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HomeMy Public PortalAbout1974_08_28 44 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 28, 1974 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on August 28, 1974 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman. Ridder offering the prayer, followed by the Salute to the Flag . Those present were : Mayor G. Dewey Hill , Coun- cilmen Charles E . Range, Mary Anne Newman, Herbert L. Ridder and James A. Rock ; also Town Manager James W. Ritter, Jr. , Deputy Town Manager E. Wesley Devero and Town Attorney George M. Martin. Absent from the meeting were Councilmen Robert A. Orr and C. Terry Titus . On motion of Councilman Ridder, seconded by Councilman Rock, Council voted unanimously that the approval of the minutes of the last meeting be deferred until the next meeting . Mr. John Groschan of Johnson and Williams reported on the test- ing program established at the Sewage Treatment Plant several weeks ago. They had suspected that there was nitrogenous interference in some of the tests and that this was the reason the records were show- ing that the Plant was not performing up to the proposed NPDES re- quirements . Although the program is far from complete , preliminary results show a strong indication that this is true and that, in fact, ' the Plant effluent does meet State and Federal Government permit re- quirements . This is a very gratifying result . They contacted Mr. Gary Moore of the State Water Control Board today and informed him of these preliminary findings . Mr. Moore said that, when enough data has been developed to establish this fact, the State will be satis- fied, however, this was a verbal statement and not in writing at this time . It appears that the Plant, with present operation, will meet the proposed NVPDES requirements . Mr. Groschan stressed the fact that this)'a very preliminary report and that they are very much en- couraged at this time . Questions were asked by the Mayor and members of Council , and Mr. Groschan suggested that the Town continue to fol- low the program set up by Johnson and Williams . Mr. Robert Hafner, representing the Catoctin Civitan Club of Loud- oun County, addressed Council , stating that this Club, in coopera- tion with the Xerox Corporation, is attempting to set up a flag dis- play in the Town on every legal holiday . It is proposed to have a parking meter type of bracket with staff and flag either 2 x 3 or 3 x 5 on the main streets (Loudoun, Market and King Streets) , with a total of about 75 flags . The cost andinstallation of such a dis- play would be borne by the Club and the Xerox Corporation. It is hoped to initiate this program by the Thanksgiving holiday. The question of vandalism was discussed, however, it was felt that this would be minimal in the location proposed at this time . It was also suggested that flags be displayed in other locations (the two shopping centers) , as well as in the old part of Leesburg . Mayor Hill referred this matter to the Public Works Committee and asked that Mr. Hafner meet with this Committee . Councilman Rockhad two comments : (1) Concerning the problem with the Federal Grant for the Potomac water project and the question raised by Councilman Bange pertinent to the $3,000,000 difference between the original estimate and what they are talking about now, he could see some major problems in terms of water availability without the Plant. In terms of' the present sewer allocation and the production of water, the Town could have problems in filling up the existing better than 200 built vacant dwellings . With the present population, normal consumption would be somewhere around 780,000 gpd. With the expected delay if this Grant has to go through a full blown environmental impact statement, (which could mean 8 months to 2 years) , he believed the Town had better seriously consider cutting off any further water taps beyond what is already built until this has been settled. He called at- tention to the Paxton Well , which is pumping 500 gallons per minute , and raised the question as to whether this would be true if this well were pumped around the clock 365 days a year. (2) le read a proposed resolution concerning the use of Plaza•.-_ '. . Drive by the public , pointing out that this street has not been dedit cated to the Town and the Town, therefore, has no jurisdiction over same . Several Council members also felt that the public should be made aware of the existing circumstances on this street. Mayor Hill referred this proposed resolution to the Public Works Committee for recommendation to the Council . 