Council regarding acknowledgment by the owner that the Town is in no way committing or guaranteeing water or sewer ser- vice to the development or subdivision, and • BE IT FURTHER RESOLVED, that Stipulation No. 2 be waived for any proposed development submitted subsequent to the adoption of the Policy Statement, but not covered by the Priority List, and that such development may be immediately placed on the abovementioned list in the chronological order of submission of the preliminary subdivision plat or site plan , and that it will be subject to all other provisions of this resolution. Mayor Hill explained that it is the desire of the Committee that this be advertised for public discussion at a future date . On motion of Councilman Titus, seconded by Councilman Orr, Council voted unani- mously that this proposed resolution be advertised by reference for public discussion at the next session of Council . Mr. Ritter com- mented that it might be well to include the date of the Policy State- ment (March 28, 1973) and the date of the Priority List (June 13 , 1973) . It was the general consensus of Council that these dates be:inc l uded. A 9 MINUTES OF AUGUST 14 , 1974 MEETING. This amendment was unanimously adopted, as shown below: :w Aye : Councilmen Bange , Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None. Councilman Rock explained that the 111 units represent 53 houses and 58 unoccupied lots , all to have sewer Idavall available to them. How- ever, he pointed out that there is no sewer capacity available at this time for anything other than those lots included on this Ex- hibit 1. Councilman Titus further explained that some of these un- occupied lots are lots adjacent to other properties . He then asked that the specified lots in each area be included on Exhibit 1 . This was accepted as a part of the resolution by the makers . The resolu- tion, as amended, was then unanimously adopted, as shown below : Aye : Councilmen Bange , Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . On motion of Councilman Rock, seconded by Councilman Bange , the following resolution was proposed : BE IT RESOLVED, that the Town Manager is hereby authorized and directed to immediately notify, by registered mail re- turn receipt requested , all owners of units in Category 1 of the Statement of Policy dated March 28, 1973 , as amended , that capacity is being reserved for their unit (s) in the Town 's sewage treatment plant for one (1) year from the date of receipt of such notice, provided the owner of such a unit responds, in writing , to the Town Manager within 45 days of the receipt of such a notice, that he will connect the said unit to the Town 's sanitary sewer system within the one (1) year stated above , and BE IT FURTHER RESOLVED that the unit will forfeit its right to connect to the Town {s sanitary sewer system as provided above, if (1) the owner advises that he will not connect to the system within the abovementioned one year, or (2) the Town Manager receives no reply from the owner within the 45 day period, or (3 ) connection has not been made within the one year, and BE IT FURTHER RESOLVED that, for the purpose of this reso- lution , connection shall mean (1) a unit is physically at- tached to the system, or (2) all applicable fees have been paid. This was explained by Councilman Rock . Councilman Orr asked that the letter to be sent to these property owners be clear enough to be understood. The resolution was then unanimously adopted, as shown below: Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . On motion of Councilman Rock, seconded by Councilman Orr, the following resolution was proposed : BE IT RESOLVED, that no exchange of sewer connections will be allowed except within the boundaries of any one lot or parcel and with the stipulation that sewage capacity will be governed by the joint policies of the Town of Leesburg (4-10-74) and the Loudoun County Health Department (4-1-74) , and BE IT FURTHER RESOLVED that, for the purpose of this reso- lution , a lot or parcel is defined as a single tract of land whose boundary has been determined prior to the date of pas- sage of this resolution. i, n 30 • MINUTES OF AUGUST 14, 1974 MEETING. The resolution was unanimously adopted, as shown below : A' , Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . On motion of Councilman Ridder, seconded by Councilman Newman, the following motion was proposed : That the Council remove from tablement and consider the Priority List which the Council considered on September 12 , 1973 and discussed and tabled on September 26 , 1973 , and that that Priority List be placed in the Minutes of this meeting at this point as though it had been read. (Proposed Priority List of September 12, 1973 attached) . After explanation by Councilman Ridder, the above motion was unani- mously adopted, as shown: Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None. On motion of Councilman Rock, seconded by Councilman Newman, the following substitute resolution was proposed : WHEREAS, the Town Council of the Town of Leesburg desires to establish a priority system for