HomeMy Public PortalAbout1975_05_14 17
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 14, 1975 .
A regular meeting of the Leesburg Town Council was held on May
14, 1975 at 7 :30 P.M. in the Council Chambers , 10 West Loudoun
Street, Leesburg, Virginia. The meeting was called to order by the
Mayor, with the prayer being offered by Councilman Rock, and fol-
lowed by the Salute to the Flag. Present were the following : Mayor
G. Dewey Hill, Councilmen 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.
The Minutes of the regular meeting of April 9, 1975 were cor-
rected by Councilman Titus to delete the last sentence of the para-
graph following the second paragraph of Mr. Hawthorne ' s report on
Page 213. The Minutes of a joint meeting of Council and the Plan-
ning Commission on April 22, 1975 were approved as written. The
Minutes of the regular meeting of April 23 , 1975 were corrected on
Page 13 to add, preceding the vote to go into executive session, the
following : "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. " The Minutes of these meetings were
then adopted as corrected.
Mayor Hill recognized Mr. James W. Ritter, Jr. and presented to
him a Certificate of Appreciation on behalf of the Council and the
Administrative Staff for his twelve (12) years of service to the Town
of Leesburg as Town Manager. . He added his personal thanks for the
privilege of having served with him. Mr. Ritter expressed his ap-
preciation for this Certificate , as well as for the tray presented
to him at his Retirement Dinner in February. He spoke briefly of
the enjoyment he is experiencing since he retired.
Mayor Hill recognized representatives from the Loudoun Soil and
Water Conservation District, they being Mr. Les King and Mr. Pete
Holden. Also present were Mr. W. W. Wiggins , County Engineer, and
his assistant , Mr. Russ Dale . Mr. King spoke concerning the erosion
and sediment control law which was enacted by the 1973 General Assem-
bly. He explained that this is a State law and it is required that
towns and counties have such an ordinance or plan approved by the
Virginia Conmlission by July 1st of this year. He said they are striv-
ing for uniformity for erosion sediment control within Loudoun County,
and an ordinance has been prepared for adoption by the County, with
a Public Hearing set for June 3rd. This gives the towns a chance
to revise, add to or accept what the County has established. He ex-
plained
certain features of the proposed ordinance . A question and
answer period followed. Councilman Titus said the Public Works Com-
mittee has discussed this and felt the Town could adopt the County 's
ordinance with some revisions as to administrative procedures. Mr.
Forbes suggested that the ordinance specify "any applicable zoning
administrator" - in this way, the towns could adopt the County 's ordi-
nance and have the County enforce it within the towns . Mr. King
said it is more related to public works or engineering, and they are
proposing that the ordinance be transferred to the County Engineer 's
Office for enforcement . Mayor Hill asked who would enforce this
ordinance within subdivisions outside the corporate limits , but within
the Town ' s one-mile jurisdiction. There was considerable discussion
on this , with Mr. Wiggins pointing out that this ordinance has noth-
ing to do with subdivision control, except as it relates to erosion
and sedimentation control. He also said this ordinance provides for
a "stop work" clause . There is a State Code provision that allows
the Town to adopt this ordinance, with the County enforcing it. Mr.
King urged Council, if they have a suggested change in the ordi-
nance, to present it and see if it can be done before it is enacted.
He felt that, if there is no strong objection, the Board of Super-
visors will approve it at its first meeting in June. He said they
would appreciate a letter of intent from the incorporated towns.
Mayor Hill referred this ordinance back to the Public Works Com-
mittee for its thoughts , to be brought back at the next Council meet-
ing for any necessary action before the Public Hearing on June 3rd.
XYZ x
18 MINUTES OF MAY 14, 1975 MEETING.
On motion of Councilman Titus , seconded by Councilman Bange, the
following resolution was proposed:
WHEREAS, the Loudoun County School Board proposes to build
a vocational-technical center within the corporate limits
of Leesburg within a portion of the land of The National
Children ' s Rehabilitation Center (N.C.R. C. ) , which land
lies to the east of the Route #7 By-Pass and south of the
entrance road leading from Catoctin Circle to the N. C.R. C. ,
and
WHEREAS, the School Board has requested the Town of Leesburg
to make water and sewer available to the proposed center, and
WHEREAS , the intent of the Council has been previously ex-
pressed in approving Category 3 of the Statement of Policy
adopted March 23 , 1973 of allocation for water and sewer ser-
vice to serve the proposed vocational-technical center,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg , that it intends to serve the proposed vo-
cational-technical center with water and sewer service, sub-
ject to the following :
(1) A Leesburg Planning Commission permit being issued for
the said center.
(2) The sanitary sewer line to serve the said site be eight
(8) inches in diameter and be connected to a manhole
that lies approximately 2800 feet west of Dry Mill Road
in the sanitary sewer line that leads from Dry Mill Road
to the N. C.R. C.
(3) The water line be twelve (12) inches in diameter and
connected to a 12-inch water line lying on the east side
of Catoctin Circle at its intersection with West Market
Street to the intersection of the N. C.R. C. road and Ca-
toctin Circle and six (6) inches in diameter from the
second said intersection to the site. The Town will
reimburse the School Board on a pro-rata basis for the
12" line .
(4) The site plan for the center be in conformance with and
approved in accordance with Section 9 A of the Zoning
Ordinance of the Town of Leesburg. (The site plan shall
include any and all off-site construction) .
(5) Adequate easements for all utilities and construction be
obtained by the School Board and deeded to the Town.
(6) All construction, to be maintained by the Town, be sub-
ject to inspection and approval by the Town and deeded
to the Town upon completion.
(7) That all ordinances , resolutions and policies of the
Town be complied with.
(8) That all fees required by the Town be paid in accord-
ance with the applicable fee schedules.
(9) That all necessary permits be obtained by the School
Board.
(10) That a one year maintenance bond be provided for all
'construction to be maintained by the Town at the time
of acceptance of such construction by the Town.
(11) That the estimate of water and sewer needs to be pro-
vided by the Town of Leesburg is approximately 5,000
gallons per day.
(12) That construction be commenced within five (5) years
of approval of this resolution.
Ittttit
MINUTES OF MAY 14, 1975 MEETING. 19
(13) That all fees , charges , costs , construction, etc. con-
tained herein shall be at the expense of the School
Board.
and
BE IT FURTHER RESOLVED, that the granting of the water and
sewer connections and capacities contained herein to the
said site shall be only for the direct benefit of the Loud-
oun County School Board. •
Mr. Paul Mackey of the School Board staff was present and said
the School Board is agreeable to this , however, they are concerned
about the Commission Permit. They understood that such a school
would be permitted in the zoning at the location of this site. Mr.
