HomeMy Public PortalAbout1975_06_25 rpt,:V),
73
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 25, 1975.
A regular meeting of the Leesburg Town Council was held on
June 25, 1975 at 7 : 30 P.M. in the Council Chambers, 10 West Loudoun
Street, Leesburg, Virginia. The meeting was called to order by the
Mayor, with the prayer being offered by Councilman Rock, and followed
by the Salute to the Flag. Present were: Mayor G. Dewey Hill , Coun-
cilmen Charles E. Bange, Mary Anne Newman, Robert A. Orr, Herbert L.
Ridder, James A. Rock and C. Terry Titus; also Acting Town Manager
E. Wesley Devero and Town Attorney George M. Martin.
II
Deputy Town Manager Devero reported as follows :
(1) He has reviewed Valley Sanitation' s replies to the defaults in
the present garbage and trash contract with the Town Attorney and they
seem to have complied with the defaults . Howe nr, lie would like to dis-
cuss this in executive session with the entire Council .
(2) A warrant has been issued charging a resident with tampering
with a fire hydrant (Sec. 15-29 of the Town Code) , and the court date
is July 7, 1975 at 2 : 00 P.M.
(3) Hereported the number of gallons of water pumped for the month
of May and expressed the 'hopethat no more than the amount pumped last
summer will be pumped this year.
(4) A part-time receptionist has been hired to assist Mrs. Church
for the summer months .
(5) He will request the Finance Committee to consider the employ-
ment of two labor sfor the summer months, with funds to be transferred
from the Deputy Town Manager' s salary for this purpose.
(6) He requested that Council consider the acquisition of land in
executive session tonight.
II
(7) He expressed appreciation to Mr. Webb of the Telephone Company
for the use of a 12-foot blower to pump fresh air to the men when they
are working in the manholes . This is a donation from C & P.
(8) He, reminded Council members of a special meeting with the Air-
port Advisory Committee ,on July 7 at 7 : 30 P.M. The Airport Committee
will also meet on June 30 at 7 : 30 P.M.
(9) Potential members for the Comprehensive Plan committees have
been"contacted and Council may wish to appoint some of these committees
tonight.
(10) Council should appoint another member to the Grievance Com-
mittee.
(11) A copy of duties and procedures for the Legislative Committee
(prepared by Councilman Titus) is attached for your information.
(12) Copies of bids for testing and drilling of wells, and for
sidewalk construction are attached.
(13) A letter of appreciation has been received from the Loudoun
Restoration and Preservation Society for the contribution made by Council.
II (14) Bid specifications for the automation of wells and rehabilitation
of Phillips-Nickels Well have been received and reviewed by the staff and
the Town Attorney. It is recommended that the Town' s consultants be
authorized to advertise for bids . Mr. Hawthorne of Johnson and Williams
has advised that it is possible to get the work done on the Phillips-
Nickels Well by mid-August when water is needed most.
(15) He reminded Council that there will be a meeting with Mr. Harry"
Burt on July 1st concerning the rate study.
(16) A second letter has been sent to Republic Insurance Company,
along with a "punch" list from the Highway Department, on the calling
of the Country Club Subdivision, Sec. III bond. A "punch" list has
also been received on Country Club Subdivision, Sec. II. The Highway
f< h
S
74 TES OF JUNE 25, 1975 MEETING.
Department has advised that both of these sections could be accepted for
maintenance by August 21st of this year if the discrepancies are taken
care of.
(17) A resume has been received frcm Johnson and Williams on their
experience in Advanced Water Treatment.
(18) The sewage flow for the month of May is down 46, 000 gallons
from the flow of the past three months .
(19) A second letter has been received from tte Great American In-
surance Company denying payment of claim for a fire hydrant demolished
in an accident. He asked that Council authorize him to proceed with
action against the party involved.
(20) Credits have been received on the VEPCO bills which the Town
has been paying under protest, these credits being about one-third of
these bills .
(21) A. large tree fell during the storm tonight on Market Street.
Town crews are working on this and will cut it up and put it on the
sidewalk.