any proposed development or subdivision within the corporate limits not covered by pre- viously adopted Policy or Priority Statements for future con- nection to the Town 's water and sewer systems when the ca- pacity becomes available in its sewage treatment plant and collector lines , and when water becomes available in suffi- cient quantity and the water distribution system is adequate , and WHEREAS , the Town Council believes that such a system should be established on a "First Come , First Served" basis with cer- tain stipulations to protect the citizens of Leesburg, NOW, THEREFORE, BE IT RESOLVED, that the following priority statement is hereby adopted : Statement of Priority dated August 28, 1974 for the connection of proposed developments to the Town of Leesburg 's sanitary sewer and water systems The establishment of this priority list is to further clarify to the citizens of Leesburg and prospective developers and subdividers their standing with the Town of Leesburg regard- ing access to public water and sewer service for their proj - ects . This statement , like the Council resolution of Febru- ary 14, 1973 , placing a restriction on connections to the Town 's water and sewer systems , and the Statement of Policy dated March 28, 1973 , as amended, and the Statement of Priori- ty dated June 13 , 1973, as amended, is formulated not only to clarify priority, but to further notify the State Water Control B$ ttagttAtepAparXmp� nif pgalthaPf e tDR ioW&li uy Depar enf ea a e nown protect the ci` izens of Lees- burg and the Washington Metropolitan Area . The Town of Lees- burg again wishes it understood by all interested parties that this statement in no way commits the Town to serve any or all of the projects , or parts thereof, until it can provide ade- quate and proper sewage treatment and water of sufficient quantity and quality to all existing businesses and residences of Leesburg and its environs, and until the Town can obtain additional water and sewage capacity . Such information as may be required for the purposes of this priority statement shall not have, nor is it intended to have, any effect upon any other requirement of the Town of Leesburg except for the provisions of this priority list. AMENDED EXHIBIT 1 DRY MILL AREA SYCOLIN ROAD AREA Gochnauer Davis Allison King Hoopaw Whiting See Sugars Adams Amoco Langley Baker WAVERLY HEIGHTS AREA Schroeder Deppenbrock Spiller Webb Jackson Goding Phillips Loesche (Tincher) Dead En d Bodmer Drum Antiques WAGE FAIRVIEW AREA LEE-DAVIS AREA Lucy diZerega Cunningham Cross Phillips Motel Furr A. B. Titus Peebles Richards Pentecostal Church Riley FORT EVANS ROAD AREA EDWARDS FERRY ROAD AREA Hough Wolverton Phillips Larson Jewell Lowenbach ROUE 7 EAST Briggs Trittipoe Curry Meyer Perkins (Pizza Hut) Ross Gill Seaton Jewell McBride Flint ROUTE 15 NORTH Fitzgerald Geo. Babson SUB-TOTAL - 53 houses 58 unoccupied lots TOTAL 111 units Unoccupied Lots Valley View 5 Ayrlee 4 Fairview 21 Prospect Hills 3 Lowenbach 7 Dry Mill 3 Woodberry 1 Waverly Heights 13 Rock Spring 1 31 MINUTES OF AUGUST 14 , 1974 MEETING. All proposed projects submitted shall be in conformance with the Comprehensive Plan of the Town of Leesburg . All projects including , but not limited to, residential , com- mercial and industrial developments will be included in one listing and in the order as defined below. All plats and plans as required below shall be submitted to the Town Council through the Town Manager. The Town Manager is authorized to accept only the said plats and plans that are accompanied by a statement that the said plat or plan is submitted with the express purpose of obtaining a position on the following priority system and a signed form as required by the Town Council regarding acknowledgment by the owner that the Town is in no way committing or guaranteeing water or sewer service to the project. Upon receipt of a plat or plan with the accompanying state- ments as required in the previous paragraph, the Town Mana- ger will forward it to the Public Works Committee of the Town Council for review and scheduling and recommendations on the Town Council Agenda. PRIORITY SYSTEM 1. The date and time of submission of a pre-preliminary or preliminary plat, whichever is submitted, for a single family residential subdivision or a plot or site plan , whichever is submitted, for an individual single family dwelling, or com- mercial, industrial or multi-family residential development shall be the criteria for the establishment of priority, provided that the plats or plans will be drawn to scale and show the following data and any other pertinent data as may be necessary in the judgment of the Town Council . A. Single Family Residential Subdivisions 1 . Boundaries and limits of the development 2 . Lot layout and number of lots 3. Street and general utility layout (including both existing and proposed) 4. Name of development 5 . Type of development and use desired 6 . Owner 7 . Developer 8 . Scale 9. North point 10 . Vicinity map 11 . Anticipated utility needs for both water and sewer 12 . Program or time frame of development