Loading...
HomeMy Public PortalAbout1975_05_28 41 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 28, 1975 . A regular meeting of the Leesburg Town Council was held on May 28, 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 a prayer being offered by Councilman Bange , and followed by the Salute to the Flag . Present were : Mayor G. Dewey Hill, Coun- cilmen Charles E. Bange, Mary Anne Newman, Herbert L. Ridder and C . Terry Titus ; also Acting Town Manager E . Wesley Devero and Town At- torney George M. Martin. Absent from the meeting were Councilmen Robert A. Orr and James A. Rock . The Minutes of a Special Meeting of April 28 , 1974 were approved as written. Miss Nancy Rogers , a resident of Edwards Ferry Road, expressed her appreciation for services rendered by Town workmen in cutting and removing brush from her property. She understood, however, that the Town ' s insurance would not cover the workmen on private property. Mayor Hill was confident that the Town 's Workmen s Compensation in- surance would cover this , but the men have been directed not to go on private property. He also felt that this would set a precedent, all residents would feel that the workmen should come onto their property to pick up brush, etc . Miss Rogers felt it would be safer in many instances for the men to go on the property, as well as the fact that there are instances where brush piled on the sidewalk and in the streets would impede traffic . Councilman Ridder expressed concern as to liability insurance to cover any damage to private property if this were allowed. After some discussion, it was felt that good common sense should be exercised in this work. Mayor Hill suggested that clarification be obtained from the Town 's in- surance carrier. Mrs . Evelyn Sutphin, of 105 E. North Street , complained about gravel on the shoulder of the road in front of her house . Her main problem was the fact that the Town ' s sweeper does not sweep this portion of the road at all , it raises the broom before it gets to this location and picks up again at the bottom of the hill at Harri- son Street . The gravel flies over in their yard, pitting the cars and generally creating a nuisance . Councilman Bange, who lives on East North Street and who travels this route, was familiar with this problem and felt the road should be extended two to three feet . Mr. Chaves explained that the gravel is too heavy for the sweeper and it sweeps only where there is curb and gutter. It was suggested that , in such a case , it would be a hand job . After discussion, it was felt that an immediate solution would be to put down paving as soon as possible and look into this matter further, with ai1i,gy tR„i,We. stalling curb and gutter and whatever else might be nee ec�. `'ray`or Hill referred this matter to the administrative and Town staff to take some action. Mr. Thomas Nails , attorney , representing Mr . Alfred Gardiner, addressed Council seeking sewer capacity for a lot owned by Mr. Gardiner on South Catoctin Circle . He explained that Mr. Gardiner is negotiating with C & P Telephone Company to construct a building to be leased for a long term to C & P. This building would be one story, approximately 100 ' x 90 ' , and to house some 42 to 50 employees . This would be an administrative facility, so would not be in operation 24 hours a day . C & P estimates a usage of 15 gpd per person for this sewage. They will not sign a contract until they have some assurance that sewer capacity will be granted for this building. Mr. Malls was seeking an allotment of this sewer capacity in order that a contract for this facility might be executed as soon as pos- sible . He quoted from the Priority List of March 28, 1973 , where- by a public facility might be allotted sewer capacity. He said this capacity would be restricted to C & P in any way Council might designate . He felt that a letter stating this matter is going be- fore a Town committee would suffice to keep negotiations alive . Mayor Hill referred to the PrioritrycfSte;ement of March 28 , 1973, at which time the Attorney Genera or irginia ruled that an al- location might be set aside for "public need, " however, this has not been definitely defined and he felt it should be. He said he would attempt to contact Mr. Ryan in the Attorney General ' s Office tomorrow. This request was referred to the Public Works Committee by Mayor Hill, with the request that a representative of C & P be present for this meeting . He said that any future commitments for water and sewer will be tied to a "time limit ." 