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HomeMy Public PortalAbout1974_09_25 60 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 25, 1974. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on September 25 , 1974 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman Orr offering the prayer, and followed by the Salute to the Flag . Those present were : Mayor G. Dewey Hill , Ir6 Councilmen Charles E . Bange , Mary Anne Newman, Robert A. Orr, Her- bert L. Ridder, James A. Rock and C. Terry Titus ; also Deputy Town Manager E. Wesley Devero and Town Attorney George M. Martin. The minutes of the meeting of September 11, 1974 were approved as corrected. Deputy Town Manager Devero congratulated Mayor Hill on his ap- pointment to the Executive Board of the Virginia Municipal League, where he will be representing all towns in the State of Virginia. He also extended best wishes and prayers for Mayor Hill ' s mother. Mr. Devero reported that : (1) A letter has been received from Mr. Comer, State Geologist, with recommendations for three good sites for wells . This will be considered at the Public Works Committee meeting . (2) A very successful meeting was held with the School Board. Councilman Titus said that Town Attorney Martin has suggested that Council consider appointing a Charter Committee to look into and review the Charter for possible changes at the next General Assembly. He wholeheartedly endorsed this suggestion . Councilman Titus said the Public Works Committee will meet at 3 :00 P.M. next Monday , rather than 4 :00 . Councilman Titus reported that Mr . Devero, Mr. Chaves and he met with members of the Hospital Board and others yesterday . They will await further word from the Hospital Board on the fence erected on Gibson Street. Mayor Hill said he is honored to be appointed to the Board of the Virginia Municipal League and he feels that the Town of Leesburg should share in this honor. He reported that the theme of the Munici- pal League Convention was "Localism, " - that localities should stand up and be counted before the Federal and State Governments dictate to the local level . Mayor Hill said he had received a letter from Chief Kidwell, com- mending Corporal Hickman and Officer Evans for their work in appre- hending a subject in connection with a break-in at the Summit Hill Restaurant . He wished to publicly commend these menC . Councilman Orr reported that the Finance and Administrative Committee feels this should be done by a Letter of Commendation on Parchment and this will be done by next Council meeting . Mayor Hill read a letter commending Chief Kidwell for his help in setting up the school guard crossing program, this letter being from Mr. lel Galperin . A copy of this letter is attached hereto. Councilman Titus explained problems resulting from a resolution adopted on August 14th concerning the payment of fees for reserving capacity in the Sewage Treatment Plant for one year. This resolution dictated that, with regard to those properties listed in Category 1, either connection is to be made to the system within one year or all tap fees are to be paid within this period of time, and with the Town to be notified within 45 days from receipt of letter as to the in- tentions of the owner of such property . It was felt by the Public Works Committee that, where there is a vacant lot, the tap fee and availability fee for both water and sewer are to be paid and, where there is an existing structure, only the tap fee is to be paid. There is also confusion as to whether water is to be included, with 61 MINUTES OF SEPTEMBER 25, 1974 MEETING. the Public Works Committee feeling that water is implied. It was also pointed out by Councilman Titus that the word 'forfeit" does not mean that all rights are forfeited forever if owners of such property do not comply within the one year stipulated time . This would mean only until additional capacity is available and until they have established themselves on the August 28 Priority System. Other members of Council commented on these problems and felt that clarification is due to all those involved. Councilman Orr cited his own instance in Prospect Hills , with Councilman Titus explaining the procedures to be followed. Councilman Titus read a letter re- ceived from the Hutchison families in Ayrlee Subdivision concerning II this matter. It was felt that this letter must be answered by the Town Manager. Discussion was discontinued until later in the meet- ing when a proposed resolution will be presented for consideration . On motion of Councilman Rock , seconded by Councilman Titus , the following resoluti m was proposed : WHEREAS , the Town was notified by VEPCO of increased elec- tric utility rates ; and WHEREAS, this increase to the Town was paralleled by simi- lar increases to other municipalities and public bodies ; and WHEREAS, the Town was asked to participate in and aid in fi- nancing in a joint effort to fight such rate increase ; and WHEREAS, the Town Council did approve such joint effort and appropriate such funds to participate in such joint activity; and WHEREAS, the Virginia Municipal League did request that the Town not pay such higher electric utility rates , but pay such usage at such rates prior to such rate increase ; and II WHEREAS , the Finance and Administration Committee and the Town Council did both verbally disagree with the withhold- ing of monies to pay such higher electric utility rates , and to pay such higher utility rates under strong letter of pro- test to VEPCO, and stating that the Town would seek and ex- pect a refund or credit , if such higher rates are rescinded or disapproved; and WHEREAS, the Town Council does hereby wish to avoid further administrative question and confusion regarding its desires and intentions in this matter; NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is here- by directed to pay such electric utility bills as may be forth- coming at the level assessed by VEPCO, and to pay each and every bill under an appropriate