Loading...
HomeMy Public PortalAbout1975_04_23 . 2 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 23, . 1975. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on April 23, 1975 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman Newman offering the prayer, and followed by the Salute to the Flag. Present were : Mayor G. Dewey Hill, Coun- cilmen Charles E. Bange, Mary Anne Newman, Robert A. Orr, Herbert L. Ridder, James A. Rock and C. Terry Titus ; also Acting Town Manager E. Wesley Devero and Town Attorney George M. Martin. • Mr. Winslow Randolph, speaking on behalf of the Loudoun County A Bicentennial Committee presented brochures to Council members and read the purposes of the ' Bicentennial Committee. He explained that the Committee has chosen the theme "August Court Days" as a meaning- ful way to celebrate the ::Bicentennial, particularly in view of the fact that the signing of the Declaration of Independence took place on August 12, 1776. It is planned to re-enact "August Court Days" on August 13th and 14th in 1976 , this to take place on the Court House grounds. They will also need certain streets blocked off for the display of historical items and for local County merchants to sell their wares. They would need to use Market Street between Wirt and Church Streets and King Street between Cornwall and Loudoun Streets. He requested that these streets be blocked off from August 12th through August 15th - the 12th to be used for setting up dis- plays, etc. and the 15th for a final clean-up. lie presented an organizational overview and high-lighted the following items to be considered in connection with this program. These included the need for the Police and Fire Departments ; the legal aspect to make sure they are within the laws of the Town, County and State ; an insurance committee to see what insurance must be carried for the protection of the people and the Town ; sanitation (the use of portable toilets) ; the coordination of activities with the downtown merchants ; parking (the possible use of the Leesburg Middle School and/or the Loudoun County High School, with busses to transport people from these areas) ; a committee to tie in with the Town coordination and Town clean-up. They already have tentative approval to use the Court House grounds and have made presentations to several groups and will be making others to the Board of Supervisors and other Towns and IBicentennial groups. Mr. Ben Lawrence stressed the fact that this will be the County Com- mittee ' s presentation for the - Bicentennial, although there will be other programs by other local committees. Their main purpose here to- night is to secure the Town ' s indulgence in their program. On motion of Councilman Rock, seconded by Councilman Orr, the following resolu- tion was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the Town Council expresses its tentative approval of the "August Court Days" program planned by the Loudoun County Bicentennial Committee, with the Town offer- ing its full cooperation, and BE IT FURTHER RESOLVED, that necessary insurance shall be furnished after consultation between the Committee and the Town. Aye : Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay : None . Mr. Thomas Jewell of Jewell Trucking Company advised Council of problems they have been experiencing with Valley Sanitation Service, to whom they rented a building on their property here in Leesburg, and who is the Town 's trash contractor. He felt that Council should know that these people are not paying their rent, they are at this r time $700 in arrears , and they have not made any improvements to the building as had been promised when the building was leased to them. Also, recently one of their trucks rammed into one of Jewell ' s buildings. He asked Council if they would be willing to talk with the owners of Valley Sanitation to see if this problem might not be ironed out. This was discussed and it was felt that Mr. Crisman, Mr. Foltz and Mr. Smith should attend the next Public Works Committee meeting, along with Mr. Jewell, and see what might be done about this problem. It was also suggested that the tape from the May 22, 1974 meeting of Council be transcribed for this meeting. MINUTES OF APRIL 23 , 1975 MEETING . the Mr. Frank Raflo, appeared- on behalf of/Loudoun County Board of Supervisors and on behalf of a number of citizens in the Town who have shown interest and concern about the total recreational facili- ties in Loudoun County. He related a brief history of recreation in Loudoun from its beginnings in the early 1950 ' s . Other areas in the County do have recreational facilities , with Leesburg offering practically nothing . He presented figures tentativehy proposed for the Capital Improvements Program in the Budget, this including $25 ,000 toward a Community Center in Leesburg. It has been suggested 1 that the old Douglass High School, now the Leesburg Middle