42 MINUTES OF MAY 28 , 1975 MEETING. There was discussion concerning matters of this sort as to whether or not they should be considered by Council first and then referred to committee , or vice versa. Councilman Bange felt that they should be considered by Committee first, then back to Council. Mayor Hill felt that Council should be informed first, then referred to Committee and back to Council. However, if a request is received after Council meeting , it may be placed on a Committee Agenda for recommendation back to Council. Acting Town Manager Devero reported as follows : (1) He explained several pieces of correspondence presented to- night for Council ' s information . (2) He has prepared a list of Performance Bonds and Maintenance Bonds to be considered by Public Works Committee. (3) Two men have left the employ of the Town, one at the Sewage Treatment Plant and one at the Town Shop, and they are advertising for applicants for these jobs . He said he will make promotions at the Sewage Treatment Plant for those employees there - the grades and salaries are established. (4) He talked with Mr. Stowers of the Farmer' s Home Adminis- tration in Front Royal this afternoon to obtain information on an FHA loan grant concerning sewage works . This information will be mailed and should be here by Friday. (5) A resolution to be considered on the Addition to the Agenda concerns an appropriation for additional fence required at the Lees- burg Middle School, this being installed in accordance with an agree- ment with the School Board. Councilman Ridder commented on the high cost of electricians (2 for 2 weeks at $4, 200.00) submitted on Johnson and Williams ' esti- mate for a generator. Councilman Titus had the following items: (1) A request from Councilman Rock that weeds be cut down in Prospect Hills on Prospect Drive across from his house ; also two or three lots west of his house . He also asked if the weeds have been cut on Davis Avenue. (2) He called attention to the word "not" left out of the ad- vertisement concerning parking of vehicles in the Times-Mirror, this being a key word. Mr. Martin suggested that the paper run this as a 'Corrected Notice ." (3) The Town has received a Grant from HUD in the amount of $8 ,000 for Historic Preservation. (4) He talked with Mr. Burt today concerning the Capital Im- provements Program and hoped Council would reinstate any monies it can to get this program done this year, and with the hope that this will be taken into consideration at the Public Hearing on the Budget. (5) He suggested that Council meet with the Airport Advisory Committee before June 26th to determine what action will be taken concerning the T-hangars . Mayor Hill suggested that it be ascer- tained from the Airport Advisory Committee what date might be ap- propriate for its members . pp (6) With reference to the Park Authority's7acquisition : of the W. S: 0. D. right-of-way, he felt the Town should discuss the easements needed with VEPCO before any transaction takes place - the Town needs storm sewer easements through this property. Mr. Devero felt that VEPCO is going to retain the right-of-way. Councilman Ridder felt that they were going to merely retain the right-of-way for power transmission. Mr. Titus said he would rather see the Town get a part of this right-of-way as opposed to the Park Authority . 43 MINUTES OF MAY 28, 1975 MEETING. - (7) He asked if there is anything on the Agenda concerning the sandy wate••eqQ*oaa�ary Club Apartments . Mr. Chaves advised that he has receiveatajreporc from samples taken ftom the showers and it is felt that the gravel is coming from magnesium and calcium de- posits, which are very high from the water heaters . He said water softeners installed at the apartments would eliminate the problem, it is not coming from the wells . Mayor Hill said the greater part of this problem is with the owner. Also, if the water we are dis- charging out there is good water, then it is not our problem. Mr. Chaves said he would like to send a sample to the Lab and see just what the components are. After further discussion, it was the gene- ral consensus of Council that a reply be sent to Mrs . Cubbison, noti- fying her of the Town ' s findings . (8) He asked Council to consider the establishment of a stand- ing committee to review legal matters . Mayor Hill asked Councilman Titus to explain how this committee would work. Mr. Titus felt that certain provisions should be set out by the standing committee - it would then be sent to the law review committee to prepare and pat it in shape to be considered by the Council - it would then go back to the standing committee for reference to the Council. Both Councilmen Newman and Ridder felt that the present system with three (3) read- ings was enough for ordinances . Town Attorney Martin said he would rather work with an ordinance from its beginning, rather than the finished product. He suggested inquiring from other Towns as to how they handle ordinances . After lengtly discussion, on motion of Coun- cilman Newman, seconded