strong letter of protest against such higher rates and indicating that the Town will both seek and expect a refund or credit if such rates are re- scinded or disapproved. . Mayor Hill reported that this matter was discussed at the League Con- vention. A study committee was appointed earlier by the League and this committee will appoint a consultant to investigate what can be done, however, this committee did not report to this Convention . It I will be at least another month before this study is completed. The resolution was then unanimously adopted, as shown below: Aye : Councilmen Bange , Newman, Orr, Ridder, Rock , Titus and Mayor Hill. Nay : None . A letter requesting a waiver ofbusinesslicense to operateta 1 Onimlotion o coundilman ituug , seconded`by-oun�cirmKnnagiaceer�, ade 6 following motion was offered: RESOLVED, that the waiver of business license for Loudoun Memorial Hospital be granted, as per letter of August 28, 1974 from John P. Valentine , Administrator . 62 MINUTES OF SEPTEMBER 25 , 1974 MEETING. After discussion, on motion of Councilman Rock, seconded by Coun- cilman Orr, the following substitute motion was offered: RESOLVED, that this be deferred until the next meeting and the Administrator have someone come to speak to the Council . It was suggested that the Town Manager direct another letter to Col . Valentine . The proposed substitute resolution was then unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay : None. • On motion of Councilman Ridder, seconded by Councilman Rock, the following resolution was proposed : RESOLVED, that the Mayor is hereby authorized to sign reply to the State Water Control Board agreeing to revocation of existing State Certificate and issuance of new State-National NPDES permit. Pertinent information from a letter received from the State Water Con- trol Board was read by Councilman Titus . The resolution was then unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Orr, Ridder; Rock, Titus and Mayor Hill. Nay : None. On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed: RESOLVED, that Perfotmance Bond in the amount of $165 ,000 for physical improvements in Loudoun Hills , Sec . 2 , be and it is hereby approved. '. The resolution was unanimously adopted, as shown, with Councilman Orr being out of the room at the time of the vote : Aye : Councilmen Bange, Newman, Ridder , Rock, Titus 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 a group hospitalization policy with American Health and Life Insurance Company cover- ing Town employees , and WHEREAS, the insurance company has notified the Town that the anniversary date of the existing policy is August 1, 1974 , and WHEREAS , due to increased medical costs , the company has notified the Town by letter of July 30 , 1974 that there will be an increase in rates , as shown in their letter of July 30, effective November 1 , 1974, and WHEREAS , a questionnaire has been submitted to Town employees to determine if they are willing to pay their increased costs , as shown in the July 30 letter, and WHEREAS , a majority of Town employees have indicated their willingness to do so , and WHEREAS , a "$65 .00 a day plan" has been submitted by American Hea•lthr. and Life Insurance Company, to which the Town employ- ees are willing to contribute their share of costs, NOW, THEREFORE, BE IT RESOLVED, that American Health and Life Insurance Company be advised that the Town is agreeable to the recommended '$65 .00 a day plan" for the group hospitaliza- tion policy. 63 MINUTES OF SEPTEMBER 25 , 1974 MEETING. Mr. E. Joseph Kelly, representing American Health and Life Insurance Company, addressed Council concerning the increased benefits of this policy due to increased costs , and stated that, upon the Town 's ac- ceptance , he is working to get a two-year guarantee on rates . Coun- cilman Orr asked questions of Mr. Kelly as to coverage of specific 1 items under this policy and commented that he felt this an excellent ! coverage above some other policies with which he was familiar. The resolution was then unanimously adopted, as shown below: Aye : Councilmen Bange , Newman, Orr, Ridder , Rock , Titus and Mayor Hill. Nay : None. It was felt that a request from Leesburg Institute for a sewer connection should be discussed at the time Council meets to discuss other matters of importance . On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed : BE IT RESOLVED, that permission be granted to move eight (8) parking meters , as shown on attached sketch, to accommodate employee parking . After explanation by Deputy Town Manager Devero and considerable dis- cussion concerning this and other related matters , the resolution was unanimously adopted, as shown: Aye : Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay : None. On motion of Councilman Rock, seconded by Councilman Orr, the following resolution was proposed : BE IT RESOLVED, that a request from St. James Episcopal Church to hold a raffle , to be drawn on November 9, 1974 , is hereby granted. After some little discussion, the above resolution was unanimously adopted, as shown: Aye : Councilmen Bange , Newman, Orr, Ridder , Rock, Titus and Mayor Hill . Nay : None . On motion of Councilman Rock, seconded by Councilman Orr, the following Ordinance was proposed : WHEREAS , Section 18 . 1-340 , Code of Virginia , 1950, has been amended to permit volunteer fire departments , rescue squads and certain other organizations to conduct bingo games and raffles after first obtaining an annual permit so to do from the political subdivision in which such volunteer fire de- partment, rescue squad or the business office of the organi- zation is located, and WHEREAS, the Town of Leesburg wishes to provide reasonable regulation of such bingo games and raffles for the protec- tion of the welfare and safety of the citizens of the Town; NOW, THEREFORE, BE IT ORDAINED, that a Section 21. 