School, • be used for recreational purposes when it is no longer needed by the School system. He asked Council to give its support to the use of this school, should it become available , and that someone from Coun- cil be present at the Budget hearing to support the appropriation of $25 ,000 for recreational purposes for Leesburg. Mayor Hill said a resolution proposing the use of the school property is being sent to both Committees for consideration. He also expressed the hope that Council can become involved in this program. Mrs. Mary Ann Cubbison, a resident of Country Club Apartments, complained of sand in the water for about the last five months . She said it is so bad that they cannot use the dishwasher, nor one of the toilets . Councilman Titus said a letter from Mr. Eggborn of the Health Department suggested several remedial steps and these have not solved the problem. Mr. Chaves said one of these suggestions was to flush the lines . A recent fire in the apartment complex did this . It was pointed out that this line is within the easement the Town owns. Mayor Hill assured Mrs . Cubbison that Council is con- cerned with this problem and it will take steps to straighten out the problem. Mrs . Clara Craft and Mr. Murray Sheer, of Village Square Antiques and Flea Market spoke to Council concerning the show proposed for Lees- burg on June 1, 1975 and October 5 , 1975 . They met with Chief Kid- well this past week and explained just how these shows are set up and that the method of parking and roping off of the parking meters would be done in order to eliminate the hazard of people backing into the street. There would also be signs posted in strategic locations directing people to parking areas and cross-walks . They felt that this would eliminate the traffic hazard feared by Chief Kidwell and he was in agreement with this method. Mr. Sheer pointed out that it is proposed to have a table set up by the log cabin, with someone there to give a history of it and to collect donations toward its restoration. It was suggested that the log cabin be decorated so that it would be seen; also, information on the Walking Tour of Leesburg would be distributed. Councilman Ridder suggested that perhaps the Town Parking Lot could be used in lieu of the streets, but this was not considered acceptable. Mayor Hill asked how much this might net the Restoration Society. It was explained that this is based on 10 per cent of the dealers ' fees and it is hoped that there will be 30 dealers or more, so it will really not net the Res- toration Society that much. However, Mr. , Sheer pointed out that it does not net very much the first year, but it is hoped to expand it over the years, which would then net more for everybody concerned. On motion of Councilman Bange, seconded by Councilman Orr, it was proposed to reconsider this show and send it back to Committee for further study. However, it was felt that waiting until the May 14th meeting did not give enough time for organization of the show. The question of insurance was discussed and Mr. Sheer advised that proof of $300,000 and $500,000 can be secured within a week. Councilman Bange also asked if: this might not be opening up a "Pandora ' s Box" for others. Mayor Hill was inclined to go along with this show to 111 see how it works out on a trial basis . Mr. Bange also felt that this sets a precedent for the local merchants to hold sidewalk sales, but it was pointed out that Council has the power to say "Yes" or "No" on this . Mayor Hill said it is being held on a Sunday and on the side of the street where there are parking meters and where we can control traffic . The original motion was withdrawn by the makers and the following resolution was proposed by Councilman Bange, and seconded by Councilman Orr: WHEREAS, a request has been received from Village Scuare Antiques & Flea Market to hold antique shows on Sunday, June 1, 1975 , and Sunday, October 5 , 1975 , on the streets 4 MINUTES OF APRIL 23 , 1975 MEETING. -• of Downtown Leesburg, these shows to be sponsored by the Loudoun Restoration and Preservation Society, Inc . , and WHEREAS, ten percent of the rental fees derived from said antique shows will be given to the Loudoun Restoration and Preservation Society, Inc . , NOW, THEREFORE, BE IT RESOLVED, that Village Square Antiques & Flea Market is hereby granted permission to hold such an- tique shows on Sunday, June 1, 1975 , and Sunday, October 5 , 1975 , in the following locations : King Street, west side , from Loudoun Street to Cornwall Street ; Loudoun Street, north side, from Wirt Street to Church Street ; Market Street, south side, from King Street to Theater; Upper part of Parking Lot surrounding the Log Cabin, and BE IT FURTHER RESOLVED, that Village Square Antiques & Flea Market shall show proof of liability coverage in the amount of $500 ,000.00, with the Town of Leesburg named as addi- tional insured, said endorsement