HomeMy Public PortalAbout1975_01_22 147
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 22 , 1975 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg , Virginia, on
January 22 , 1975 at 7 :30 P.M. The meeting was called to order by
the Mayor, with Town Manager Ritter offering the prayer, and fol-
lowed by the Salute to the Flag . Present were : Mayor G. Dewey
Hill, Councilmen Charles E. Bange , Mary Anne Newman, Herbert L.
Ridder, James A . Rock and C . Terry Titus ; also Town Manager James W. '
Ritter, Jr. and Deputy Town Manager E. Wesley Devero . Absent from
the meeting was Councilman Robert A. Orr.
The Minutes of a Public Hearing held on December 31, 1974, a
' Special Meeting held on December 31, 1974 and a Special Meeting held
on January 3 and January 6 , 1975 were approved as written. The Min-
utes of the regular meeting of January 8, 1975 were approved with
one change, that being to change the words "faulty construction" to
"deplorable design" in the second paragraph from the bottom of Page
4.
Mr. Fredric L. Spain addressed Council concerning increased
fees and method of payment in relation to Loudoun Hills Subdivision.
He felt that this particular subdivision came under the 1.3 mgd
capacity in the Sewage Treatment Plant before the moratorium was
declared by Council in February of 1973 . Therefore, he felt charges
should not be made on the increased schedule of fees . He also felt
that the payment of tap fees prior to the issuance of a building
permit is a burden on the builders . He asked that Council give
this matter consideration and advise him and the public of any
change in its policy . Mayor Hill directed these comments to the
Public Works Committee for consideration. Councilman Titus asked
that Mr. Spain 's request be submitted in writing before the Com-
mittee considers it. Mr. Ritter was directed by the Mayor to write
Mr. Spain concerning this request.
Town Manager Ritter reported as follows :
(1) He has contacted Mr. Shull, Director of Public Works for
Fairfax City, again concerning a meeting with the Fairfax Council
on the possibility of Leesburg using Goose Creek water. The Fair-
fax Council has been tied up on other matters and has not yet gotten
to Leesburg 's request.
(2) There will be a field inspection by the Highway Department
on January 30th on the proposed Route 7 Urban Project from Catoctin
Circle to the east corporate limits. It is proposed at this time to
end this project at Catoctin Circle. This is merely an inspection and
does not mean they are going ahead with this project at this time.
(3) We have been notified by the Virginia Municipal League
that an agreement has been reached with VEPCO on an adjusted utility
rate, which will be retroactive to July 1, 1974. We have been pay-
ing on the increased rate and will receive a credit.
(4) The electric eye has been installed at the Myers Well and,
if it proves successful, we will probably want to do the same thing
at the other wells .
Councilman Ridder reported that he and Mr. Forbes attended a
meeting last week at NVPDC relative to working out a fair share al-
location formula for the discretionary balance of funds . The per-
centage of monies allocable to Leesburg would be 1.8 per cent if
the resolution setting forth the proposed formula is adopted. Mr.
Forbes pointed out that the original allocation for Leesburg would
have been 1.4 per cent , however, due to the insitence and persistence
of Mr. Ridder, the formula was changed to be based on the Tayloe-
Murphy estimated population figures .
Councilman Titus reported that a meeting with the School Board •
concerning the easement needed on the Leesburg Middle School prop-
erty was very fruitful and it is possible that ' the Town may not have
to build the gabion ditch at this time .
148
MINUTES OF JANUARY 22 , 1975 MEETING. -
Mr. Titus asked if Mr. Ritter has had any luck on the Fisher-
Bishop easements . Mr. Ritter said they are recorded and the only
one lacking now is the School Board 's .
On motion of Councilman Titus , seconded by Councilman Rock, the
following resolution was proposed, said resolution to supersede a
resolution adopted on December 18, 1974:
BE IT RESOLVED, that the Town Attorney is hereby directed
to (1) file a Petition for Declaratory Judgment, and (2)
to challenge the validity of the Metropolitan Regional
Water Quality Management Plan for the Dulles Area Water-
shed.
The resolution was unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay : None.
Mayor Hill offered for inclusion in these Minutes a letter from
Delegate Rollins, enclosing a letter from the Attorney General con-
cerning the veto power of the Mayor of Leesburg. It has been de-
termined that the Mayor does not have a power of veto and the Town
Charter would have to be amended. Mr. Hill said he has been one
of the hardest proponents in trying to include this in the Charter
Amendments , but he was unsuccessful. However, the will of the
Council has been expressed. The Mayor on this Council is a voting
member of Council and is not much more than a figure-head. He felt
that the citizens of the Town should know this and that, if they
have a request, they would do just as well to go to a Council member.
The Mayor, in this case, is strictly honorary- he signs documents
and acts at the will of the Council. He felt that the Mayor should
have some power on the Council other than just a voting power, and
he feels that a change in the Charter should be made.