1 is hereby added to the Code of the Town of Leesburg to read and pro- vide as follows : (See attached Ordinance) • After explanation and discussion, the above Ordinance was unanimously , : adopted, as shown: Aye : Councilmen Bange , Newman, Orr, Ridder , Rock, Titus and Mayor Hill . Nay : None . Those organizations , etc . now operating bingo and raffles shall be notified of the adoption of this Ordinance by the Town administra- tion. 64 MINUTES OF SEPTEMBER 25 , 1974 MEETING. On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was proposed : WHEREAS, a letter has been received from the County Health Department outlining a request from Morven Park Equestrian Institute for permission to install a 3 , 200 gpd sewage plant, NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg • strenuously objects to the effluent of this sewage treatment plant emptying into the Potomac River at a point approximately 4 miles upstream from the intake of the proposed Leesburg water plant . It was felt that a copy of this resolution should be sent to the local and State Health Departments . The resolution was unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay: None . An item concerning the dedication of Plaza Drive was referred back to the Public Works Committee , with Mr. John Wallace to appear at that meeting . Mr. William Fiske , Fire Marshal for the Town , explained to Coun- cil a section of the Loudoun County Fire Prevention Code dealing with fire lanes , with the thought that fire lanes should be spelled out as a part of the Town 's Fire Prevention Code . This matter was dis- cussed by Council members and it was decided that a copy of the County 's Ordinance should be given to Town Attorney Martin for his perusal . Mr. Fiske was commended for his activity as Fire Marshal . time Bids were opened at this/for the investment of Town funds , as follows : First Virginia Bank - First National - 11 .01 7 . Peoples National Bank - 10 .26 %. First & Merchants National Bank - 9. 125%. On motion of Councilman Rock, seconded by Councilman Ridder, the fol- lowing resolution was proposed and unanimously adopted, as shown : BE IT RESOLVED, that First Virginia Bank - First National be awarded the investment of the following funds : $100,000 Water and Sewer Availability funds , due September 24 , 1974 with First & Merchants Bank, for a period of 180 days , at an interest rate of 11 .01 per cent . Aye : Councilmen Bange , Newman , Orr, Ridder, Rock, Titus and Mayor Hill . Nay : None . On motion of Councilman Bange, seconded by Councilman Orr, the following resolution was proposed : BE IT RESOLVED, that "No Parking" signs be erected on the west side of Church Street between Jim Tyler 's entrance and Loudoun Street, and BE IT FURTHER RESOLVED, that the curb on the north side of Loudoun Street, from Church Street to A & P entrance , be painted yellow. On motion of Councilman Titus , seconded by Councilman Rock, an amend- ment was proposed as follows : Add at the end of the resolution : "and that painted parking spaces be made on the south side of Loudcun Street, beginning at an appropriate distance east of Church Street and ending west of Harrison Street . 65 MINUTES OF SEPTEMBER 25, 1974 MEETING. The amendment was unanimously adopted and, after discussion, the reso- lution, as amended, was unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay : None . On motion of Councilman Orr, seconded by Councilman Newman , the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made : $ 291 . 22 - Street Resurfacing - Capital Outlay-General Fund . 800 .901. 1,463 .44 - Radio equipment - Police-Capital Outlay. 7 ,000 . 00 - Utility Plant - Mechanic - Grade 6A. 270 .00 - Land appraisal - General Fund-Capital Outlay . 179.85 - Office furniture (supplemental) - General Fund-Capital Outlay . 785 .00 - Mailing machine - General Fund-Capital Outlay. After discussion, the $7 ,000 appropriation for a mechanic at the Utility Plant was changed to read $5 , 250.00 , the appropriation being for salary for nine (9) months . Also, after explanation by Deputy Town Manager Devero, the $1,463 .44 for Police Radio Equipment was changed to read $2 ,307 .06-; the extra amount being •to cover the en- tire amount left over of the Federal Grant - $843 .62 to be returned by September 30 . The amounts changed read as follows : $ 2 , 307 .06 - Radio equipment - Police-Capital Outlay. 5 ,250 .00 - Utility Plant - Mechanic - Grade 6A. The resolution , as corrected, was then unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay : None . It was requested that the Town Manager prepare a list of monies spent for Police radio equipment since July 1, 1973 , to be given to the Finance and Administration Committee . Councilman Orr left the meeting at this time . On motion of Councilman Ridder, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that "One-hour Parking" signs be placed on north side of Cornwall Street between Liberty Street and Wirt Street . After explanation by Councilman Bange and some discussion, it was de- cided that the resolution should read as follows : BE IT RESOLVED, that tine-hour Parking between hours of 8 :00 A.M. and 6 :00 P.M. " signs be placed on north side of Cornwall Street between Liberty Street and Wirt Street . The resolution was unanimously adopted, as follows : Aye : Councilmen Bange , Newman , Ridder, Rock, Titus and Mayor Hill . Nay : None . - A letter from Henningson , Durham & Richardson, giving the break- down of costs for a proposed aircraft apron at the Airport , was dis- cussed, with Councilman Ridder feeling that the engineering costs were exorbitant. 