to be provided to the Town one week prior to the shows, and BE IT FURTHER RESOLVED, that the vendors ' license shall be waived for all exhibitors for these dates . The resolution was then adopted by a vote of 6 to 1, as shown : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Hill. Nay : Councilman Titus . Acting Town Manager Devero reported on the following items : (1) He has asked the Mayor to call a Special Meeting for 4 :00 P.M. , Monday, April 28th to let bids on the Route 15 Water Trans- mission Main. Bids will be received on Friday. . and will be re- viewed byX Ja{�h_nss��o_n and Williams and Town staff members from 2 :00 until 4:9�,`' tnit`Hypresentation to the Council at 4:00. (2) A resolution is proposed on the Agenda for the advertisement of bids on two well sites by Johnson and Williams. A survey is being made of the Hakim site and once this is received, it will be brought before Council. (3) A copy of the bids received on the booster station are at- tached to the Agenda. (4) A notice of public hearing to be held by the Electricity Costs Commission on April 28th at 10 :00 A.M. in Richmond is attached to the Agenda. The Commission is anxious to hear the views of the public. (5) He attended a meeting with Sgt. Hunt today concerning the Division of Justice and Crime Preention. They have notified the Northern Virginia Planning District that a regional criminal justice plan will be due to the Division on June 30, 1975 . He will report further on this to the Finance Committee. It has to do with alloca- tions , regional programs and local shares . Councilman Titus had the following remarks : (1) Is there some reason that there is not a resolution on the Agenda concerning Exeter Hills? Mr. Devero said the change has not been received. (2) He asked if anyone has looked into whether or not the license fee on trailer parks is legal. Town Attorney Martin did not think this is a license tax, it is a regulatory fee. Mr. Timberlake said it will be due July 1st. (3) He felt that an editorial in the paper is a distinct attack on the Leesburg Police Department and he thought this was shameful. He said he would be glad when the By-Pass is finished too, so people like this person would be out of Leesburg. 5 MINUTES OF APRIL 23 , 1975 MEETING. (4) He was confused as to the outcome of the meeting with the Planning Commission on the Comprehensive Plan. There was consider- able discussion on this problem, with Mr. Forbes explaining that it is possible to take the proposed Ordinance and make certain amendments, so it can be adopted insofar as framework is concerned, however, the matter of changing the map is another problem. He assured Council that both Ordinances would be on the next Planning Commission Agenda for discussion. He said a complete analysis will have to be made to know just how much is needed. Councilman Bange had the following items : (1) There is a bus belonging to the Loudoun Baptist Temple parked beside 105 Madison Court and the owner would like to have it removed from this location. (2) There is a large hole on Wirt Street just north of the School Board Annex that needs patching. (3) One of the downtown merchants reported to him this morning that neither King Street nor Market Street have been swept for two weeks or more. Mr. Chaves said the sweeper was broken down and was repaired today. Mayor Hill said Mr. C. Stanley Reed has resigned from the Plan- ning Commission, effective last night. Mr. Cross has also resigned and the Commission has recommended Mrs. Katherine Curry. However, Council decided it would be best to wait until next meeting when both members could be appointed at the same time. On motion of Councilman Ridder, seconded by Councilman Rock, the following resolution was proposed: WHEREAS , the Town is in receipt of a letter from Richard T. Embrey, requesting a waiver of the requirements of Section 20-22 of the Town Code since there is no curb, gutter and sidewalk on the presently dedicated area of Valley View Avenue, and WHEREAS, Mr. Embrey has committed himself in said letter to install, at his expense, curb, gutter and sidewalk in front of a lot owned by him on Valley View Avenue and to pay for one-half of the pavement when the street is de- veloped, NOW, THEREFORE, BE IT RESOLVED, that the Town will grant permission to Mr. Embrey to build an entrance to his lot off of Valley View Avenue, provided that he builds an all-weather surface road connecting the existing pavement to the entrance to his lot , and BE IT FURTHER RESOLVED, that the Town accepts his commit- ment to pay for the installation of curb, gutter and side- walk and one-half of the street pavement at a later date when the street is developed. It was noted by Mr. Chaves that Crestwood Hamlet plans to put up a permanent barricade at the end of Valley View Avenue when they have completed work in the area. However, it was pointed out that the Master Plan provides that this