HomeMy Public PortalAbout1975_06_11 52
MINUTES OF-REGULAR-MEETING OF LEESBURG TOWN COUNCIL, JUNE 11, 1975 .
A regular meeting of the Leesburg Town Council was held on
June 11, 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 Councilman Orr offering the prayer, followed by the Sa-
lute to the Flag. Present were : Mayor G. Dewey Hill, Councilmen
Charles E . Range, 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 May 14, 1975 and a special meeting of May 19,
1975 were approved as written. The Minutes of May 28, 1975 were cor-
rected by Councilman Titus , as follows :
Page 42, first line of Item (6) at the bottom of the page - The
word "acquiescense" should read "acquisition."
Page 49, the last vote on the page should read "The resolution
was then adopted, as shown :
Aye : Councilmen Bange, Newman, Titus and Mayor Hill
Nay : Councilman Ridder. "
These minutes were then approved, as corrected.
Councilman Rock commented on the fact that there was not a quorum
for the meeting called by the Mayor for June 9, 1975 . Mayor Hill
stated that the Planning Commission recently had the same problem.
Councilman Titus had the following items :
(1) He asked Council to express its opinion on the street light-
ing requested on South Catoctin Circle. He felt that this is a rather
large project and he questioned whether or not all of it needs to be
done at this time . He said that Dry Mill Road was the next project
to be done. Councilman Rock felt that the only place a light was
needed at this time is in front of the Rescue Squad Building.
(2) He was surprised to see the Revenue Sharing Proposed Ex-
penditure and Plan Use Report advertised in the newspaper without
Council having directed that this be done. He felt . that Council
has the authority to have this done and, if the Federal Revenue Shar-
ing requires this , then tonight would probably be the last time to
act on it. Mr. Devero said he had brought this to the Finance Com-
mittee ' s attention and it will be before Council in another six months.
The Plan- UseiReport does not require that this be directed by Council,
it is to generate public interest in this Revenue Sharing. If Coun-
cil desires to take this action, this is fine with him.
(3) He asked the status of the paving at the Rescue Squad Build-
ing. The manhole has been raised by the Town and he felt this parking
should be put in. If off-street parking is provided and all parking
is removed from Catoctin Circle, the Town can obtain maintenance
money from the Highway Department. Councilman Bange said he had been
told that the Rescue Squad was dumping and filling in the back portion
of this lot aid were told to stop because it was in the flood plain.
Councilman Newman had received a complaint about tall grass that
should be cut at the corner of Loudoun Street and Dry Mill Road.
Mayor Hill requested Council members to notify the Town Office
if they cannot be present for a call meeting, so that the meeting may
be called off if there is not going to be a quorum.
Mayor Hill opened the Public Hearing on the Budget and Tax Levy
at this time, stating that both have been properly advertised in the
newspaper.
•
Mr. David Greene , representing a committee to .build a Community
Center in Leesburg, thanked Council for appearing before the Board
of Supervisors in support of their $25,000 budgeted for this pur-
pose. He said this committee .is now preparing an analysis of what
families want in this community center. He thanked Council for in-
cluding $10,000 in their Budget for such a purpose if the committee
is successful in this endeavor.
53
MINUTES OF--JUNE 11, 1975 MEETING. . - -
Mr. Eugene Barber asked for an explanation of Other Local Taxes
in the Summary of Revenues for 1975-1976 . Mayor Hill explained that,
as of July 16th of this year, the Town will be accepting into its
revenue system a utility tax that has been collected by the County
in the past, and to which . the Town is entitled. This is not another
tax, but the same amounts that have been paid by the taxpayers on
utilities to the County. This is estimated to be an additional
$150,000. The $31,000 is a bank stock tax, which the Town has been
collecting in the past, and this makes up the $181,000 to which Mr.
Barber referred.
Mr. Summerfield Tillett asked if the garbage and trash charge
would be taken oft of the utility bills in light of this utility tax.
Mayor Hill said it is the intent of Council to repeal this charge,
hopefully.
' Mayor Hill explained that the Budget this year is more detailed
and informative than it has been in the past. He said a copy may be
obtained at the Town Office by interested parties.
Mayor Hill declared the Public Hearing on the -Budget closed at
this time and opened discussion to Council members .
Councilman Titus thought there was an item budgeted for the
Board of Architectural Review for a Seminar to be held this summer
at Oatlands on historical preservation and restoration. Mr. Devero
stated that dues and subscriptions had been raised from $25.00 to
$150.00 - this would take care of this Seminar. .
Councilman Titus hoped that Council would include an amount of
$15,000 for the Capital Improvements Program in view of the fact
that the 701 Grant is in the amount of $8,000 and is for historic
preservation. Mr. Devero explained that this amount would be. .
$12,000, this including the Town ' s matching share of $4,000. He
further -explained that this. $12,000 could be included in the
$25,000 proposed expenditure under Operations and Maintenance, De-
ll partment of Community Development, thus leaving $13,000 for the
Capital Improvements Program. By general consent of the Council, -
the Budget was changed to reflect this change on Page 16, Account
Code No. 265 - this amount reading $27 ,000. _
Councilman Rock was opposed to the manner in which the Utility
Tax was handled - he would have preferred that this amount be added
to, Personal Property taxes, where it would have been -tax deductible
by the taxpayer.
A Public Hearing on Amendments to the Subdivision and Zoning
Ordinances was opened by Mayor Hill at this time. Mr. Forbes ex-
plained that these proposed amendments will provide that the pro- _
rata share of off-site improvements will be paid by a developer or
a subdivider. This has been a policy of the Town for some time.
Mr. - John A. Wallace, co-owner of Leesburg 'Plaza. Shopping Center,
stated that he had previously written a letter to Council concerning
these proposed amendments . He felt that it is- not fair to make the
developer the sole payee of these expenses when many other factors
are involved. He felt that the Town should assume its pro-rata share
of these costs for the area included in already developed watersheds.
If the entire cost is thrown at the developer, then he has to pass
these costs on and this increases inflation. A developer builds
for the public need and the Council is supposed to protect the public.
Councilman Titus pointed out that Section 9B-3 (c) provides for the
Town to take care of its share at the time of construction. This
can only be done through the CIP or through an escrow fund. If the
Town changes the zoning on any area not developed as the Comprehensive
Plan shows, then it does, in fact, make a difference in the cost.
Mr. Titus said he agrees with Mr. Wallace that a registered profes-
sional engineer should make these computations. A study is under
way to require this and it will be up-dated every six months. Mr.
Wallace asked how long the Town expects to keep this money. Mr.