45 MINUTES OF AUGUST 28 , 1974 MEETING. Councilman Bange, in answer to Councilman Rock ' s question con- cerning water, said that thePublicWorks Committee has authorized the Town Manager to investigate the possibilities of more wells . Councilman Rock felt that this was advisable , so long as all are not on the same strata . Also discussed in this light was the underground lake at the Paxton Home . Town Manager Ritter will have this investi- gated, along with other possible sources of water. Mayor Hill reported that he and Mr. Ritter met with the Adminisi- JO trative Assistant in Congressman Broyhill 's office last week concern- , ing the Federal Grant from HUD. They were advised to come back to Mr. Broyhill with firm and solid facts and a very strong case. John- son and Williams have been instructed to build this case for the Town. Mr. Ritter read a draft of a proposed letter sent by Johnson and Williams and just received tonight . A meeting has been tenta- tively set up for next Friday at 11 :00 A .M. , when Mr. Rollins will join them for this meeting . Mayor Hill also said that if Council still feels that letters should be written to Senators Byrd and Scott and Representatives Parris and Robinson , he will see that this is done . It was the feeling of Council that these letters should be written and sent , along with a copy of the letter from Johnson and Williams . On motion of Councilman Newman, seconded by Councilman Bange, Council voted unanimously to authorize the Mayor to sign the attached Proclamation in connection with naming the month of September as "Breath of Life Month . " Mayor Hill read a letter from the Board of Trustees of the Loud- oun Historic and Preservation Society , requesting that two resolutions be adopted. No. 1 is that the Town request the transfer of State funds in the amount of $5 ,000 from the Loudoun County Chamber of Com- merce to the Town of Leesburg . No. 2 is that the Society match the funds of $5 ,000 from the State Contingency Fund upon this transfer. He further explained that the log cabin to be restored belongs to the Town and, in order for someone else to receive a Grant, the Town must either take over the restoration itself or, if some other body does this , the Town will give a lease and that body would be re- sponsible for this project for 20 years , at which time the property would revert back to the Town. The Restoration Society is suggest- ing that the Town take this over. Mayor Hill thenreferred this matter to the Finance and Administration Committee to gather some background information and come back to Council with a recommendation . He reminded that the deadline for this Grant is December 1974. A letter from Lesluke Corporation was read, stating that it is felt that this Corporation has met all of the requirements to he placed at the top of the new Priority List for water and sewer connections . Councilman Rock corrected this letter by stating that this project would not be approved for placing on the priority list until the listing is approved by the Town Council and shall be considered by the Town Counciilin order of date and time of submission of site plan • or subdivision plat . Nobody is on the list until such time as Coun- cil has approved the listing. After some further explanation by Coun- cilman Rock, Mayor Hill referred this letter back to the Public Works Committee . Mr. Ritter advised that Lesluke Corporation has met all of the requirements . On motion of Councilman Ridder, seconded by Councilman Rock, the • following Ordinance was proposed : BE IT ORDAINED, that Chapter 11 , Garbage and Trash, of the Town Code be repealed and that new Chapter 11 , Gar- bage and Trash be and it is hereby adopted. (Ordinance attached hereto) On suggestion of Deputy Town Manager Devero, Section 11-7 (f) was changed to delete the word "Section " at the end of said section. Council agreed to this correction and the Ordinance was unanimously adopted, as shown: Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Hill . Nay : None. 46 MINUTES OF AUGUST 28, 1974 MEETING. On motion of Councilman Ridder, seconded by Councilman Rock, the following resolution was proposed : 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 pertinent to Sew- ers and Sewage Disposal, be reconsidered. Councilman Bange explained that the above has to do with the time for the payment of availability fees . On motion of Councilman Bange, seconded by Councilman Ridder, Council voted unanimously to refer this back to the Public Works Committee for additional consideration, as shown below: Aye : Councilmen Bange , Newman, Ridder , Rock and Mayor Hill . Nay : None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the Town Manager be authorized to have installed on the 1 . 5 m.g . standpipe a gauge and safety de- vice , at a cost of $1 ,867 .00. After explanation by Mr. Ritter that the money is in the Budget for this item, the resolution was unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Hill. Nay : None. On motion of Councilman Rock, seconded by Councilman Newman , the following resolution was proposed : RESOLVED, that DND is hereby authorized to prepare easement plats on the Town Branch , according to their proposal dated August 21, 1974 . It was explained that it is estimated to cost $3,800 for the plats on eight (8) properties , with 30 days being a time for completion of this project. Mr. Ritter pointed out that this proposal does not cover that part on north branch, where DND is having difficulty de- termining property lines . It is recommended by DND that