should be a "through" street in the future. The resolution was then adopted by a vote of 6 to 1, as shown : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Hill. Nay : None . Abstention: Councilman Titus . A proposed resolution concerning the Metropolitan/Regional Water Quality Management Plan compromise by the State Water Control Board was explained in detail by Mr. Harry Burt, who recommended its adoption. On motion of Councilman Titus , seconded by Councilman Orr, the following resolution was proposed: 6 MINUTES OF APRIL 23 , 1975 MEETING, WHEREAS, Northern Virginia Planning District Commission has approved a Metropolitan/Regional Water Quality Management Plan for an area of northern Fairfax County and eastern Loudoun County known as Study Area I by its resolution 75-24 of January 30, 1975 , and WHEREAS, the M/R Plan approved by aforesaid Commission now must be acted upon by the governing bodies of the localities in accordance with the procedures of the Area Development Act contained in Section 15 . 1-1406 , the Virginia Codes , as a- mended, and WHEREAS, the Town of Leesburg agrees in principal with the Water Quality Management Plan proposed for Study Area I by the Northern Virginia Planning District Commission, and WHEREAS, the Town is opposed to the Metropolitan/Regional Water Quality Plan adopted by the State Water Control Board, and has filed suit to set it aside , and WHEREAS, the Town is similarly opposed to the Dulles Area Watershed Policy adopted by the State Water Control Board, and WHEREAS, representatives of the Town have entered into ne- gotiations with State Water Control Board, as directed by the Council Committee charged with prosecution of the suit, and WHEREAS, the third track approach contained in State Water Control Board Memorandum, subject: Supplement to the "Dual Track" Approach to Solve the Short and Long-Term Wastewater Treatment Crisis in the Dulles Area Watershed (Study Area I) , from R. E. Bowles to Board Members, dated March 24, 1975, is the outcome of the negotiations to date ; NOW, THEREFORE. BE IT RESOLVED: ' That Leesburg adopts the M/R Plan as presented in NVPDC reso- lution 75-24, and further That the third track approach of the SWCB memorandum is gene- rally satisfactory to Leesburg and is proposed as a basis for revision of both NVPDC and SWCB M/R Plans , and further That Leesburg is not bound by the specific wording of the afore- mentioned SWCB memorandum, or the preceding negotiations , pend- ing formal revision of the M/R Plan and Watershed Policy, and further That Leesburg affirms by this resolution a commitment to a long-range regional sewerage problem solution and urges the other localities to do likewise by adoption, through the in- stitution of the NVPDC, of the third track as a basis for the M/R Plan, and further That Leesburg intends to withdraw its suit only after the NVPDC so acts, and the M/R Plan and the Watershed Policy are revised by SWCB to the satisfaction of the Town. After ,some little discussion, the resolution was unanimously, adopted, as shown: 1 Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None. Councilman Rock and Mayor Hill both commended Mr. Burt and the others who served on this committee for their work in this matter. It was suggested that copies of this resolution be sent to Mr. James Ryan, Assistant Attorney General ; Mr. Kirsch of the State Water Control Board; NVPDC; Fairfax County ; Town of Herndon; County of Loudoun and the Loudoun County Sanitation Authority, with particular note to the next to last paragraph and that "We would appreciate your support." MINUTES OF APRIL 23, 1975 MEETING. Mr. Burt requested that he be permitted to work with Johnson and Williams on the working up of figures on alternatives to the proposed water filtration plant at the Potomac River, this being agreeable to Council. On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the firm of Johnson and Williams be engaged to investigate alternatives to the present plans for the proposed water filtration plait at the Potomac , with no further monetary commitment from the Town at the present time, and BE IT FURTHER RESOLVED, that the Town staff will cooperate with the firm of Johnson and Williams to provide needed in- formation for the investigation of these alternatives. Mr. Hawthorne said that as the Town ' s engineers, they recognize that there is still a lack of a long-range solution for water supply needs. At the same time, they feel that the Potomac River is still the most viable solution for a long-term supply, They plan to look at the possibility of a new concept in a water plant at the Potomac River site (a smaller capacity plant) , and one that will be in tune with the Town 's financial capabilities to support it. This study will be done at no fee to the Town. Councilman Titus felt that the Town must consider other alternatives that have been suggested, even though he still feels that the