Titus said it will 'come out when the Town constructs its part of
the project. Mayor Hill asked Mr. Wallace if he feels that this
off-site charge is improper. Mr. Wallace 'said he thought everybody
54
MINUTES OF JUNE 11, 1975 MEETING. .
should be responsible for paying for the development of storm drain-
age on his own site, but he feels the off-site drainage is the gene-
ral taxpayer' s problem, not just that of the developer. He felt
that the portion of any land that is in a flood plain should be com-
puted - you don ' t build in a flood plain. Councilman Rock said it
should be computed on the basis of the worst possible thing that
could happen in the development of the watershed. Mr. Wallace felt
that a builder should not be allowed to build in an area where there
might be flood damage. He felt that a 100-year storm drainage would
be a sufficient level to use. Mayor Hill said there is a flood plain
study delineating this area and they will attempt to follow this in-
sofar as zoning is concerned. Mr. Wallace still felt that the de-
veloper
should pay for his own land, but not for somebody else ' s.
He felt that a buyer should be aware of the fact that his land might
be in the flood plain area, and should avoid buying land in such an
area. Councilman Ridder pointed out that the man who develop;s,i up-
stream causes problems for the man downstream. He did not feel it
is fair for the man downstream to have to pay for these problems
created by the man upstream. He felt the developer should pay his
fair share of the increase in run-off that he is creating by his
own development. Mayor Hill said he had read Mr. Wallace 's letter
with great interest, although he does not agree with it. As to
Mr. Wallace ' s comments in his letter concerning a reduction in a-
vailability fees , Mr. Titus pointed out that the Town does have to
pay for a portion of its new sewage treatment plant, and the Town
has not abandoned completely its plans to go to the Potomac for
water. However, this has been reviewed and is under advisement at
this time.
Mayor Hill declared the Public Hearing closed at this time.
The Public Hearing on parking vehicles in excess of 7800 pounds
G.V.W. on the streets in the municipality was opened by Mayor Hill.
He explained that complaints have been received concerning the park-
ing of large trucks on the streets in residential areas and Council
is attempting to correct this situation with this proposed ordinance.
Councilman Titus offered an amendment, to be added to the second
paragraph at the end "provided all other sections of the Town Code
are met ."
•
Mr. Eugene Barber said the only way of transporting anything
into Town today is via tractor-trailer truck. He felt that drivers
of out-of-State trucks may desire to sleep, not knowing of the Town' s
ordinance, and may be ticketed for parking on the Town s streets ,
and he felt that perhaps a warning might be in order in such a case.
Mayor Hill said he felt "that the Police would be lenient in such a
case.
a Mr. Jean Chamblin, and a resident of Madison Court, said there
is/45-passenger converted school bus (red in color) parked outside
his house. This bus has been there for two months . On asking the
custodian of this bus to move it , he says he will, but it still has
not been moved. He has asked the Chief of Police to have it moved
and he says there is no Ordinance to cover this problem. He asked
Council to give consideration to this proposed ordinance and thus
get this bus moved. He added that this bus belongs to the Baptist
Temple Church and they meet at the high school. The bus is moved
for about two hours once a week and, when it ismoved, they bring
their cars and park them in place of it so he can ' t get a car in
the space while they are away with the bus .
Mr. Buddy Brewer asked if this applies to school busses. Mr.
Titus said it applies to anything over 7800 pounds.
Mr. Bill Ahalt said he is Mr. Chamblin's neighbor and he too is
tired of looking at this bus.
Mayor Hill declared this Public Hearing closed.
A Public Hearing was held at this time on the proposed Excavation
and Utility Line Ordinance , with Mr. Devero stating that the purpose
of the Ordinance is (a) to facilitate the protection of persons and
property from death or injury which may result from the destruction
of, or damage to underground utility lines during excavation or demo-
lition, and (b) to protect the health, safety and general welfare of
55
MINUTES OF JUNE 11, 1975 MEETIbG. .
the community by preventing the interruption of essential services
resulting from the destruction of, disruption of, or damage to under-
ground utility lines during excavation or demolition. He said that,
throughout Virginia, there is a move to adopt a uniform ordinance
in municipalities and counties and perhaps there may be some new
State legislation requiring this . Since the adoption of this. Ordi-
nance by Fairfax County, there have been questions raised on some
points, however, these are only to the betterment of the ordinance.
Contractors and utility companies feel that this is a good ordi-
nance and that it will reduce accidents and mishaps.
Mayor Hill recognized Mr. Fox from the Washington Gas Light
Company, who introduced Mr. Patrick Clark, Superintendent of Dis-
tribution, with offices in Springfield, Virginia.
Mr. Clark said his Company has reviewed the ordinance proposed
and it is felt that this is an excellent ordinance. They have had
experience with other areas in Maryland Virginia. Fairfax County
and Alexandria have recently adopted legislation concerning excava-
tion. Since the passing of such legislation and the movement of
the "Miss Utility'.' organization into Virginia , Washington Gas has
seen marked decreases in the number of dig-ins into its mains and
service lines. As a member of the "Miss Utility" committee , he has
had the opportunity of talking with members of VEPCO and C & P Tele-
phone Company and they have also realized a similar decrease in
dig-ins and interruptions of their utilities and facilities to home-
owners and businesses . They whole-heartedly support this legisla-
tion. They have suggested some few amendments relating to the
marking of site plans , which all of the utility companies have been
doing for a number of years. However, they do feel that house ser-
vice laterals where they do not have good locations (and neither do
VEPCO and C & P) would be most difficult to show on any type of
site plan. In fact , these have been excluded from the Alexandria
and Maryland legislation that has been passed. They have also
asked that pre-construction meetings relate mainly to the larger
projects, with the determination for such meetings being left to
the Director of Public Works. They also feel that there should be
some understanding in the area of training the Town 's personnel
in the handling of emergency situations that would relate to gas
or electricity. If the local Fire Department and members from the
Town 's Water and Sewer Departments would like to avail themselves
of their training facilities in Springfield, they would be happy to
give this training. The adoption of such an ordinance by other lo-
calities has had a great effect on reducing damages to their facili-
ties and those of their sister utilities. Councilman Titus felt that
the inclusion of not only existing house laterals, but proposed ones,
is a necessity. Mr. Clark said that, under this Ordinance, they
would be required to bring their crews out and paint, stake and
mark any existing facilities in advance of construction. They have
been providing this service for a good many years. In the case of
new facilities, this same procedure would be followed and they would
call the other utilities to do this also. The difficulty lies with
the requirement to mark these facilities on a site plan. A .con-
tractor would probably take this site plan to be completely accu-
rate, although it is possible that the grading could have changed.
If he'goes ahead on the basis of the site plan, they might hit a gas
line . They would prefer a positive system, whereby they would bring
their own crews out and tie down their lines on the site. Mayor
Hill said he would like to see members of the Fire _Department and
Town crews avail themselves of the training mentioned by Mr. Clark.
In this way, there would someone to control an emergency situation
until the Gas Company could get here . Mr. Clark commented on the
problems involved without '.trained personnel and felt that such
training would be mutually beneficial.