by Councilman Ridder, the following reso- lution was proposed: BE IT RESOLVED, that a Legislative Committee be set up for the purpose of drafting ordinances , processes of litigation involving the Town and reviewing Acts of the General As- sembly. Councilman Bange voiced his objections to such a committee - he did not approve of a committee working in the background. Councilman Titus pointed out that this committee would only function at the direction of the Council or a committee . The resolution was then adopted by a vote of 4 to 1, as shown : Aye : Councilmen Newman, Ridder, Titus and Mayor Hill . Nay : Councilman Bange . Mayor Hill appointed to this Legislative Committee the Chairmen of the Public Works and Finance and Administration Committees, the Town Attorney and the Town Manager, with the understanding that this Com- mittee only functions at the direction of the Committees or the Council. Councilman Newman had the following items : (1) She has received a complaint from a business man on South Catoctin Circle concerning street lights - there are only two on the entire street between King Street and Market Street and both of these are within a stone 's throw of each other. Councilman Titus said the Chief of Police has discussed briefly with him the same situation on Plaza Drive . At the suggestion of Councilman Bange, this matter was referred to the Public Works Committee for study and report back to Council. (2) She has received two complaints concerning the fact that parking has been removed from Wirt Street across from the Methodist Church. In both cases , the main complaint seemed to be the fact that there was no place to park in the lot , with both persots receiving tickets . Neither of. these ladies was complaining about the tickets , but they felt the need for the parking on Wirt Street. Councilman Ridder said he had also received such a complaint. Councilman Bange felt that part of the problem could be confusion due to the installa- tion of the meters in the parking lot . Council did not desire to take any action on this problem at this time. • 44 MINUTES OF MAY 28 , 1975 MEETING. (3) She has received a complaint from several people concerning the parking lot . She asked why the Police cars park in the prime spaces? Several of these people have suggested parking the Police cars out- side the office and employees parking on the perimeters . Councilman Titus suggested opening up the space behind Dr. Jackson 's building for parking. Mayor Hill said this is a problem of space and it is hoped that the committee under the Comprehensive Plan on space needs might be able to solve at least a part of this problem. Councilman Bange had the following items: (1) He asked that Mr. Devero secure the cost of street lights on Catoctin Circle for the Public Works Committee meeting. Mr. Chaves said these lights are usually 7 ,000 lumen, however, no study has been made . (2) He advised that the weeds have not been cut for the last three years in Exeter Hills, even though letters have been sent to Mr. Phillips . Mr. Devero advised that a committee canvassed the en- tire Town and letters were prepared. There were so many complaints after a part of them went out that the remainder were not sent. He asked that Council back up the office if these letters are to be sent . These people were given 21 days to comply with the ordinance . The same crew will canvass these areas again and, if they have not been cleaned up, more letters will be sent out . The Town may be faced with cleaning up a large portion of the Town , which will take quite a while. Mayor Hill called attention to the letter that was sent to the Lutheran Church , which was read to the congregation by Mr. Ridder. The Church is dealing with the situation the best it can. Councilman Titus said he would like to see the Town look like a golf course next year at this time , and he felt the citizens should get used to the fact that they must keep their lots cleaned off. Mayor Hill said he understood there was no discrimination shown by the Town Office in sending out these letters . Mayor Hill referred to a letter received from Mr. Green of 21 North Wirt Street, presenting a solution to the traffic problem at the corner of Cornwall and Wirt Streets . He referred this letter to the Public Works Committee for action and suggested that Mr. Greene be invited to attend the meeting when this comes back to Council. On motion of Councilman Bange , seconded by Councilman Newman, the following resolution was proposed: WHEREAS , a request by Manor Care , Inc . has been received for the connection of the proposed nursing home to the Town sewer system, and WHEREAS„ it,•is the feeling of the Council that the con- struction of said nursing home is fulfilling a public need, NOW, THEREFORE, BE IT RESOLVED, that