Forbes said this is true and the State law requires a Commission
Permit. Mr. Mackey was also under the impression that a site plan
must be filed before this permit can be secured. Mr. Forbes said
the State law says they must show the general location, character
and extent in order to secure this permit. It was felt that it
would be better for the Planning Commission to act on this commis-
sion permit before the School Board purchases the land for the
school. Mr. Forbes said this can be considered at the Commission ' s
first meeting in June, however, they should have a letter of request
from the School Board. Mr. Mackey said they are also concerned
about the design of the water line down Catoctin Circle. Mr. Chaves
said the Town has the plans the Highway Department is using for con-
struction, so this should be no problem. Councilman Bange asked
whey they expect construction to begin. Mr. Mackey felt that Aug-
ust or September would be the earliest they could be out for bid.
Mayor Hill raised the question of securing easements for utility
lines, but Mr. Mackey assured that this will be no problem. Council
also discussed the the possibility of a higher power cutting the Town
off from sewer availablity and the effect it might have in this par-
ticular case. It was pointed out that the Policy Statement of March
28, 1973 covers this . At the suggestion of Councilman Titus, and ac-
cepted by Councilman Bange, who seconded the above resolution, the
underscored portions of the resolution were added. The resolution
was then unanimously adopted, as shown :
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and
Mayor Hill .
Nay : None .
Councilman Ridder reported that he received a very stern com-
plaint from a resident concerning the fact that Edwards Ferry Road
was completely blocked for over half an hour last week. On calling
the Police Office , he was informed that there was only one man on
duty and he was tied up elsewhere . He felt that the Police Depart-
ment scheduling should be better than this ; also, he suggested that
the proprietors of businesses be advised that Edwards Ferry Road must
remain open and, if assistance is needed, they call the Police De-
partment. This particular incident was explained by Chief Kidwell,
who said he had already contacted the owner of the business involved,
as well as the complaining resident .
Councilman Ridder also reported that the Regional Resources Com-
mittee of NVPDC will be meeting tomorrow night to consider the A-95
Review and recommend to NVPDC approval of Leesburg 's Phase I appli-
cation. He read the comment from NVPDC on this project and asked
if Council wishes him to make any further comments at the meeting.
After discussion, it was felt that he should ask that the following
language be inserted : "If this is consistent with the third track
approach, then there should be no further comment at a later date."
Councilman Titus also suggested that Mr. Ridder urge the adoption
of the third track approach as soon as possible.
Councilman Ridder said he has been approached by the Airport Ad-
visory Committee, requesting his assistance in a professional ca-
pacity on problems at the Airport. He felt it was a conflict of in-
terest heretofore, however, there is new legislation allowing people
in this capacity, after June 1, to do business within the Town not
to exceed $10,1000 per year in Towns not exceeding 7500 population.
There was some discussion concerning the population, with Mr. Ridder
stating that he intended to entertain this assignment if it is de-
7 111 1311
20 MINUTES OF MAY 14 , 1975 MEETING.
termined that the population is less than 7500. He said the amount
appropriated this year is $1500 or less. It was felt that the of-
ficial census of 1970 would be considered. Mr. Forbes estimated the
present population at 7442. Council was not against this at all.
Councilman Rock said he had received several phone calls recently,
citizens inquiring as to whether they might discharge firearms to con-
trol dogs running at large. He quoted from the Dog Ordinance of the
County, which Ordinance was adopted by the Town some years ago. It
was Council 's feeling that a letter should be written to the Chair-
man of the Board of Supervisors , requesting that the Dog Warden ans-
wer the complaints of the citizens concerning these dogs .
Councilman Titus asked that the Town Manager write a letter to
Dewberry, Nealon & Davis , advising them that the Town has taken a
different approach on the water line on the Ewing property and that
they will be contacted if this approach does not work.
Councilman Titus said the Public Works Committee met with repre-
sentatives of Valley Sanitation regarding Mr. Jewell ' s problem and
thought it was solved, however, it has not been. Mr. Jewell called
again and said Mr. Crisman is no longer with the company and Mr.
Smith said he could not pay all of the back money owed Mr. Jewell.
Mr. Devero reported that Mr . Smith and Mr. Foltz were in the office
on Monday and Mr. Foltz said he and Mr. Jewell had reached an under-
standing. It was decided that Mr. Foltz and Mr. Smith would both be
asked to be present the next time , along with Mr. Jewell. In the
meantime , it will be ascertained just who the owner of the corpora-
tion is .
Mr. Titus asked that Item No. 1 on the Agenda concerning access
roads to the schools in Leesburg be sent back to Committee since a
letter has not yet been received from the Highway Department con-
cerning this .
On motion of Councilman Titus , seconded by Councilman Rock, the
following resolution was proposed:
BE IT RESOLVED, that the Treasurer prepare a listing of all
businesses operating under Sections 3-3-3, 4-3-1 (as per-
tains to Section 3-3-3) , 4-A-3-1 (as pertains to Section
3-3-3) and 4-B-3-1 (as pertains to Section 3-3-3) of the
Zoning Ordinance , and
BE IT FURTHER RESOLVED, that the Treasurer and the Zoning
Administrator shall investigate the said businesses for
possible violations thereof, and
BE IT FURTHER RESOLVED, that the Treasurer and Zoning Ad-
ministrator report their findings to the Finance and Ad-
ministration Committee prior to the issuance of the re-
spective 1975 -1976 business licenses ."
.Councilman Titus explained that there are businesses operating under
home occupations in residential areas , some of whom do not have Li-
censes and there is one , in particular, that he believes is in vio-
lation of the sections of the Code mentioned above. He asked for a
ruling from the Zoning Administrator and the Treasurer on such occu-
pations . Mr. Timberlake said some of the license applications have
gone out and they have already billed about 50 people , however, no-
one has paid yet . 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 Rock, the
following resolution was proposed:
BE IT RESOLVED, that the Planning Commission is hereby re-
quested to consider amending Section 9-3 of the Zoning
Ordinance (Violations and Penalties) to require the maxi-
mum penalties thereunder to be $1,000, in accordance with
legislation passed by the 1975 General Assembly.
21
MINUTES OF MAY 14, 1975 MEETING.
After explanation by Councilman Titus , the resolution was unanimously
adopted, as shown :
Aye : Councilmen Bange , Newman, Orr, Ridder, Rock and 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 Town Council reply, in response to
a letter received from Michael H. Leahy of Brent, Fox, Kinter,
Plotkin & Kann, attorneys , regarding the pledge of 61 sewer
and water taps by Shor-Leesburg Associates to Madison Nat-
ional Bank, that the Town is taking the letter under advise-
ment and will respond in full after consultation with its
legal counsel.