On motion of Councilman Titus , seconded by Councilman Ridder,
the following resolutions were proposed in connection with Flood
Plain Insurance :
(1) WHEREAS, certain areas of Leesburg are subject to periodic
flooding from major streams and tributaries causing serious
damages to residential properties within these areas ; and
WHEREAS, relief is available in the form of flood insurance
as authorized by the National Flood Insurance Act of 1968
as amended; and
WHEREAS, it is the intent of this Town to comply with land
use and management criteria reulations as required in said
act ; and
WHEREAS, it is also the intent of this Town to recognize
and duly evaluate flood and/or mudslide hazards in all of-
ficial actions relating to land use in the flood plain and/
or mudslide areas having special flood and/or mudslide
hazards ; and
WHEREAS, Section 15 . 1-510 of the Uniform Code of Virginia
of 1950, as amended, authorizes this Town to adopt land use
and control measures ; 11NOW, THEREFORE, BE IT RESOLVED, that this Town hereby assures
the Federal Insurance Administration that it takes the fol-
, : lowing legislative action :
(1) Appoints the Director of Public Works with the responsi-
bility, authority and means to :
(a) Delineate or assist the Administrator , at his re-
quest, in delineating the limits of the areas having
special flood and/or mudslide hazards on available
local maps of sufficient scale to identify the loca-
tion of building sites .
149
MINUTES OF JANUARY 22 , 1975 -MEETING.
(b) Provide such information as the Administrator may
request concerning present users and occupancy of the flood
plain and/or mudslide area .
(c) Maintain for public inspection and furnishing upon
request, with respect to each area having special flood haz •
-
ards , information on elevations (in relation to mean sea
level) of the lowest floors of all new or substantially fin-
proved
structures ; and
(d) Cooperate with Federal, State , and local agencies
and private firms which undertake to study, survey, map and
identify flood plain or mudslide areas , and cooperated with
neighboring communities with respect to management of ad-
joining flood plain and/or mudslide areas in order to pre-
vent aggravation of existing hazards .
(e) Submit on the anniversary date of the community 's
initial eligibility, an annual report to the Administrator
on the progress made during the previous year within the
community in the development and implementation of flood
plain and/or mudslide area management measures .
(2) Take such other official action as may be reasonably
necessary to carry out the objectives of the program.
BE IT FURTHER RESOLVED, that this Town hereby appoints the
Director of Public Works with the overall responsibility,
authority and means to implement all commitments made herein.
(2) WHEREAS , the Town of Leesburg is subject to and is enforcing
the Virginia Uniform Statewide Building Code through the
Loudoun County Building Inspector ; and
WHEREAS, the Virginia Uniform Statewide Building Code requires
building permits before the commencement of any construction,
alterations , etc. ; and
WHEREAS, Section 873 .5 ("Flood proofing") of the Virginia
Statewide Building Code requires :
"Where a structure is located in a 100-year flood
plain, the lowest floor of all future construction
or substantial improvement to an existing structure
(the cost of which equals or exceeds 507 of the
actual cash value of the construction) , must -be
built:. at or above that level, except for non-resi-
dential structures which may be floodproofed to that
level. In the absence of data on the 100-year flood,
the local government shall require structures to be
designed to resist or overcome anticipated flood con-
ditions in riverine and coastal areas based upon his-
torical data, soil maps, flood flow, flood elevations
or other approved data sources . Listed below are the
performance requirements that must be satisfied:
(a) Either elevate structures and/or design
same to assure protection from hydrostatic or hydro-
dynamic loadings from anticipated flood levels .
(b) Design all structures to be safeguarded
from collapse and/or flotation .
(c) Provide for adequate protection of all heating
and mechanical equipment of structures subject to flood
damage .
(d) Provide protection of electrical installations •
of structures subject to flood damage as called for in
Article 15 .
(e) Provide adequate sewerage and water system
protection of structures subject to flood damage as
called for in the Plumbing Code Sections of Article 17 .
150
MINUTES OF JANUARY 22 , 1975 MEETING.
(f) All existing structures which are scheduled
to undergo major improvements, repairs and/or rehabi-
litations shall, to the maximum extent practicable,
provide floodproofing protection as described in this
section, and
WHEREAS, the Director of Public Works must examine all
plans and specifications for the proposed construction
when application is made to him prior to the issuance of
a building permit;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
Leesburg, Virginia as follows :
That the Director of Public Works, in reviewing all appli-
cations for construction in flood hazard locations within
Leesburg , shall require that any such proposed construction
must :
(a) Provide adequate drainage in order to reduce
exposure to flood hazards .
(b) Locate public utilities and facilities on the
site in such a manner as to be elevated and constructed to
minimize or eliminate flood damage, such utilities and fa-
cilities , including sewer, gas , electrical and water systems .
It is further RESOLVED, that the Director of Public Works ,
in reviewing all subdivision and site plan applications,
shall make findings of fact and determine if:
(a) All such proposed developments are consis-
tent with the need to minimize flood damage.
(b) Adequate drainage is provided so as to re-
duce exposure to flood hazards .
(c) Adequate drainage is provided so as not to
increase the exposure of flood hazards of adjacent lands .
(d) All public utilities and facilities are lo-
cated, and constructed so as to minimize or eliminate flood
damage, these utilities and facilities to include sewer,
gas , electrical and water systems .
There followed lengthy discussion as to whether the Town would be
committed Wr ything on the 100-year flood plain where a 10-year
flood leve yiett�4eer has been constructed. It was pointed out by Mr.