Potomac River is the best solution. Mr. Burt said he would work with Johnson and Williams on this. The resolution was then unanimously adopted, as shown : Aye: Councilmen Bange , Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay: None. Councilman Orr left the meeting at this time . There was considerable discussion concerning work proposed to be done by Johnson and Williams on the Phillips-Nickels, Paxton and Myers Wells. On motion of Councilman Rock, seconded by Councilman Titus( the following resolution was proposed: • BE IT RESOLVED, that the Town does hereby accept a proposal `c dated April 23, 1975 from the firm of Johnson and Williams for the automation and/or improvement of the pumping facili- ties at the Phillips-Nickels , Myers and Paxton Wells. Mr. Hawthorne said it would probably take about four weeks to get this proposal. The resolution 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 Rock, the following resolution was proposed: BE IT RESOLVED, that the firm of Johnson and Williams be authorized to proceed to investigate alternate power sources for the wells, in accordance with their proposal dated April 23, 1975 , at a cost not to exceed $1,700.00. After discussion, this resolution was 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: 8 MINUTES OF APRIL 23, 1975 MEETING. - BE IT RESOLVED, that the firm of Johnson and Williams be authorized to proceed with the advertising for bids for the drilling and testing of wells at locations selected by the.-Town. Mr. Devero reported that a survey has been made on the Hakim Associ- ates site and Mr. Tyler has been notified to make an appraisal of this property. As to the Andover Meadows site, Mr. Eggborn was here from the Health Department to investigate our water system and he had questions about this site. Mr. Chaves explained the objections raised by Mr. Eggborn to the Andover site and there followed very lengthy discussion on this site, with Mr. Hawthorne participating in the dis- cussion. All things considered, it was felt that no action should be taken on this resolution at this time and, on motion of Councilman Titus , seconded by Councilman Ridder, Council voted unanimously, as shown, to table this resolution and bring it back to the next Council meeting: Aye : Councilmen Newman, Ridder, Rock, Titus and Mayor Hill. (Councilman Bange was out of the room at the time of the vote) . Nay : None. Councilman Titus asked that Mr. Chaves and/or Mr. Devero get to- gether with Mr. Hawthorne concerning the sandy water problem at Country Club Apartments. Mr. Hawthorne said some work has already been done but they will investigate further to see what can be done to get this cleared up. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, a request from Central Loudoun Little League has been made for waiver of license to hold a carnival during the week of May 5 through May 10 , NOW, THEREFORE, BE IT RESOLVED, that a wavier of license be granted to Central Loudoun Little League to hold a carnival during the week of May 5 through May 10, 1975. 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 Council of the Town of Lees- burg does hereby adopt an amendment tothe Council Proce- dures of December 9, 1963 by deleting Rule 10 therein and adopting the following: RULE 10 Except in the case of zoning and subdivision ordinances or as required by the State Code of Virginia, the following procedure shall be followed by the municipal council in adopting ordinances of the municipality : (a) Any ordinance may be introduced by any member of the council at any regular meeting of the council or at any special meeting when the subject thereof has been included in the notice for such special meeting or has been approved by a two-thirds vote of all members of the council present • at such special meeting. Upon introduction, the ordinance shall receive its first reading, verbatim, unless waived by a two-thirds vote of those council members present, and shall be referred to the appropriate committee. Provided a majority of members present concur, the council shall set a place , time and date, which shall be not less than fifteen calendar days after such introduction, for a pub- lic hearing thereon. A copy of the proposed ordinance shall be delivered to each member of the council prior to its introduction. The respective committee , in consulta- 9 MINUTES OF APRIL 23 , 1975 MEETING. tion with the Town Attorney , shall determine that the pro- posed ordinance will achieve at least the result desired. Such committee shall put such ordinance in the form to achieve the result desired and be responsible for the pub- lic advertisement of such proposed ordinance prior to the hearing date . (b) The public hearing may be held at a regular or special meeting of the council and may be continued from time to time . The municipal clerk shall publish in a newspaper of I/ general circulation a notice containing the date , time and