Manor Care, Inc . be granted 9,000 gallons per day capacity, in accordance with Category #3 of the Priority List of March 28, 1973 , and BE IT FURTHER RESOLVED, that this approval is granted, provided the site plan is submitted on or before Decem- ber 15 , 1975 , and that construction will commence 30 days after Town and County approval, and connections to the system will be made 12 months after construction begins , and the facility is opened by April 1977 . Councilman Bange explained that the Public Works Committee, after listening to Mr. Rubinger, felt that this facility meets the "public need" under Category 3 of the Priority List. Mr. Rubinger explained the rough time table he has submitted to the Town. To the question asked by Councilman Newman, Mr. Rubinger stated that their Certifi- , cate of Need has been extended to October 25 , 1975 , with the stipu- - lation that they will be under construction or on their way to it for further extension. Councilman Titus had several provisions he felt should be included in the resolution. After lengthy discussion, 45 MINUTES OF MAY 28, 1975 MEETING . Mr. Rubinger said if they could assume they were going to get this capacity, they could proceed on this basis. Mayor Hill unofficially polled the members to ascertain their feelings , with the result being 4 for a revised resolution and one (1) with reservations. On motion of Councilman Ridder, seconded by Councilman Newman, the resolution was unanimously referred back to the Public Works Committee, as shown, with Councilman Titus suggesting that similar language to that used concerning the School Board' s Vocational-Technical Center be incor- porated in the revised resolution. Aye : Councilmen Bange , Newman, Ridder, Titus and Mayor Hill. Nay : None . , On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was proposed and unanimously adopted, as shown : WHEREAS, James W. Ritter, Jr. has retired as Town Manager for the Town of Leesburg on March 31 , 1975 , and WHEREAS, Mr. Ritter is to be recognized for his twelve years of continuous service to the Town of Leesburg, and WHEREAS, he has given many hours of his time and knowl- edge to the scores of problems arising in connection with his duties as Town Manager, and WHEREAS, he has served the Town of Leesburg faithfully in carrying out his duties as Town Manager and is to be highly commended for his honesty, sincerity, integrity and high regard for his sense of obligation toward all with whom he has come in contact during his tenure as Town Manager, NOW, THEREFORE, BE IT RESOLVED, that the Mayor, Members of the Town Council and the Administrative Staff of the Town of Leesburg wish to express their sincere thanks to Mr. Ritter for a job done par excellence and to wish for him a future filled with happiness and success . Mayor Hill explained that , although a Certificate .conveying this reso- lution was presented to Mr . Ritter at the last :Council meeting, he failed to have the resolution adopted by Council. He requested that a copy of this resolution be sent to Mr. Ritter, with his apologies. Aye : Councilmen Bange , Newman, Ridder, Titus and Mayor Hill. Nay: None . On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown: WHEREAS , C. Stanley Reed has resigned from the Leesburg Planning Commission after having served as a member since January 1 , 1965 , and WHEREAS , Mr. Reed should be recognized for his ten years of continuous service as a Commissioner, NOW, THEREFORE, BE IT RESOLVED by the Leesburg Town Council, that the Mayor and members do hereby express their sincere thanks to C. Stanley Reed for his service to the Town as a member of the Leesburg Planning Commission from January 1, 1965 to April 22 , 1975 , and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded by the Clerk of the Council to C . Stanley Reed. Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill. Nay : None . On motion of Councilman Titus , seconded by Councilman Newman, the following resolution was proposed and unanimously adopted, as shown: 14. 1 • Administrative-Clerical Group Grade 6 . • ACCOUNTING CLERKS GENERAL DUTIES: Principal Accounting Assistant to the Treasurer- Commissioner of Revenue; records the daily transactions, maintains expenditures and revenue ledgers, and acts as . Assistant Cashier, under supervision of Treasurer-Commissioner - of Revenue, and related duties as . required. DISTINGUISHING FEATURES: Responsible for maintaining accurate records of . daily expenditures and revenues of the Town. Duties are prescribed by Manager and direct supervision is by the Treasurer-Commissioner of Revenue. Complete knowledge of all aspects of the Town' s accounting system is required. MINIMUM REQUIREMENTS: High school diploma and two years of general account- ing experience; ability to type accurately at fifty (50) words per minute; avility to operate bookkeeping machine. REPRESENTATIVE EXAMPLE OF TASKS: (Illustration Only) Prepare expenditure checks; post expenditure and revenue ledgers;. receive cash payments on behalf of the Town; issue receipts, licenses and permits; handle phone inquiries concerning real estate taxes, personal property taxes, business licenses, etc; and special duties as assigned by Treasurer-Commissioner of Revenue. • • t 49. 