(22) A Xerox Model 4000 machine has been installed in the office
on a month' s trial basis .
(23) He has contacted the Health Department and the Town Fire
Marshal concerning the burned out building on S . Harrison Street. The
Health Department has advised that they are taking action on this prob-
lem.
(24) The Fire Marshal has advised that the building next to the
Town Shop should be demolished and this information has been forwarded
to the Health Department.
Councilman Titus reported the following:
(1) He called attention to the Memorandum to the Mayor from
him concerning his concept of the duties and procedures to be followed
by the Legislative Committee. He added to the Memorandum the following:
"(4) to provide any other services the standing committee or the Coun-
cil wishes. " After some discussion, it was decided to defer this until
the next meeting.
(2) He asked Town Attorney Martin the status of the condemnation
proceedings concerning Hakim Associates . Mr. Martin said he is awaiting
receipt of data required under the statutes from the engineers. He also
asked how long it will take the Court to grant "early entry. " Mr. Martin
said 21 days have to be given from date of service - he felt possibly by
August 1st. Councilman Titus felt, however, that it would be the 1st of
September before the wells can be drilled.
(3) He and Mr. Devero met with Mr. Bradley and Mr. Brannan of
VEPCO concerning the VEPCO right-of-way and the Town' s use of it for
recreation purposes and a storm drain easement. There appears to be
no problem concerning the use by the Town for recreation purposes for
the entire length of the right-of-way within the Town, however, they
have agreements with Herndon and several other jurisdictions by letter
form, which they call a license, that allows them to use this right-of-
way as long as there is no permanent structure within the right-of-way
itself. Such a form will be sent to the Town. There may be some prob-
lem with the storm sewer easement though. It was suggested that Mr.
Devero take this easement to Mr. Bradley for his and Mr. Brannan' s re-
view and comment. They suggested putting this easement underground,
however, this would be a great deal of additional expense for the Town.
They will sell the right-of-way, but it has to be all or none.
(4) He attended the Airport Advisory Committee' s hearing the other
night on the Master Plan and found it very informative. He was disap-
pointed that the townspeople did not take any interest in this. Mayor
Hill said that he has received a letter from a "user" of the Airport who
lives on the west end of Town and he was very much pleased with the hand-
ling of the hearing. It has been suggested that the Council hold another
hearing.
75
MINUTES OF JUNE 25, 1975 MEETING.
Councilman Newman reported that she had attended a meeting in
Richmond yesterday of the VHL Legislative Committee. One item of par-
ticular interest is that the State has a task force committee which'.is
investigating sources of revenue used by municipalities, in particular,
business and professional license fees and consumer utility taxes .
They would like all municipalities to abolish all of these sources of
revenue and go to an income tax. This money would be paid into the
State coffers and would be doled out the way Revenue Sharing funds are.
This is still in the drafting stage and is of great concern to all those
in attendance at this meeting. Mayor Hill said this will be discussed
in Richmond next week at a meeting he will be attending.
' Councilman Bange felt that the Town crews should be commended for
their work in removing the fallen tree from the street by 7 : 20 this
evening.
Councilman Bange said he has been approached twice about the con-
dition of the sidewalk on East Loudoun Street from M & J Motors on up
the hill. This is in bad shape and should be on the priority list to
be replaced.
There was discussion concerning the adoption of the County' s
Erosion Control Ordinance and Plan, with action deferred until later
in the meeting.
Mayor Hill called attention to the article in the Times-Mirror,
stating that the word "terminate" was not used in his release to the
newspaper concerning the Council ' s action at a special meeting last
night. He stated that the Council did not sever, nor did they termi-
nate the Acting Town Manager, and he would like a correction printed
on this.
On motion of Councilman Rock, seconded by Councilman Newman, the
following Ordinance was proposed, with Councilman Rock stating that this
is not a recommendation from the Finance Committee, but rather from thee.