It was proposed that the Town Manager would write this letter, send-
ing a copy of this resolution, as well as copies to Leesburg-Shor
Associates and Madison National Bank. The resolution was unani-
mously adopted as shown :
Aye : Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and
Mayor Hill .
Nay : None .
Councilman Newman said she had received numerous calls concern-
ing the Loudoun Baptist Temple bus parked on Madison Court. Chief
Kidwell reported that he talked with the preacher of this Church -
he is not violating any law - he is legally parked and the bus is
properly licensed. He had no intention of moving it.
Mrs. Newman also inquired about the sidewalk and tree removal
proposed on East Market Street. She thought it was to come back to
this meeting for action. It was pointed out that it is Item #16 on
the Addition to the Agenda.
Councilman Bange said the Planning Commission has a work ses-
sion scheduled to work on the Subdivision and Zoning Ordinances .
The Chairman has asked that names be submitted to fill the vacancies
and they will be brought back to the Council for recommendation at the
next meeting .
Councilman Titus expressed his thanks to Mr. Keyes, Mr. Devero
and all those who helped last week when the old wooden tank par-
tially fell . Mayor Hill said he had received several complaints from
the neighbors due to this mishap.
Mayor Hill reported that he had spoken to the Lovettsville Lions
Club concerning the Restoyation and Preservation Society, at which
time he was queried very strongly Ahout the fact that the Town of
Leesburg owns the log cabin but hasTemonstrated to any extent, other
tbfin cleaning it up, that they intend to support it monetarily. They
felt that the Town should contribute monetarily on the restoration of
it . He came away from this meeting with a $25 .00 donation. He would
like for Council to consider what it is going to do with this situa-
tion. We have plans but they have not been presented to the Town.
The Restoration Society has pledged $5 ,000 and we have a Grant of
$5 ,000 . He would like to see something done with this building for
the Bicentennial Celebration. Councilman Bange asked what the esti-
mate is to restore this building. Mayor Hill said it is estimated
that ittt ill take $60 ,000 to $80,000, it has to be taken down com-
pletely/Ehe foundation and then start all over again .
On motion of Councilman Titus , seconded by Councilman Ridder,
the following resolution was proposed:
BE IT RESOLVED, that the Town Manager is authorized to pro-
ceed to obtain approval by Hakim Associates of the prepared
agreement for the acquisition of a lot for a well site, as
shown in plat by DeLashmutt Associates attached to the
Agreement and made a part thereof, and
22
MINUTES OF MAY 14, 1975 MEETING. -
BE IT FURTHER RESOLVED, .that the Town Manager is hereby di-
rected to submit this to Hakim Associates for response with-
in ten (10) days after receipt, and that the letter be sent
Registered Mail-Return Receipt Requested, and that today 's
date be put in the option.
The Agreement was read by the Clerk, with Councilman Titus explaining
it. Also included in the discussion was the proposed well site in the
Andover Meadow Subdivision, which has not yet been approved by the
Health Department . Mr. Devero and Mr. Chaves explained the reasons
for the Health Department disapproval at this time and the possible
remedies for same. It was pointed out that the site in Virginia
Knolls , the subject of the resolution offered above, has been ap-
proved by the Health Department. The resolution was then unani-
mously adopted, as shown:
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
Councilman Orr left the meeting at this time .
A substitute resolution to Item #3 on the Agenda concerning a
request by the developers of Sections 4 and 5 of Exeter Hills to be
placed on the Priority List for sewer connections was objected to by
Councilman Rock. Therefore, this matter was referred back to the
Public Works Committee . There was also some discussion concerning
consideration of plans for the Priority List. Councilman Titus . said
that, hereafter, if such plans are not complete when submitted, the
request for a place on the Priority List will be defeated. - this
will be the Public Works Committee ' s stand.
On motion of Councilman Titus , seconded by Councilman Ridder,
the following resolution was proposed :
WHEREAS, a report has been received from Paul E. Bengtson,
Consultant, informing the Town o.f a discrepancy between
the Standards adopted by the Town for infiltration allow-
ances into the sanitary sewers and those of the Environmental
Protection Agency Manual of Practice and the Commonwealth of
Virginia ' s Proposed Draft Sewerage Regulations,
NOW, THEREFORE, BE IT RESOLVED that Section 4-1-.10, Accept-
ance Tests, B. Leakage Test, #8, on Page 4-1-7 of the Stand-
ard Construction Specifications of the Town be amended to
to read as follows :
"Repeat as necessary after repair of leaks and
defects until leakage as measured does not ex-
ceed 0 . 15 gallons per inch of internal diameter
per hour per 100 feet of pipe length to a maxi-
mum of 4800 gallons per day per mile for any
section of the system, including manholes , when
subjected to a minimum of 4 feet of head above
the line crown at the upstream manhole of the
section being tested." , and
BE IT FURTHER RESOLVED, that Section I, Subsection 1, Gene-
ral and Hydraulics I-1-03, "Infiltration," on Page I-1-1
of the Suggested Design Criteria Water and Sewer Lines ,
Streets and Appurtenances be amended to read as follows :
"Completed sewers shall be tested for leakage or
infiltration (i.e. , outward leakage, trench dry ;
or infiltration, trench wet) . Leakage or infil-
tration shall not exceed 190 gallons per inch
diameter per mile of sewers per day up to a maxi-
mum of 4800 gallons per day per mile. "
Councilman Titus explained that this is to put our Standards in line
with those of the EPA. After further explanation by Mr. Chaves, the
resolution was unanimously adopted, as shown :
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill.
Nay: None.
OR
23
MINUTES OF MAY 14, 1975 MEETING .
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
BE IT RESOLVED, that the Mayor is hereby authorized to sign
Agreement dated May 6 , 1975 between Herndon Lumber & Mill-
work, Inc . ; Charles W. Howe, individually and as Trustee,
and the Town of Leesburg, wherein Herndon Lumber & Millwork,
Inc . and C. W. Howe agree to maintain the non-public areas ,
without expense to the Town of Leesburg, in Huntland Homes,
Section I, in accordance with the requirements of the Lees-
burg Zoning Ordinance ; provided that C. W. Howe has signed
such agreement both individually and as Trustee .
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 Ridder,
the following resolution was proposed:
BE IT RESOLVED, that the Town Manager is hereby author-
ized to make application to the Leesburg Planning Commis-
sion for a Commission Permit for two well sites , one being
located in Andover Meadows and one in Virginia Knolls.