place of the hearing and the title and subject matter of the proposed ordinance as directed by the respective committee of the council. On direction of the council, the clerk shall also publish the full te*t 'of the proposed ordinance , which shall be available to citizens of the mu- nicipality. The proposed ordinance shall be read' a second time at the opening of the public hearing unless such ver- batim reading is waived by majority vote of those members present at such meeting . If such verbatim reading is waived, the clerk shall read the title of the ordinance and state the subject matter of the ordinance. (c) A proposed ordinance, unless it be an emergency ordi- nance, may finally be passed upon completion of the public hearing . Prior to final passage of the ordinance, it shall be read by title unless amendments , additions and/or de- letions have been made subsequent to the int(,::duction, in which case the said amendments or additions or deletions shall be read in full prior to enactment. (d) Amendments or additions to a proposed ordinance may be made at any time after its introduction and during its consideration. Publication of an amendment shall not be required, except that , if said amendments or additions in- troduce an entirely new subject matter or radically change the overall purpose of the original ordinance, they shall be introduced and treated as a new ordinance. A majority vote of the council shall determine whether an amendment, addition or deletion to such new ordinance radically changes its overall purpose. (e) If , in the opinion of the council, an emergency ex- ists , an ordinance pertinent to the emergency may be passed with or without amendment at the same meeting at which it is introduced and no publication, hearing or specific time interval between introduction and passage shall be necessary. An emergency ordinance must contain a specific statement of the emergency upon which it is based, and must be passed by a two-thirds affirmative vote of the members of the council present. This resolution was explained by Councilman Rock and there was con- siderable discussion. The resolution was then unanimously adopted, as shown: Aye : Councilmen Bange , Newman , Ridder, Rock, Titus and Mayor Hill. Nay : None . Council recessed at 10:40 P.M. and reconvened at 10 :50 P.M. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made : $ 89.48 - Auto Tags - G.F. #200 . 108 (supplemental) . 3,000.00 - Police Car Maintenance - G.F. #500. 102 (supplemental) . 10 MINUTES OF APRIL 23; 1975-MEETING.- - $4, 126 .00 - Henningson, Durham & Richardson - Airport . Master Plan - Airport Fund. 10,950. 23 - Perry Engineering Co. , Inc. - Fisher-Bishop Project - 1971 Bond Fund. 1,812.73 - Johnson and Williams - Potomac River Project - HUD application assistance - 1972 Bond Fund. 366. 26 - Johnson and Williams - Professional Services - (Lab analysis at Sewage Treatment Plant) - U.F . #1400. 108. 4,521.69 - Johnson and Williams - Normandy Village Project - U.F . #1300.914. 500.00 - Johnson and Williams - Sludge Screen, Sewage Treatment Plant - U.F. #1400. 906 . 8,443.54 - Johnson and Williams - Sewage Treatment Plant Expansion (6/13/73) - U.F. , 1400.908 . 2,810 .20 - Johnson and Williams - Sewage Treatment Plant - EPA application - U.F. #1400. 908. After explanation by 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 Ridder, the following resolution was proposed: BE IT RESOLVED, that the firm of Dewberry, Nealon and Davis is authorized to proceed with the study of the storm drain- age problem along the north branch from Loudoun Street to the Town Branch, at a cost not to exceed $2,500, in ac- cordance with their proposal dated April 9, 1975 . On motion of Councilman Titus, seconded by Councilman Ridder, the fol- lowing amendment to the fourth line was proposed and unanimously a- dopted: "the southerly side of the VEPCO right-of-way, " Mr. Chaves advised that we have construction plans in hand on the downtown line from Market and King Streets to and through the park- ing lot to the south side of the Joe Francis property. The above resolution, 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 the Town Manager be authorized to ob- tain conveyance of easements, according to plats prepared by Dewberry, Nealon & Davis, for a storm drainage system along the Town Branch, and BE IT FURTHER RESOLVED, that the Town Attorney is hereby authorized to prepare the easement documents according to the information submitted by Dewberry, Nealon and Davis. Councilman Titus asked that the plat on the VEPCO right'-of-way be re- moved for further discussion at the next Public Works meeting. He al- so asked that money be included in the Budget for cleaning the Town Branch. The resolution was then unanimously adopted, as shown: Aye: Councilman Range, Newman, Ridder, Rock, Titus and Mayor Hill. Nay : None. 11 MINUTES OF APRIL 23 , 1975 MEETING. An item on the Agenda having to do