' Town Attorney:
WHEREAS, the Town Manager has prepared and submitted to the
Council a budget for the fiscal year beginning July 1, 1975
and ending June 30, 1976, requiring the appropriation of '
$1 , 403, 378 os so much thereof as may be necessary, to provide
the following operating funds, exclusive of capital outlay
funds :
General Fund $870, 853
Utility Fund 522,025
Airport Fund 10, 500
Total $17,03, 378
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of,
Leesburg meeting in regular session this 25th day of June, '
1975, as follows :
Section 1. The operating funds, exclusive of capital outlay
funds, named in the said budget for the fiscal year beginning
July 1 , 1975, and ending June 30, 1976, aggregating $1,403, 378,
a copy of which budget may be seen in the Town Office, or so
much thereof as"may be necessary, are hereby appropriated from
the revenues of the Town, for the use of the several depart-
ments of the Town government mentioned in the said budget for
' the said fiscal year.
Section 2. The salaries, wages and allowances set out in de-
taail iin said budget are hereby authorized and fixed as the
maximum compensation to be allowed officers and employees for
services rendered, unless hereafter otherwise provided by ordi-
nance; provided, however, that the Town Manager is authorized
to make such rearrangement of positions in the several depart-
ments named in the budget, in respect to officers and employees
appointed by him, as may best meet the needs and interests of
the Town.
76
MINUTES OF JUNE 25, 1975 MEETING.
Section 3. All payments from operating funds provided for
in said budget shall be made in accordance with the Charter
and ordinances of the Town.
Section 4. The amounts appropriated by this ordinance shall
be expended for the purposes designated under the several
groups and for the several items under the said groups, as
shown in said budget, and, with the exception of the items
the payment of which is fixed by law or ordinance, in such
proportions as may be authorized by the Town Manager from
time to time.
This ordinance shall be in force from its passage and shall
not be published.
On motion of Councilman Rock, seconded by Councilman Titus, the follow-
ing amendment to Section 2 was proposed and unanimously adopted, as
shown:
Eighth line, after the word "budget, " insert "as provided by
the Personnel Policies adopted by the Council, "
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and
Mayor Hill .
Nay: None.
On motion of Councilman Titus, seconded by Councilman Rock, the elimi
dation of the following appropriations was proposed:
Budget Page Acct. Code Amount Category
11 104 $14, 750 Deputy Town Manager' s
Salary
16 265 27 , 000 Expert Services on Com-
prehensive Plan
19 262 7, 500 Expert Services, Engi-
neering
Div. of Dept.
of Public Works
26 217 15, 000 - Maintenance-Equipment &
Buildings, Utility Plants
Div. of Dept. of Public
Works
The total appropriations would then be as follows:
General Fund $821, 603
Utility Fund 507 , 025
Airport Fund 10, 500
Total ' $1,339, 128
Discussion followed, after which it was felt that the amount of $10, 000
should be appropriated to Maintenance-Equipment/Buildings, Utility
Plants Division of Department of Public Works, with the total appro-
priations then being as follows :
General Fund $821 , 603
Utility Fund 517 , 025
Airport Fund 10, 500
Total $1 , 349, 128 -
The amendment was then unanimously adopted, as shown:
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
The perfected Ordinance was then unanimously adopted, as shown, and reads
as follows :
WHEREAS, the Town Manager has prepared and submitted to the
Council a budget for the fiscal year beginning July 1, 1975
and ending June 30, 1976, requiring the appropriation of
$1, 349, 128 or so much thereof asmay be necessary, to provide
77
MINUTES OF JUNE 25, 1975 MEETING.
the following operating funds, exclusive of capital outlay
funds :
General Fund $ 821, 603
Utility Fund 517 , 025
Airport Fund 10, 500
Total $1, 349, 128
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town
of Leesburg meeting in regular session this 25th day of June,
1975, as follows :
Section 1 . The operating funds , exclusive of capital outlay
funds, named in the said budget for the fiscal year beginning
July 1, 1975, and ending June 30, 1976, aggregating $1, 349, 128,
a copy of which budget may be seen in the Town Office, or so
much thereof as may be necessary, are hereby appropriated
from the revenues of the Town, for the use of the several de-
partments of the Town government mentioned in the said budget
for the said fiscal year.