Forbes that this particular area in question is not in the Flood
Plain area on the SCC map, but it is shown on the HUD map, which
the Town plans to appeal. Mr. Devero said the Town has until Sep-
tember to appeal this map , however, steps will be taken in the im-
mediate future to initiate this appeal. It was explained that these
resolutions merely open the door for residents to apply for flood
plain insurance. Mayor Hill instructed Mr. Devero to determine
which map will be used and how soon residents can buy this insur-
ance. It was suggested that the Flood Plain Map be placed on the
next Public Works Committee agenda. The resolutions were then unani-
mously adopted, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and 11Mayor Hill .
Nay: None.
On motion of Councilman Titus , seconded by Councilman Ridder, the
following resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED, that Performance Bond for Southern States
Leesburg Coop. , concerning building on Catoctin Circle
and South Street and Parker Court, be released.
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
151
MINUTES OF JANUARY 22 , 1975 MEETING.
On motion of Councilman Rock, seconded by Councilman Titus,
the following resolution was proposed:
WHEREAS, a Maintenance Bond has been received on Virginia
Knolls , Section 3 , K & M Engineering Corporation, and
.WHEREAS, installation of public improvements has been
completed,
NOW, THEREFORE, BE IT RESOLVED, that Performance Bond for
Virginia Knolls, Section 3 , be released.
Mr. Chaves advised that "as built" plans have been received and
everything is in order. The resolution was then unanimously adopted,
as shown:
Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and
Mayor Hill .
Nay : None .
On motion of Councilman Bange, seconded by Councilman Ridder,
the following resolution was proposed:
BE IT RESOLVED, that cemetery and residential parking on
Cornwall Street between Wirt and Liberty Streets be set
aside in the following manner:
(a) Cemetery parking should extend from Wirt Street
to the cemetery steps , allowing four (4) spaces
for cemetery parking ;
(b) Residential parking will be allowed four (4)
spaces from cemetery steps to Liberty Street;
(c) "One-Hour Parking" signs shall remain for ceme-
tery parking, with a sign added underneath
"Cemetery Parking Only";
(d) White lines shall be marked for all vehicles and
yellow lines marked in front of the cemetery steps
forbidding parking in front of these steps.
Comments were made by Chief Kidwell in support of the above resolu-
tion. On motion of Councilman Titus, seconded by Councilman Ridder,
Council voted unanimously to delete the words "with a sign added
underneath "Cemetery Parking Only" from section (c) . The resolu-
tion, as amended, was then 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 Henry 'R. Burt of Daniel A. Robinson
& Associates is hereby employed to work with the Town
Attorney and the special committee of the Council in the
action of the Town versus the State Water Control Board
in the matter of the M/R Wastewater Plan for the Northern
Virginia Area.
It was suggested by Councilman Titus that this resolution be in the
name of the firm only. Mr. Burt was present and had the following
comments to make :
(1) His firm would anticipate working under the same terms
as its task order contract .
(2) He .would interpret this resolution to mean that he is
the lead man from his firm within Leesburg , however,
this would not preclude his staff or other members of
the firm if they are needed.
(3) There is no way of knowing how much or little effort
will be required. He expects to take direction from
the committee .
152
MINUTES OF JANUARY 22, 1975 MEETING.
It was felt, after these remarks by Mr. Burt , that the resolution
should remain as read. The resolution was then unanimously adopted,
as shown:
Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay : None .
Mayor Hill personally thanked Mr. Burt for his work in the last year
and a half.
On motion of Councilman Titus , seconded by Councilman Ridder,
the following resolution was proposed :
BE IT RESOLVED, that the Town Manager is hereby author-
ized to have the 60,000 gallon elevated water tank dis-
mantled and removed, at an approximate cost of $16,840.
Town Manager Ritter advised that a price of $5 ,000 has been quoted
by Dominion Tank & Iron for this work, this quotation to be followed
up in writing . Mr. Ritter felt, however, that this might possibly be
a winter price while they are not too busy . He also advised that
Tri-County Electric has an antenna on top of this tank. They are
aware of the fact that some change will have to be made to move
this antenna . There was discussion concerning this , with the sug-
gestion that perhaps this antenna could be mounted on the tank at
the Hospital. Mr. Ritter said he would check into this further be-
fore the Public Works Committee meeting. There being no objection,
Mayor Hill referred this matter back to the Public Works Committee.
Town Manager Ritter advised at this time that work on the Po-
tomac River Project should be ready for advertisement shortly - it
is waiting for Mr. Burt to complete negotiations with the bonding
attorney .
On motion of Councilman Ridder, seconded by Councilman Bange,
the following resolution was proposed:
BE IT RESOLVED, that the Town Manager is authorized to
sign permit from the Department of Army Corps of Engineers
for thepurpose of constructing an intake pipeline to ex-
tend no more than 150 feet channelward of the mean high
water shore line in the Potomac River.
It was explained that this permit is required by. the Army within
the navigable portion of the River - this is for the obstruction per-
mit and has nothing to do with the permit from the State of Maryland.
It is good for three (3) years, expiring on December 31, 1977 , and is
renewable . The resolution was then unanimously adopted, as shown :
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill .
Nay : None .