a mutually acceptable boundary agreement be established among the property owners before they attempt to prepare easement plats on that portion. Mr. Ritter suggested that this be discussed at the Public Works Com- mittee meeting . The resolution above was then unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Hill. Nay : None . On motion of Councilman Ridder, seconded by Councilman Newman, a resolution to adopt a standard form for the acceptance of off-site drainage and storm sewer fees and the approval of water and sewer extensions , as well as Performance Bonds, was proposed. However, it was felt that this is an administrative matterand the motion was with- drawn by the makers . Mr. Ritter explained that he felt all three of these matters could be handled at one time by a form such as this . Council felt that this could be handled administratively by Mr. Ritter. On motion of Councilman Bange , seconded by Councilman Rock, a resolution to extend the Performance Bond of Leesburg Joint .Venture was proposed. However, it was felt that information is incomplete and that this matter should go back to the Public Works Committee for further discussion . The motion was withdrawn by the makers and, on motion of Councilman Bange, seconded by Councilman Rock, Council voted unanimously to refer this item back to the Public Works Committee, as shown : • Aye : Councilmen Bange , Newman , Ridder, Rock and Mayor Hill. Nay : None . 47.. MINUTES OF AUGUST 28 , 1974 MEETING. On motion of Councilman Ridder, seconded by Councilman Rock, a resolution establishing an "Acknowledgment" form to be used in con- nection with the Priority System adopted. at the August>,14th"meeting was proposed. However, after comments from Councilman Titus and some discussion, this motion was withdrawn by the makers and, on motion of Councilman Rock, seconded by Councilman Newman, this form was referred back to the Public Works Committee , along with the notes from Councilman Titus , with the vote shown as follows : Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Hill. Nay : None . On motion of Councilman Rock, seconded by Councilman Bange, an Ordinance to regulate the use of bicycles and motorcycles was pro- posed. Speaking for the adoption of such an ordinance and citing specific instances of misuse of these vehicles , etc . were Mrs . James A. Rock, Mr. E . H. Crompton and Mr . Robert J . Hafner, all residents of Prospect Hills . Councilman Bange said this problem also exists in the east end of Town behind Exeter Hills . He also cited an inci- dent at the Harley-Davidson Motorcycle Shop on East Market Street. An amendment to the Ordinance was proposed by Councilman Newman, who also cited the problem in her area on Wage Drive . Mayor Hill has suggested that perhaps parents and children might meet with Police Department officials at the Town Office to discuss the problems in- volved in running these unlicensed and uninsured vehicles . Town Attorney Martin suggested that a trespass ordinance would accomplish this purpose , however, enforcing this against juveniles would be a real problem. Also discussed was whether or not the County has taken any action on this problem. Councilman Rock said they have investigated the Fairfax County Ordinance , which is in effect, just as he has . Mr. Martin also suggested that perhaps the Commonwealth 's Attorney and the Judge of the Juvenile Court might be of help on this . After further discussion , on motion of Councilman Bange, seconded by Councilman Ridder, Council voted unanimously to refer this Ordinance back to the Finance and Administration Committee for further study, as shown below: Aye : Councilmen Bange , Newman , Ridder, Rock and Mayor Hill. Nay : None . On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed : BE IT RESOLVED, that the following appropriations be made : $ 168 .00 - Virginia Municipal League - Electric Rate Study - 1300 .910. 114.29 - Supplemental appropriation - D. 0 . Probe - 1400 . 904. 1 ,571.08 - Mueller Company - 1300 . 901 . Councilman Rock felt that the Virginia Municipal League should be paid for the study , however, it was his feeling that, when the in- creased bills are received from VEPCO, they should be paid under a strong letter of protest, and that the Virginia Municipal League should be so advised. After explanation of the remaining appropria- tions by Town Manager Ritter, the resolution was unanimously adopted, as shown : Aye: Councilmen Bange , Newman , Ridder, Rock and Mayor Hill . Nay : None . On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: WHEREAS , the Town of Leesburg has received a request from Cothran, Gladstone and Wootten for the lease of land from the Town of Leesburg Municipal Airport for the construction of hangars thereon ; and 48 MINUTES OF AUGUST 28 , 1974 MEETING . WHEREAS, in view of the fact that the Town cannot negotiate leases , but must by law offer to lease under terms and con- ditions prescribed by the Town and bids made therefor, and since the Town is in the process of establishing. minimum_ standards for fixed-base operations , and the