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
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