once utility capacities become available B . Commercial , Industrial and Multi-Family Resi- dential Developments 1 . Boundaries and limits of the development 2 . Building and parking layouts 3. Street and general utility layout (including both existing and proposed) 4 . Name of development 5 . Type of development and use desired 6 . Owner 7 . Developer 8 . Scale 9. North point 10 . Vicinity map 11 . Anticipated utility needs for both water and sewer 12 . Program or time frame of development once utility capacities become available 32 MINUTES OF AUGUST 14, 1974 MEETING. C. Individual Single Family Residences 1 . Boundary 2. Abutting Street(s) 3. Address 4. Owner 5 . Scale 6 . North point 7 . Name of subdivision, if applicable 8 . Construction schedule once utility capacities become available 2 . A project will be placed on the priority list herein established only upon review and approval by the Town Coun- cil of the abovementioned plats or plans . Such approval is solely for the purpose of establishing this priority list and shall not be construed to be approval of the plat or plan it- self as a whole , or elements thereof, and shall in no way bind the Planning Commission to approve such plats or site plans. Such plats or plans will be placed on this priority list if the listing is approved by the Town Council and shall be considered by the Town Council in the order of the date and time of submission of the said plat or plan. The Town Council reserves the right to refuse the listing of any such plat or plan not conforming to all the requirements noted above . If, in the opinion of the Town Council, the demand on the water and/or sewer system for the size of the project is excessive, the Town Council reserves the right to require a reduction in the scope of the project . The Town Council also reserves the right to place necessary public developments anywhere on this priority list , provided such developments , in the discretion of the Council, are vi- tal to the public health , safety and/or welfare of the citi- zens of Leesburg . 3. When both water and sewer capacities become available , the Town Council, through the Town Manager, will notify, by registered mail return receipt requested, the developer of the project (s) next on the priority list herein established, and to be served by the utility systems of the Town, of the extent of the requested availability for said project(s) with- in such systems. The allocation of water and sewer to a proj - ect shall not bind or influence, nor is it intended to bind or influence, the Planning Commission 's decision to approve or disapprove such plat or plan . Water and sewer allocations by the Town Council will be based upon the approved (by Plan- ning Commission) final site plan or the approved (by Planning Commission) final subdivision plat, provided they are sub- stantially in conformance with the plats or plans approved by the Town Council as provided herein . 4. If water and sewer becomes available in such capacity that more than one project can be served, the additional ca- pacity not needed by the first project will go to the next lower project on the list . If water and sewer becomes availble in such capacity that less than a total project can be served, such capacity will be granted to that project and, when additional capacity be- comes available , that project will be granted capacity as is available or until its needs are satisfied. 5 . The developer of the project so notified in Section 3 above shall respond in writing to the Town Manager that he will abide by all provisions of this priority statement, will accept the water and sewer allocations, and will be under con- struction on the said development of the site shown on the final site plan or subdivision plat within one year from the date of their approval by the Planning Commission. If ap- proval of both a site plan and subdivision plat are required by the Town , the date of approval of the final subdivision plat will be the beginning of the abovementioned one year time limit. aJ MINUTES OF AUGUST 14 , 1974 MEETING. 6. Upon receipt of the notice required in Section 3 above, the developer must respond within 14 calendar days to the Town Manager that he accepts the provisions of this priority statement . Within 120 days of this acknowledgment, the de- veloper must present the preliminary site plan or subdivision plat to the Planning Commission for review. If the developer fails to comply with all provisions and sections of this state- ment of priority, the project will be dropped from the priority list herein established and may be reinstated at the lowest po- sition of the list only upon resubmission of plats or plans and the following of procedures outlined herein. If the developer fails to get approval of his final site plan or subdivision plat, he will be automatically dropped from the list. 7 . Priority or sewer allocations may not be transferred or exchanged and remain with the project as established above, and n;In URa �4tR �0LYF94 . that plats and plans will be accepted be- Councilman 'Rock explained that the adoption of this