offering to lease on competitive bidding would be premature , NOW, THEREFORE, BE IT RESOLVED, that C. B . Wootten, of Cothran , Gladstone and Wooten, be advised that the Town cannot negotiate private leases , and that competitive • bidding on leases containing terms and conditions pre- scribed by the Town are not practical at the present time , and that a copy of this resolution be included in the reply. The resolution was unanimously. adopted, . as, shown below: Aye : Councilmen Bange , Newman , Ridder, Rock and Mayor Hill. Nay : None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed : BE IT RESOLVED, that the Town Manager be and he is hereby authorized to purchase one (1) IBM Selectric II typewriter at $576 .00, and one (1) Royal 970 typewriter at $541.80. After explanation by Mr. Ritter concerning price on these typewriters , the resolution was unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Hill. Nay: None. A letter from First and Merchants National Bank was read by Mr. Ritter, said letter being in reply to a request for bids on the in- vestment of Town funds . This letter advised that First and Merchants could not place a bid on funds as far in advance offthe actual in- vestment as requested by the Town. After discussion, the following resolution was proposed: BE IT RESOLVED, that bids be sent to the various Banks for the investment of $225 ,000 for 180 days , said bids to be received by September 6 , 1974 , and the Town Manager is here- by authorized to accept the high bid at his discretion . The above resolution was unanimously adopted, as shown : Aye: Councilmen Bange , Newman , Ridder, Rock and Mayor Hill. Nay: None. On motion of Councilman Rock , seconded by Councilman Newman, the following resolution was proposed and unanimously adopted as shown: WHEREAS, John W. Fiske was appointed Fire Marshal for the Town of Leesburg at the Council meeting of August 14 , 1974, and WHEREAS, John W. Fiske has been sworn in by Clerk of the Council on August 20, 1974 , NOW, THEREFORE, BE IT RESOLVED, that the written sworn statement of John W. Fiske be made a part of the Minutes . , ' Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Hill . Nay: None . A proposed Ordinance for the regulation of bingo games and raffles was discussed; with comments and suggestions by Councilman Rock and Town Attorney Martin being offered. On motion of Councilman Rock, seconded by Councilman Newman , this Ordinance was referred back to the Finance and Administration Committee for study and recommendation, as shown : Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Hill. Nay : None. 43 MINUTES OF AUGUST 28 , 1974 MEETING. A proposed letter to Colonel Willard G . Plentl , Director, Divi- sion of Aeronautics , State Corporation Commission , requesting State aid for the purpose of constructing an apron at the Leesburg Municipal Airport was discussed at length. This letter was proposed by Henning- son, Durham & Richardson, consultants for the Town of Leesburg on the Master Plan for the Airport . Town Manager Ritter advised that the Town should be very careful in committing. itself to an expenditure of approximately $56 ,000 for this apron. Councilman Ridder suggested that a breakdown of the construction costs be obtained from HDR be- fore anything definite is done and that this matter be referred to the Finance and Administration Committee for study after receiving this breakdown of costs . On motion of Councilman Rock, seconded by Councilman Newman , Council voted unanimously to refer this matter to the Finance and Administration Committee , as shown : Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Hill . Nay : None . On motion of Councilman Rock, seconded by Councilman Ridder, the following resolution was proposed : WHEREAS, Gerald R. Ford was sworn in as President of the United States of America on August 9, 1974 at a time when this Nation is experiencing a critical period in its his- tory , and WHEREAS, every citizen is being called upon to fully sup- port President Ford in reuniting this Nation, and WHEREAS, all governing bodies should signify their support by the adoption of proper resolutions requesting its cit- zens to support the President , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that this governing body fully endorses II the efforts being made by the President to unify the Nation, and BE IT FURTHER RESOLVED , that the citizens of Leesburg are being asked to give their support and prayers for President Ford and America . After explanation by Mayor Hill and some discussion , the resolution was, unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Hill . Nay: None. Mayor Hill asked that Council give some thought to the establish- ment of the following committees under the Comprehensive Plan, with Mr. Forbes elaborating on these committees and their functions : (1) Industrial Development Study Commission. (2) Leesburg Parking Commission. (3) Visual Aesthetic Committee . (4) Study Commission to do one-year Study on Open Space and Recreation . Mr. Forbes explained that there are other committees recommended in the Comprehensive Plan, however, these are committees on which mon- , ies will have to be expended . ; The need for an easement across the property of James Hutchison was explained by Town Manager Ritter, who said he hoped to have some further information on this matter for the. Public Works Committee . On motion of Councilman Rock, seconded by Councilman Bange, the meeting was adjourned at 10 :07 P.M. ---",./0-11-' VOc --- ; /./7/./ed,j Ma r /1(1:// Clerk of, f the Council • CHAPTER 11 GARBAGE AND TRASH. Article I. In General Sec. 11-1 Purpose. 