Mr. James Griffith, local Manager of C & P Telephone Company,
asked that Council postpone action on the Ordinance until its next
meeting in order that they might review it. They are in favor of
the ordinance and feel that it would be helpful for their company,
as well as for their customers .
Mayor Hill declared this Public Hearing closed at this time.
56
MINUTES OF JUNE 11, 1975 MEETING..
Councilman Titus agreed with Mr. Griffith 's statement, he felt
there were several problems to be discussed before the adoption of
this ordinance . It speaks of "revocation of license, " there is
none. He would like to have a meeting with the utilitrt,c companies
and get more input. This ordinance speaks only to underground utili-
ties , and he thought VEPCO would be interested in overhead lines too.
He did not know whether an ordinance of this type could be enforced.
On motion of Councilman Orr, seconded by Councilman Newman, the
following resolution was adopted, as shown:
BE IT RESOLVED, that the Proposed Budget for 1975-1976 be
and the same is hereby adopted.
A copy of said Budget may be seen in the Town Manager's office.
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Hill.
Nay: Councilman Titus .
On motion of Councilman Ridder, seconded by Councilman Bange,
the following Ordinance was proposed and adopted, as shown:
BE IT ORDAINED, that the following taxes be and .they are
hereby levied for the fiscal year beginning July 1, 1975
and ending June 30, 1976 for the support of the municipal
government, the payment of interest on municipal debts
and other purposes as follows :
1. The tax on all taxable real estate shall be at the
.rate of One Dollar ($1.00) on every One Hundred Dol-
lars' ($100.00) of the assessed value thereof.
2. All tangible personal property, excepting therefrom
the classes of household goods and personal effects
classified in Section 58-829. 1 of the 1950 Code of
Virginia, as amended, and including the tangible
personal property separately .classified by Sections
58-829.2 and 58-829.3 of the Code of Virginia, shall
be taxed at the rate of One Dollar ($1.00) on every
One Hundred Dollars ($100 .00) of the assessed value
thereof.
3. All tangible personal property of all railroad, ex-
press, telegraph, telephone, power and other public
service corporations shall be taxed at the rate of
One Dollar ($1.00) on every One Hundred Dollars
($100.00) of the assessed value thereof, and tax-
able real estate of said public service corporations
shall be taxed at the rate of One Dollar ($1.00) on
every One Hundred Dollars ($100.00) of the assessed
value thereof.
4. The tax on all bank stock subject to taxation within
the Town of Leesburg shall be at the rate of Eighty
Cents ($ .80) on each One Hundred Dollars ($100.00)
of the taxable value of the share of the stock in
any bank located in the Town of Leesburg, subject
to the provisions of Section 58-476. 2 of the 1950
Code of Virginia, as amended.
5 . Any person who shall fail to pay to the municipal
treasurer on or .before December fifth of each year
the personal property and real estate tax then due
and payable , shall pay a penalty of ten percent on
the amount of the unpaid tax, and interest at the
rate of eight percent per annum shall be collected
upon principal and penalties of all such taxes and
levies remaining unpaid from the first day of Janu-
ary of the year next following the assessment year.
Aye : Councilmen Bange, Newman, Orr, Ridder, Titus and
Mayor Hill.
Nay : Councilman Rock.
57
MINUTES OF JUNE 11, 1975 MEETING. '
On motion of Councilman Titus , seconded by Councilman Rock, the
following Ordinance was proposed, with the reading of the amendments
being waived:
WHEREAS, the Town Council of the Town. of Leesburg, Vir-
ginia hitherto, at a regular meeting held on September
25, 1974, initiated the following amendments to the
Leesburg Zoning Ordinance , and
•
WHEREAS, the said amendments have been processed in ac-
cordance with the provisions of Article 11 of the Lees-
burg Zoning Ordinance and Article 8, Chapter 11, Title
15 . 1 of the 1950 Code of Virginia, as amended, and
WHEREAS, it has been determined that such amendments are
in the best interest of the Town of Leesburg, Virginia,
NOW, THEREFORE, BE IT ORDAINED by the Town Council for
the Town of Leesburg, Virginia, that the Leesburg Zoning
Ordinance be and the same is hereby amended as follows :
Amend the Leesburg Zoning Ordinance by adding subsequent to
the period at the end of Section 9A-7-4, a new Article as
follows :
ARTICLE 9B - PRO-RATA SHARE OF COSTS
FOR SEWERAGE AND DRAINAGE FACILITIES
9B-1 Purpose and Intent . The purpose and intent of this
Article is to require a subdivider or develeper-
of land to pay his pro-rata share of the cost of pro-
viding reasonable and necessary sewerage and drainage
facilities, located outside the property limits of
the land owned or controlled by him, but necessi-
tated or required, at least in part, by the construc-
tion or -improvement of his subdivision or develop-
ment.
9B-2 Establishment of a Sewerage and Drainage .Improvement
Program. When directed to do so by the Town Manager,
the Director of Public Works or his designee shall
study and compute the total estimated cost of ulti-
mate sewerage and drainage facilities required to
serve a drainage-shed when and if such drainage-
shed is fully developed in accordance with the a-
dopted Comprehensive Plan for the shed. The com-
putation of estimated costs shall include any en-
gineering study for the shed, and the estimated
cost of sewerage and storm drainage construction,
the engineering cost of such construction, and
easement and flood plain easement acquisition cost
where necessary. When this total cost is computed
it shall 'be updated every six months by applying
the ENGINEERING NEWS RECORD cost index factor to
the construction costs. The above study with its
attendant cost figures shall constitute the -gene-
ral sewerage and drainage improvement program for
the affected drainage shed.
_ 9B-3 Determination of Pro-Rata Share. When a general
sewerage and drainage improvement program has been
established pursuant to Section 9B-2 above, a pro-
rata share of the total cost of the program shall
be determined as follows :
(a) The estimated increased sewage flow and/or
volume and velocity of storm waterr run-off
for the drainage shed when fully developed
in accordance with the adopted Comprehensive
Plan shall be computed.
(b) The increased sewage flow and/or volume and
, velocity of storm water run-off caused by a
subdivision or development shall be computed.
58
MINUTES OF JUNE 11, 1975-MEETING.
(c) The ratio of the sewage flow and/or volume
and velocity of storm water run-off caused
by a subdivision or development to the esti-
mated total sewage flow and/or volume and
velocity of storm water run-off for the drain-
age shed, expressed as a percentage, shall be
applied to the - total cost of the sewerage and
drainage improvement program for the ' drainage
shed. The resultant figure shall be the pro-
rata share for the subdivision or development.
9B-4 Enforcement and Administration.