Priority System would start everyone equal , its purpose and direction seeking to es- tablish a system which will last and setting forth criteria to be used in the future . The time element is to allow the public to understand this Priority System and to allow applicants time to assemble the information needed in preparation for this list . Coun- cilman Titus further explained the proposed resolution, pointing out that the Committee is attempting to separate the needs of the Planning Commission from the needs of the Council . Mr. William Chamberlin assumed that there was no fee involved in the submission of information. It was made clear that there is no fee involved. Mr. Chamberlin inquired as to how a "parcel" is defined as related to the fact that there will be no exchange of sewer capacities . Councilman Titus called attention to the fact that the sewer connection will remain with that project. Mrs . Helmi Carr asked if this negates all previous priority lists or priorities established by virtue of preliminary or pre-pre- liminary plat approval . Councilman Titus explained that the Policy Statement and Priority Statement previously adopted are obliterated, with the exception of Category 5 of the Priority Statement. This System would establish a new priority list for allocation subsequent to the moratorium. Mrs . Carr stated that they were advised that priority would be on the basis of date of submission of preliminary plats and that they were on top of the forthcoming list for sewer allocation to Carrvale Subdivision. Discussion continued on this matter, with Councilman Orr stating that he had seen a list with names for future priority , with Carrvale Subdivsion being on top. Councilman Newman concurred in this statement . Town Manager Ritter pointed out that such a heading had been made in the Planning Direc- tor 's Office, this list including names and dates of submission of plans. Councilman Rock said there was no criteria set up for allo- cating priorities beyond the June 13, 1973 Priority Statement . Mr. Chamberlin stated that he had a number of clients waiting for this Priority schedule and they have not been able to submit anything for consideration until this Priority System is set up. Councilman Bange asked why the Committee is recommending this . He believed this to be out of the purview of the reasons for setting up this Committee . Councilman Titus explained that (1) the errors in the first category have been corrected ; (2) they have set up a system to get these people to either connect or not connect ; (3) they have eliminated any possible exchange of sewer taps and (4) they have set up a Priority System. He agreed that this is not with the Statement previously recommended, however, the Committee feels that these problems have to be addressed by Council . Councilman Rock concurred and pointed out that , if Council votes this down, they will still have no criteria to follow for future priority . Mrs . Carr asked why these people who have already submitted preliminary plans must be penalized and have to start all over a- gain . Councilman Titus said the recommendation of the resolution at hand is for everyone to start equal and this list would begin on August 28th . This is the recommendation of the Committee . 34 MINUTES OF AUGUST 14, 1974 MEETING. Councilman Orr asked if there is some way this resolution could be amended or restudied in order to incorporate the principles of giving priority to those who have submitted necessary information heretofore. Councilman Rock felt that it was not known how many people did not submit information because there was no way to ac- cept it and that these people would have as much equity as those who held over. Councilmen Bange , Orr, Newman and Ridder felt there should be some amendment stating that those people who have already submitted plats and plans have priority . Councilman Ridder pointed out that being on a priority list does not mean they will be able to take advantage of this because there is not a whole lot of sewer available at this time. On motion of Councilman Rock, seconded by Councilman Bange , the following amendment to the substitute resolution was proposed: 8. All subdivision plats, site plans or individual requests for connections to the water and sewer systems submitted to the Town subsequent to the moratorium on water and sewer con- nections on February 14 , 1973 will be included on the above- noted list in the chronological order of the submission of their plat or preliminary site plan or subdivision plat or request for individual water and sewer connection, provided they comply with all stipulations provided in the priority system, and further provided that they submit to the Town all necessary data within 60 days of the approval of the August 28, 1974 Priority System. If such information is not provided as stipulated, the project will not be put on the priority list until such information is provided and then will be considered as a "new" project. After some discussion, on motion of Councilman Ridder, seconded by Councilman Orr, it was proposed to amend "60 