Section 2. The salaries, wages and allowances set out in de-
tail in ssaid budget are hereby authorized and fixed as the
maximum compensation to be allowed officers and employees for
services rendered, unless hereafter otherwise provided by ordi-
nance; provided, however, that the Town Manager is authorized
to make such rearrangement of positions in the several depart-
ments named in the budget, as provided by the Personnel Poli-
cies adopted by the Council, in respect to officers and em-
ployees appointed by him, as may best meet the needs and in-
terests of the Town.
Section 3. All payments from operating funds provided for in
said budget shall be made in accordance with the Charter and
ordinances of the Town.
Section 4. The amounts appropriated by this ordinance shall
be expended for the purposes designated under the several
groups and for the several items under the said groups, as
shown in said budget, and, with the exception of the items
the payment of which is fixed by law or ordinance, in such
proportions as may be authorized by the Town Manager from
time to time.
This ordinance shall be in force from its passage and shall
not be published.
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
On motion of Councilman Rock, seconded by Councilman Newman, the
following Ordinance was proposed:
BE IT ORDAINED, that Section 21-46 (first paragraph) of the
Town Code of Leesburg, Virginia, is hereby amended to read as
follows :
. On every peddler who travels on foot, the license shall be
ten dollars ($10. 00) a day. On every peddler who travels
otherwise than on foot the annual license tax shall be fifty
dollars ($50. 00) . No license issued under this section shall
be pro-rated or transferred.
On motion of Councilman Orr, seconded by Councilman Bange, the follow-
ing amendment was proposed to the second sentence, as follows:
"On every peddler twenty-five
dollars ($25. 00) . "
After discussion, this amendment was adopted by a vote of 6 to 1, as
shown:
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor
Hill .
Nay: Councilman Titus .
78
MINUTES OF JUNE 25, 1975 MEETING.
On motion of Councilman Rock, seconded by Councilman Orr, the follow-
ing amendment was proposed and. adopted by a vote of 6 to 1 , as shown:
Add a paragraph at the end, as follows : "This Ordinance
shall be enforced from its passage and shall not be pub-
lished. "
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor
Hill .
Nay: Councilman Titus .
The perfected Ordinance was then adopted by a vote of 6 to 1, as
shown, and reads as follows :
BE IT ORDAINED, that Section 21-46 (first paragraph) of the
Town Code of Leesburg, Virginia, is hereby amended to read
as follows :
On every peddler who travels on foot, the license shall be
ten dollars ($10. 00) a day. On every peddler who travels
otherwise than on foot the annual license tax shall be twenty-
five dollars ($25. 00) . No license issued under this section
shall be pro-rated or transferred.
This Ordinance shall be enforced from its passage and shall
not. be published.
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor
Hill .
Nay: Councilman Titus .
On motion of Councilman Rock, seconded by Councilman Newman, the
following Ordinance was proposed for purposes of amendment and discus-
sion:
BE IT ORDAINED, that Section 11-19, Fees for Collection, Chap-
ter 11, Garbage and Trash, of the Town Code of. Leesburg, Vir-
ginia,
be and it is hereby repealed, effective July 1, 1975,
and
BE IT FURTHER ORDAINED, that Section 11-20, Stop and Start
Service, of said Chapter 11 is hereby amended to read as fol-
lows :
The Town shall be notified in writing of those persons who
wish to provide for their own removal and disposal of gar-
bage and refuse. Such removal and disposal must be done in
a sanitary method and in accordance with this .ordinance.
At such time as said persons wish to be placed back on the
collection service provided by the Town, it will be necessary
that they notify the Town in writing one (1) week prior to
the collection date.
Councilman Pock pointed out that, under other sections of Chapter 11,
the Town would be liable to pick up all garbage and refuse within the
Town, this including the large comme7Tral establishments, some of
which are now paying private contractors for this service. Discussion
followed, during which the question was raisedas to whether or not
the present contractor would be willing to pick up all of this trash
for the sum bid for the two-year period. On motion of Councilman Bange,
seconded by Councilman Ridder, Council voted unanimously, as shown, to
refer this proposed Ordinance back to the Finance and Administration
Committee. Mayor Hill felt that the commercial establishments are pay-
ing larger utility taxes, as well as paying business licenses, and
that the Town should be fair with them.
Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
MINUTES OF JUNE 25; 1975 MEETING. R
79
WHEREAS, a letter from White' s Department Store, Inc. dated
June 11, 1975 is, in effect, a request for a permit to hold
a sidewalk sale, and
WHEREAS, the Town Council has been advised by its Police Chief
that such a sale is dangerous to the citizens of Leesburg be-
cause there is inadequate pedestrian protection,
NOW, THEREFORE, BE IT RESOLVED, that this request is hereby
denied.
II There was lengthy discussion on this resolution, with the main point
being that the Council would like White' s to take all safety precau-
tions possible for such a sale. Chief Kidwell said he had not been
consulted concerning this particular sale; however, he enumerated the
precautions taken by another group recently and felt there was no
problem with that sale. Mrs . Myers, proprietor of White' s, also ad-
dressed Council on this request. A roll call vote on this resolution
was 4 to 3, as shown:
Aye: Councilmen. Ridder, Rock and Titus.
Nay: Councilmen Bange, Newman, Orr and Mayor Hill .
There was confusion as to just what was being voted on. Therefore, the
Chair ruled that Mrs . Myers present to the Town the safety precautions
proposed in order that this might be resubmitted to the Finance and Ad-
ministration Committee.
Councilman Orr left the meeting at this time.
On motion of Councilman Titus , seconded by Councilman Ridder, the
following resolution was proposed:
WHEREAS, a recommendation has been received from the Leesburg
Planning Commission that a plat designated "Plat showing Lots
1 thru 16 and Parcel A, Section 1 and Parcel B-1, a Resubdi-
vision of Parcel B, Section 1 , Huntland Homes of Leesburg':'
' be approved in accordance with Section 5 of the Leesburg Sub-
division Ordinance,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council will
approve the final plat as proposed, provided that the parcel
of land shown under the ownership of Herndon Lumber and Mill-
work, Inc. , bounded by Leesburg Route 7 By-Pass on the south,
M. F. Biddle, Tee on the west, Parcels B-1 and A:>m the north,
and S. D. Phillips , Jr. on the east, be dedicated to the Hunt-
land Homes of Leesburg Homeowners Association.
Mr. Peter Cerick, attorney, introduced Mr. Kilby, President of Herndon
Lumber & Millwork Co. , and Mr. Howe, who owns two lots in Section 1.
Mr. Cerick said that there have been some title problems on this prop- _ .
erty which have now been resolved, and they have complied with the re-
quest of the Town Manager to indicate the public street and have shown
the water and sewer line easements to the By-Pass . When the plat was
originally approved, it was contemplated by the developer to acquire
the property owned by Mr. Biddle. He-didtnot finish and did not ac-
quire this property. Consequently, as the recreation area was shown,
it encroached on the property of Mr. Biddle. The only change is to
correct this situation and it does comply with the Ordinance in all
respects . They are anxious to get started so as not to miss the sum-
mer building season. There was lengthy discussion concerning the
piece of property in the rear of this section, with the request that
II
this be included in the Homeowners ' Association, or some provision be
made for maintenance of this property. Mr. Cerick advised that Ar-
ticles of Incorporation, Declaration of Covenants and By-Laws have
been prepared and would govern Parcels A & B. These will be recorded.
On motion of Councilman Titus , seconded by Councilman Bange, the reso-
lution 'was amended as follows : Delete the words following "final plat
as proposed" in the second paragraph and add •the ' following:
t
"; provided that the plat is recorded within 30 days of this h
action, and
BE IT FURTHER RESOLVED, that the Clerk of the Council is
hereby authorized to affix her signature on the plat within
the said time period. "
$0 MINUTES OF JUNE 25, 1975 MEETING.
This amendment was unanimously adopted, as shown:
Aye: Councilmen Bange, Newman, Earn Ridder, Rock, Titus and
Mayor Hill .