1 • • • PRIVATE FIRST CLASS Grade: 8 • • • GENERAL DUTIES : • Enforces state laws and Town Ordinances, .performs investigations ' . and general police duties under supervision of superior officers, and related duties as required. DISTINGUISHING FEATURES:. - Private First Class perform routine law enforcement and police .• duties under direct supervision of superior officers. He will familiarize himself with the new business establishment in the Town and supply the emergency form to be filled out and have it on file in the police department. MINIMUM REQUIREMENT'S: - High School diploma, one year of responsible experience as a police officer, His philosophy must be one of dedication to the public service. • REPRESENTATIVE EXAMPLES OF TASKS: - Check places of business for emergency forms to be .filledout. Check private residences when people are away and get information on how long the residences would be unoccupied. . 52 RECOMMENDED PAY PLAN 1 Grade Increment is 77., Step Increment is 57. (rounded to $50.) Step Grade' A B C D E F G H . 1 5,350 5,600 5, 900 6,200 6,500 6,850 7, 150 . 7,550 ( 7,528) 2 5,750 .6,000 6,300 6,650 6,950 7,300 7,650 8,050 ( 8,056) 3 6,150 6,450 6,750 7,100 7,450 7,800 8,200 . 8,600 , ( 8,618) 4 6,550 6,900 7,250 7,600 7,950 8,350 8,800 9,200 . ( 9,2.23) ' 5 7,000 • 7,350 7, 750 3,100 8,500 8,950 9,400 .9,850 . ( 9,868)' 6 7,500 7,900 . 8,250 8,700 . 9,100 9,600 10,050 ' 10,550 : • (10,559) - • 7 ' .8,050 8,450 8,850 9,300 • 9,750 10,250 10,750 ' 11,300 • ' (11,298) 8 8,600 9,000 9,450 9,950 10,450 10,950 11,500 12, 100 (12,089) • 9 9,200 9,650 10,150 10,650 11,150 11,750 12,300 12;950 . - ' - (12,935) 10 9,850 10,350 10,850 11,400 11,950 12,550 . 13,200 13,850 - . (13,841) 11 - 10,500 11,050 11,600 12,200 12,800 13,450 14,100 14,800 (14,310) 12 11,250 11,800 12,400 13,050 13, 700 14,350 15,100 15,850 (15,850) 13 12,050 12,650 13,300 13,950 14,650 15,400 16,150 16,950 (16,956) 14 12,900 13,550 14,200 14,950 15,650 16,450 17,300 18,150 - (18,143) - • 15 13,800 14,500 15,200 15,950 16,750 17,600 18,500 . 19,400 • • (19,413) 16 14,750 ' 15,500 16,300 17,100 17,950 18,850 19,800 20,750 (20,771) 17 15,800 16,600 17,400 18,300 19,200 20,150 21,150 22,250 (22,225) 18 16,900 17,750 18,650 19,550 20,550 21,550 22,650 23,800 (23,781) 19 18,100 19,000 19,950 20,950 22,000 23,100 24,250 25,450 (25,446) '20 19,350 20,300 21,350 22,400 23,500 24,700 25,950 27,250 (19,348) (20,316) (21,334) (22,398) (23,516) (24,692) (25,927) (27,227) • 46 MINUTES OF MAY 28 , 1975 MEETING . - - WHEREAS, Edwin K. Cross has resigned from the Leesburg Planning Commission after having served as a member since January 1, 1967 , and WHEREAS, Mr. Cross should be recognized for his eight years of continuous service as a Commissioner, NOW, THEREFORE, BE IT RESOLVED by the Leesburg Town Council, that the Mayor and members do hereby express their sincere thanks to Edwin K. Cross for his service to the Town as a member of the Leesburg Planning Com- , mission from January 1, 1967 to March 20 , 1975 , and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded by the Clerk of the Council to Edwin K. Cross . Councilman Titus remarked that both Mr. Reed and Mr. Cross have been valuable to the Commission. The Clerk was directed to have Certifi- cates prepared and send them to these two gentlemen. Aye : Councilmen Bange , Newman, Ridder, Titus and Mayor Hill. Nay: None . Resolutions to appoint two new members to the Planning Commis- sion to fill the unexpired terms of Mr. Reed and Mr. Cross were dis- cussed, as well as appointments to the Study Committees under the Comprehensive Plan. It was felt that Council should meet in execu- tive session to discuss these matters and the date was set for June 9th at 7 :30 P.M. for the purpose of discussing personnel matters. On motion of Councilman Newman , seconded by Councilman Titus , the following Ordinance was proposed: BE IT ORDAINED, that the Town Code of Leesburg, Virginia is hereby amended by adding a section, to be numbered Section 21. 1-8. 1, which said section shall read as fol- lows : Sec . 21. 1-8 . 