days" to read "14 days. " A roll call vote on this amendment to the amendment to the substi- tute resolution is shown below: Aye : Councilmen Bange , Newman , Orr, Ridder and Rock. Nay : Councilman Titus . Mrs . Carr called to Council 's attention an opinion from the Attorney General to the Town , in which it was stated that the Town could not refuse to accept preliminary applications . Councilman Ridder agreed with this and pointed out that there is a resolution by Council au- thorizing the Planning Commission to accept plats . There followed lengthy discussion concerning the effective date of the Priority System and the number of days following in which ap- plicants might submit all necessary data for inclusion on the Priority List. A recess was called by Mayor Pro-Tem Titus at 9: 50 F.M. , with Council resuming session at 9: 57 P.M. A second amendment to the amendment to the substitute resolution was offered by Councilman Rock and seconded by Councilman Ridder, to read as follows : "14 days after the effective date of this Priority System. " Councilman Rock explained that this would allow 28 days for those people on the "list" to submit necessary information in conformance with this provision and they will then be placed on such a priority list in accordance with the date and time of their original submis- sion of plats or plans . This amendment was adopted, with the roll call vote showing as follows : Aye : Councilmen Bange, Newman, Orr, Ridder and Titus. Nay : Councilman Rock . A roll call vote on the perfected amendment to the substitute resolution showed the following : Aye: Councilmen Bange, Newman, Orr and Ridder. Nay : Councilmen Rock and Titus . 35 MINUTES OF AUGUST 14, 1974 MEETING. A roll call vote on the substitute resolution, as amended, showed the following : Aye: Councilmen Bange , Newman , Orr, Ridder and Rock. Nay : Councilman Titus . Item 8 of the substitute resolution, as amended, reads as follows : 8. All subdivision plats , site plans or individual requests for connections to the water and sewer systems submitted to the Town subsequent to the moratorium on water and sewer con- nections on February 14 , 1973 will be included on the above- noted list in the chronological order of the submission of their plat or preliminary site plan or subdivision plat or request for individual water and sewer connection, provided they comply with all stipulations provided in the priority system, and further provided that they submit to the Town all necessary data within 14 days after the effective date of this priority system. If such information is not provided as stipulated, the project will not be put on the priority list until such information is provided and then will be considered as a "new" project . Mrs . Carr asked if Items 11 and 12 under Paragraph 1 might be submitted and attached to the remainder of the material already submitted. Mayor Pro-Tem Titus felt that this could be done, however, he pointed out that this is not a waiver of any stipulation of the Priority Sys- tem , all stipulations must be met in order to comply or they will not be on the list . On motion of Councilman Bange , seconded by Councilman Ridder, the following resolution was proposed : WHEREAS, on June 12 , 1974, the Town Council directed the Town Manager to notify J. Kennedy Sills , President , Nurs- ing Home Association of America , that the Town Council will consider allowing the connection of the abovemen- tioned 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 Commis- sion for review, or the facility will be dropped from the said Priority List , and WHEREAS , the abovementioned items have not been submitted and stipulations have not been met, NOW, THEREFORE, BE IT RESOLVED, that Category 5 of the Statement of Priority dated June 13 , 1973 , as amended , is hereby dropped from that List, and BE IT FURTHER RESOLVED, that the passing of this resolution in no way implies that the agreement with J . Kennedy Sills dated June 13 , 1973 has been granted, and BE IT FURTHER RESOLVED, that the Town Manager is hereby di- rected to notify J. Kennedy Sills of this action. Town Manager Ritter reported that he had talked with Mr. Ray Perry in Dr. Shanholtz ' office this morning. Mr. Perry advised that the At- torney General ' s Office had just received Mr. Sills ' request for a Certificate of Need for the third time and that request was denied. Dr. Winifred Oyen, Director of the Loudoun County Health Department, explained to Council that the laws of the Commonwealth of Virginia require that any new facility or any addition to an existing health facility over a certain amount of money shall be reviewed by the regional Comprehensive Health Planning Council as to the real need for the facility in order that there might not be duplication of such facilities , which leads to higher medical costs , etc . A year ago, there were two nursing homes applying for Certificates of Need in Loudoun County, one being Manor Care, the other J. Kennedy Sills. 