Nay: None.
The resolution, as amended, was then unanimously adopted, as shown, and
reads as follows :
WHEREAS, a recommendation has been received from the Leesburg
Planning Commission that a plat designated "Plat showing Lots
1 thru 16 and Parcel A, Section 1 and Parcel B-1, a Resubdi-
vision of Parcel B, Section 1 , Huntland Homes of Leesburg':' be
approved in accordance with Section 5 of the Leesburg Subdivi-
sion Ordinance,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council will . ap-
prove the final plat as proposed, provided that the plat is re-
corded within 30 days of this action, and
BE IT FURTHER RESOLVED, that the Clerk of the Council is hereby
authorized to affix her signature on the plat within the said
time period.
Aye: Councilmen Bange,. Newman, Rxx* Ridder, Rock, Titus and
Mayor Hill .
Nay: None.
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
BE IT RESOLVED, that the accounting firm of Yount, Hyde &
Company, _ Certified Public Accountants, be and the same is
hereby authorized to conduct the annual audit for the Town
of Leesburg.
There was discussion concerning the charge for this audit. • Mr.' Timber-
lake
requested that a time limit be stipulated for delivery of the re-
port. On motion of Councilman Rock, seconded by Councilman Ridder, the
following amendment was unanimously adopted, as shown: .
Add at the end " , and that the final report shall be delivered
to the Town by October 31 , 1975. "
Aye: Councilmen Bange, Newman, Rxx* Ridder, Rock, Titus and
Mayor Hill .
Nay: None.
The resolution, as amended, was then adopted by a vote of •5 to 1,
as shown, and reads as follows :
BE IT RESOLVED, that the accounting firm of Yount, Hyde &
Company, Certified Public Accountants , be and the same is
hereby authorized to conduct the annual audit for the Town
of Leesburg, and that the final report shall be delivered -
to the Town by October 31 , 1975.
Aye: Councilmen Bange, Newman, Ridder, Rock, fltts and
Mayor Hill .
Nay: Councilman Titus .
On motion of Councilman Batge, seconded by Councilman Rock, the
following resolution was proposed: '
WHEREAS, a request from Leesburg Volunteer Fire Company has
been made for a waiver of license to hold a carnival during
the week of June 30, 1975 through July 5, 1975,
NOW, THEREFORE, BE IT RESOLVED, that a waiver of license be
granted to Leesburg Volunteer Fire Company to hold- a carni-
val during the week of June 30, 1975 through July 5, 1975.
Councilman Rock •pointed out that this is a waiver to hold the carnival
only, not for any other purpose. Councilman Titus requested that the
Fire Company be notified of the raffle ordinance and apprised of this
situation. The resolution was then unanimoualy adopted, as shown:
81
MINUTES OF JUNE 25, 1975 MEETING.
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
WHEREAS, a request from the Kiwanis Club of Leesburg has been
made for a waiver of license to hold a rodeo on July 26, 1975
and July 27 , 1975 at the old Isaac Walton League Park,
NOW, THEREFORE, BE IT RESOLVED, that a waiver of license be
granted to the Kiwanis Club of Leesburg to hold a rodeo on
July 26, 1975 and July 27 , 1975 at the old Isaac Walton League
Park.
Councilman Rock pointed out that this could create a real traffic hazard.
On motion of Councilman Rock, seconded by Councilman Bange, the follow-
ing amendment was proposed:
Add at the end ",provided that the Kiwanis Club makes traffic
control arrangements satisfactory to the Town Police. "
Chief Kidwell advised that his department would take care of the traffic
in accordance with the crowd. The amendment was then-Unanimously
adopted, as shown:
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill .
Nay: None.
The resolution, as amended, was then unanimously adopted, as shown:
WHEREAS, a request from the Kiwanis Club of Leesburg has been
made for a waiver of license to hold a rodeo on July 26, 1975
and July 27 , 1975 at the old Isaac Walton League Park,
NOW, THEREFORE, BE IT RESOLVED, that a waiver of license be
granted to the Kiwanis Club of Leesburg to hold a rodeo on
July 26, 1975 and July 27, 1975 at the old Isaac Walton League
Park, provided that the Kiwanis Club makes traffic control ..
arrangements satisfactory to the Town Police.