1. No soliciation for any raffle shall be conducted on anySunday. except within the premises owned or controlled by the organization conducting such a raffle or within the premises of any business or commercial establishment permitting such solicita- tion. After discussion, on motion of Councilman Titus , seconded by Council- man Newman, the ordinance was referred back to the Finance and Ad- ministration Committee for further study and possible referral to the Legislative Committee, the vote being unanimous . On motion of Councilman Newman, seconded by Councilman Titus, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the following job classifications and pay grades be adopted for inclusion in the Personnel Manu- al as Pages 14 . 1, Administrative-Clerical Group, and 49. 1, Private First Class , Police Department . Aye : Councilmen Bange , Newman, Ridder, Titus and Mayor Hill Nay : None . On motion of Councilman Newman, seconded by Councilman Titus , the following resolution was proposed: BE IT RESOLVED, that the following Recommended Pay Plan ' be adopted for inclusion in the Personnel Manual in place of Page 52. After explanation by Councilman Newman, the resolution was adopted, as shown: Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill. Nay: None . 47 , MINUTES OF MAY 28 , 1975 MEETING. On motion of Councilman Newman, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the following "Holidays," Section (a) and (b) , Pages 60 and 61 of the Personnel Manual, be amended to read as follows : Holidays (a) The holidays authorized to be observed are the following : New Year ' s Day January 1 Lee-Jackson Day 3rd Monday in January Washington 's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day 'July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran ' s Day November 11 Thanksgiving Day 4th Thursday & following Friday in November Christmas Eve December 24 (Noon to 5 P.M.) Christmas Day December 25 (b) When a holiday falls on Saturday, it shall be ob- served on the preceding Friday. When a holiday falls on Sunday, the following Monday shall be observed. There was lengthy discussion on this resolution. On motion of Coun- cilman Bange, seconded by Councilman Ridder, the resolution was a- mended to read as follows • . and unanimously adopted, as shown: BE IT RESOLVED, that the following "Holidays ," Section (a) on Page 60 of the Personnel Manual, be amended to read as follows : Holidays (a) The holidays authorized to be observed are the following : New Year ' s Day January 1 Washington 's Bir:hday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Veteran ' s Day November 11 Thanksgiving Day 4th Thursday in November Christmas Eve December 24 (Noon to 5 P.M. ) Christmas Day December 25 Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill. Nay : None . On motion of Councilman Newman, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made : $12,775 .26 - Perry Engineering - Fisher-Bishop Project, 1971 Bond Fund. 2, 900 .00 - William A. Hazel, Inc . - Storm Sewer Relo- cation-Pizza Hut, General Fund #800. 914 . 1, 120.50 - Ottinger, Nalls and Chamblin - Legal Fees- Town v. Hutchison - Utility Fund #1300. 113. 8 ,653 .00 - Insurance - General Fund #200. 101 (supplemental) 48 MINUTES OF MAY 28, 1975 MEETING. $ 31 .36 - Bank Service Charge - General Fund #1100. 108 (supplemental) . 58. 61 - Bank Service Charge - Utility Fund #1500. 108 (supplemental) . After explanation by Mr. Devero, the resolution was unanimously a- dopted, as shown: Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Bange, the following resolution was proposed: WHEREAS, a grant in the amount of $5 ,000 was made to the Loudoun County Chamber of Commerce, and thereafter assigned to the Town of Leesburg by the Virginia Landmarks Commission, toward the restoration of the log cabin, with the provision that work be started on this project prior to January 1976, and WHEREAS, a matching amount of $5 ,000 has been appropriated for this work by the Loudoun Restoration and Preservation Society, NOW, THEREFORE, BE IT RESOLVED, that an amount of $5 ,000 is hereby appropriated by the Town Council for the Town of Leesburg to the Loudoun Restoration and Preservation Society in order that construction may be started on the restoration of the log cabin, with the hope that donations from interested citizens and civic organizations might - enable the completion of this restoration by the 1976 Bicentennial Celebration. Mrs. Newman explained that the Committee felt that, since the Town owns the log cabin, it might be a good idea if the Town would evi- dence some interest in the restoration of it. Mayor Hill had seve- ral remarks concerning this contribution. He stated that the So- ciety will receive $15,000 from the insurance company for the old Ordinary on West Market Street. There was also discussion concern- ing the $8,000 Grant from HUD, as to whether or not this appropria- tion might be considered toward matching funds, with Mr. Devero to check this out. The resolution was then unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill . Nay : None. On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed : WHEREAS, a petition has been received from the developers of Exeter Hills, Sections 4 and 5 , requesting that they be placed on the August 14, 1974 Priority List for water and sewer connections , • NOW, THEREFORE, BE IT RESOLVED, that Exeter Hills , Sections 4 and 5 , be placed on the August 14 , 1974 Priority List, ef- fective May 8 , 1975 . After explanation by Councilman Titus , the resolution was unanimously adopted, as shown : Aye: Councilmen Bange , Newman, Ridder, 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 be authorized to advertise for bids for the replacement of 181 linear feet of existing sidewalk with the same amount of curb and gutter and brick sidewalk on East Market Street east of 49 MINUTES OF MAY 28, 1975 MEETING. the intersection of Church Street, and for the placement of 278 square yards of brick sidewalk and the replacement of a concrete driveway entrance on West Market Street west from the intersection of Liberty Street, and BE IT FURTHER RESOLVED, that the Town Manager is author- ized to contact Lee Rodgers of VEPCO for the removal of two (2) trees at the location on East Market Street at the intersection of Church Street . Mr. Chaves explained that the driveway entrance to be replaced is that of Mr. Winslow Williams and that the entrance is not wide enough. Councilman Titus (speaking on behalf of Councilman Rock) asked if the Town would consider bidding on the two trees to be removed. Mr. Chaves said that VEPCO will be taking the trees down at no cost to the Town since the Telephone Company has requested that they either be removed or topped. After discussion, it was decided that the trunks of the trees should be delivered to a Town lot, after which time the Council may decide what should be done with them. The resolution was then unanimously adopted, as shown : Aye : Councilmen Bange , Newman, Ridder, 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 authorized to contact the Health Department to obtain a ruling on the health, safety and sanitary conditions of a burned-out structure owned by Mr. Herbert Bryant on Harrison Street, and BE IT FURTHER RESOLVED that, upon receiving information from the Health Department , the Town Manager is author- ' ized to contact Mr. Bryant, citing the pertinent ordi- nances and information received from the Health Depart- ment, and requesting that he clean up the aforementioned site of all debris and overgrowth of vegetation within 30 days of receipt of communication. Councilman Bange reported he had been contacted concerning this prob- lem by a resident on Harrison Street . After discussion, the reso- lution was unanimously adopted, as shown: Aye : Councilmen Bange , Newman, Ridder, Titus and Mayor Hill. Nay : None. On motion of Councilman Titus , seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that DeLashmutt Associates be engaged to prepare an easement plat covering the utilities , sanitary sewer, storm sewer and water lines from the south line of Parcel B, Huntland Homes Subdivision, Section 1, to the north right-of-way line of the By-Pass , and BE IT FURTHER RESOLVED, that DeLashmutt Associates be en- gaged to prepare as-built plans of utilities, sanitary sewer, storm sewer and water lines and curb and gutter and sidewalk of Huntland Homes , Section 1, in accordance with their proposal of May 5 , 1975 . Discussion followed concerning the proposed fee for this work, as well as various methods of computing these fees by other engineer- ing firms. The resolution was then xxxxsxxxx*N adopted, as shown: Aye : Councilmen Bange , Newman, Rzixx; Titus and Mayor Hill. Nay: Councilman Ridder. On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed : WHEREAS, a request has been received from Morven Park Equestrian Institute for a connection to the sanitary sewer system of the Town, 50 MINUTES OF MAY 28 , 1975 MEETING. NOW, THEREFORE, BE IT RESOLVED that, upon the advice of the Town Attorney and in compliance with Council resolu- tion of February 12, 1975 that no further requests will be entertained by the Town for sanitary sewer and water con- nections outside the corporate limits , this request from Equestrian Institute is hereby denied. After explanation by Councilman Titus , the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Ridder, 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 authorized to write a letter to Mr. D. R. Askew, Resident Engineer, Warrenton, Virginia, Department of Highways, expressing that the Town does not desire to participate in the pave- ment marking demonstration program. After discussion, the resolution was unanimously adopted, as shown : Aye: Councilmen Bange, Newman, Ridder, Titus and Mayor Hill. Nay : None. There was discussion concerning the amount set aside by the