36 MINUTES OF AUGUST 14, 1974 MEETING. CHPC denied Mr. Sills ' request because of the question of quality of service, etc . and approved the request for Manor Care . Mr. Sills ' request has been considered three times and the Attorney General 's Office says he is not eligible for an exemption . Therefore , he can- not legally build a nursing home in Leesburg. She did not feel that the CHPC would grant a Certificate of Need to Mr. Sills. Councilman Titus called attention to a letter received from Mr. Sills ' office concerning the date of consummation of sale for the property in ques- tion and the actual date the sale was consummated. On question by Councilman Orr concerning a request by Mr. Sills for medicare-medi- caid, it was pointed out that if he does not have a Certificate of Need, neither of these methods of payment would be granted, nor would Blue Cross-Blue Shield. This was further explained by Councilman Orr. A roll call vote on the resolution showed the following : Aye: Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None. Councilman Orr left the meeting at 10 : 14 P.M. On motion of Councilman Bange, seconded by Councilman Rock, the following resolution was proposed : BE IT RESOLVED, that George M. Martin be and he is hereby appointed to represent the Town in instituting a suit to sell delinquent lands for 1970 real estate taxes, but, be- fore proceeding under Section 58-1117 . 3 of the 1950 Code of Virginia , as amended, the said George M. Martin shall give bond in an amount equal to the anticipated sum to be collected, with surety by one of the recognized surety companies , conditioned according to Section 58-1117 .2 of said Code and filed pursuant thereto with the Clerk of the Circuit Court, and BE IT FURTHER RESOLVED, that the said George M. Martin shall assist the Treasurer in draf .ng the required notice but, prior thereto, the said George M. Martin is authorized to contact the delinquent taxpayers in his discretion, advis- ing that Chapter 21, Article 8 of the 1950 Code of Virginia , as amended, will be implemented to collact delinquent real estate taxes . After explanation by Town Attorney Martin , the resolution was unani- mously adopted, as shown below: Aye : Councilmen Bange, Newman, Orr4 Ridde c Rock and Mayor Pro-Tem Titus . Nay : None. On motion of Councilman Bange , seconded by Councilman Rock, the following resolution was propo d : RESOLVED, that the Ordinance adopted July 10, 1974 on Sec- tions 25-4 , 25-5 , 25-6 , 25-7 , 25-7 . 1 , 25-7 .2 of the Town Code pertinent to Water, and Sections 19-11, 19-12 , 19-13, 19-14, 19-14 . 1 , 19-14. 2 of the Town Code pertaining to Sewers and Sewage Disposal, be reconsidered and referred to the Public Works Committee for scheduling on the next Council Agenda . After explanation by Councilman Ridder and some little discussion, the following vote was taken: Aye : Councilmen Bange, Newman , Ridder, Rock and Mayor Pro- Tem Titus . Nay: None. Councilman Titus asked that an item on the Agenda concerning the preparation of easement plats on Town Branch be referred to the Public Works Committee for recommendation at the next Council meeting. .37 MINUTES OF AUGUST 14, 1974 MEETING. On motion of Councilman Bange , seconded by Councilman Ridder , the following resolution was proposed: RESOLVED, that the Town Manager is authorized to investigate the feasibility of new wells . After some discussion , the resolution was unanimously adopted, as shown: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus . Nay : None. On motion of Councilman Ridder, seconded by Councilman Bange, the following resolution was proposed : RESOLVED, that Jeffrey Sneider be requested to receive bids on a 16" and 8" water line for construction of 16" water line in Sec . IV, Country Club Subdivision . After discussion, on motion of Councilman Rock, seconded by Councilman Newman , the above was amended to strike the words "construction of 16" water line". The amendment was unanimously adopted, with the proposed resolution reading as follows : RESOLVED, that Jeffrey Sneider be requested to receive bids on a 16" and an 8" water line in Sec . IV, Country Club Sub- division. The resolution, as amended, was unanimously adopted, as shown: Aye : Councilmen Bange , Newman, Kidder, Rock and Mayor Pro- Tem Titus . Nay : None . On motion of Councilman Bange , seconded by Councilman Newman, the following Ordinance was proposed: BE IT ORDAINED, that Section 25-26 of the Town Code be re- pealed and that, in its place, the following be inserted: Sec . 25-26 . Resumption of Service Fee. A fee for the resumption of service in the amount of Five Dollars ($5 . 00) shall be charged. This was explained by Town Treasurer Mervyn TimberlAiispfga, after some little discussion, the Ordinance was unanimousl3i as shown : Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus . Nay: None. On motion of Councilman Bange, seconded by Councilman Rock, the following Ordinance was proposed: BE IT ORDAINED, that the following sections be added to Sec- tion 25-25 of the Town Code : Sec . 25-25 .2 . A service charge of Five Dollars ($5 .00) shall be made for all new water accounts . Sec . 