On motion of Councilman Rock, seconded by Councilman Bange, the
following resolution was proposed:
BE IT RESOLVED, that the Town Attorney is hereby authorized
to investigate status of alley (now not open) in Fairview
Subdivision between Wilson Avenue and Fairview Avenue.
The following substitute motion was moved by Councilman Titus and
seconded by Councilman Rock :
BE IT RESOLVED, that the Town Attorney is hereby requested
to render an opinion regarding the legal status of the
Town 's rights and the possible opening of the alley that
is platted with Fairview Subdivision and not now open be-
tween Fairview Avenue and the existing end of Wilson Avenue.
153
MINUTES OF JANUARY 22, 1975 MEETING.
After explanation and discussion, the substitute 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 Manager be authorized to
install approximately 76 feet of 36-.inch pipe and two
(2) catch basins in the storm sewer easement on the Pizza
Hut property along the east property line , which is part
of the Fisher-Bishop storm sewer, at a cost of $4 ,236 .00,
according to a bid by William A. Hazel, Inc . dated 1/10/75.
Discussion included setting a time to receive bids on the entire
Fisher-Bishop project. It was suggested that these bids be received
on February 17 , 1975 in order to be opened by the Public Works Com-
mittee at its regular meeting . The resolution was then unanimously
adopted, as shown :
Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
On motion of Councilman Ridder, seconded by Councilman Titus ,
the following resolution was proposed and unanimously adopted, as
shown:
BE IT RESOLVED, that the following appropriations be made :
$1,300.00 - Dewberry, Nealon & Davis - Storm Drainage
Design for Middle School and Easement Plat-
1971 Bond Issue .
912 .50 - Dewberry , Nealon & Davis - Revision to Design
Standards on Streets - Acct. #700.111.
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
On motion of Councilman Bange, seconded by Councilman Newman,
the following resolution was proposed:
BE IT RESOLVED, that the following appropriations be made :
$ 576 .00 - IBM Typewriter - Acct. #800 .906 .
580. 00 - Martin Riemenschneider & Murtaugh -
Acct. 77100 . 117 .
11,500.00 - Street Lighting - Acct. #700. 106 (supplemental) .
1,800.00 - Electricity , Fuel and Oil - Acct . #200.112
(supplemental) .
4,000.00 - Electricity Bill - Acct. #1300 . 104
(supplemental) .
2,000.00 - Electricity Bill - Acct. #1400 .103
(supplemental) .
525 .00 - Planholder Cabinets - Acct. #800 .905 .
150.00 - Desk - Acct. #800.906 .
164 .00 - Light Fixtures for Town Office Building (4
lights @$41 .00 each) - supplemental- General
Fund-Capital Outlay .
4,635 .00 - Leesburg Motors - 1975 Police Car - Acct.
#500 . 903 (authorized by Council on 10/23/74. )
154
MINUTES OF JANUARY 22, 1975 MEETING.
Mayor-.Hill commented on the lights that have been installed in cer-
tain offices in the Town Office Building and felt that this program
should be extended to the entire office, however, Councilman Rock
felt that this should not be done at this time, it should wait until
such time as the economy of the country becomes more stable. Coun-
cilman Titus stated that he could not vote for those appropriations
to VEPCO since they have not replaced the lighting on S. King Street
as requested by the Town sometime ago. The resolution was then
adopted by a vote of 5 to I, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Hill.
Nay : Councilman Titus .
On motion of Councilman Titus, seconded by Councilman Ridder,
the -following resolution was proposed:
WHEREAS, the Town of Leesburg, Virginia , realizes that
Congress is trying to squarely face the question of
spending control, and
WHEREAS, the Town of Leesburg realizes that Revenue
Sharing is one of the programs that does not pow require
annual review by the Appropriations Committees, and .
WHEREAS, the supporters of Revenue Sharing considered the
multi-year fading feature key because it permits State
and local governments to plan and budget for a definite
amount of revenues from year to year,
NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg
encourages the support of the Congress of the United States
for exempting Revenue Sharing from budgetary controls, and
BE IT FURTHER RESOLVED, that the Town of Leesburg hereby
expresses its support for the continuation of the Federal
Revenue Sharing Act, and
BE IT FURTHER RESOLVED, that a copy of this resolution be
forwarded to Representatives and Senators of the Commonwealth
of Virginia.
There followed lengthy discussion, with Councilman Rock stating that
he strongly opposes the exemption of portions of the Federal Budget
from budgetary control. Therefore, on motion of Councilman Rock,
seconded by Councilman Titus , Council voted unanimously to amend this
resolution by deleting the first "NOW, THEREFORE" paragraph. The last
two paragraphs would then read as follows :
NOW, THEREFORE, BE IT RESOLVED.;: that the Town of Leesburg
hereby expresses its support for the continuation of the
Federal Revenue Sharing Act, and
BE IT FURTHER RESOLVED, that a copy of this resolution be
forwarded to Representatives and Senators of` the Common-
wealth of Virginia .
After further discussion, the resolution, as amended, was unanimously
adopted, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and 11Mayor Hill.
Nay : None.