County in its Budget for Parks and Recreation. It was felt that Leesburg should be represented at the- County 's Public Hearing on the Budget in connection with this appropriation. Mayor Hill ap- pointed Councilman Titus to speak on behalf of the Town. There was also some discussion on the Soil Erosion Ordinance proposed to be adopted by the County. Mayor Hill appointed Coun- cilman Titus to represent the Town at the Public Hearing on this Ordinance . On motion of Councilman Titus , seconded by Councilman Newman, the following resolution was proposed: WHEREAS, the Town Council, on March 12 , 1975 , adopted a resolution authorizing Lee Fence Co . to install 270 feet of 9-gauge link fence , 4 feet high, along the paved drain- age ditch constructed along the west property line at Lees- burg Middle School, at a cost of $862.00 and WHEREAS, as a result of a meeting with Mr. Tom Sullivan of Lee Fence Co . on the morning of May 27 , 1975 , it was found that , in order to comply with the School Board' s request, it would be necessary to increase the footage 18 feet and one end post, for an additional cost of $52.00, NOW, THEREFORE, BE IT RESOLVED, that an authorization of • $52. 00 is hereby approved. Mr. Chaves explained the necessity for this additional fencing. Mr. Timberlake explained that the amount of $862.00 was formerly author- ized, but not appropriated. On motion of Councilman Titus , seconded by Councilman Ridder, the following amen&nent was proposed and unani- mously adopted, as shown: NOW, THEREFORE, BE IT RESOLVED, that $914.00 is hereby ap- propriated. Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill. Nay: None . The resolution, as amended, was then unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill. Nay : None . 51 MINUTES OF MAY 28 , 1975 MEETING. • On motion of Councilman Newman, seconded by Councilman Titus , Council voted unanimously to go into e*ecutive session to discuss personnel and legal matters at 11 : 22 P.M. Council reconvened at Midnight. • On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown : WHEREAS, there is a pressing need to increase the supply of water available to the Town water system; and WHEREAS, a survey by geologists indicates there is a poten- tial source of water under the surface of the area owned by Hakim Associates in the Town of Leesburg, Virginia, described on plat made by DeLashmutt Associates, dated April 1975 ; and WHEREAS, an offer to purchase the area for location of a well and appurtenances, together with an easement of ingress and egress and for installation of utilities , has been made to Hakim Associates by letter dated May 16 , 1975 , for the sum of Three Thousand Dollars ($3 ,000) ; and WHEREAS, the said offer was rejected at a conference with the Town .Manager and Public Works Committee on May 28, 1975 , and a counter-proposal was made by Hakim Associates contain- ing the following terms : (1) Dedication to and construction by the Town, according to Town Standards , a street 180 feet in length extend- ing from the end of Roanoke Drive southwesterly. (2) Payment by the Town for water taken from the proposed well until sanitary sewer capacity becomes available to the entire tract of land owned by Hakim Associates. (3) Guaranteeing to allocate full sewer capacity for Hakim Associatesproperty when sewer capacity becomes avail- able, with the understanding that all payments for water would cease when such capacity becomes avail- able, and Hakim Associates , at that time , would convey the well site in fee simple to the Town; and . WHEREAS, the Council has determined that the counter- proposal is unacceptable for several reasons , two of which would be the cost of construction of the street and cost of purchase of water over an indeterminate time period; and WHEREAS, a public necessity exists to acquire the fee simple in the well site and a perpetual easement for ingress and egress thereto and the installation of public utilities therein, and an essential public convenience requires early entry in order to let the contract for drilling the well on said site ; BE IT, THEREFORE, RESOLVED, that the Town Attorney be, and he is, hereby directed to institute condemnation proceed- ings to acquire , on behalf of the Town, the well site and said easement from Hakim Associates, and to obtain entry there- on at any time after the filing of the Town ' s petition for condemnation and prior to the determination and deposit of the award of just compensation, or early entry thereon, pur- suant to Section 25-46 . 8 of the 1950 Code of Virginia, as amended. Aye : Councilmen Bange , Newman, Ridder, Titus and Mayor Hill Nay : None. On motion of Councilman Newman, seconded by Councilman Bange, the meeting was adjourned at 12: 10 A.M. , May 29, 1975 . it:744k/l g • / ad /V.34.j Clerk of • e Council