with amending the stand- ards for infiltration allowance into the sanitary sewers was dis- cussed slightly, howeve akcouncilman Titus recommended that it be sent back to the Puhlihc'Y`m eting for proper amendment to Section I- 1-03 of the Design Criteria Manual. On motion of Councilman Ridder, seconded by Councilman Titus, the following resolution was unanimously adopted, as shown : BE IT RESOLVED, that Loudoun Rebekah Lodge No. 46 is hereby granted a waiver of fee for a raffle permit un- til June 30, 1975 . Aye : Councilmen Range, Newman, Ridder, Rock , Titus and Mayor Hill. Nay: None . On motion of Councilman Titus , seconded by, Councilman Bange, the following resolution was proposed: WHEREAS, proper notification was not delivered to Mr. Clarence Davis for reserving a sewer tap to serve a house located at 35 Sycolin Road, NOW, THEREFORE, BE IT RESOLVED, that a sewer tap is hereby granted to Mr. Davis to serve a house located at 35 Sycolin Road, and BE IT FURTHER RESOLVED, that Mr. Davis shall be advised that capacity is being reserved for this sewer tap pro- vided he responds in writing to the Town Manager within 45 days of receipt of such notice that he will connect the said unit to the Town's sanitary sewer system within one year, and BE IT FURTHER RESOLVED that, for the purpose of this resolu- tion, connection shall mean (1) a unit is physically attached to the system, or (2) all applicable fees have been paid. After explanation by Mr. Devero, 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 Ordinance was proposed and unanimously adopted, as shown : WHEREAS, an emergency exists and the official signatures on . the Bank cards for the Town of Leesburg must be changed, NOW, THEREFORE, BE IT ORDAINED, that Section 2-3 of the Town Code is hereby amended by inserting the words "Deputy Town Manager" and 'Clerk of the Council" at the end thereof. Aye : Councilman 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, with the understanding that said resolution shall be sent to the four Banks in Leesburg: I , the undersigned, hereby certify to _ Bank, that I am Clerk of the Council of the Town of Leesburg, in Virginia, a municipal corporation chartered by an Act of the General Assembly of Virginia ; that the following is a true copy of resolutions duly adopted in accordance with law by the Council of said Town at a meeting held in Council Chambers the day of , 1975 , and that such resolutions ave not been rescinded or amended: 12 MINUTES OF APRIL 23 , 1975 MEETING. BE IT RESOLVED, that Bank is hereby designated as a depository of the Town of Leesburg, in Virginia, and that a checking account shall be maintained in said Bank in the name ''Town of Leesburg, Virginia. " BE IT FURTHER RESOLVED, that checks, drafts, bills of ex- change, acceptances or other orders for the payment of money from said account shall be signed, on behalf of this Town and in its name, by any two of the following officers ; namely, The Town Manager, Treasurer, Deputy Treasurer and Clerk of the Council. BE IT FURTHER RESOLVED, that the Treasurer is hereby author- ized, on behalf of this Town and in its name, to endorse checks , bills, certificates of deposit or other instruments owned or held by this Town, for deposit in said account or for collection by said Bank ; however, the endorsement of such in- struments may be made by rubber stamp endorsement containing the name of this Town without signature, or by the endorse- ment of any person by such writing as to designate that the instrument is intended to be credited to the said account ; to accept drafts , acceptances and other instruments payable at said Bank; to waive demand, protest, and notice of pro- test, or dishonor of any check, note, bill of exchange, draft or other instruments made, drawn or endorsed on be- half of this Town. However, strict compliance as to the words "Town Manager," "Treasurer," "Deputy Treasurer" and "Clerk of the Council" appearing after the names of said officers on any of said instruments for the payment of money from said checking account shall not be required. BE IT FURTHER RESOLVED, that Bank is hereby authorized to honor, receive, certify or pay all instruments signed in accordance with these resolutions, even I.though drawn or endorsed to the order of any officer signing the same or tendered for cashing or in payment of the individual obligation of any such officer, or for deposit to his personal account, and said Bank shall not be required, or be under any obligation to inquire as to the circumstances of the issuance, or use of any instrument signed in accord- ance with these resolutions, or the application, or disposi- tion of such instrument, or the proceeds thereof. BE IT FURTHER RESOLVED, that the Clerk of the Council shall certify to said Bank, the names and signatures of the pres- ently duly qualified and acting Town Manager, Treasurer, Deputy Treasurer and Clerk of the Council of this