11-2 Definitions. 11-3 Authority to Administer. Article II. Standards and Regulations Sec. 11-4 Residential Refuse. Sec. 11-5 Commercial Refuse. Sec. 11-6 Vehicle Requirements. 11-7 Prohibited Activities. • Article III. Town Collections Sec. 11-8 Manager to have charge of collection. 11-9 Places to be served. 11-10 Number of Collections. 11-11 Time and Days of Collection. 11-12 Point of Collection. 11-13 Removal and Storage of Containers. 11-14 Material to be Collected. 11-15 Materials Not Acceptable for Collection. 11-16 Containers. 11-17 - Special Collections. 11-18 Spring and Fall Cleanup. 11-19 Fees for Collection. 11-20 Stop and Start Service. 11-21 Penalty. 11-22 Regulations • Sec. 11-1. Purpose. The purpose of this Chapter is to provide regulations for the effective storage, collection and disposal of garbage and refuse in a sanitary manner in the Town of Leesburg, Virginia. Sec. 11-2. Definitions. For the purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section: (1) Garbage: Wastes resulting from the-handling, - preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce. ' (2) Refuse: Combustible trash, including, but not limited to, paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings; noncombustible trash, including, but not limited to, metals, (tin cans), glass, crockery, other mineral waste; street rubbish, including but not limited to, street sweepings, dirt, leaves, catch-basin dirt, contents of litter receptacles. Refuse shall not include earth and wastes from building operations, nor shall it include solid wastes resulting from industrial processes and manufacturing operations. (3) Persons: Any person, firm, partnership, association, corporation, company or organization of any kind. (4) Private Collectors: Persons engaged in the collection and transportation of refuse and/or garbage from commercial, industrial, institutional or other establishments for compensation, not including the collector contracted by the Town of Leesburg. (5) Storage Area: An enclosed area on private property of commercial, industrial, institutional or other establishment used for the storage of garbage and/or refuse. (6) Town Collectors: Persons employed by the Town or the contracted Agent for the Town engaged in the collection and transporting of refuse and garbage. Sec. 11-3. Authority to Administer. The Town Manager is hereby delegated the authority to administer this chapter and is authorized to establish such reasonable rules and regulations as are needed to administer this chapter. • • 1 • • Article II. Standards and Regulations Sec. 11-4 Residential Refuse • (a) Except as otherwise provided herein, refuse and garbage shall be stored in watertight metal or non- breakable plastic cans, equipped with handles and tight fitting covers. Plastic bags may be substituted for the cans. Said plastic bags must be filled and maintained in such a manner as to prevent ripping or tearing of bags and must be tightly secured at the top. Newspapers shall be securely tied in bundles or placed in paper bags if not disposed of in cans or plastic bags. Sec. 11-5. Commercial Refuse. (a) Each commercial establishment shall be equipped with adequate refuse containers or storage areas. All containers, except those for storage of bulky refuse, shall be vermin and water proof, of non-corrosive material and equipped with tight lids which shall be kept closed at all times except when filling or emptying the container. (b) Containers and storage areas shall be emptied regularly and cleaned sufficiently often to keep them free of obnoxious odors and vermin. (c) All storage areas shall be enclosed by adequate walls or opaque fencing and shall be 'well drained and fully accessible to collection equipment and to public health and fire inspection personnel. Said areas shall protect refuse from dispersal by wind or otherwise, and must be kept free of litter and refuse overflow. Sec. 11-6. Vehicle Requirements. All vehicles to be used in the collection of refuse shall be kept and maintained in a clean and sanitary condition, and shall be so construct- ed, maintained and operated as to prevent spillage of the type of refuse to be collected therein. All vehicles to be used in the collection of garbage or combined refuse shall be constructed and maintained with water-tight bodies and with covers of metallic or other rigid, impervious material, or, in the alternative, the entire bodies thereof shall be enclosed with only loading hoppers exposed;, provided, that special vehicles used in new or experimental