On motion of Councilman Newman, seconded by Councilman Titus,
the following Ordinance was proposed :
BE IT ORDAINED, that Section 13-A, Adoption of State Law
by Reference, of Chapter 13, Motor Vehicles and Traffic ,
of the Code of the Municipality of Leesburg, Virginia, be
and it is hereby amended to include, in addition to Chap-
ter 1 and Chapter 4 of Title 46 . 1 of the 1950 Code of
Virginia, as amended, the following chapters : Chapters
3, 3.1, 5, 8 and 10 of said Title 46 .1, and
155
MINUTES OF JANUARY 22, 1975 MEETING .
BE IT FURTHER ORDAINED, that Division 3 , Driving automobile
engine, etc. , while under the influence of whiskey, drugs,
etc . , Sections 13-53 , 13-53 . 1; 13-53 .3 , 13-54, 13-55 and
13-56 , be and the same are hereby repealed and the follow-
ing adopted in the place and stead thereof :
Sec . 13-53 . Adoption of Section 18 . 1-54 et. seq. by
Reference of the 1950 Code of Virginia,
as amended.
Article VI , Section 18 . 1-54 et . seq. of Chapter 2
of Title- 18. 1 and appropriate provisions of Title 46 . 1 of
the 1950 Code of Virginia, as amended, are hereby adopted
and made a part of Chapter 13 of the Code of the Munici-
pality of Leesburg, Virginia, as fully as though set out
herein . It shall be unlawful for any person, within the
Town, to violate, or fail, neglect or refuse to comply
with any section of the Code of Virginia as adopted by
this section .
It was explained by Chief Kidwell that the Town is not receiving fines
for charges made by Town officers on State warrants and it is felt
that the adoption of these other chapters of Title 46 . 1 will cor-
CD rect this matter. Also, the adoption of the second paragraph will
eliminate changing the Town Code to comply with new State standards
each year pertaining to "driving under the influence. " Also dis-
= ' cussed was the fact that the Town should receive a percentage from
State prisoners . Mayor Hill said that Delegate Rollins is working
on this in Legislature. After further discussion, the Ordinance
was unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay : None .
On motion of Councilman Newman, seconded by Councilman Rock,
the following Ordinance was proposed:
BE IT ORDAINED, that an Auxiliary Police Force be and it
is hereby established for the Town of Leesburg , with- the
following provisions :
(1) The Chief of Police shall appoint the auxiliary
policemen, subject to approval of the Town Manager.
(2) The number of auxiliary policemen shall not exceed
fifteen.
(3)• The auxiliary policemen shall be subject to the
rules and regulations governing the conduct of the
regular police force for the Town .
(4) The Chief of Police, or the Acting Chief of Police,
may call into service such auxiliary policemen as
may be deemed necessary (a) in time of public emer-
gency; (b) at such times as there are insufficient
numbers of regular policemen to preserve the peace,
safety or good order of the community; or (c) at
any time for the purpose of training. At all times
when performing such service , the members of the
auxiliary police force shall wear the uniform pre-
scribed by the Town.
On motion of Councilman Rock, seconded by Councilman Ridder, Para-
graph (1) was unanimously adopted to read as follows :
(1) The Town Manager shall appoint the auxiliary police-
men, with the advice and guidance of the Chief of Police.
After explanation by Councilman Rock and Chief Kidwell, and after
some discussion as to' who swears in these officers , the resolution,
as amended, was adopted by a vote of 5 to 1, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Hill
Nay : None .
Abstention : Councilman Titus
156
MINUTES OF JANUARY 22 , 1975 MEETING.
On motion of Councilman Rock, seconded by Councilman Newman,
the following resolution was proposed:
RESOLVED, that the Town Manager be, and he is hereby au-
thorized and directed to have published in the Loudoun
Times-Mirror on January 30 and February 6 , 1975 the fol-
lowing :
PUBLIC NOTICE
Notice is hereby given that a Public Hearing will be held
by the Leesburg Town Council on February 12, 1975 at 7 :30
P.M. , in the Council Chambers, 10 West Loudoun Street,
Leesburg, Virginia , to consider the renaming of Catoctin
Circle to George Marshall Street, effective January 1, 1976 .
At this hearing all persons desiring to express their views
pertinent to this change will be heard.
BY: G . Dewey Hill
Mayor
Town of Leesburg
On motion of Mayor Hill, seconded by Councilman Bane, it was pro-
posed that this Public Notice be under the name of 'James A. Rock,
Councilman . " A vote on this motion defeated it, as shown:
Aye : Mayor Hill and Councilman Bange.
Nay : Councilmen Newman, Ridder and Rock .
Abstention : Councilman Titus .
There followed considerable discussion concerning the renaming of
Catoctin Circle, with the feeling that perhaps a future street could
be named for General Marshall . It was felt that, to rename Market
Street, it would be wrong to attempt to rename a street that has so
much to do with the historic aspect of Leesburg. A vote on the above
resolution was 4 to 2, as shown:
Aye : Councilmen Bange, Newman, Rock and Titus .
Nay: Mayor Hill and Councilman Ridder.
On motion of Councilman Titus , seconded by Councilman Newman,
the following resolution was proposed and unanimously adopted, as
shown, after considerable discussion :
WHEREAS, the Town of Leesburg has asked the Court to allow
the Town to retain a total of $11,050.62 to cover certain
debts owed the Town by the debtor, C & M Construction Com-
pany, for Huntland Homes , Section 1, and
WHEREAS, the firm of Hall, Monahan, Engle, Mahan & Mitchell,
on behalf of their clients, is offering to settle out of
Court and offers to settle as outlined below in the letter
dated January 7 , 1975 from Woodrow W. Turner, Jr. :
1 . Agree that $539.37 for repairs may be retained by the
Town.