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
On motion of Councilman Rock, seconded by Councilman Titus, the
folloif.ng resolutions were proposed:
(1) WHEREAS, a request has been received from the Loudoun
Business and Professional Women' s Club for a waiver of fee
for a raffle permit,
NOW, THEREFORE, BE IT RESOLVED, that a waiver of fee for a
raffle permit is granted to the Loudoun Business and Pro-
fessional Women' s Club from July 1 , 1975 to December 31, 1975.
(2) WHEREAS, a request has been received from St. James '
Episcopal Church for a waiver of fee for a raffle permit,
NOW, THEREFORE, BE IT RESOLVED, that a waiver of fee for a
raffle permit is granted to St. James' Episcopal Church
from July 1, 1975 to December 31 , 1975.
It was pointed out that permits such as these run on a calendar basis,
rather than a fiscal basis . An amendment to the Town Code will be pre-
sented to:,make this change, along with the possibility of making such
requests an administrative function. The resolutions were then unani-
mously adopted, as shown:
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill .
Nay: None.
82„
INUTES OF JUNE 25, 1975 MEETING.
On motion of Councilman Titus, seconded by Councilman Bange, the
following resolution was proposed:
BE IT RESOLVED, that Johnson and Williams be authorized to ad-
vertise for bids on the automation of the Myers and Paxton
Wells, and the automation and rehabilitation of the Phillips-
Nickels Well, and
BE IT FURTHER RESOLVED, that these bids are to be received no
later than 4: 00 P.M. , July 11, 1975, and to be opened at 4: 00
P.M. on Monday, July 14, 1975.
Mr. Jack Hawthorne of Johnson and Williams explained just what will
be done in the rehabilitation of the Phillips-Nickels Well, and
thought this could be done during the "down ' times . This would
probably mean a day or two for the well to be "down". He then ex-
plained what the automation of the other two wells would entail.
This would be an extension of what is now being done at the Myers
Well, installing electric eyes on these wells and they would be
tele-metering the telephone lines . The resolution was then unani-
mously adopted, as shown:
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill .
Nay: None.
On motion of Councilman Titus, seconded by Councilman Ridder, the
following resolution was proposed:
WHEREAS, on June 16, 1975, two bids were opened for the drill-
ing and testing of wells at locations to be selected by the
Town, and
WHEREAS, it is the recommendation of Johnson & Williams that
Burner Well Drilling, Inc. submitted the lowest acceptable bid
in the following amounts:
$7, 024. 00 for Alternate A (both sites)
4, 424. 00 for Alternate B (Hakim Site)
4, 424. 00 for Alternate C (Andover Meadows site)
and that they should be awarded the contract,
NOW, THEREFORE, BE IT RESOLVED, that Burner Well Drilling, Inc.
be awarded the contract for the construction and development
of wells and that Johnson and Williams be asked to prepare con-
struction contract and supervise construction of this project.
There was lengthy discussion concerning which alternate should be de-
cided on, with the result being that the Town Manager and Johnson and
Williams will explain to Burner Well Drilling that the Town would like
to go ahead with the drilling of .tbe Andover Meadows *site as':soon as
possible and with the understanding that it might-be August 1st before
it is known whether they can go ahead with the Hakim site. The Alter-
nate will be decided on after discussion with the contractor. Council-
man Titus requested that the minutes of the next meeting record the
result of this meeting. The resolution was then unanimously adopted,
as shown:
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None. ,.
On motion of Councilman Newman, seconded by Councilman Rock, the
following resolution was proposed:
BE IT RESOLVED, that the following appropriations be made:
$ 973. 36 - Hall, Monahan, Engle, Mahan and Mitchell-
King Street Properties Purchase - General
Fund #200. 118.
350. 00 - Johnson and Williams - SWCB lawsuit - Utility
Fund #1300. 118.