25-25 .3. Thirty (30) day temporary service shall be granted to qualified customers for the purpose of cleaning, repairing, painting , etc . of rental property. The deposit requirement shall be waived for this service. Discussion followed and, on motion of Councilman Rock, seconded by Councilman Ridder, _:ouncil voted unanimously to strike the last sentence of the above Ordinance . The Ordinance , as amended, was unanimously adopted, as shown : 38 MINUTES OF AUGUST 14 , 1974 MEETING. Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus . Nay: None . On motion of Councilman Ridder, seconded by Councilman Bange, the following resolution was proposed: RESOLVED, that Johnson and Williams ' proposal for booster station to serve Normandy Village be authorized, with the location being north of the intersection of Fairview Street and Route 7 , and with the booster station having a 150 gpm primary pump and 500 gpm secondary pump, at an approximate cost of $12 ,000 for construction. After some discussion, on motion of Councilman Ridder, seconded by Councilman Rock Council voted unanimously to add the words "and adjoining areast' following "Normandy Village. " The resolution, as amended, was unanimously adopted, as shown below: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus . Nay : None . On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed : RESOLVED, that authorization is hereby given the Town Mana- ger to purchase additional False Arrest Insurance for the Special Police, at a cost of $350 .00 . The resolution was unanimously adopted, as shown below: Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Pro- Tem Titus . Nay : None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed : RESOLVED, that the Town Council hereby obligates the Town to cover the difference of$2,500.00, if needed, for Town Police on False Arrest Insurance , the difference being between $7, 500 coverage through the American Federation of Police and $10 ,000 deductible with Moore, Clemens & Co. This was discussed, with Councilman Titus stating that Moore , Clemens and Company has asked that a formal request be made concerning the false arrest insurance for special police under the Umbrella Clause of the Town 's policy. The resolution was then unanimously adopted, as shown : Aye : Councilmen Bange, Newman , Ridder, Rock and Mayor Pro- Tem Titus . Nay : None . A short recess was declared at 10 :43 P.M. , with Council resuming session at 10 :47 P.M. On motion of Councilman Rock, seconded by Councilman Ridder, the following resolution was proposed : RESOLVED, that John W. Fiske be appointed Town Fire Marshal, effective August 15 , 1974, at a salary of $1 , 500 per annum. The resolution above was unanimously adopted, as shown: Aye : Councilmen Bange , Newman , Ridder, Rock and Mayor Pro- Tem Titus . Nay : None . On motion of Councilman Rock, seconded by Councilman Newman, the . following resolution was proposed: lyy 0) e! MINUTES OF AUGUST 14 , 1974 MEETING. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed : RESOLVED, that the following appropriation be made : $999.85 - Motorola Radio - Capital Outlay - 500 . 902 . It was pointed out that only $93 .00 of the Town 's money is involved in this appropriation . The resolution was then unanimously adopted, as shown below: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus . Nay: None. Bids were opened on the investment of Town funds , as follows : First and Merchants National Bank - 11. 25 per cent . Peoples National Bank - 11 .26 per cent. On motion of Councilman Rock, seconded by Councilman Newman, the fol- lowing resolution was proposed : RESOLVED, that the investment of Town Funds of $100,000, Water and Sewer Availability , now invested with First Virginia Bank-First National, due August 12 , 1974 , be reinvested with Peoples National Bank for 150 days , at an interest rate of 11 .26 per cent. The resolution was unanimously adopted, as shown below : Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus . Nay : None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed : RESOLVED, that the Town Manager is hereby authorized to pur- chase two (2) Royal electric typewriters, at $541 . 80 each. Town Manager Ritter explained that these two typewriters are needed for two new employees coming to work in the office, one on August 26th, the other on October 1st. Councilman Bange felt that bids should be obtained. On motion of Councilman Bange, seconded by Councilman Ridder, the resolution was amended to read as follows : RESOLVED, that the Town Manager is hereby authorized to ad- vertise for bids for two electric typewriters . The amendment was adopted, as shown below : Aye : Councilmen Bange , Newman, Ridder and Rock. Nay: Mayor Pro-Tem Titus . The resolution, as amended, was then adopted, as shown below: Aye : Councilmen Bange, Newman, Ridder and Rock. Nay: Mayor Pro-Tem Titus . On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: RESOLVED, that the Town Council authorizes a step increase for the Town Billing Clerk to Grade 3 , Step D, retroactive to July 1 , 1974 . The resolution was unanimously adopted, as shown below: Aye: Councilmen Bange, Newman , Ridder, Rock and Mayor Pro- Tem Titus . Nay : None. 40 MINUTES OF AUGUST 14, 1974 MEETING. On motion of Councilman Rock , seconded by Councilman Newman, the following Ordinance was proposed: BE IT ORDAINED, that Sec . 