methods of refuse collection may be permitted by the Town Manager when such permit is in writing. Sec. 11-7 Prohibited Activities (a) It shall be unlawful for any person to deposit refuse in any street, alley, public or private place except as provided herein. (b) It shall be unlawful for any person to accumulate refuse on either residential or commercial properties, except in approved containers or storage areas. (c) It shall be unlawful for any person to deposit any refuse in a manner where it may be scattered by the elements. Old Code Sec. 11-1 (d) It shall be unlawful for any person to allow garbage, trash, rubbish, or other refuse to accumulate on their premises. Part of Old Code (e) It shall be unlawful for any person to dump, Sec. 11-2 destroy, or otherwise dispose of any refuse anywhere in the Town except as provided by this Chapter. (f) It shall be unlawful for any person to burn refuse except as provided by Va. State Code . ' Old Code (g) No receptacle for garbage or refuse shall be Sec. 11-6 filled more than level full. • Article III. Collection by Town Contractor • Sec. 11-8 Manager to have charge of collection. The Manager (or other designated officer) shall have charge of the collection of garbage and refuse within the Town. Sec. 11-9 Places to Be Served. Collection services will be rendered to single family residences, apartments, multiple use buildings, commercial, industrial, or institutional properties -who do not provide for their own refuse collection and disposal and only as provided and in accordance with this chapter. • Sec. 11-10 Number of Collections Refuse will be collected twice per week from residential . . properties and three times per week from Commercial properties. No collection will be scheduled for Sundays or the following holidays: Days Landfill Closed; Collection will be made on the next day when adverse weather conditions or a holiday falls on a regularly scheduled collection day. • Sec. 11-11 Time and Days of Collection All refuse must be placed at the point of collection by 4:00 A.M. of the day of collection, but not before _4 :00 P.M. of the day prior to collection. Monday and Thursday: All properties fronting-on King Street and all properties to the West of King Street. Tuesday and Friday: All properties to the East of King Street. Tuesday, Thursday and Saturday: All commercial properties. Sec. 11-12 Point of Collection. - All refuse and garbage shall be placed out-of-doors immediately behind the curb line (in case no curbing is present, at least three feet away from the edge of the pavement) at a location easily accessible to the collector. At no time will any refuse or its containers be placed on pavement used for vehicular traffic. Refuse or its containers shall not be placed on the sidewalk or on any other portion of a street where it will impede vehicular or pedestrian traffic. All refuse shall be placed at the same point of collection. Collection may be made from other points in areas where the general health, welfare and safety of the Town is 'best protected but only • upon written authorization and request by the property owner(s) or tenants(s) and upon approval by the Town . Manager. The Tonin retains the right to refuse, revise or alter such requests at any time. No Collectors will • be permitted to enter garages, carports, porches, • basements, or other buildings for the purpose of collecting garbage and trash. The town reserves the right to designate the point of collection at all locations. - • Sec. 11-13 Removal and Storage of Containers - Except as provided in Sec. 11-4 and Sec. 11-5 of this chapter all refuse containers shall not be placed, left, or stored upon any sidewalk, street, alley, or public place except where specifically permitted herein and' shall be removed from the curb line within twelve hours after collection and stored behind the front line of the building. Sec. 11-14 Material::to be Collected All refuse, garbage, and rubbish as defined and not excepted by this chapter will be collected by the Town Collector. Sec. 11-15 Materials Not Acceptable for Collection. - The following materials will not be acceptable for collection: Poisons, acids, caustics;' explosives and other dangerous material; soil, rocks, stumps, and all other material substances that may accumulate ' as the result of construction or repairs. Sec. 11-16 Containers: Containers shall be as provided in Sec. 11-4 and Sec. 11-5 of this chapter except tree trimmings, with a maximum diameter of one and one-half (12) inches, bushes and brush must be tied securely in bundles of not more than four (4) feet in length. ' Cans must be tightly covered and plastic bags must be tied securely. Cans shall have a maximum gross weight of 75 pounds when placed for collection. - Plastic bags, when placed for collection will not be filled to such a weight that they will break or allow spillage during the collection process. • Defective containers will be tagged by Tow Collectors indicating that they are no longer suitable for use. These will be removed if left in an upside down position at the collection