2 . Disagree that $5 ,427 .19 for paving may be retained by
the Town. As I understand the facts, there is no basis
for withholding this amount and there is no agreement
between C & M and the Town that the funds be retained
for paving . However, in the spirit of compromise and
settlement, I would agree that the Town may withhold
half of this amount, i. e. $2, 712.10 .
3. Agree that $289.16 for 1973 taxes and interest may be
retained by the Town .
4. Do not agree that the 1974 personal property or real
property taxes may be retained. These amounts were not
v n.r
1 .5
MINUTES OF JANUARY 22 , 1975 MEETING.
due and owing until December 5 , 1974, which was after
garnishment action. As such, they may not properly
be claimed as an offset . See 6AM Jr. 2d, Attachment
& Garnishment, &373 . Thus , the Town would not be able
to retain $ 125 .00 for 1974 personal property taxes ,
or $1,342 . 90 for 1974 real estate taxes .
I should point out, however, that the Town, un-
doubtedly will be able to collect these taxes since
it presently has , or should have a lien on the real
property .
5 . Agree that $188.00 in utility bills may be retained
as an offset.
6 . Do not agree that a maintenance bond in the amount of
$1,667 .00 may be retained. There is no legal basis,
as I understand the facts , to authorize the Town to
withhold this amount . It would not be a matured claim
against C & M, but I believe such a bond properly could
be required of C & M 's successor in interest . However,
in the spirit of compromise, I would agree that the
Town may withhold one-half of this amount , i.e. $833 .50.
7 . Disagree that any attorneys ' fees are authorized in a
garnishment proceeding . However, in the spirit of com-
promise and settlement, I would agree, that the Town
may retain an amount evidencing the actual attorneys '
fees incurred, up to $350.00.
8. Disagree that $100.00 for clean up fees may legally be
retained, but In the spirit of compromise, will not ob-
ject to this item; and
WHEREAS, in summary , the firm of Hall , Monahan, Engle , Mahan
& Mitchell is offering to settle for $6 388.49, less the
Town attorneys ' fees , leaving the Town $4 ,66213 , plus its
attorneys ' fees up to $350.00 ; and
WHEREAS , the Town of Leesburg does agree to certain items
above and takes exception to other items outlined above as
follows , in corresponding relation to above numbers :
1 . Agrees with the amount of $539. 37 to be retained by
the Town.
2 . Agrees with the amount of $2 ,712 . 10 to be held by the
Town in escrow for any future. Homeowners ' Association.
3. Agrees with the amount of $289. 16 to be retained by the
Town .
4. Takes exception to and feels that the Town would retain
$125 .00 for 1974 Personal Property Taxes and $1,342 . 94
for 1974 Real Estate Taxes .
5 . Agrees that $188.00 be retained by the Town.
6 . Agrees that the Town may withhold one-half of $1,667 .00
for Maintenance Bon4 or $833 .50.
7 . Takes exception to, for the reason the Town has asked
the Court for $1,500.00 for legal fees , which encom-
passes not only the attorneys ' fees , but fees for ease-
ments establishingsurvey, recording fees and "as
builtplans on utilities .
8 . Agrees that $100.00 for clean up fees be retained by the
Town.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg
feels the difference for settlement purposes would be $7 ,630.03,
retained by the Town, and $3 ,420. 59 retained by the firm of
Hall, Monahan , Engle , Mahan & Mitchell.
158
MINUTES OF JANUARY 22 , 1975 MEETING .
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 the Leesburg Airport Advisory Committee
is hereby authorized $ 1,000 for engineering consultation re-
garding proposed and prospecteimprovements at the Leesburg
Airport.
After explanation by Councilman Rock, 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 the Town Manager is hereby directed to
appoint one member of the Administrative Staff to provide
the Airport Advisory Committee such administrative support
and liason as may be necessary to its proper functioning,
and to attend the regular meetings of the Committee.
After explanation and some little discussion, with particular attention
to monetary compensation for such a member, the resolution was unani-
mously 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 and unanimously adopted, as
shown:
WHEREAS, on November 27 , 1974, the Council did formally
adopt the Rules and Regulations for the Management, Govern-
ment and the Use of the Leesburg Municipal Airport, and did
formally direct the Leesburg Airport Advisory Committee to
implement and oversee said Rules and Regulations ;
NOW, THEREFORE, BE IT RESOLVED, that the Leesburg Airport
Advisory Committee will hereby meet in regular open session
on the first Monday of each month at 7 :30 P.M. in the Town
Office and shall establish such rules of procedure as shall
be adopted by a majority of the Committee .
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
On motion of Councilman Ridder, seconded by Councilman Rock,
Council voted unanimously to go into executive session to discuss
legal matters and land acquisition at 10 :05 P.M.
Council reconvened at 11 :08 P.M. , with Councilman Titus as-
suming
the Chair as Mayor Pro-Tem in the absence of Mayor Hill.