During discussion, Town Attorney George Martin pointed out that such
a permit is not needed for the digging and testing of a well, but
it will ultimately be needed if you have a good well and put it to
use pumping water. 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 (for purposes of discussion) and
seconded by Councilman Newman, the following resolution was proposed:
WHEREAS, the Leesburg Downtown Business Association has ex-
pressed its desire to work in cooperation with the Compre-
hensive Plan,
NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg
welcomes the Downtown Business Association 's cooperation
and its input into the Committees to be formed under the
Comprehensive Plan.
There followed lengthy discussion on this , with it being pointed out
that members of this Association are really interested in working
with the committees for their own planning and projection - they
would like to have access to the 'Town ' s records . On motion of
Councilman Titus , seconded by Councilman Ridder, the resolution was
unanimously referred back to the Finance and Administration Com-
mittee for further study, as shown:
Aye : Councilmen Bange , Newman Ridder, Rock, Titus and
Nay : None.Mayor Hill.
On motion of Councilman Rock, seconded by Councilman Bange, the
following three (3) resolutions were proposed and unanimously adopted,
as shown :
(1) WHEREAS, a request has been received from the Ladies '
Auxiliary of the Leesburg Fire Department for a waiver
of fee for a raffle permit, to be held on July 5 , 1975 ,
NOW, THEREFORE , BE IT RESOLVED, that a waiver of fee
for a raffle permit is granted to the Ladies ' Auxiliary
of the Leesburg Fire Department until June 30, 1975,
with an extension through July 5 , 1975 .
•
24
MINUTES OF MAY 14, 1975 MEETING.
(2) WHEREAS, a request has been received from the Leesburg
Jaycees for a waiver of fee for a raffle permit,
NOW, THEREFORE, BE IT RESOLVED, that a waiver of fee for
a raffle permit is granted to the Leesburg Jaycees until
June 30, 1975 .
(3) WHEREAS, a request from VFW Loudoun County Post. #1177 has
been made for waiver of license to hold a carnival during
the week of May 29 through June 7 ,
NOW, THEREFORE, BE IT RESOLVED, that a waiver of license
be granted to VFW Loudoun County Post #1177 to hold a
carnival during the week of May 29 through June 7, 1975 .
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 and unanimously adopted, as shown :
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, that the Town Manager be, and he is hereby authorized
and directed to have the following advertisement published
in the Loudoun Times-Mirror on May 22nd and 29th, 1975 :
PUBLIC NOTICE
Notice is hereby given that a Public Hearing will be held by
the Leesburg Town Council on June 11, 1975 , at 7 :30 P.M. ,
in the Council Chambers , 10 West Loudoun Street, Leesburg,
Virginia, to consider proposed amendments to the Leesburg
Zoning Ordinance and Leesburg Subdivision Ordinance, whereby
such amendments would require a subdivider or developer of
land to pay his pro-rata share of the cost of providing rea-
sonable and necessary sewerage and drainage facilities, lo-
cated outside the property limits of the land owned or con-
trolled by him, but necessitated or required at least in
part, by the construction or improvement o:f his subdivision
or development.
Copies of said proposed amendments may be viewed in the of-
fice of the Director of Community Development, 15 West Market
Street, during working hours .
At this hearing, all interested persons may express their
views pertinent to said proposed amendments: .
•
G. Dewey Hill
Mayor, Town of Leesburg
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 Airport Advisory Committee has indicated its
deep interest in the possibility of the establishment of
an Airport Authority ; and
WHEREAS, there appear to be several approaches to consider
in establishing such Authority, whether by a joint Airport
Authority in conjunction with the County, a separate Air-
port Authority, either established pursuant to Section 5-1-41
of the 1950 Code of Virginia, as amended, or under the au-
thority of special legislation; and
WHEREAS, the Town Attorney has informally advised that there
are serious questions raised if the Authority should be es-
tablished under the said Code provision, a copy of which is
attached; and
25
MINUTES OF MAY 14 , 1975 MEETING.
WHEREAS, the Council is deeply interested in the concept
of an Airport Authority,
BE IT RESOLVED as follows :
1. The Town Attorney make his report and recommendation
to the Council as to whether to establish an Authority
under said Code provision, or through special legislation,
utilizing such information as is obtainable from other mu-
nicipalities which have established an Airport Authority
pursuant to the Code provision, or pursuant to special
legislation.
2 . That the Airport Advisory Committee explore the pos-
sibility of establishing a joint Airport Authority and re-
port to the Council its conclusions thereon as to the merits
and demerits of such approach.
This was explained by Councilman Rock and Town Attorney Martin, with
lengthy discussion following . It was determined that this resolu-
tion directs the Town Attorney and the Airport Advisory Committee
to investigate the ramifications of an Airport Authority , it does
not establish one . The resolution was unanimously adopted, as shown:
e: ouncilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill.
°onn'of Councilman Titus , seconded by Councilman Rock, the
following resolution was proposed and unanimously adopted, as shown :
BE IT RESOLVED, that the Town Attorney is hereby requested
to join the Local Government Attorneys of Virginia (LGA) ,
which was established in February 1975 with the support
and assistance of the Attorney General 's Office in order
to serve the professional needs of the attorney who repre-
sents a local governing body, and
BE IT FURTHER RESOLVED, that the dues for this year for
said organization are hereby appropriated.
Aye : Councilmen Bange, Newman, Ridder, Rock , Titus and
Mayor Hill.
Nay : None .
On motion of Councilman Rock (for purposes of getting it on the
floor) , seconded by Councilman Newman, the following ordinance was
proposed:
BE IT ORDAINED, that the following section shall be made
a part of the Town Code of the Municipality of the Town
of Leesburg , to be known as Section of
said Code :
No person shall park any vehicle exceeding 7800 pounds
G.V .W. on or alongside the streets and highways in resi-
dential districts in the Town for a continuous period of
more than two hours. This section shall not be appli-
cable to school buses or to vehicles of less than 7800
pounds G.V.W. of an established commercial business , or
motor vehicle carrier while picking up or delivering pas-
sengers or merchandise, or to vehicles parked pursuant to
the performance of work or services at such location.
' For the purpose of this section, "residential district"
is defined as that side of any street or highway adjacent
to property included in any one of the residential dis-
tricts as shown on the zoning district map of the Town.
Every person convicted of a violation of this section
shall be punished by a fine not to exceed twenty-five
dollars ($25 . 00) for each offense .
On motion of Councilman Titus , seconded by Councilman Bange, the
following substitute ordinance was proposed:
26
MINUTES OF MAY 14 , 1975 MEETING .