21-2 , Paragraph (5) of the Town Code be amended to read as follows : (5) Any person who shall fail to pay to the municipal treasurer on or before December fifth of each year the personal property and real estate tax then due and payable , shall pay a penalty of ten percent on the amount of the unpaid tax and interest at the rate of eight percent per annum shall be collected upon principal and penalties of all such taxes and levies remaining unpaid from the first day of January of the year next following the assessment year. Town Treasurer Mervyn Timberlake explained that this would comply with the County Ordinance . The Ordinance was then unanimously adopted, as shown below: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus . Nay : None . On motion of Councilman Rock, seconded by Councilman Ridder, the following Ordinance was proposed : BE IT ORDAINED, that the following sections of the Code of the Town of Leesburg be revised as follows : Amend Section 21-5 by deleting the language "Sections 58-1029 through Virginia" and inserting the following language : "Sections 58-1117 . 1 thru 58-1117 . 11 of the 1950 Code of Virginia , as amended. Amend Section 21 -6 by deleting the language "Sections 58-961 to 58-965 , Code of Virginia" and inserting the following language : "Sections 58-847 , 58-961 , 58-962 , 58-963. 1 and 58-965 of the 1950 Code of Virginia , as amended. " and BE IT FURTHER ORDAINED, that a new section be added, to read as follows : Sec . 21-7 . Every person owning any tangible personal property subject to taxation in the Town on January first of any)ear shall file a return thereof with the Commis- sioner of Revenue for the Town on forms prescribed by the Town . The said forms may be a duplicate of those filed with the Commissioner of Revenue for the County of Loud- oun. After considerable discussion and explanation by Treasurer Mervyn Timberlake , the Ordinance above was unanimously adopted, as shown below: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus. Nay : None . On motion of Councilman Bange , seconded by Councilman Rock, the following resolution was proposed : BE IT RESOLVED, that the request from Manor Care, Inc. for rezoning from R-1 to R-2 on Morven Park Road be sent to the Planning Commission for their recommendation . After some discussion, the resolution was unanimously adopted, as shown below: Aye : Councilmen Bange , Newman , Ridder, Rock and Mayor Pro- Tem Titus . Nay : None . 41 MINUTES OF AUGUST 14, 1974 MEETING . On motion of Councilman Rock, seconded by Councilman Bange, the following resolution was proposed: WHEREAS, at its meeting on May 9, 1973 , the Town Council authorized the Town Treasurer to accept payment from RKG Builders , Inc . for two lots in Exeter Square Subdivision , numbered I and 9, at the rate of $300 .00 each for water and sewer, and WHEREAS, RKG is now making request to the Town to accept $300.00 availability charge on the remaining five lots , NOW, THEREFORE, BE IT RESOLVED, that the request of RKG be denied. After considerable discussion, the resolution above was unanimously adopted, as shown: Aye : Councilmen Bange , Newman , Ridder, Rock and Mayor Pro- Tem Titus . Nay : None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed : WHEREAS, the Loyal Order of the Moose asked the permission of the Town Council to set up and operate a bingo game for chari- table purposes in the Town of Leesburg , and WHEREAS , the Town Council wishes to establish reasonable regu- lations for the protection of both the Moose Lodge and the citizens of the Town of Leesburg , and WHEREAS, such regulations are still being prepared, SNOW, THEREFORE, BE IT RESOLVED, that the Town Council does not object to the bingo game proposed by the Loyal Order of the Moose, provided, however, that such sanction of the bingo game is conditioned on the acceptance of the forthcoming regulations, and BE IT FURTHER RESOLVED, that the Town Manager shall inform the Moose Lodge of this resolution by letter. Deputy Town Manager Wesley Dever° reported that sample ordinances from the Virginia Municipal League should be forthcoming either by the end of this week or the first of next. The resolution was then unanimously adopted, as shown below: Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Pro- Tem Titus . Nay : None . Mayor Pro-Tem Titus called to Council ' s attention the fact that a meeting has been tentatively set for Tuesday, August 20th at 7 : 30 P.M. with the Board of Supervisors and the Airport Committee to dis- cuss land acquisition at the Leesburg Airport . There was some dis- cussion as to whether or not this should be an open meeting, with the general consensus being to have an open meeting . On motion of Coun- cilman Rock, seconded by Councilman Bange , the meeting was recessed until August 20, 1974 at 7 :30 P.M. This motion was unanimously adopted and the meeting recessed at 11 :25 P.M. TeX-e--t ) May2J Clerk of th Council