point. Sec. 11-17 Special Collections. For an excessive amount of refuse, the Town Office shall be notified no later than 4 :00 P.M. on Thursday of each week so that' a special pickup may be arranged on Friday of the same week. At the discretion of the Town Manager, there will be a seperate charge for each such special collection. • Sec. 11-18 Spring and Fall Clean-Up. - • In the Spring and Fall of each year, the Town will sponsor a clean-up and collection period during which large discarded items; yard litter, etc. , will be picked up by the Town. Specific dates for such periods are to be set by the Town Manager and advertised through the news media. No charge will be rendered- for this service to regular customers of the Ton. Sec.. 11-19 Fees for Collection. 1. For each family residence, apartment, duplex, mobile home or multi-use building, the charge for such service shall be $2.00 per month, per living and other use unit. 2. For light commercial there shall be a charge of $3.00 per month based on the volume of four (4) • cubic yards of garbage or refuse per month. 3. For heavy commercial, the charge will be based on the volume of four (4) cubic yards to six (6) cubic yards of garbage or refuse per month at a fee of $20.00 per month plus an additional charge of $10.00 per cubic yard for refuse in excess of six (6) cubic yards per month. .. 4. The Town Manager will maintain a listing of all properties designated:.apartments, multi-use buildings, light commercial and heavy commercial on which the billing will be based. It shall be the duty of all persons so charged and billed to pay said charges for garbage service within 30 days from the time of billing. If not • so paid, garbage collection service, shall be discontinued. • Sec. 11-20 Stop and Start Service. The Town shall be notified in writing of those persons • who wish to provide for their own removal and disposal of garbage and refuse. Such removal and disposal must be done in a sanitary method and in accordance with this ordinance. If the Town is not notified in writing of a request for stoppage of this service, the person will be billed for the service. At such time as said persons wish to be- placed back on the collection service provided by the Town, it will be necessary that they notify the Town in writing one (1) week prior to the collection date. A fee of $5.00 will be charged to the person requesting re-institution of service. Article IV • Sec. 11-21 Penalty. Any person who violates any provision of this chapter, by doing any act prohibited or declared to be unlawful or who fails to do any act required by any such provision, or who fails to do any act when such provision declares such failure to be unlawful;- upon conviction thereof, shall be fined not less than $10.00 nor more than $35.00 for each offense; and a separate offense shall be deemed committed on each day during on or which a violation occurs or continues. Article V Sec. 11-22 Regulations The Town of Leesburg, Virginia, shall have the authority to make, alter, or amend the regulations as may become necessary for the proper administration of the refuse system. 800 FOLLIN LANE, S. E.- VIENNA,VIRGINIA 22180 ..Ctw'ER.GCO.+O SCv:.1GEETRE T' T w.. xOA'S G x.v5 wI.O OPTI.AOC SURVC+S' vtSTIG.T,ONS AN v n (703) 281-2c00 IN OOSTR AL x.ST G'n.T ER Tc /. v.EN. • ♦IR YOLLL'TION CONTROLT August 28, 1974 Mr. James W. Ritter, Jr. Town Manager Town of Leesburg Leesburg, Virginia 22075 SUBJECT: Town of Leesburg, Virginia Potomac River Water Supply Project Application for Grant Assistance to the U.S. Department of Housing and Urban Development (HUD) HUD Reference No. WS-VA-79 Review by the General Accounting Office (J W Work Order No. 02-0013-13) This is further to the letter dated August 7, 1974, from the United States General Accounting Office (GAO) to the Secretary of the Department of Housing and Urban Development (HUD), which reviewed HUD's implementa- tion of the National Environmental Policy Act of 1969 in its handling of the Town's application for a grant to construct the Potomac River Water Supply Project. We have prepared the attached draft of a response to the GAO. This material responds to the suggestion made by Congressman Broyhill's administrative assistant on August 20, 1974, that we furnish as much material as possible in support of a request for a waiver of GAO's recommendation. Eight (8) copies of the draft are enclosed, one for each council member to review. Because of the length of three of the attachments to the draft, we are only furnishing the Town with one (1) copy of them at this time. However, in addition to forwarding herewith the original of the letter dated August 23, 1974, from the City of Fairfax, which we requested in support of the Town's response to GAO, we are also attaching a copy of it to each of the eight copies of the draft reply to GAO. r• • Mr. James W. Ritter, Jr. " Town Manager Town of Leesburg Leesburg, Virginia 22075 • August 28, 1974 Page Two After the Town has reviewed this reply, which has been prepared for signature by the Mayor, we would appreciate being advised