BE IT ORDAINED, that the following section shall be made a
part of the Town Code of the Municipality of the Town of
Leesburg, to be known as Section of said
Code :
No person shall park any vehicle not powered by an internal
combustion engine on the streets or highways of the municipality.
No person shall park any vehicle exceeding 7800 pounds G.V.W.
on the streets or highways in any residential, business or
commercial area within the municipality for a continuous
period of more than two (2) hours at the same location.
This section shall not be applicable to vehicles parked
pursuant to the performance of continuous work, delivery
or services to residence, business or commercial establish-
ment, in which case no such vehicle shall park for a period
longer than ten (10) hours .
Every person convicted of a violation of this section shall
be punished by a fine not to exceed twenty-five dollars
($25 .00) for each offense .
On motion of Councilman Titus , seconded by Councilman Bange, the fol-
lowing resolution was proposed and unanimously adopted, as shown :
BE IT RESOLVED, that this ordinance be published in full in
the Loudoun Times-Mirror on May 29 , 1975 and June 5 , 1975 for
Public Hearing on June 11, 1975 , and that this ordinance be
referred to the Finance and Administration Committee .
Aye : Councilmen Bange, Newman , Ridder, Rock, Titus and
Mayor Hill.
Nay : None .
On motion of Councilman Ridder, seconded by Councilman Newman , the
following resolution was proposed:
BE IT RESOLVED, that the attached Synopsis of the Proposed
Budget for the fiscal year beginning July 1, 1975 and end-
ing June 30 , 1976 be published in the Loudoun Times-Mirror
on May 29, 1975 and June 5 , 1975 , including a Notice of the
Public Hearing thereon, to be held on June 11, 1975 at 7 :30
P.M. in the Council Chambers, 10 West Loudoun Street , Lees-
burg , Virginia.
Councilman Rock was not in favor of publishing the tax rate - he felt
that the utility tax should be kept to a minimum, with either the real
estate or personal property tax being raised. The resolution was then
adopted by a vote of 5 to 1, as shown :
Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill.
Nay: Councilman Rock.
On motion of Councilman Titus , seconded by Councilman Ridder, the
following Ordinance was proposed, with the reading of same being waived:
AN ORDINANCE TO LEVY A TAX ON THE PURCHASES
OF UTILITY Sna{V.CES FIX THE AMOUNT OF TAX,
PROVIDE FOR ITS COLLECTION AND PRESCRIBE
P 'L I 0` - t • ON •- $40- *NCE.
WHEREAS, it is necessary that provision be made to levy a
tax (in addition to other taxes imposed) herinafter set forth,
and provide for the collection thereof for the purpose of pro-
viding revenue for the General Fund for Town purposes .
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the
Town of Leesburg, Virginia, that, pursuant to Sections 58-587 . 1
and 58-617 . 2 of the 1950 Code of Virginia (Chapter 540, Acts of
Assembly of 1966) , as amended:
27
MINUTES OF MAY 14 , 1975 MEETING.
SECTION 1 . Definitions :
The following words and phrases used in this ordinance
shall, for the purposes of this ordinance, have the following
respective meanings , except where the context clearly indi-
cates a different meaning :
(A) PERSON. The word "person" shall include indi-
viduals , firms , partnerships, associations, corporations,
and combinations of individuals of whatever form and
character.
(B) PURCHASER. The word "purchaser" shall include
every person who purchases a utility service.
(C) SELLER. The word "seller" shall include every
person, whether a public service corporation, political
subdivision within the County, or private corporation, or
not , who sells or furnishes a utility service within the
Town.
(D) UTILITY SERVICE. The term "utility service"
shall include local exchange telephone service, electric
service and gas service, including bottled or liquid gas,
furnished within the Town.
(E) RESIDENTIAL USER. The term "residential user"
shall mean the owner or tenant of private residential
property used in maintaining a place of abode or in nor-
mal farming operations or a tenant of an apartment who
pays for utility service in or for said property.
(F) COMMERCIAL OR INDUSTRIAL USER. The term "com-
mercial or industrial user" shall mean the owner or tenant
of property which is not residential in character or is
used for commercial, professional or industrial purposes,
including the owner of master metered apartment buildings
who pays for utility service for said property.
SECTION 2 . Amount of Tax :
There is hereby imposed and levied by the Town of
Leesburg , Virginia, upon each and every purchaser of a
utility service a tax in the following amounts :
(A) Residential Users :
(1) on the first thirty (30) dollars
of net charge per residential
user per month 9`/0.
(2) on the amount of the net charge per
residential user per month in ex-
cess of thirty (30) dollars0%.
(B) Commercial or Industrial Users :
(1) on the first three hundred (300)
dollars of net charge per com-
mercial or industrial user per
month 9'/
(2) on the amount of net charge per
commercial or industrial user
per month in excess of three
hundred (300) dollars . . . . 0%.
SECTION 3 . Utility Bills , Monthly or Otherwise :
Utility bills shall be considered monthly bills if sub-
mitted twelve times annually for a period of approximately one
month or portion thereof. In case bills are submitted by any
seller for more than one month ' s utility service, the amount
28
MINUTES OF MAY 14 , 1975 MEETING.
of said bill included in computing . the tax shall be the net
charges allowed herein multiplied by the number of months for
which said bill is submitted.
SECTION 4. Duty of Seller, Generally :
(A) It shall be the duty of every seller in acting
as the tax collecting medium or agency for the Town of
Leesburg to collect from the purchaser for the use of
the Town the tax hereby imposed and levied at the time
of collecting the purchase price charged therefor and
the taxes collected during each calendar month shall be
reported by each seller to the Town Treasurer and,
simultaneously, each seller shall remit the amount of
tax shown by said report to have been collected to the
Town Treasurer on or before the last day of the second
calendar month thereafter, together with the name and
address of any purchaser who has refused to pay his
tax. The required reports shall be in the form pre-
scribed by the Town Treasurer. The tax levied or im-
posed under this ordinance with respect to the purchase
of any gas or electric service, shall become effective
on bills rendered on meter readings, on and after July
1, 1975 , and with respect to local telephone service
on charges first appearing on bills rendered on July 1,
1975 and thereafter.
(B) In all cases where the seller collects the
price for utility service in stated periods, the tax
imposed and levied by this ordinance shall be computed
on the amount of purchase during the month or period
according to each bill rendered, provided the amount
of tax to be collected shall be the nearest whole cent
to the amount computed.
(C) Each and every seller shall keep complete
records showing all purchases in the Town, which records
shall show the price charged against each purchaser
with respect to each purchase, the date thereof, and
the date of payment thereof, shall be kept open for
inspection by the duly authorized agents of the Town
at reasonable times, and the duly authorized agents
of the Town shall have the right, power and authority to
make such transcripts thereof during such times as they
may desire .