On motion of Councilman Rock, seconded by Councilman Ridder,
the following resolution was proposed: .
WHEREAS, by resolution adopted June 26, 1974, Transamerican
Airports , Inc . was required to submit to the Leesburg Airport
Advisory Committee plans and specifications for a T-hangar
located at Leesburg Municipal Airport within 90 days after
adoption of said resolution ; and
159
MINUTES OF JANUARY 22, 1975 MEETING.
WHEREAS, by resolution adopted September 25, 1974, Trans-
american Airports, Inc . was granted an extension for the
submission of design plans and specifications for said
T-hangar to October 22 , 1974, provided, however, that
construction of said T-hangar shall be commenced not later
than six (6) months from June 26, 1974, which date was not
extended by said resolution; and
WHEREAS, Transamerican Airports, Inc. was advised by letter
dated September 30, 1974 from C . Ronald Lowry , Chairman of
said Airport Advisory Committee , of such matters so as to
assist it in completion of design plans and specifications
as required by said resolution of September 25 , 1974, which
letter was sent pursuant to resolution adopted October 1,
1974; and
WHEREAS, Transamerican Airports , Inc . did not comply with
said resolution adopted September 25, 1974, which non-com-
pliance was acknowledged by resolution adopted October 23 ,
1974, which resolution reaffirmed the requirements of said
resolutions adopted June 26 , 1974 and September 25, 1974
concerning commencement of construction of said T-hangar; and
WHEREAS, construction of said T-hangar has not been commenced
as required by said resolution adopted June 26, 1974 ; and
WHEREAS, Transamerican Airports, Inc . did belatedly submit
certain drawings dated December 22 , 1974 under letter dated
December 30, 1974, which letter modifies said drawings in
certain respects ; 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 into this resolution;
NOW, THEREFORE, BE IT RESOLVED, that the drawings and accom-
panying letter concerning the proposed T-hangar heretofore
submitted to the Airport Advisory Committee by Transamerican
Airports, Inc . do not comply with requirements set forth in
the aforementioned letter dated September 30, 1974, in the
following :
(1) Site plan submitted lacks utilities specifications ,
(2) No architectural plan submitted,
(3) No structural plan submitted,
(4) No electrical plan submitted; and
BE IT FURTHER RESOLVED, that TransamericaiAirports, Inc .
shall forthwith submit to the Airport Advisory Committee
such design plans and specifications required by the afore-
said resolutions of June 26, 1974 and September 25 , 1974, as
more particularly set forth in the aforesaid letter of Sep-
tember 30, 1974; and
BE IT FURTHER RESOLVED, that it is acknowledged that con-
struction of said T-hangar was not commenced within six (6)
months from June 26, 1974, as required by resolution of such
and: reaffirmed by resolution adopted September 25, 1974 ; and
BE IT FURTHER RESOLVED, that construction of said T-hangar
shall be completed before June 26 , 1975 (within one year from
adoption of said resolution of June 26 , 1974) , as required
by said resolution of June 26 , 1974, and, in no event, shall
said completion date be extended.
This resolution was explained by Councilman Rock and discussed at
length by Council, with the feeling being that this should be re-
ferred back to the Airport Advisory Committee, to meet with the
Town Attorney . The resolution was then defeated, as shown :
160
MINUTES OF JANUARY 22, 1975 MEETING.
Aye : Councilman Rock.
Nay: Councilmen Bange, Newman, Ridder and Mayor Pro-Tem •
Titus .
On motion of Councilman Rock, seconded by Councilman Ridder,
the following resolution was proposed and unanimously adopted, as
shown:
WHEREAS, Thomas I. Blankenship, member of the Leesburg
Airport Advisory Committee, finds it necessary to resign
from said Committee ,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Coun-
cilmen of the Town of Leesburg wish to express their
thanks to Mr . Blankenship for a job well done.
Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor
Pro-Tem Titus .
Nay : None .
On motion of Councilman Bange, seconded by Councilman Rock, the
following resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED, by the Town Council of the Town of Leesburg,
that the Mayor is authorized to sign a Contract of Sale with .
King Street Properties for the purchase of approximately
6,285 square feet at $6 .00 per square foot, being the wes-
tern portion of the former Fannie Davis property fronting
on King Street and West Market Street, and
BE IT FURTHER RESOLVED, that $1,000 .00 is hereby appropriated
to 0. Leland Mahan, as Escrow Agent, to represent the deposit
on said Contract.
Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem
Titus .
Nay: None .
On motion of Councilman Newman, seconded by Councilman Bange,
Council voted unanimously to go into executive session at 11 :27 P.M.
to discuss legal matters and personnel.
Council reconvened at 12:16 A.M. on January 23, 1975, with no
action being taken. On motion of Councilman Bange, seconded by
Councilman Ridder, the meeting was adjourned at 12 :17 A.M. It was .
announced that the Finance Committee will hold its meeting on Febru-
ary 5th, and the Public Works Committee on February 3rd.