(a) Payment . The payment of the applicable pro-
rata share calculated pursuant to Section 9B-3
above shall be a condition precedent to the
approval by the Planning Commission of a sub-
division plat, or, where a subdivision has been
previously approved or where the subdivision of
land does not occur, prior to issuance of any
building permit for the development. A sub-
divider or developer of land may, in lieu of
the payment , establish an escrow account, pur-
suant to an escrow agreement satisfactory to
the Town Council, which account would be avail-
able to the Town upon commencement of construc-
tion of the drainage improvement program for the
drainage shed.
(b) Expenditure of Pro-Rata Funds . Payments received
pursuant to this subsection shall be expended only
for the construction of those sewerage and drain-
age facilities for which payment was required.
Until so expended payments shall be held in an
interest-bearing account for the benefit of the
subdivider or developer of land, except where
escrow accounts have been established pursuant
to paragraph (a) above.
9B-5 Definition of Pro-Rata Share. The payment made by a
subdivider or developer -of land for his share of the
cost of- providing reasonable and necessary sewerage
and drainage facilities located outside the property
limits of the land owned or controlled bythe subdi-
vider or developer of land but necessitated or re-
quired, at least in part, by construction or improve-
ment of his subdivision of development.
Councilman Titus explained that this is a policy that the Town has
been following and this is merely putting it into ordinance form.
The Ordinance 'was then adopted, as shown:
Aye: . Councilmen Bange, Orr, Ridder, Rock, Titus and
Mayor Hill.
Nay: Councilman Newman.
On motion of Councilman Titus, seconded by Councilman Rock, the
following resolution was proposed:
BE IT RESOLVED, that the Town Manager is hereby directed to
prepare requirements under Section 9B-2 of the Zoning Ordi-
nance.
Councilman Titus explained that this establishes the study itself, so
that it is readily available for consultation. The resolution was
then unanimously adopted, as shown: -
Aye : Councilmen Bange, Newman, Or-r, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
On .motion of Councilman Titus, seconded by Councilman Rock, the
following Ordinance -was proposed, with the reading of the amendments
being waived, and was unanimously adopted, as shown:
59
MINUTES OF JUNE 11, 1975 MEETING.
WHEREAS, the Town Council of the Town of Leesburg, Virginia
hitherto, at a regular meeting held on September 25, 1974,
initiated the following amendments to the Leesburg Subdi-
vision Ordinance, and
WHEREAS, the said amendments have been processed in accord-
ance with the requirements of Article 7 , Chapter 11, Title
15 . 1 of the 1950 Code of Virginia, as amended, and
WHEREAS, it has been determined that such amendments are in
the best interest of the Town of Leesburg, Virginia,
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the
Town of Leesburg, Virginia, that the Leesburg Subdivision
Ordinance be and the same is hereby amended as follows :
Amend Section IV of the Leesburg Subdivision Ordinance by
adding a new subsection subsequent to the period at the end
of the section as follows :
D. Pro-rata Share of Costs for Sewerage and Drainage
Facilities
1. Purpose and Intent
The purpose and intent of the subsection is to
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 facili-
ties , located outside the property limits of the
land owned or controlled by him, but necessitated
or required, at least in part, by the construction
or improvement of his subdivision or development.
2 . Establishment of a Sewerage and Drainage Improvement
Program.
When directed to do so by the Town Manager, the
Director of Public Works or his designee shall study
and compute the total estimated cost of ultimate
sewerage and drainage facilities required to serve
a drainage-shed when and if such drainage-shed is
fully developed in accordance with the adopted Com-
prehensive Plan for the shed. The computation of
estimated costs shall include any engineering study
for the shed, and the estimated cost of sewerage
and storm drainage construction, the engineering
cost of such construction, and easement and flood
plain easement acquisition cost where necessary.
When this total cost is computed it shall be up-
dated every six months by applying the• ENGINEERING
NEWS RECORD cost index factor to the construction
costs . The above study with its attendant cost
figures shall constitute the general sewerage and
drainage improvement program for the affected drain-
age shed.
3. Determination of Pro-rata Share
When a general sewerage and drainage improve-
1' ment program has been established pursuant to para-
graph 2 above a pro-rata share of the total cost
of the program shall be determined as follows :
(a) The estimated increased sewage flow and/or
volume and velocity of storm water run-off
for the drainage shed when fully developed
in accordance with the adopted Comprehensive
Plan shall be computed.
(b) The increased sewage flow and/or volume and
velocity of storm water run-off caused by a
subdivision or development shall be computed.
60
MINUTES OF JUNE 11, 1975 MEETING. . -
(c) The-ratio of the sewage flow and/or
volume and velocity of storm water
run-off caused by a subdivision or de-
velopment to the estimated total sewage
flow and/or volume and velocity of storm
water run-off for the drainage .shed, ex-
pressed as a percentage, shall be ap-
plied to the total cost of the sewerage
and/or drainage improvement program for
the drainage-shed. The resultant figure
shall be the pro-rata share for the sub-
division
or development.
4. Enforcement and Administration
(a) Past. The payment of the applicable pro-
rata s are calculated pursuant to paragraph
3 above shall be a condition precedent to the
approval by the Planning Commission of a sub-
division plat, or, where a subdivision has
been previously approved or where the subdi-
division of land does not occur, prior to
issuance of any building permit for the de-
velopment . A subdivider or developer of land
may in lieu of the payment, establish an es-
crow account , pursuant to an escrow agreement
satisfactory to the Town. Council, which ac-
count would be available to the Town upon com-
mencement of construction of the drainage im-
provement program for the drainage-shed.
(b) Expenditure of Pro-rata Funds . Payments re-
ceived pursuant to this subsection shall be
expended only for the construction of those
sewerage and drainage facilities for which
payment was required. Until so expended pay-
ments
shall be held in an interest-bearing
account for the benefit of the subdivider or
developer of land, except where escrow accounts
have been established pursuant to paragraph (a)
above.
Amend Section V of the Leesburg Subdivision Ordin {{�� a by adding
subsequent to the period at the end of the Section7following:
7 . Developer of Land: Any person who must submit a Site Plan
or Subdivision Plan or obtain a Building Permit prior to
the construction on, improvement to or use of a parcel of
land.
8. Pro-Rata Share : The payment by a subdivider or developer
of land for his share of the cost of providing reasonable
and necessary sewerage and drainage facilities located
outside the property limits of the land owned or controlled
by the subdivider or developer of land but necessitated or
required, at least in part, by construction or improvement
of his subdivision or development.
9. Subdivider : Any person who subdivides land pursuant to
this ordinance.
Aye : Councilmen Bange, Orr, Ridder, Rock, Titus and Mayor
Hill.
Nay: Councilman Newman.
On motion of Councilman Orr, seconded by Councilman Rock, the
following Ordinance was proposed:
BE IT ORDAINED, that the following section shall be made
a part of the Town Code of Leesburg, Virginia, to be known
as Section 13-95 . 1 of said Code :
MINUTES OF JUNE 11, 1975 MEETING. . 61
No person shall park any vehicle not powered by an internal
combustion engine on the streets or highways of the munici-
pality.