SECTION 5 . Collection of Taxes from Seller: -
(A) The Town Treasurer shall be charged with the
power and the duty of collecting the taxes levied and
imposed hereunder and shall cause the same to be paid
into the general fund of the Town.
SECTION 6 . Exceptions .
(A) The tax imposed and levied by this ordinance
on purchasers with respect to telephone service shall
apply to all charges made for local telephone exchange
service except as follows :
(1) Coin box telephone . The total amount of
the guaranteed charge on each bill rendered for
semi-public coin box telephone service shall be
included in the basis for the tax with respect to
the purchaser of such service, but no other tax
shall be imposed on telephone service paid for by
inserting coins in coin-operated telephones .
(2) Flat rate service. With respect to flat
rate service, the tax shall apply to only the a-
mount payable for the local area service and shall
not apply to any specific charge for calls to
MINUTES OF MAY 14, 1975 MEETING.
points outside the Town or to any general charge
or rate differential payable for tne privilege of
calling points outside the Town or for the mile-
age service charges .
(3) Message rate service. Where purchasers
of telephone service are charged on a message rate
basis , the tax shall apply only to the basic
charge for additional message units .
(B) There shall be no tax computed on bills sub-
mitted for electric service for heating water and space
heating where a separate meter is used solely for water
heating and space heating service or on bills submitted
for unmetered electric service .
(C) The United States of America, diplomatic per-
sonnel exempted by the laws of the United States, the
State of Virginia, and the political subdivisions, boards,
commissions and authorities thereof, and religious or-
ganizations are hereby exempted from the payment of the
tax imposed and levied by this ordinance with respect
to the purchase of utility services used by such govern-
mental agencies and religious organizations .
(D) Charitable or non-profit organizations may be
exempt upon approval of application for exemption to
Council .
SECTION 7 . Penalties :
Any purchaser failing , refusing or neglecting, after five
(5) days from receipt of notice by the Treasurer for the Town
that the tax is delinquent , to pay the tax imposed or levied by
this ordinance , and any seller violating the provisions of this
ordinance , and any officer, agent or employee of any seller vio-
lating the provisions of this ordinance shall be guilty of a
misdemeanor and shall , upon conviction, be subject to a fine of
not less than ten dollars ($10 .00) nor more than three hundred
dollars ($300.00) or by imprisonment in jail for not more than
three months, or by both such fine and imprisonment . Each fail-
ure , refusal, neglect or violation and each day ' s continuance
thereof shall constitute a separate offense . Such conviction
shall not relieve any person from the payment, collection and
remittance of such tax as provided by this ordinance .
SECTION 8. Severability Clause :
If any section, subsection, sentence, clause, phrase, part
or provision of this ordinance shall be declared unconstitutional,
void or invalid for any reason, the validity of the remaining
portions of this ordinance shall not be affected thereby , but
shall continue in full force and effect.
SECTION 9. Effective Date :
The effective date of this ordinance shall be on and after
July 1 , 1975 .
Council unanimously agreed to the waiver of the reading of the above
Ordinance . On motion of ou oilman i us secondec� by Councilman
Newman, the following amehflmgHt,Ms2r g pS efl �ifl°�Haflgcifl$ �� adopted,
as shown:
WHEREAS, an emergency exists in order that the Utility Com-
panies may be advised as soon as possible ,
Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill.
Nay : Councilman Rock.
On motion of Councilman Titus , seconded by Councilman Ridder,
Council voted 5 to 1 abstention to eliminate the words ''and religious
organizations" on the fourth and last lines of Section 6, Item (C) ,
30
MINUTES OF MAY 14 , 1975 MEETING.
and to eliminate Section 6 , Item (D) , as shown:
Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill.
Nay : None.
Abstention: Councilman Rock.
There was discussion concerning changing the effective date of this
ordinance, however, it was decided to leave it effective July 1, 1975.
On motion of Councilman Titus , seconded by Councilman Newman, Council
voted 4 to 2, as shown below, to eliminate the words "including bot-
tled or liquid gas" from Section 1, Item (D) :
Aye : Councilmen Bange, Newman, Titus and Mayor Hill.
Nay: Councilman Ridder.
Abstention: Councilman Rock.
The Ordinance, as amended, was then adopted by a vote of 5 to 1, as
shown, and reading as follows :
AN ORDINANCE TO LEVY A TAX ON THE PURCHASES
OF UTILITY SERVICES FIX THE AMOUNT OF TAX,
PROVIDE FOR ITS COLLECTION AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
WHEREAS, it is necessary that provision be made to levy
a tax (in addition to other taxes imposed) hereinafter set
forth, and provide for the collection thereof for the purpose
of providing revenue for the General Fund for Town purposes,
and
WHEREAS, an emergency exists in order that the Utility
Companies may be advised as soon as possible ,
NOW, THEREFORE, BE IT ORDAINED by the Town Council of
the Town of Leesburg, Virginia, that, pursuant to Sections
58-587 . 1 and 58-617 .2 of the 1950 Code of Virginia (Chapter
540, Acts of Assembly of 1966) , as amended:
SECTION 1. Definitions :
The following words and phrases used in this ordinance
shall, for the purposes of this ordinance, have the following
respective meanings , except where the context clearly indi-
cates a different meaning :
(A) PERSON. The word "person" shall include indi-
viduals, firms, partnerships, associations, corporations
and combinations of individuals of whatever- form and
character.
(B) PURCHASER. The word "purchaser" shall include
every person who purchases a utility service.
(C) SELLER. The word "seller" shall include every
person, whether a public service corporation, political
subdivision within the County, or private corporation, or
not, who sells or furnishes a utility service within the
Town.
(D) UTILITY SERVICE. The term "utility service"
shall include local exchange telephone service, electric
service and gas service furnished within the Town.
(E) RESIDENTIAL USER. The term "residential user"
shall mean the owner or tenant of private residential
property used in maintaining a place of abode or in nor-
mal farming operations or a tenant of an apartment who
pays for utility service in or for said property.
(F) COMMERCIAL OR INDUSTRIAL USER. The term "com-
mercial or industrial user" shall mean the owner or tenant
of property which is not residential in character or is
used for commercial, professional or industrial purposes,
including the owner of master metered apartment buildings
who pays for utility service for said property.
31
MINUTES OF MAY 14, 1975 MEETING.
SECTION 2. Amount of Tax :
There is hereby imposed and levied by the Town of Lees-
burg , Virginia , upon each and every purchaser of a utility
service a tax in the following amounts:
(A) Residential Users :
(1) on the first thirty (30) dollars of
net charge per residential user per
month 9%.