May. •
•
ZAZJ
Clerk of t. Council
' S
Lam ,` COMMONWEALTH OF VIRGINIA
• MS"'
\ {'"-M' -- ' HOUSE OF DELEGATES
RICHMOND
KENNETH B.ROLLINS
P.G.BOX•BS January 16, 1975 • T W;V;'OOLHGIST DISTRICT
LEESBURG.VIRGINIA 22075 -
PRINCE WILLIAM
COMMITTEE ASSIGNMENTS;
GENERAL LAWS
AGRICULTURE
LABOR AND COMMERCE
MILITIA ANO POLICE
1722
The Honorable G. Dewey Hill
Mayor, Town of Leesburg
7 South Wirt Street, Room 106
Leesburg, Virginia 22075
Dear Dewey:
Sometime ago I requested an official opinion from the a
Attorney General ' s Office of Virginia as to whether or not
the mayor of the town of Leesburg has the power of veto.
In the event his opinion was in the negative, I requested 4
an additional opinion as to whether or not the mayor of
Leesburg could have the power of veto by an amendment to
the town' s charter. -. -
I ameenclosing a copy of the Attorney General ' s opinion
for your 'information and use.
With warm personal regards,
Kenn tllins - .
KBR/km
Enclosure .
a -
•
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CI
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)y1F 1
tpe
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H,M-\oL WILLIAM P BAGWELL.JR.
A R.WOODROOF
I' .II WALTER M.RYLAND
I . - JAMES E.KULP
S HENRY M.MAS .
Y, �� hj STUARH. U.FISHERN
LLYY'E STUARTT K.C.S
ANDREW P. MILLER � mit ® 'T RICHARD K.C.SUTHERLAND
)1 S JOHN W.CREWS
ATTORNEY GENERAL KIa'[A 1'.N'. O.PATRICK LACY.JR.
C,-. HPpto.J'A .Y. ROBERT E.BHEPHERO.JR
M. HARRIS PARKER +.pqr-.{-. GUBERT W.MAITM
BURNETT MILLER.
CHM,' DEPUTY ATTORNEY GENERAL DAVID T.WALKER
WALTER A.MARSTON.JR.
RENO S. HARP. m OFFICE OF THE ATTORNEY GENERAL KATH°ERNE WELLS.
WILBURN C.DUELING.JR.
GERALD L. BALILES SUPREME COURT BUILDING KAREN C.KINCANNON
CHARLES K.TRIBLE
ANTHONY F. TROY 1101 EAST BROAD STREET GiLmAN P.ROBERTS,JR.
J.THOMASTEGER
JOHN SF.H L.JR-
WALTER A. MCFARLANE RICHMOND, VIRGINIA 23219 JOHN
EALL.JR CK.JR.
STACY F.GARRETT.DT
°ERR" ATTORNEYS GENERAL 0.s - 770- 2071 JOSEPH
DMMOORE N,ID
JAMES E.RYAN.JR.
January 13 ; 19.75 JOHN B.PURE".JR.
FRANCIS A.CHERRY,JR.
W.THOMAS HUDSON
JAMES W.HOPPER
PAUL L.GERGOUDIS
WALTER L.PENN.'S]
WILLIAM B.LISSNER
MICHAEL M.WEISE
M.STUART BATEMAN
ALAN KATZ
The Honorable Kenneth B. Rollins- JIM `MINE W.SOVTHALL.,R-
LAI NCIH
MARY YANCEY SPENCER
Member,. House of Delegates
State Capitol
Richmond,. Virginia 23219 -
My dear Mr. Rollins :
This is in reply to your- recent letter in which .you
requested my opinion whether .the Mayor of the Town of Leesburg
has the .power ofveto and, if not,. .whether this power. can
be conferred upon him by an amendment tothe .town charter.
While . Section 123 of the .Constitution of. Virginia -(1902)
was found by the Virginia Supreme Court in' Gill• v. Nickels,.
197. Va. 123 ' (1955) , to give the power of. veto to' mayors of
towns , most of this section was deleted in the 1971 Con-
stitution of. Virginia. This section, as presently written,
does not: give mayors of towns the power .to. veto ordinances of
councils.- We must,. ther'efore ,.• look .to any enabling provision
in the statutes or in the charter of the Town of Leesburg.
Id. at .124..
' While § 15. 1-817 ; Code of. Virginia (1950)-, as amended,
specifically sets out'.the veto power. for mayors of cities, .
no such general power is provided for mayors of towns.
Section 3-3 'of the charter of the' Town of Leesburg, adopted
as Chapter: 433 'of the 1962 Acts of Assembly, provided that
the mayor shall have no power of. veto. This section was
amended by Chapter' 81 of the -1971 Acts of Assembly by de-
leting the language "and shall have no power of veto. "
The amendment -still left the mayor without any grant ofveto
under the town charter.
I am of the opinion that there is presently no power
of. veto in the Mayor of .the .Town of Leesburg. . Under the
authority. of. Article VII.,. Section 2 , of the Virginia Consti-
tution (1971) , the General. Assembly may provide , by special
The Honorable Kenneth B.: Rollins
January. l3-; 1975
Page 2 .
act, for the organization, government and powers of a town.
Pierce -•v.' Dennis ,. _205 Va.: 478 (1964).. I am of the opinion
that the veto power of the' mayor may. be granted by amending.
the town charter of Leesburg..
With kindest regards, I remain
Sincerely yours,
attLese
Andrew P. Miller
2.:56524 . Attorney General