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 estab-
lishment, in which case no such vehicle shall pat: for a
period longer than ten (10) hours, provided all other
sections of the Town Code are met.
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.
There followed discussion concerning theinclusion of the word "'it
self" in the first line of the first paragraph, however, no decision
was made. Councilman Titus asked that the effective date be not be-
fore July 1 or some date henceforth in order to give the Police
Department time to give warning tickets to owners of such vehicles.
The ordinance was then unanimously adopted, as shown :
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus
and Mayor Hill.
Nay: None .
An Ordinance on Excavation and Utility Line Installation was
referred to the Public Works Committee by Mayor Hill, with this Com-
mittee to refer it to the Legislative Committee. Councilman Titus
asked that a meeting be set up with the Utility Companies, Cable TV
and the Insurance Advisory Committee.
On motion of Councilman Bange, seconded by Councilman Newman,
the following resolution was proposed: *
WHEREAS, Manor Care, Inc. proposes to build a nursing home
. within the corporate limits of Leesburg on approximately
3. 65 acres located on the east side of Morven Park Road,
bounded by the properties of Kirkpatrick, Rust and Sydnor
on the north, the property of Loudoun Memorial Hospital
on the east, the property of Flemming on the south and
Morven Park Road on the west, and
WHEREAS, Manor Care, Inc. has requested the Town of Lees-
burg to make water and sewer available to the proposed
nursing home, and
WHEREAS, the intent of the Council has been previously
expressed in approving Category 3 of the Statement of
Policy adopted March 28,, 1973 , of allocation for water
and sewer service to serve the proposed nursing home,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
the Town of Leesburg, that it intends to serve the pro-
posed nursing home with water and sewer service, subject
to the following :
(1) Approval by the Leesburg Planning Commission.
(2) The site plan for the nursing home be in conformance
with and approved in accordance with Section 9A of
the Zoning Ordinance of the Town of Leesburg. (The
. site plan shall include any and all off-site con-
struction) . -
(3) . Adequate easements for all utilities and construction
be obtained by Manor Care and deeded to the Town.
� K►.t
62 MINUTES OF JUNE 11, 1975-MEETING. .
(4) All construction to be maintained by the Town, be
subject to inspection and approval •by the Town and
deeded to the Town upon completion.
(5) That all ordinances , resolutions and policies of the
Town be complied with.
(6) That all fees required by the Town be paid in accord-
ance with the applicable fee schedules.
(7) That all necessary permits be obtained by Manor Care,
Inc .
(8) 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.
(9) That the estimate- of water and sewer needs to be pro-
vided by the Town of Leesburg is approximately 9,000
gallons per day .
(10) That construction be commenced within one (1) year of
approval of this resolution.
(11) That all feesbe paid by Manor Care, Inc.
(12) That, in the event the Certificate of Need becomes in-
validated, the capacity is forfeited, 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 pro-
posed nursing home of Manor Care, Inc .
After discussion on Items (1) and (2) , it was decided to combine the
first and second paragraphs to read as follows, with the remaining
paragraphs being renumbered:
(1) Approval by the Leesburg Planning Commission of the site
plan for the nursing home to be in conformance. . . .
On motion of Councilman Titus, seconded by Councilman Ridder, the fol-
lowing amendments were proposed and unanimously adopted, as shown:
(5) That all fees and charges required by the Town be paid
in accordance with the applicable fee schedules and
at the appropriate times .
(11) That , the Certificate of Need remain valid, 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 and ex-
clusively for the proposed nursing home of Manor Car�nc . ,
and
BE IT FURTHER RESOLVED, that non-conformance with any or all
of the above provisions shall invalidate this resolution.
•
Aye : Councilmen Bange , Newman, Orr, Ridder, Rock, Titus
and Mayor Hill.
Nay: None .
Councilman Rock said that, as he understands it, Category 3 of the
March 28, 1973 Statement of Policy is for public utilities and this
is .a private for profit corporation, not a public utility. Mr.
Devero read Category 3 from the Statement of Policy of March 28,
1973, which reads as follows : "3 . Public Service units inside
Town limits, to include , but not limited to, governmental, utility,
volunteer and hospital units. Sewer service to any public service
units outside the corporate limits will be at the discretion of
the Town Council." A roll call vote on the resolution, as amended,
is shown as follows :
Aye : Councilmen Bane, Newman, Orr, Ridder and Mayor Hill.
Nay: Councilmen ROC{ and Titus.
63
MINUTES-OF JUNE 11, 197-5 MEETING. •
The resolution, as amended, reads as follows : •
WHEREAS, Manor Care, Inc . proposes to build a nursing home
within the corporate limits of Leesburg on approximately
3.65 acres located on the east side of Morven Park Road,
bounded by the properties of Kirkpatrick, Rust and Sydnor
on the north, the property of Loudoun Memorial Hospital
on the east , •the property of Flemming on the south and
Morven Park Road on the west , and
WHEREAS, Manor Care , Inc . has requested the Town of Lees-
burg to make water and sewer available •to the proposed
nursing home , and
•
WHEREAS, the intent of the Council has been previously
expressed in approving Category 3 of the Statement of
Policy adopted March 28, 1973 , of allocation for water
and sewer service to serve the proposed nursing home,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
the Town of Leesburg, that it intends to serve the pro-
posed nursing home with water and sewer service, subject
to the following :
(1) Approval by the Leesburg Planning Commission of the
site plan for the nursing home to be in conformance
with and approved in accordance with Section 9A of the
Zoning Ordinance of the Town of Leesburg. (The site
plan shall include any and all off-site construction) .
(2) Adequate easements for all utilities and construction
be obtained by Manor Care and deeded to the Town.
(3) All construction to be maintained by the Town, be
subject to inspection and approval by the Town and
deeded to the Town upon completion.
(4) That. all ordinances, resolutions and policies of the
Town be complied with.
(5) That all fees and charges required by the Town be
paid in accordance with the applicable fee schedules
and at the appropriate times.
(6) That all necessary permits be obtained by Manor Care,
Inc .
(7) 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 .
(8) That the estimate of water and sewer needs to be pro-
vided by the Town of Leesburg is approximately 9,000
gallons per day.
(9) That construction be commenced within one (1) year of
approval of this resolution.
(10) That all fees be paid by Manor Care, Inc.
(11) That the Certificate of Need remain valid, 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 and ex-
clusively for the proposed nursing home of Manor Care, Inc .
and
BE IT FURTHER RESOLVED, that non-conformance with any or all
of the above provisions shall invalidate this resolution.
64
MINUTES OF JUNE 11, 1975 MEETING.