(2) on the amount of the net charge per
residential user per month in excess
of thirty (30) dollars 07 .
(B) Commercial or Industrial Users :
(1) on the first three hundred (300)
dollars of net charge per commercial(,�
or industrial user per month . . 90.
(2) on the amount of net charge per com-
mercial or industrial user per month
in excess of three hundred (300)
dollars 0%.
SECTION 3 . Utility Bills , Monthly or Otherwise :
Utility bills shall be considered monthly bills if sub-
mitted twelve times annually for a period of approximately
one month or portion thereof. In case bills are submitted
by any seller for more than one month 's utility service, the
amount of said bill included in computing the tax shall be the
net charges allowed herein multiplied by the number of months
for which said bill is submitted.
SECTION 4 . Duty of Seller, Generally:
(A) It shall be the duty of every seller in acting
as the tax collecting medium or agency for the Town of
Leesburg to collect from the purchaser for the use of
the Town the tax hereby imposed and levied at the time
of collecting the purchase price charged therefor and
the taxes collected during each calendar month shall
be reported by each seller to the Town Treasurer and,
simultaneously , each seller shall remit the amount of
. tax shown by said report to have been collected to the
Town Treasurer on or before the last day of the second
calendar month thereafter, together with the name and
address of any purchaser who has refused to pay his
tax. The required reports shall be in the form pre-
scribed by the Town Treasurer. The tax levied or im-
posed under this ordinance with respect to the purchase
of any gas or electric service , shall become effective
on bills rendered on meter readings , on and after July
1, 1975 , and with respect to local telephone service
on charges first appearing on bills rendered on July 1,
1975 and thereafter.
(B) In all cases where the seller collects the
price for utility service in stated periods , the tax im-
posed and levied by this ordinance shall be computed on
the amount of purchase during the month or period accord-
ing to each bill rendered, provided the amount of tax to
be collected shall be the nearest whole cent to the a-
mount computed.
(C) Each and every seller shall keep complete rec-
ords showing all purchases in the Town , which records
shall show the price charged against each purchaser with
respect to each purchase , the date thereof, and the date
of payment thereof, and the amount of tax imposed here-
under, and such record shall be kept open for inspection
32
MINUTES OF MAY 14, 1975 FETING.
by the duly authorized agents of the Town at reasonable
times , and the duly authorized agents of the Town shall
have the right , power and authority to make such tran-
scripts thereof during such times as they may desire.
SECTION 5 . Collection of Taxes from Seller:
(A) The Town Treasurer shall be charged with the
power and the duty of collecting the taxes levied and
imposed hereunder and shall cause the same to be paid
into the general fund of the Town.
SECTION 6. Exceptions.
(A) The tax imposed and levied by this ordinance
on purchasers with respect to telephone service shall
apply to all charges made for local telephone exchange
service except as follows :
(1) Coin box telephone . The total amount of
the guaranteed charge on each bill rendered for
semi-public coin box telephone service shall be
included in the basis for the tax with respect to
the purchaser •of such service, but no other tax
shall be imposed on telephone service paid for by
inserting coins in coin-operated telephones .
(2) Flat rate service. With respect to flat
rate service , the tax shall apply to only the a-
mount payable for the local area service and shall
not apply to any specific charge for calls to
points outside the Town or to any general charge
or rate differential payable for the privilege of
calling points outside the Town or for mileage
service charges .
(3) Message rate service. Where purchasers
of telephone service are charged on a message rate
basis , the tax shall apply only to the basic charge
for such service and shall not apply to any charge
for additional message units .
(B) There shall be no tax computed on bills sub-
mitted for electric service for heating water and space
heating where a separate meter is used solely for water
heating and space heating service or on bills submitted
for unmetered electric service.
(C) The United States of America, diplomatic per-
sonnel exempted by the laws of the United States, the
State of Virginia, and the political subdivisions, boards,
commissions and authorities thereof, are hereby exempted
from the payment of the tax imposed and levied by this
ordinance with respect to the purchase of utility ser-
vices used by such governmental agencies .
SECTION 7 . Penalties :
Any purchaser failing, refusing or neglecting, after
five (5) days from receipt of notice by the Treasurer for the
Town that the tax is delinquent , to pay the tax imposed or
levied by this ordinance , and any seller violating the pro-
visions of this ordinance, and any officer, agent or employee
of any seller violating the provisions of this ordinance shall
be guilty of a misdemeanor and shall, upon conviction, be sub-
ject to a fine of not less than ten dollars ($10 .00) nor more
than three hundred dollars ($300.00) or by imprisonment in
jail for not more than three months , or by both such fine and
imprisonment. Each failure , refusal, neglect or violation
and each day 's continuance thereof shall constitute a separate
offense . Such conviction shall not relieve any person from the
payment, collection and remittance of such tax as provided by
this ordinance.
33
MINUTES OF MAY 14, 1975 MEETING.
SECTION 8 . Severability Clause :
If any section, subsection, sentence, clause, phrase,
part or provision of this ordinance shall be declared uncon-
stitutional, void, or invalid for any reason, the validity of
the remaining portions of this ordinance shall not be affected
thereby, but shall continue in full force and effect.
SECTION" 9. Effective date :
The effective date of this ordinance shall be on and after
July 1, 1975 .
Aye: Councilmen Bange, Newman, Ridder, Titus and Mayor Hill.
Nay : Councilman Rock.
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
WHEREAS, the provision of additional recreational facilities
for residents of the Town of all ages is an ever-growing
need, and
WHEREAS , it is the intention of the Town Council, both in
response to citizen interest and in compliance with the
general directions of the Town ' s Comprehensive Plan, to
take such steps as may be possible to provide additional
facilities ,
NOW, THEREFORE, BE IT RESOLVED, that the Council of the Town
of Leesburg go on record to support this program.
After discussion, the resolution was unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Nay: Nayne .oHill.
Mor
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
BE IT RESOLVED, that the following appropriations be made :
$ 2,421.00 - Daniel A. Robinson & Associates, as follows :
$ 285 .00-General Fund 0200. 117 - Personnel
Policies
2, 136 .00-Utility Fund #1300. 118 - SWCB Suit
12,311. 25 - Bengtson-DeBell, Inc . , as follows:
$2, 351. 25-General Fund #800. 914 - Storm
Drainage
9, 960 .00-Utility Fund #1300 . 903 - Water and
Sewer Availability Fund-Infiltration/
Inflow Analysis
1,357 .50 - Johnson & Williams - Utility Fund #1300. 118 -
SWCB Suit.
603 . 92 - Dewberry, Nealon & Davis - 1971 Bond Fund -
Fisher-Bishop Project.