of your comments and suggestions so that they may be incorporated into the draft. In order to avoid a great deal of typing by the Town's staff, if the Town would furnish us with some of its letterhead, we would retype the first page on the Town's letterhead and, hopefully, would be able to xerox a number of the pages which have already been typed. • We would suggest that a copy of the Town's reply to GAO, together with a copy of all the supporting material to be enclosed With it, be sent to all the offices mentioned in the last two paragraphs of GAO's review (namely, the House and Senate Committees on Government Operations, • the House and Senate Committees on Appropriations, the Inspector General and the Assistant Secretary for Community Planning and Development of GAO, the Office of Management and Budget, the House Committee on Banking and Currency and the Senate Committee on Banking, Housing and Urban Affairs), because GAO sent a copy of its review to all these offices. • If any clarification of the enclosed material is desired, please do not hesitate to let us know. AUDREY M. PENDERAST AMP/lpg Enclosures: (1) Eight (8) copies of Draft Letter dated August 23, 1974, addressed to The Honorable The Comptroller General of the United States General Accounting Office (2) Eight (8) copies of Letter dated August 23, 1974, from the City of Fairfax to the Town of Leesburg (stapled to Enclosure (1) ) 1974 ' PROCLAMATION WHEREAS, RESPIRATORY DISEASES REPRESENT ALMOST HALF OF THE CHRONIC ILLNESSES OF CHILDREN AND ACCOUNT FOR AS MUCH AS 85 PERCENT OF THE TIME SPENT BY PEDIATRICIANS IN TREATMENT, AND WHEREAS, LUNG-DAMAGING DISEASES AFFECT MORE THAN 6 MILLION CHILDREN IN THE UNITED STATES, AND WHEREAS, THE MOST TRAGIC RESPIRATORY DISEASE IN CHILDREN IS CYSTIC FIBROSIS, AN INHERITED BIOCHEMICAL DISORDER WHICH OCCURS I ONCE IN APPROXIMATELY EVERY FIFTEEN HUNDRED BIRTHS, AND WHEREAS, AT THIS TIME THERE IS NO CONTROL, DESPITE AD- VANCES IN TREATMENT, FOR THIS INHERITED LUNG DISEASE, AND WHEREAS, THE NATIONAL CYSTIC FIBROSIS RESEARCH FOUNDA- TION IS SUPPORTING RESEARCH TO FIND A CONTROL FOR CYSTIC FIBROSIS AND IMPROVED CARE FOR ALL CHILDREN WITH LUNG-DAMAGING DISEASES, AND WHEREAS, THE MONTH OF SEPTEMBER, 1974, HAS BEEN DESIGNATED AS BREATH OF LIFE MONTH IN THE TOWN OF LEESBURG, TO ENLIST PUBLIC SUPPORT IN THE FIGHT AGAINST CYSTIC FIBROSIS AND OTHER SERIOUS LUNG DISEASES IN CHILDREN. BE IT THEREFORE RESOLVED, THAT I, G. DEWEY HILL, ACTING UNDER AND BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTI- TUTION AND LAWS OF THIS TOWN, HEREBY PROCLAIM THE MONTH OF SEPTEMBER, 1974, AS BREATH OF LIFE MONTH AND URGE THE CITIZENS OF OUR COMMUNITY TO JOIN WITH THE NATIONAL CYSTIC FIBROSIS RE- SEARCH FOUNDATION IN ITS HUMANITARIAN TASK, MAYOR, TOWN OF LEESBURG g ®k4fig&i\®tQsv\i®v. x 351 Leesburg, Virgin is 22075 U;g1h CI"'101`\ s"` e Qae;i 0, 23 August 1974 G. Dewey Hill, Mayor Town of Leesburg Leesburg, Virginia 22075 Dear Mr. Hill: The Board of Trustees of the Loudoun Restoration and Preservation Society passed the following resolutions at their August 21, 1974 meeting. We would very much appreciate presentation of these resolutions to the Town Council at the 28 August 1974 meeting. "Be it resolved that the Board of Trustees of the Loudoun Restoration and Preservation Society recommend to the Town Council of Leesburg that the Council request the transfer of the state funds in the amount of $5,000.00 from the Loudoun County Chamber of Commerce to the Town of Leesburg." "Be it resolved that the Loudoun Restoration and Pre- servation Society shall match the fund of $5,000.00 from the state contingent upon the transfer." • We are requesting the immediate transfer of these funds because of the urgency of time to meet the December, 1974 deadline set by the state. Very truly yours, Helen- Alberts, Secretary • Any contribution is tax deductible. I1 1 LESLUKE CORPORATION FORT EVANS FARM j LEESBURG. VIRGINIA LESTER H. CARR HELMI E. CARR RICHARD H. CARR PRESIDENT SECRETARY•TREASURER VICE•PRESIDENT August 23, 1974 Town Council Town of Leesburg Leesburg, Virginia 22075 • Gentlemen: This is to notify you that we have bean advised by the Town Manager to whom such authority has been delegated that Lesluke Corporation has met all the requirements for preserving first place for Carrvale Subdivision on the Sewer and Water Priority list as provided in Section 8 of Resolution #4 adopted by the Town Council of Leesburg at its regular meeting of August 14, 1974 establishing a Sewer and Water Priority list. Therefore, in compliance with aforesaid resolution and since all • requirements have been met, both under_ the old listing and under the new resolution, Lesluke Corporation is requesting the Town Council to approve and confirm the place of Carrvale Subdivision at the top of the priority list in accordance with its previous first place chronological listing, and also as further provided in Sections 8 and 2 of aforesaid resolution adopted on August 14 , 1974. Yours vv ry truly, LESLUf5F1 CORDO AT ION /�'1.. , , Richard H. Carr, President RHC:ab cc: Dewey Hill I