On motion of Councilman Titus, seconded by Councilman Newman, the
following resolution was proposed:
WHEREAS, Mr. Alfred Gardiner proposes, to build an office
building to house the local offices of the C & P Telephone
Company within the corporate limits of Leesburg on ap-
proximately 3.457 acres located on the south side of Ca-
toctin Circle, bounded by the property of J. Hildt Grubb
and South Harrison Street to the east ; N. F. Clark and
Fifer, Trustees, and Parcel D, Section Two, Virginia
Knolls to the south ; and Lot 4, Section One, Virginia
Village (Walter F . and Lillian D. Murray) to the west, and
WHEREAS, Mr. Alfred Gardiner has requested the Town of
Leesburg to make water and sewer available to the pro-
posed office building, and
WHEREAS, the intent of the Council has been previously ex-
pressed in approving Category 3 of the Statement of Policy
adopted March 28, 1973 , of allocation of water and sewer .
service to serve the offices of C & P Telephone Company,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg, that it intends to serve the proposed
office building with water and sewer service, subject to
the following :
(1) Approval by the Leesburg Planning Commission of an
application for a Commission Permit, if necessary.
(2) The site plan for the proposed office building be in
conformance with and approved in accordance with Sec-
tion 9A of the Zoning Ordinance of the Town of Lees-
burg. (The sitelan shall include any and all off-
site construction) .
(3) Adequate easements for all utilities and construction
be obtained by Alfred Gardiner and deeded to the Town.
(4) 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.
(5) That all ordinances, resolutions and policies of the
Town be complied with.
(6) That all fees and charges required by the Town be paid
in accordance with the applicable fee schedules and at
the appropriate times.
(7) That all necessary permits be obtained by Alfred
Gardiner.
(8) 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.
(9) That the estimate of water and sewer needs to be pro-
vided by the Town of Leesburg is approximately 1,000
gallons per day.
(10) That construction be commenced within one (1) year of
approval of this resolution.
(11) That all fees be paid by Alfred Gardiner, 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 and exclusive use
of the C & P Telephone Company, and
BE IT FURTHER RESOLVED, that non-compliance of any or all of •
the above provisions shall invalidate this resolution.
65
MINUTES OF JUNE 11, 1975 MEETING.
Mr. Forbes explained that Mr. Gardiner would not have to have a Com-
mission Permit if he builds the building for himself, but if he builds
it for the C & P Telephone Company, then he will be required to have
such a permit. Councilman Titus explained that it is proposed that
Mr. Gardiner will build the building for not less than five years '
lease to the C & P Telephone Company. It would appear that the
building would not be cut off if he does not lease it to C & P after
five years - he would have so much vested right in it that he could
not be cut off. Mayor Hill explained that this connection also comes
under the Category 3 of the Statement of Policy of March 28, 1973 -
' this would be -a public need. 75 ,000 gallons ' capacity has been al-
located for this purpose and was approved by the Attorney General' s
Office. The resolution was unanimously adopted, as shown:
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock; Titus
and Mayor Hill.
Nay : None.
•
On motion of Councilman Rock, seconded by Councilman Orr, the
following resolution was proposed:
BE IT RESOLVED, that the Town Council expresses its tenta-
tive approval of the "August Court Days" program planned
by the Loudoun County Bicentennial Committee, with the
Town offering its full cooperation, and
BE IT FURTHER RESOLVED, that the Loudoun County Bicenten-
nial Committee shall carry liability coverage in the amount
of $500,000, with the Town of Leesburg being named as ad-
ditional insured, and that the Certificate of Insurance
shall be furnished to the Town by July 16 , 1976.
It was pointed out that the Committee expects to come back to pre-
sent the full program. The resolution was then unanimously adopted,
as shown:
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus
and Mayor Hill.
Nay: None .
Councilman Orr left the meeting at this time.
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
BE IT RESOLVED, that the following appropriations be made :
$ 200.00 - Hagerstown Cash Register - Rental of cash
register - General Fund #200. 116 .
3, 112 .00 - Daniel A. Robinson & Associates - Water Rate
Study - Utility Fund #1300. 117 .
508 .68 - DeLashmutt Associates Surveys and plat Hakim
Associtates (new well site) - Utility Fund
#1300. 913.
170 .00 - Meidinger & Associates - Computation of Retire-
ment Employee Contribution Rate, as required by
the State - General Fund #200. 103.
5 , 110.00 - Bengtson-DeBell, Inc . - Infiltration/Inflow
Analysis - Utility Fund #1300. 903.
800.00 - Dewberry, Nealon & Davis - Fisher-Bishop
Project - 1971 Bond Fund.
After discussion on the Infiltration/Inflow Analysis and explanation
of these appropriations by Mr. Devero, the resolution was unanimously
adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder; Rock, Titus and
Mayor Hill .
Nay: None.
66
MINUTES OF JUNE 11, 1975 MEETING.
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
BE IT RESOLVED, that the following supplemental appropria-
tions be made :
$ 350.00 - Billing Clerk - General Fund #100. 110.
5,000.00 - Streets-Labor - General Fund #700. 101.
500 .00 - Social Security - General Fund #200. 102.
150 .00 - Telephone - General Fund #200 .106 .
500.00 - Stationery and Office Supplies —General .
Fund #200. 107 . -
50.00 - Telephone-Police - General Fund #500. 111.
200.00 - Vehicle Maintenance - Utility Fund #1400. 107 .
Mr. Timberlake explained the additional $300.00 in the Stationery and
Office Supplies appropriation. The resolution was then unanimously
adopted, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
On motion of Councilman Titus , seconded by Councilman Ridder,
Item #16 on the Agenda dealing with amendments to the Standard Con-
struction Specification; was referred back to the Public Works Com-
mittee,
ommittee, the vote being unanimous , as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
MayorHill.
Nay: None. •
On motion of Councilman Titus , seconded by Councilman Rock, the
following resolution was proposed:
WHEREAS, a petition has been received from residents in the
area of the intersection of Cornwall and Wirt Streets , sug-
gesting some measures for traffic and pe.cbstrian .safety at
this intersection,
NOW, THEREFORE, BE IT RESOLVED, that a "STOP" sign be in-
stalled on Cornwall Street, facing the traffic moving west,
and that the proper pavement and curb painting be done at
the said intersection for further safety.
Mr. David Greene, a resident of this area, presented statistics to
verify problems existing at this intersection, and stated that they
are due to excessive speed (39.5 mph) on Cornwall Street heading west
and failure of three out of nine motorists to stop at the sign on
Wirt Street. He suggested changing traffic to One Way the other way,
however, Council felt that this is not feasible. The matter of ex-
cessive speed was discussed and it was suggested that the Police set
up radar on this street . Chief Kidwell said this will be done. It
was felt that the "Stop" sign at the corner of Cornwall and Wirt
Streets heading west will be of great help. The resolution was then
unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill. .
Nay: None.
Mayor Hill again said that he feels the Leesburg Police Force is one
of the best in the country.