66 MINUTES OF SEPTEMBER 25 , 1974 MEETING. On motion of Councilman Rock, seconded by Councilman Ridder, the following resolution was proposed : WHEREAS, the Town Council of the Town of Leesburg , on June 26 , 1974, did give tentative approval to Phase II of the Airport Master Plan, but withheld final approval pending a review of the plans by the Town Council with the Loudoun County Board of Supervisors and the general public , and WHEREAS, on August 20, 1974, a meeting as described above was held, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that final approval is hereby given on Phase II of the Airport Master Plan , and that the firm of Henningson , Durham and Richardson is hereby authorized to prepare, for signature , all final plans and specifications required under Phase II of the preparation of the Airport Master Plan , pursuant to the contract for professional en- gineering services dated April 26 , 1971 between the Town of Leesburg and Henningson , Durham and Richardson , and BE IT FURTHER RESOLVED, that the firm of Henningson , Durham and Richardson be and it is hereby authorized to proceed with Phase III of that same Airport Master Plan immediately upon completion of Phase II , and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Mr . Dick Stewart of Henningson , Durham and Richard- son. Lengthy discussion followed, with some members feeling that perhaps Phase II should not be accepted insofar as the Town feels concerning the exact plan presented by Phase II , however, it was felt that, by com- pleting Phase II , the Town could then hold a Pbblic Hearing and de- termine the feelings of the public before proceeding any further. The resolution was then adopted by a vote of 5 to I, shown below: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Hill. Nay : None. Abstention : Councilman Titus . • A recess was called by Mayor Hill at 9: 50 P.M. , with Council re- suming session at 9 : 56 P.M. On motion of Councilman Rock , seconded by Councilman Newman, the following resolution was proposed : WHEREAS , a request was received from Mr . Forrest L. Walton for the leasing from the Town at Godfrey Field, land for a fixed base operation ; and WHEREAS, the Town is in the process of developing a Master Plan for Godfrey Field, which is not as of this date com- plete ; and WHEREAS, any new facilities located at Godfrey Field may not be compatible with such Master Plan, NOW, THEREFORE, BE IT RESOLVED, that the Town Manager be di- rected to reply to Mr. Forrest L. Walton that, until such time as the Master Plan and minimum operating standards are II ` finally adopted by the Town Council and approved by all nec- essary governmental bodies , no new fixed base operations or other facilities , other than such facilities as may •be con- structed pursuant to existent leases of Airport land, will be authorized at Godfrey Field. Devero Deputy Town Manager/asked if copies of letters such as the one re- ferred to above , along with resumes , should not be sent to the Air- port Advisory Committee . It was felt by Council that this should be done . The resolution was then unanimously adopted, as shown : 67 MINUTES OF SEPTEMBER 25 , 1974 MEETING. Aye : Councilmen Bange, Newman , Ridder, Rock, Titus and Mayor r, Hill . Nay : None . A very lengthy discussion took place on the matter of an ease- ment across the Hutchison property, which easement has been under negotiation for the last several months and which is needed for the construction of a new sewer line across the Hutchison property, the work to be done by Sorensen Construction Corporation, developers of Andover Meadow Subdivision . All of said property is located on the west side of Morven Park Road. Of particular concern was a letter from Kenneth B . Rollins , attorney for the Hutchisons , requesting pay- ment of $11,000 for this easement . It was pointed out that the Pub- lic Works Committee has spent a lot of time , along with the Sorensens , in attempting to negotiate this matter, and with a legal opinion hav- ing been obtained by Attorney Thomas W. Nalls concerning the exist- ing easement on record . Both Mr. Lester Sorensen, Sr . and Mr. Les- ter Sorensen , Jr. addressed Council expressing their views and asked that Council take some action at this time . After discussion, it was felt that no action could be taken tonight, with the Sorensens agreeing to wait another two weeks for an answer. On motion of Councilman Titus , seconded by Councilman Ridder, the following reso- lution was proposed : BE IT RESOLVED, that the Town Manager be directed to request Mr. Thomas W. Nalls to immediately aid in the preparation of an appropriate resolution with the input of the Town Manager, with the idea that the Town feels that the existing easement on the Hutchison - Casilear property is reasonable , as stated in his letter, and that the Town wishes that the recommenda- tions of his letter of July 10 be incorporated into that reso- lution, and that it be presented to the Public Works Committee at its next meeting for inclusion on the October 9th Town Council Agenda . It was requested by Mr. Sorensen, Jr. that this letter be hand-carried to Mr. Nalls . Also, a letter is to be sent to Mr. Rollins , advising him that this matter has been deferred until the next Public Works Committee meeting . The resolution was then adopted, as shown : Aye: Councilmen Bange , Newman, Ridder, Rock and Titus . Nay : None. Abstention : Mayor Hill. On motion of Councilman Rock , seconded by Councilman Newman, the following resolution was proposed : WHEREAS, a letter from The Hub dated September 13 , 1974 is , in effect , a request for a permit to hold a sidewalk sale , and WHEREAS , it is felt by the Town Council that The Hub should have liability coverage in the amount of $500,000, NOW, THEREFORE, BE IT RESOLVED, that a permit be granted to The Hub to hold such sidewalk sale provided liability cover- age is furnished in the amount of $500 ,000 and , further, that the Town of Leesburg is named as additional insured. Deputy Town Manager Devero read a letter received from Moore-Clemens lir & Company stating that the Hub does have the required insurance . Councilman Titus commented that, when White 's Department Store, held such a sidewalk sale , there were people walking in the street, caus- ing an extremely dangerous situation; also, the fact that other mer- chants put items on the sidewalk for sale without a permit to do so. Chief Kidwell was asked to express his opinion. He said there is no way that such a sidewalk sale can be held