Town, and the Clerk of the Council shall, from time to time hereafter as changes in the personnel of said officers are made, cer- tify such changes to the Bank, and the Bank shall be fully protected in relying on such certifications of the Clerk of the Council, and shall be indemnified and saved harmless from any claims , demands, expenses, loss, or damage result- ing from, or growing out of, honoring the signature of any officer so certified, or in refusing to honor any signature not so certified, or in refusing to honor any signature which may be replaced through changes made by any such cer- tification. BE IT FURTHER RESOLVED, that all resolutions adopted by the Council of this Town prior to , 1975 , for the designation of said Bank as depository for the account main- tained in said Bank in the name "Town of Leesburg, Virginia," authorizing the signing of instruments for the withdrawal of money from the account of this Town in said Bank, and for the endorsement of instruments for deposit to the account of this Town in said Bank, be, and the same are hereby revoked and rescinded. BE IT FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received and acknow- ledged by said Bank, and that receipt of any such notice shall not affect any action taken by said Bank prior thereto. 13 MINUTES OF APRIL 23, 1975 MEETING . -. BE IT ALSO RESOLVED, that the Clerk of the Council is hereby authorized and directed to certify to Bank the foregoing resolutions , and that the provisions there- of are in conformity with the Charter and Ordinances of this Town, and the laws of the State of Virginia. I, the undersigned, further certify that the Council of the Town of Leesburg, in Virginia, is authorized and empowered to adopt the foregoing resolutions by virtue of its Charter and Ordinances, and pursuant to the laws of the State of Vir- ginia. I further certify that the names and official signatures of the presently duly qualified and acting Town Manager, Treas- urer, Deputy Treasurer and Clerk of the Council of said Town are as follows : Office : Name : Official Signature: Town Manager E. Wesley Devero Treasurer Mervyn C. Timberlake,Jr. Deputy Treasurer Virginia R. Embrey Clerk of the Council Dorothy B. Rosen In witness whereof, I have hereunto subscribed my name and affixed the seal of the Town of Leesburg, in Virginia, by di- rection of the Council, this day of , 1975 . Clerk of the Council Town of Leesburg, in Virginia ' 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 and unanimously adopted; as shown : BE IT RESOLVED, that a waiver of license fee for soliciting be granted to the Loudoun Rescue Squad Auxiliary through April 30, 1975 . 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 and unanimously adopted, as shown: BE IT RESOLVED, that a waiver of license fee for soliciting be granted to the Leesburg Lions Club for May 7 , 1975. Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill. Nay: : None. INSERT On motion of Councilman Ridder, seconded by Councilman Rock, Council voted unanimously to go into executive session at 11:30 P.M. to discuss legal matters and land acquisition. Council reconvened at 12 :41 A.M. , April 24th. On motion of Councilman Ridder, seconded by Councilman Rock, the following resolution was proposed : BE IT RESOLVED, that the Town Council of the Town of Leesburg declines the purchase of the property owned by W & L, and known as the IGA property, on the basis that it does not meet the needs of the Town of Leesburg at the present time. INSERT: It is noted that Councilman Titus reported to the Mayor on April 17 , 1975 that he was resigning from the "Building Committee" due to a conflict of interest. 14 MINUTES OF APRIL 23 , 1975 -MEETING. It was suggested that a copy of the appraisal, the report from the architect and any other information on this study be filed in the Office of the Town Manager, where it may be seen by the public . The resolution was then adopted by a vote of 3 to 2, with one ! (1) abstention, as shown: Aye : Councilmen Newnan, Ridder and Rock. Nay: Mayor Hill . and Councilman Bange. Abstention: Councilman Titus . Councilman Bange suggested that the committee that worked on this in- vestigation continue to serve, with the ultimate aim of an adminis- tration building for the Town . Councilman Titus was re-appointed to this committee . Mr. Devero asked Mayor Hill to designate Monday, April 28th or Tuesday, April 29th at 6 :30 or 7 :00 P.M. for a Budget work session. The Budget will be distributed on Friday, April 25th, giving members the week-end to study it. Mayor Hill said there will be a special meeting on April 28th anyway to award a bid, and he set this same evening of the 28th for a work session as well, with the possibility of having to meet again on Tuesday, the 29th. On motion of Councilman Rock, seconded by Councilman Bange, the meeting was adjourned at 12 :50 A.M. , April 24, 1975 . /d- 1 Ma Clerk o 'e Council 1 i 1