On motion of Councilman Bange, seconded by Councilman Ridder, the
following resolution was proposed:
BE IT RESOLVED, that Performance Bonds #909947 and 909948
from Republic Insurance Company of New York, in the a-
67
MINUTES OF JUNE 11, 1975 MEETING.
mount of $50 ,000, from Jeffrey Sneider and Company, be
called for the completion of the surfacing, preparation
of as-built plans , monumenting of lot corners and any
other outstanding work on Leesburg Country Club, Section
3, and
BE IT FURTHER RESOLVED, that the bonding company be noti-
fied.
Councilman Bange explained that these bonds are being called to com-
plete the resurfacing and necessary work in the Wellesley section of
Country Club Subdivision in order that they might ultimately be ac-
ceptable to the Highway Department . Councilman Titus felt that this
is an unfortunate situation and that Council should take a second
look the next time an extension of a bond is requested. Mr. Devero
said he has contacted the owner, Maryland National Bank, and they
felt that it would be wise to go ahead and call this bond - they
have foreclosed on Mr. Sneider. Mr. Robert Corey, with Corey-Tipton
Homes , stated that they have been retained by Maryland National Bank
to complete 18 houses in Wellesley Subdivision that they recently
acquired through foreclosure. Only 18 of the 87 houses in this
section are owned by Maryland National Bank, so their position is
that they represent only a portion of the problems out there inso-
far as completing the streets is concerned. They are completing
these units as quickly as possible and hope to have them all occu-
pied in four to five months . They have also informed the home-
owners what they are doing . Mayor Hill asked if they are aware of
the fact that the streets have not been taken into the system by
the Highway Department - there may be some problems if it snows -
they could be snowed in. Mr. Corey said they could take certain
actions regarding these 18 homes for which they are responsible
and then possibly initiate action as the largest owner in the sub-
division, but they are not prepared at this time to take on mainte-
nance for the entire community. They will do their pro-rata share
and clean up their erosion, etc. in their construction area. These
houses are in various stages of construction - they are all framed
in and have been connected to the Town ' s water and sewer system.
There was discussion by Council asthtip69Fedure for calling a
bond and how long it might take. He/felt this resolution should
include the necessary legal and administrative steps to be fol-
lowed. Mayor Hill said the Town would make a claim and the bonding
company would react. Mr. Corey said he believed that, in order
for the Highway Department to accept these streets, there would
have to be streets in contiguous areas that have already been ac-
cepted. Mayor Hill said Council is already working on this. The
resolution was then unanimously adopted, as shown:
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill .
Nay: None .
On motion of Councilman Titus , seconded by Councilman Ridder,
the following resolution was proposed and unanimously adopted, as
shown:
BE IT RESOLVED, that the following resolution be adver-
tised in the Loudoun Times-Mirror on June 19, to be
considered by the Council at its meeting on June 25 :
BE IT RESOLVED, that the County of Loudoun be and it is
hereby authorized to adopt the erosion and sediment con-
trol program entitled "Loudoun County Erosion Control
Ordinance" as the program for the Town of Leesburg .
Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay : None.
Councilman Titus said that, with regard to Resolutions adopted
by the Northern Virginia Regional Park Authority concerning the VEPCO
right-of-way, it is the feeling of the Public Works Committee that
no action is recommended at this time . They felt that the Town ' s
Parks and Recreation Program should come first. Mr. Devero said he
has written a letter to Mr. Bradley with VEPCO and has received a
reply. He is setting up a meeting with VEPCO ' s real estate personnel
68
MINUTES OF JUNE 11, 1975 MEETING. - -so that they can discuss the right-of-way and so that we can begin
negotiations for storm drainage easements and/or purchase if pasible.
A bill from Mr. Peter Lueders was discussed briefly. Since
Councilman Rock objected to considering this tonight, Mayor Hill
referred it to the Finance Committee for action.
On motion of Councilman Titus, seconded by Councilman Ridder,
the following resolution was proposed:
BE IT RESOLVED, that the following resolution adopted by
the Town Council at its meeting on May 28, 1975 be and it
is hereby rescinded :
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 .
Councilman Titus explained that an easement plat is being prepared
/ffrcorhe Resubdivision of the Subdivision. Mr. Chamberlin said this
of include curb and gutter and sidewalks in the "as built" plans.
He felt that the easements might as well be shown on the Resubdivision
plat. Councilman Titus pointed out that the Town is not paying for
this. The above resolution was then unanimously adopted, as shown :
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
On motion of Councilman Rock, seconded by Councilman Ridder, the
following resolution was proposed:
WHEREAS, a request has been received from Paul E. Bradshaw
for an extension of time for water and sewer taps on Catoctin
Circle due to the fact that the Planning Commission did not
meet on June 5 , 1975 (lack of a quorum) , thus making it im-
possible for him to submit his site plan,
NOW, THEREFORE, BE IT RESOLVED, that an extension of time is
hereby granted to Paul E. Bradshaw for these water and sewer
taps , such extension of time to be set by the Council at a
later date with terms and conditions thereof.
There was extensive discussion concerning extensions for others on
the June 12, 1974 and October 9, 1974 Priority Lists , as well as
for Mr. Bradshaw (his request being due only to the fact that the
Planning Commission did not meet as scheduled) . The resolution was
then unanimously adopted, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
On motion of Councilman Ridder, seconded by Councilman Titus , the
following resolution was proposed and unanimously adopted, as shown:
WHEREAS, the Town Attorney has been directed to institute con-
demnation proceedings to acquire , .on behalf of the Town, a
well site and easement from Hakim Associates in Virginia Knolls
Subdivision for purposes of drilling a test well, and
WHEREAS, the Town Attorney has requested that the Legislative
Committee of the Council work with him on this Petition for
Condemnation, and that consultants be employed -by the Town
to assist him in this endeavor,
69
MINUTES OF JUNE 11, 1975 MEETING. - -
NOW, THEREFORE, BE IT RESOLVED, that the Legislative Com-
mittee of the Council is hereby directed to work with the
Town Attorney in this matter, and
BE IT FURTHER RESOLVED, that the Legislative Committee is
hereby authorized to employ consultant (s) as the Town At-
torney deems necessary to assist in the preparation and
processing of this Petition.
Aye : Councilmen .Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay : None.
There was lengthy discussion concerning the trash contract with
Valley Sanitation. Mr. Devero explained that a list of citizen com-
plaints has been kept for the month of June . They have defaulted
on the contract in that their general liability and workmen 's com-
pensation insurance has lapsed due to non-payment of premiums. Also,
the County Landfill is closed to them until payment is made for
prior service. A citizen owning property where they rent space
for an office and to house a truck or trucks had to lock up the
trucks in order to get payment for rental of this space. They
are not carrying any insurance on their trucks, however, this is
not a part of our contract with them. Mr. Devero understood that
they would not be reinstated by the insurance carrier until all
premiums were paid and then it would be only under assigned risk.