in safety . On motion of Councilman Titus , seconded by Councilman Rock, the following substi- tute resolution was proposed: 68 MINUTES OF SEPTEMBER 25 , 1974 MEETING. WHEREAS, a letter from The Hub dated September 13 , 1974 is, in effect , a request for a permit to hold a sidewalk sale , and WHEREAS, the Town Council has been advised by its Police Chief that such a sale, because of past history , has proven to be dangerous to the citizens of Leesburg , NOW, THEREFORE, BE IT RESOLVED, that this request is hereby denied. The resolution was unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and Mayor Hill . Nay : None. On motion of Councilman Titus, seconded by Councilman Rock, the following resolution was proposed : RESOLVED, that the attached list of delinquent real estate taxes for the year 1973 be made a part of the record. After some explanation by Town Attorney Martin and Treasurer Mervyn C . Timberlake , the resolution was unanimously adopted, as shown : Aye : Councilmen Bange, Newman , Ridder, Rock, Titus and Mayor Hill . Nay : None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that business license fee is hereby waived for the Kiwanis Club to hold a one-day Circus on September 26 , 1974 at 4 :00 P.M. and 8 :00 P.M . in the vacant field at Virginia Village Shopping Center. The resolution was adopted , as shown : Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Hill. Nay : None . Abstention : Councilman Titus . After discussion, it was decided that Council would meet on Tues- day night , October 1st , in the Council Chambers at 7 :30 P.M. to dis- cuss philosophies on water and sewer, Airport matters , downtown park- ing, drainage , etc . , this meeting to be open to the public , however, there will be no public input . An Agenda for said meeting is to be prepared. On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed : WHEREAS, a request was received from Alfred W. Gardiner in his letter of September 9th addressed to the Town of Lees- burg , that the Town advise him that they are reserving ca- pacity for Lots 25 , 26 , 27A and 28A in Virginia Village under the same conditions as so outlined in the said letter to Mr. Gardiner of August 29, 1974 , and WHEREAS, Mr . Gardiner was advised, by letter dated September 111 5 , 1974, that the inclusion of his land was in error and, subsequently, by registered letter dated September 20 and mailed September 20, 1974, has been so advised for a second time that inclusion was in error, and WHEREAS, Mr. Gardiner appeared before the Public Works Com- mittee on the 16th day of September, 1974, and the error was fully explained and he was advised thattsewer capacity could not be reserved for Lots 25 , 26, 27A and 28A in Virginia Village under the same conditions as outlined in the letter of August 29, and 69 MINUTES OF SEPTEMBER 25 , 1974 MEETING. WHEREAS, the Council regrets the confusion raised by the error, but finds that the circumstances outlined in Mr. Gardiner 's letter do not warrant including the said prop- erty among those outlined in the letter of August 29, 1974, BE IT, THEREFORE, RESOLVED, that Alfred W. Gardiner be ad- vised that the Town made no committment by its resolution of August 14, 1974 that should be honored and that sewer capacity will not be reserved for Lots 25 , 26 , 27A and 28A in Virginia Village under the same conditions as so outlined in the letter of August 29, 1974 , and BE IT FURTHER RESOLVED, that in order to be placed on the forthcoming priority list, when established, the require- • ments of the resolution adopted by the Town on August 14, 1974 be and the same must be followed by Alfred W. Gardiner. After some discussion, the resolution was unanimously adopted, as shown : Aye : Councilmen Bange, Newman , Ridder, Rock, Titus and Mayor Hill . Nay : None. On motion of Councilman Titus, seconded by Councilman Bange, the following resolution was proposed : BE IT RESOLVED, that the Town Council hereby defines "all applicable fees , " as noted in the third paragraph of Reso- lution #2 regarding water and sewer, adopted August 14, 1974, as the following : 1 . Existing Structures (a) Those not connected to sewer _ sewer tap fee. (b) Those not connected to water - water tap fee . (c) Those not connected to water or sewer - water tap fee and sewer tap fee . 2. - Vacant Lots in Subdivisions - water tap fee , sewer tap fee , water availability fee and sewer availability fee , and BE IT FURTHER RESOLVED, that the Town Council will guarantee water and/or sewer capacity for only that which is paid for and in the manner as stated above , and BE IT FURTHER RESOLVED, that the Town Council hereby directs the Town Manager to direct the Town Treasurer to accept only those monies which are- payment in full for the above-noted services . After some little discussion, the resolution was unanimously adopted, as shown : • Aye : Councilmen Bange , Newman , Ridder, Rock, Titus and Mayor Hill . Nay : None . II • Mayor Hill announced that the Council Room will be used tomorrow by the Circuit Court for Loudoun County. On motion of Councilman Rock, seconded by Councilman Ridder, the following resolution was proposed: • WHEREAS, Transamerican Airports , Inc . has submitted to the Airport Advisory Committee preliminary layout drawings for a proposed T-hangar to be constructed by Transamerican Air- ports , Inc . on the land leased by it from the Town at Lees- burg Municipal Airport ; and 70 MINUTES OF SEPTEMBER 25 , 1974 MEETING. WHEREAS, such submittal was accompanied by a request for an extension of time for submitting the final design of such T-hangar ; and WHEREAS, such submittal is apparently a response to the reso- lution of Council passed 26 June 1974 concerning T-hangar de- sign plans and specifications ; and WHEREAS, the Airport Advisory Committee has diligently and promptly reviewed such submittal ; and WHEREAS, the Airport Advisory Committee has made certain recommendations to the Council with respect to such submittal which are incorporated in this resolution ; NOW, THEREFORE, BE IT RESOLVED, that the preliminary layout drawings for a proposed T-hangar submitted to the Airport Ad- visory Committee by Transamerican Airports, Inc . are inadequate for the purposes of meeting the requirement of design plans and specifications provided for in the resolution of the Town Coun- cil of Leesburg passed 26 June 1974 ; and BE IT FURTHER RESOLVED, that the approach toward such T-hangar construction by Transamerican Airports , Inc . is reasonable, but lacks the definiteness and specificity needed in order for the Airport Advisory Committee to approve or disapprove such plans ; and BE IT FURTHER RESOLVED, that the request of Transamerican Air- ports , Inc . for an extension of time for submittal of final de- signs for the proposed T-hangar be granted in and upon the fol- lowing conditions : (1) Design plans and specifications for the proposed .T-hangar be submitted to the Airport Advisory Committee on or before 22 October, 1974 ; (2) Construction of such T-hangar shall be commenced not later than six (6) months from 26 June 1974 , as required by the afore- said resolution of such date , and this resolution shall have no effect on such date for commencement of construction . . After discussion, the resolution was unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Ridder , Rock, Titus and Mayor Hill . Nay : None . On motion of Councilman Ridder, seconded by Councilman Bange, the following resolution was proposed : BE IT RESOLVED, that the Town Manager is hereby authorized to proceed to secure an extension of time on the present Fisher Deed of Easement until such time as a perpetual ease- ment can be obtained. After explanation by Deputy Town Manager Devero and Councilman Titus , the resolution was unanimously adopted, as shown: Aye : Councilmen Bange , Newman, Ridder, Rock,. Titus and Mayor Hill. Nay : None . On motion of Councilman Titus , seconded by Councilman Rock, the following resolution was proposed; after a report from Councilman Titus concerning a meeting with the School Board on the storm sewer easement needed by the Town at the Leesburg Middle School : BE IT RESOLVED, that the Town Council accepts the proposal from Dewberry , Nealon & Davis by their letter of September 18, 1974 regarding the Leesburg Middle School storm sewer easement and sanitary sewer lateral relocation , with the 71 MINUTES OFSEPTEMBER25, 1974 MEETING. stipulation that the plans and plats be presented to the Town by October 25, 1974, and that a copy of the Memorandum of September 25, 1974 and the letter from the School Board of September 25 , 1974 be forwarded to DND. After discussion, the resolution was unanimously adopted, as shown : Aye :. Councilmen Bange , Newman , Ridder, Rock,- Titus and Mayor Hill . Nay: None . IIOn motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed : WHEREAS , the Loudoun County School Board has agreed to grant the Town of Leesburg a permanent 25-foot wide storm drainage easement along and through the Leesburg Middle School prop- 1 erty with a 5-foot temporary construction easement along the entire length of the gabion channel, NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Leesburg accepts the stipulations provided by the Loud- oun County School Board, to-wit : 1. Construct a concrete channel from the little building on the west side of the School Board property to the line of the fence behind the gym, this portion of the con- cstruction to be enclosed by a 4-foot high chain link fence ; 2. Construct a gabion channel from the terminus of the con- crete channel mentioned above to the southerly property line of the School Board property , the construction to be permanent , and the matting to be placed so as not to be- come loose ; I 3 . Relocate the existing sanitary sewer lateral to a manhole southeast of the School building ; 4 . Maintain all construction in perpetuity . Councilman Titus expressed his feelings concerning this entire matter, feeling that the School Board has not considered the Town of Lees- burg in this matter. This land is not being used now and the School Board has no plans for it in the future. This is not a harmonious way of acting . Other Council members felt the same way . A roll call vote showed the following : Aye : Councilmen Newman, Ridder and Mayor Hill. Nay: Councilmen Bange , Rock and Titus . On motion of Couos man Titus , seconded by Councilman Rock, Council voted by- ro31 ca° to reconsider the above matter, as shown : Aye : Councilmen Newman, Ridder, Titus and Mayor Hill . , Nay : Councilmen Bange and Rock . After further discussion, a roll call vote on reconsideration of the , , above resolution showed the following , the resolution being adopted by a vote of 4 to 2 : '' Aye : Councilmen Bange, Ridder, Titus and Mayor Hill . Nay: Councilmen Newman and Rock. On motion of Councilman Titus , seconded by Councilman Rock , the following resolution was proposed : WHEREAS , on October 13 , 1971 , the Town Council of the Town of Leesburg adopted a Handbook which included in it a sec- tion entitled "Policy Guidelines - Off-Site Sanitary Sewers , Storm Drainage and Sewers", and 72 MINUTES OF SEPTEMBER 25 , 1974 MEETING. WHEREAS , Section 15 . 1-466 (J) of the Virginia State Code provides "for payment by a subdivider or developer of land of his pro-rata share of the cost of providing reasonable and necessary sewerage and drainage facilities , located outside the property limits of the land owned or controlled by him but necessitated or required, at least in part, by the construction or improvement of his subdivision or de- velopment ; . . . . " NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Leesburg Planning Commission is hereby directed to immediately prepare an amendment to the Town 's Subdivision Ordinance to include the provisions of Section 15 . 