1,500 .00 - Municipal Code Corporation - General Fund
#200. 119.
11,670.68 - Lynchburg Foundry - Utility Fund #1300. 915 -
New Line Rt. 7 By-Pass Pipe, fittings - Water
and Sewer Availability Fund.
150.00 - James F. Tyler - Utility Fund #1300. 913 -
Appraisal-Well Site.
34
MINUTES OF MAY 14, 1975 MEETING.
$ 751 .89 - J. V. Santmyer, Inc: , as follows :
$ 132.00-General Fund #800. 912 - Removal of
electricity from shop building torn
down.
619.89-Utility Fund #1300 . 119 - Storm dam-
age to wells.
500.00 - General Fund #200 . 105 - Advertising/Printing
(supplemental) .
500.00 - General Fund #200. 112 - Electricity, Fuel &
Oil (supplemental) .
After explanation by Mr. Devero and considerable discussion, the reso-
I
lution 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:
WHEREAS, the Town of Leesburg received three bids for the
replacement of an 8- line with a 10" sanitary sewer line
off Fairview Subdivisi m through the properties of Sorensen
and Hutchison, and
WHEREAS, William A. Hazel, Inc , submitted the lowest accept-
able bid,
NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is
authorized to award the contract to William A. Hazel, Inc .
• • upon presentation of the Performance Bond and approval of
said bond by the Town Attorney.
After discussion, the resolution was unanimously adopted, as shown : IIAye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
On motion of Councilman Titus, seconded by Councilman Bange, the
reading of a proposed Ordinance to be entitled Chapter 20-B, Excava-
tion and Utility Line Installation, was waived by unanimous consent
of the Council. This proposed ordinance was explained by Mr. Chaves .
On motion of Councilman Titus , seconded by Councilman Bange, the fol-
lowing resolution was proposed and unanimously adopted, as shown :
BE IT RESOLVED, that a proposed ordinance to be entitled
Chapter 20-B, Excavation and Utility Line Installation,
and to be made a part of the Town Code of Leesburg, Vir-
ginia, be advertised in the Loudoun Times-Mirror on May
29, 1975 and June 5 , 1975 for Public Hearing on June 11,
1975 , and that said ordinance be referred to the Public
Works Committee .
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 salaries of Councilmen be increased
from $1,500 to $2,400 per annum, and that the Mayor ' s sal-
ary be increased from $2,400 to $3, 600 per annum, effective
May 14, 1975 , and
BE IT FURTHER RESOLVED, that the following appropriations
be made :
$675 .00 - General Fund, Acct. #100 . 101 for Council salaries
from May 14 , 1975 through June 30, 1975 .
150.00 - General Fund, Acct . #100. 102 for Mayor' s salary
from May 14, 1975 through June 30, 1975 .
35.
MINUTES OF MAY 14, 1975 MEETING .
After explanation by Councilman Rock and 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 Rock, the
following resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED, that the firm of Johnson and Williams is au-
thorized to proceed with the advertising for bids for the
drilling and testing of wells in locations selected by the
Town upon approval of such sites by the State Health Depart-
ment .
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:
WHEREAS, the Town requested from William A. Hazel, Inc . an
estimate to place a 12" water line across Route 7 at the
intersection of Fairview Avenue from the existing 8" water
line to the south right-of-way line , and
WHEREAS , William A. Hazel, Inc . by letter dated May 12,
1975 , has submitted a price of $3 ,500 for the work as an
addendum to the contract for the location of a 12" line
on Route 15 through the By-Pass of Route 7 ,
NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is
authorized to award the contract to William A. Hazel, Inc . ,
and payment is to be made upon satisfactory completion
thereof and the continuation of all insurance requirements .
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 Bange , seconded by Councilman Ridder,
the following resolution was proposed:
BE IT RESOLVED, that the Town Manager is instructed to
notify the Virginia Electric and Power Company to upgrade
the lighting system on North King Street from Cornwall
Street north, replacing the existing incandescent lights
with 7 ,000 lumen mercury vapor units, as shown on their
Plan of the Town CIR455-2229.
This was explained by Councilman Bange and discussed by Council. On
motion of Councilman Bange, seconded by Councilman Titus , the follow-
ing amendment was proposed and unanimously adopted, as shown; to be
inserted after the word "north" :
and Edwards Ferry Road from Church Street to Mayfair Drive,
' Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay : None.
The resolution, as amended, was then unanimously adopted, reading as
follows :
BE IT RESOLVED, that the Town Manager is instructed to
notify the Virginia Electric and Power Company to upgrade
the lighting system on North King Street from Cornwall
Street north, and Edwards Ferry Rad from Church Street
to Mayfair Drive, replacing the existing incandescent
36
MINUTES OF MAY 14, 1975 MEETING.
lights with 7 ,000 lumen mercury vapor units, as shown on
their Plan of the Town, CIR455-2229.
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
Councilman Titus asked that a copy of this be sent to Mr. & Mrs.
An item concerning preparation of an easement plat showing Barnes.
utility lines on the By-Pass was referred back to the Public Works
Committee .
On motion of Councilman Ridder, seconded by Councilman Titus,
the following resolution was proposed and unanimously adopted, as
shown :
BE IT RESOLVED, that the Town Manager is hereby instructed
to cut the water off between Loudoun and Royal Streets
through the property of Ewing and others , and to connect
the water service to the following residences : #103, ; 105 ,
#107 , #109, all on Loudoun Street, by making new taps and
installing the meters on the Loudoun Street side in the
right-of-way of the Town.
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:
WHEREAS, the Town is in possession of a check in the amount
of $1,405 .00 from the Laurel Brigade Inn as a Performance
Bond for the work performed on the Town right-of-way along
Wirt Street and Market Street, which work has been com-
pleted and approved by the Town, and
WHEREAS, the Town has received a check from the Laurel Bri-
gade Inn in the amount of $70. 25 , which represents 5% of
the total amount of the Performance Bond, to be posted as
a Maintenance Bond,
NOW, THEREFORE, BE IT RESOLVED, that the check for $1,405 .00
be released and the check in the amount of $70 .25 be accepted
as a Maintenance Bond.
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
Councilman Rock objected to considering an item on the Addition
concerning brick sidewalk on East Market Street and West Market Street
and the removal of trees . This item was , therefore, referred back to
the Public Works Committee.
Councilman Titus inquired as to whether the Standard Contract is
ready :and was informed that it is completed.
On motion of Councilman Rock, seconded by Councilman Newman,
the meeting was adjourned at 12 :27 A.M. on May 15 , 1975 .
/��� / r yqx
Clert o t Council