Councilman Bange said that he understood the payment made to Mr.
Jewell was made with the stipulation that he hold the check until
payment was received from the Town in order to cover the check.
The contract called for signature by the Manager, however, it was
signed by Mr. Chrisman, who was Sales Manager. There was also a
question as to assignment of the contract . Mayor Hill said they
started out as a partnership and then became a corporation. Mr.
Devero also pointed out that, although the dumpsters were. not a
part of the contract, the Code provides for keeping them clean and
this has not been done . Town Attorney Martin said that the con-
tractor will have to be given ten (10) daysnotice that he has
defaulted on the contract .
On motion of Councilman Ridder, seconded by Councilman Rock, the
following resolution was proposed:
BE IT RESOLVED, that the Town Manager take immediate action
to advise Valley Sanitation, by Registered Mail Return Re-
ceipt Requested, that they are in default of their contract,
and that specific items of default are as follows:
Section 3. The Contractor shall at all times provide suffi-
cient men and motor vehicles necessary to perform the work
in a manner satisfactory to the Town Manager. "
Section 4. Assignments. The Contractor shall not assign
thi—'s contract, or any interest therein, or any privilege
of right granted therein without the consent of the Council
of the Town of Leesburg first had and obtained, and then
only to a person or persons approved by the said Council
and subject to such terms and conditions, as such Council
may require . A consent to one assignment shall not be
determined to be a consent of any subsequent assignment.
Any assignment without such consent of the Council, and
approval, shall be void and shall, at the option of the
Town, terminate this contract and the privileges granted
therein.
Section 11. Faithful Performance Bond. Upon execution of
this contract, Contractor shall furnish to. the Town and
shall file with the Town Manager of the Town a corporate
surety bond approved by the Town Manager, and approved as
to form by the Town Attorney of the Town, executed by the
Contractor as principal and by a corporate surety, as surety ,
in the sum of 6% of the bid, conditioned upon the faithful
performance by Contractor and his subcontractors , if any,
of this contract. In lieu of such bond,. Contractor may
provide the Town with such other security for faithful
performance as may be approved by the Town Manager.
70
MINUTES OF JUNE 11, 1975 MEETING. . -
Section 12. Workmen ' s Compensation Insurance. Contractor
and his subcontractors, if any, shall obtain and maintain
in full force and effect throughout the entire term of this
contract full workmen ' s compensation insurance in accord-
ance with the provisions and laws of the Commonwealth of
Virginia. Contractor shall immediately inform the Town
of any cancellation, withdrawal or change of any such
insurance .
Section 13. Public Liability Insurance. Contractor and his
subcontractors, if any, shall at their expense, obtain and
maintain in full force and effect throughout the entire term
of this contract public liability insurance approved by the
Town Manager and approved as to form by the Town Attorney,
policy or policies to insure said contractor and his sub-
contractors and the Town, its officers , agents and employees,
and each of them against liability for bodily injury or
death of any person or persons and for any property damage
arising or resulting from the operation of the Contractor
or his subcontractors . Minimum bodily injury or death cover-
age provided by said insurance shall be $100,000 bodily in-
jury or death, each person, and $300,000 bodily injury or
death of two or more persons , per each occurrence. Prop-
erty damage shall be a minimum of $50,000 for each occur-
rence . Policies shall be filed with the Town Manager of
said Town within five days after the date of this contract.
The policy of insurance shall contain a provision stating
that said insurance is primary coverage and will not be
cancelled by the insurer except after filing with the Town
Manager of the Town twenty (20) days ' written notice of any
cancellation so proposed.
Section 14. Contractor to Indemnify and Hold Harmless the
Town. Contractor shall indemnify and save harmless the
01 wn, its officers , agents and employees, for and from
any and all loss, liability, claims , demands, actions, or
suits, of any and every kind and description, arising or
resulting from or in any way connected with any operations
of the Contractor or his subcontractors in exercising any
license or privilege granted to him by this contract by the
Town, or arising or resulting from the failure of- the Con-
tractor or his subcontractors to comply in all respects with
the provisions or requirements of this contract. Contractor
shall, upon demand of the Town, at his sole cost and expense,
defend and provide attorneys to defend the Town, its officers,
agents and employees against any and all claims , actions or
suits brought against the Town, its officers , agents and em-
ployees, arising or resulting from or in any way connected
with the above-mentioned operations of the Contractor or
his subcontractors or his subcontractor' s failure to comply
with this contract.
After further discussion, the resolution was unanimously adopted, as
shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
Mr. Devero requested authorization to employ somebody for at
least a month and until Council either wants to negotiate or ask for
bids again. On motion of Councilman Titus , seconded by Councilman
Bange, the following resolution was proposed and unanimously adopted,
as shown:
•
BE IT RESOLVED, that the Town Manager be authorized to nego-
tiate the collection and disposal of refuse and garbage for
a period of one month in the event of non-performance of a
contract between the Town of Leesburg and Valley Sanitation
Service, with consultation with the Town Attorney.
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill .
Nay : None .
71
MINUTES OF JUNE 11 , 1975 MEETING.
On motion of Councilman Titus , seconded by Councilman Newman,
the following resolution was proposed and unanimously adopted, as
shown:
BE IT RESOLVED, that the Town Attorney be directed to pre-
pare a contract form for the collection and disposal of all
refuse and garbage within the corporate limits of Leesburg, -
and in accordance with Chapter 11 of the Town Code and con-
sultation with the Public Works Committee .
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and `
Nay: None.Mayor Hill.
On motion of Councilman Ridder, seconded by Councilman Titus , the
Council voted unamimously to go into executive session to discuss per-
sonnel matters at 11 :44 P.M.
Council reconvened at 12 :30 A.M.
On motion of Councilman Newman, .seconded by Councilman Ridder,
the following resolution was proposed and adopted by a vote of 4 to
2, as . shown:
WHEREAS, C. Stanley Reed tendered his resignation as a
member of the Leesburg Planning Commission on April 22,
1975 , and
WHEREAS, Commissioner Reed was appointed for a term of
office to expire on December 31, 1976,
NOW, THEREFORE, BE IT RESOLVED by the Council for the
Town of Leesburg , Virginia, that Katherine Curry, a
qualified citizen of the Town of Leesburg, Virginia,
be and she is hereby appointed a member of the Leesburg
Planning Commission to fill the unexpired term of C.
Stanley Reed.
Aye : Councilmen Newman, Ridder, Rock and Mayor Hill.
Nay: None.
Abstention: Councilmen Bange and Titus .
On motion of Councilman Rock, seconded by Councilman Ridder, the
meeting was adjourned at 12 :40 A.M. , June 12, 1975 .
•
Mayo
Clerk o the Council
i