1-466 (J) of the State Code, using the Town ' s "Policy Guidelines" as a guide , and BE IT FURTHER RESOLVED, that a proper joint Public Hearing "4 by the Council and Commission be held as soon as possible , and BE IT FURTHER RESOLVED, that discussions between the Town and the County of Loudoun be immediately begun to seek their input into the above-mentioned proposed amendment to the Town"s Sub- division Ordinance . After explanation by Councilman Titus , Council voted unanimously to adopt the resolution, as shown : Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and Mayor Hill . Nay : None . On motion of Councilman Rock, seconded by Councilman Bange, Coun- cil voted unanimously to go into executive session at 12 :12 A.M. to discuss acquisition of land and legal matters . Council resumed session at 1 :09 A.M. , with no action being taken. On motion of Councilman Rock, seconded by Councilman Newman, the meeting was adjourned. . 42-1/ [ Mayo /fit Clerk o the Council ��? r" ' � 21 . 1-1 Taxation and Licenses Generally � 21 . 1-2 Sec . 21 . 1-1 . Bingo Games and Raffles : Who May Conduct . It shall be unlawful for any person to conduct, promote, set up or be concerned in managing a bingo game or raffle within the Town of Leesburg , except as follows : (a) Any volunteer fire department or rescue squad as identified and described in Section 18 . 1-340 (b) , Code of Vir- ginia , 1950 , as amended, and pursuant to the provisions there- of, located or having its business office in the Town of Lees - burg . (b) An organization, which for purposes of this section, shall be defined as any of the following which operates with- out profit and which has been in existence continuously for a period of two years immediately prior to seeking a permit as . hereinafter provided: (1) A corporation, trust, Church, association , com- munity chest , fund or foundation organized and operated exclusively for religious , charitable , scientific , literary, community or educational purposes ; (2) Posts or associations of war veterans or auxili- ary units or societies of any such posts or as- sociations , if such posts , associations , units or societies are organized in the United States or any of its possessions ; (3) A fraternal society , order or association oper- ating under the lodge system; (4) A corporation or association organized and operated exclusively for the restoration and maintenance of historic gardens and the gene- ral promotion of beautiful gardens . Sec . 21 .1-2 . Same -- Who Shall Benefit . No part of the gross receipts derived from the acts regu- lated by this ordinance shall inure directly or indirectly to the benefit of any private shareholder, member, agent or em- ployee of any such volunteer fire department , rescue squad or organization ; and provided further, that any such volunteer fire department, rescue squad or organization shall not enter into a contract with any person or firm, association or organi- zation, partnership or corporation of any classification what- soever, for the purpose of organizing , managing or conducting bingo games or raffles . Such volunteer fire department, rescue squad or organization may delegate the authority or duty of organizing , managing or conducting bingo games or raffles only to a natural person or persons who are bona fide members of such volunteer fire department , rescue squad or organization . -214 .3- • § 21 . 1-2 Taxation and Licenses Generally § 21 . 1-4 It is the intent that applicant organizations use only volunteer or gratis supervision and labor for the purpose of operating bingo games or raffles and that all profits result- ing from such ventures be applied to the charity or eleemosy- nary purpose for which applicant organization stated on the application for a permit. Sec . 21 .1-3 . Same -- Issuance of Permits . An annual bingo or raffle permit shall be issued by the Town Treasurer to qualified applicants , as defined herein , and the fee for such permit shall be $25 .00 , payable annually, in advance . Such permits issued under this Section shall not be valid for a period of time in excess of one year and all permits shall expire annually on the 30th day of June . Such permits , if issued during the year, shall only be valid to the annual expiration date contained in this ordinance and the fee charged and paid shall he the same as for a full year even though such permit was issued during the year and expires under this ordinance before the actual expiration of twelve months . Suhc permits shall be non -transferrable . The permit fee herein mentioned shall not be pro-rated and no refunds shall to made to the applicants who obtain such permits . All such permits so developed and issued by the Town Treas- urer shall state on the face thereof, the expiration date of such permit , that such permit is issued pursuant and subject to all and singular provisions of Section 18 . 1-340 (b) , Code of Virginia , 1950 , as amended; that the holder of such permit consents to reasonable inspection of the premises whereat the bingo games or raffles authorized to be conducted by said per- mit are operated ; that such permit is to be publicly displayed in a conspicuous place on the premises whereat the permitted bingo game or raffle is to be conducted and that failure to so display such permit shall have the effect of rendering such bingo game an unauthorized and unlawful operation; and that such permit shall be subject to revocation by the Town Treas- urer, after notice in writing to the holder of such permit . Any applicant denied a permit by the Town Treasurer, or who has received notice of revocation of a permit, may peti- tion the Town - Council for a hearing before the Town Council . Sec . 21 . 1-4 . Same -- Records To Be Kept. Records of all receipts and disbursements shall be kept and shall be filed annually with the Town Treasurer within ninety days after the end of the period for which the permit was issued. Such records shall be a matter of public record. -214 .4- T e 21 .1-5 Taxation and Licenses Generally § 21 . 1-9 Sec . 21 . 1.-5 . Same -- Revocation of Permit . The Town Treasurer may revoke the permit of any volunteer fire department , rescue squad or organization found to be not in compliance with the provisions of the Code of Virginia or the Code of the Town of Leesburg . Sec . 21.1-6 . Same -- Fire Inspection. The Town Fire Marshal _shall inspect the premises whereat the permitted bingo game or raffle is to be conducted prior to the issuance of such permit . He shall determine the fire safe- ty of such premises and shall determine the maximum safe num- ber of persons permitted to occupy such premises for such per- mitted bingo game or raffle based on available fire exits and precautionary and/or preventive measures on such premises . The Town Fire Marshal shall certify his inspection in writing and there shall be posted in a conspicuous place on such prem- ises a copy of such certification clearly stating the maximum safe number of persons who may occupy such premises during such permitted bingo game or raffle . No permit shall be is- sued unless such premises have been certified by the Town Fire Marshal . Such additional inspections shall be made at regular, unannounced intervals , but no less than twice each permit per- iod, including the initial inspection . Should such premises fail to receive certification from the Town Fire Marshal, he shall report such failure to the Town Treasurer, who shall sus- pend the permit until such time as the premises shall again receive certification from the Town Fire Marshal . A copy of all inspection certificates shall remain on file with the permit application. Sec . 21 . 1-7 . Same -- Parking . Each request for a permit for a bingo game or raffle shall be accompanied by a statement outlining a program or plan for parking of motor vehicles of persons attending such bingo game or raffle . Such program or plan shall be approved by the Town Police before the issuance of any permit for any bingo game or raffle . Such approved program or plan shall remain on file in the office of the Chief of Police and a copy shall be filed.` with the permit application . Sec . 21 .1-8 . Same -- Time of Conducting . No bingo game or raffle shall be conducted after 12 o 'clock midnight . Sec . 21 .1-9 . Same -- Prohibited Activities . Alcoholic beverages and prohibited drugs shall not be served or used on such premises during the conducting of a permitted bingo game or raffle . -214. 5 - § 21 . 1-10 Taxation and Licenses Generally § 21 .1-10 Sec . 21 . 1-10 . Same -- General . No person under the age of 16 years , unless accompanied by a parent or guardian , shall participate in any bingo game or raffle permitted under this ordinance. Waiver of any portion of this ordinance does not waive the remainder of the ordinance. No portion of this ordinance may be waived except by resolution of the Town Council . -214 .6- - TOWN OF LEESBURG DELINQUENT REAL ESTATE TAXES FOR THE YEAR 1973 NAME: PROPERTY: TAX: PENALTY: TOTAL: Allman, Roy G & Maxine B 48-64 $386.00 $ 19.30 $405.30 Ambers, Clara P 48-95A 51 .20 2.56 53. 76 Anderson, Alberta L & Juston L 48A-BK4-12 32 .20 1.61 33.81 iuderson, Alberta L & Juston L 48A-Bk4-13 38.20 1.91 40.11 Aries Corp. 48A-Bk27-18 300.00 15.00 315.00 r Ashton, Guthrie H Jr. 48B(1)15 46.00 2.30 48.30 Beaver, Edwin E & Anna Gay 48A-Bk12-1 39 .60 1.98 41.58 Beaver, Edwin E & Anna Gay 48A-Bk12, 2,3 35.20 1.76 36.96 Beaver, Edwin E & Anna G 48A-Bk15-14 65.80 3.29 69 .09 Bryant, Louis S 48A-Bk10-18 49 .60 2.48 52 .08 Bryant, Louis S 48A-Bk4-27 40.80 2.04 42 .84 Coppage, Edward A Jr 48-105 700.00 35.00 735.00 Daniel, John 0 48E(1)61,62 39 .80 1.99 41.79 Daye, Va. J 48B(3)J 40 .00 2.00 42 .00 Douglass, Lucille 48B(1) 49A&50A 40.00 2.50 ' 42. 50 kr- Feldman, Solomon 48A-Bk35-25 126.00 9.60 " 135.60 Ford, Cleo et al 48B(1)39 12.00 .60 12.60 Gore, Coleman C 48A-Bk26-13 269.80 13.49 283.29 Gore, Coleman C 48A-Bk26-15C 13.60 .68 14.28 Gore, Coleman C 48A-Bk26-15B 10.00 .50 10.50 Gore, Coleman C 48A-Bk26-15A 15.40 .77 16.17 Gore, Coleman C 48A-Bk26-12 8.00 .40 40 • Hanes, Grayson P Tee. 47-32D 193.40 9.67 203.07 Hearne, John W & June H 48A(9)4 190.50 9.53 200.03 Herndon, Wm A Jr. & Mary G 48A-Bk30-3 126.00 6 .30 132.30 Jackson, Beatrice 48A-Bk13-3 .21.80 1 .09 22.89 Jackson, Beatrice 48A-Bk13-4 13 .20 .66 13.86 3ackson, Ralph C 48B(1) 40 58.00 2.90 60.90 Jackson, Ralph C & Rose Lee 48B(1)40A 2.00 .10 2.10 Johnston, John Allen & Helen M 48-36 255.60 12.78 268.38 Kaplan, Jerome A & 10.00 .50 10.50 L Meyrowitz Tees 48K(9) 159 99.80 4.99 104.79 ' ix eschke, Thomas H 47E(3)12 Monaco, Ada C 48A-Bk4-21 100.80 5.04 105.84 McMahan, Mary Harper 48A-Bk9-7 232.80 11.64 244.44 McWilliams, Charles A 48A-Bk6-11 34.40 1.72 36.12 .`'6-[: aGF� A. , DELINQUENT REAL ESTATE TAXES FOR THE YEAR 1973 (continued) O'Mears, James H Tee 48E(4)1A 96.20 4.81 101 .01 1 Polychromes, John M 480 (7)7 10.00 .50 10.50 /Polychromes, John M 480(7)7 48.40 2.42 50.82 . Potterfield, June T 48-119 105.40 5.27 110.67 Powers, Sylvester & Jane G 48B(1)16 16.00 .80 16.80 Roberts, Irene Kathryn 48A-Bk4-7 24.80 1 .24 26.04 Steadman, Donald C & Mary Ann 48A-Bk36-13A 89.60 4.48 94.08 • Stewart, Grace. L 48A-Bk31-8 36.80 1 .84 38.64 Stewart, Grace L 48A-Bk31-7 78.00 3.90 81 .90 Stokes, Richard & Diana 48A-Bk17-30 48.40 2 .42 50.82 Sutherland Corporation 48A-Bk14-7 . 58.00 2 .90 60 .90 Thompson, Dorothy 48A-Bk26-15 52.00 2.60 54.60 Tincher, WmT & Peggy C 48L(7)29 103.60 5.18 108.78 Townsend, Herman S 48B-10 54.60 2.73 57.33 Washington, Norman P Sr & Gertrude P 48B(1)21 ,33 52 .00 2 .60 54.60 Whiting, Wilbur W & Gwendolyn M 48-98 80.00 4.00 84.00 Whitmore, William C Jr 48A-Bk10-19 - - 27.60 1.38 28.98 Whitmore, William C Jr 48A-Bk21-12 91 .40 4.57 95.97 Whitmore, William C Jr 48A-Bk211-11 83.60 4.18 87.78 Whitmore, William C Jr - 48A-Bk10-17 108.40 5.42 113.82 Whitmore, William C Jr 48A-Bk21-4&5 87.00 4.35 91.35 Whitmore, William C Jr 48A-Bk9-2 50.00 - 2.50 52.50 Whitmore, William C Jr 48E-119,120 204.20 10.21 214.41 Whitmore, William C Jr 48E-117&118 204.20 10.21 214.41 Whitmore, William C Jr 48E(1)114A&114B 16.40 .82 17.22 Wiley, James Jr & Bertha J 48A-Bk4-46 29.40 1.47 30.87 Wiley, James Jr & Bertha J 48A-Bk4-46A 14.80 .74 15.54 • • 1