83.
MINUTES OF JUNE 25, 1975 MEETING.
$ 2, 300. 00 - Peter Lueders, Architect-IGA Property -
General Fund #800. 910.
155, 556. 54 - Johnson and Williams - Potomac River Water
Supply Project - 1972 Bond Fund.
10, 341, 89 - Perry Engineering-Fisher-Bishp Project -
1971 Bond Fund.
15, 394. 99 - William A. Hazel , Inc. - Route 15 By-Pass
Water Line - Utility Fund #1300. 915.
II5, 000. 00 - Dominion Tank & Iron Co. - Dismantling and
removing 60, 000 gallon water tank - Utility
Fund #1300. 906.
129. 01 - Retirement #200. 103 (supplemental) .
300. 00 - Advertising & Printing #200. 105 (supplemental) .
200. 00 - Xerox Machine Rental #200. 115 (supplemental) .
1, 170. 00 - George M. Martin, for legal services April
through June - General Fund #200. 117 .
Discussion followed, with particular attention to the item of. $155, 556. 54
to Johnson and Williams . It was explained that $135, 200 of this amount
is for the design of the Water Treatment Plant, the Intake Structure
and the Pumping Station, and $20, 346. 34 is for the redesign of the
water transmission line and the elevated tank on the Carr site. Mr.
Jack Hawthorne said he understood that the State is prepared to write
the permit pending his firm sending another set of specifications to
replace the ones the State apparently lost. This will be done, as well
as giving Mr. Chaves a complete set and the Health Department. Mr.
Hawthorne said they will make the necessary modifications and re-submit
the plans on the water line and the elevated tank, with the hope of get-
' ting the permit on this part of the project within the next week or so.
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:
WHEREAS, on June 16, 1975, two bids were opened for the con-
struction of brick sidewalks on Market Street west of Liberty
Street and on Market Street east' of Church Street, and
WHEREAS, Perry Engineering Co. , Inc. submitted the lowest ac-
ceptable bid of $9, 993.42 for the entire job,
NOW, THEREFORE, BE IT RESOLVED, that Perry Engineering Co. ,
Inc. be awarded the contract, provided that all the require-
ments of Performance Bond, Certificate of Insurance, etc.
are complied with as established in the Town Standards.
Councilman Titus pointed out that the sidewalk between the Laurel
Brigade Inn and the new Peoples Bank office is badly in need of re-
pair and thought that perhaps this could be included in Perry' s con-
, tract. Council was not in agreement with this though; _and asked
that this item be included on the PWC Agenda; Mr. Devero reported
that Dr. Crampton (who -lives in the house just east of the Library)
has requested that two driveways. be installed at the same time this
wo'tk' is.done. He has been told that this might be possible, however, ' t
it would be at his own expense. The resolution was then unanimously
adopted, as shown:
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill .
Nay: None.
. J). s COMMONWEALTH OF VIRGINIA
SIc
- SI:: ;y , COUNTY OF LOUDOUN
';, �; .rt
; BOARD OF SUPERVISORS
� ��Y 18 EAST MARKET STREET
LEESBURG,VIRGINIA 72075
list
TELEPHONE:777-2661
Extension 20 •
June 19, 1975
n
Mayor G. Dewey Hill
Town of Leesburg
203 Anne Street
— - Leesburg, Virginia 22075
Dear Mayor Hill:
Pursuant to the request of the Public Works Committee of the Town Council of Leesburg,
Virginia, the Board of Supervisors of Loudoun County is herewith listing below its
plan for the sequential construction of its parking facilities associated with the
development of the new county office building.
1. Demolish the dwelling units from 31 East North Street to 43 East North ,
Street, inclusive.
A contract has been awarded and we expect this work to be completed within
the next two weeks.
2. Proceed with the construction of a temporary parking facility located on
the land known as "Tunis Plaster Estate" adjacent to North Street, Slack
ILane and Cornwall Street which will provide approximately 55 parking
,l spaces. As we understand it, this scheme has been approved by the
Leesburg Town Planning Commission at its meeting on June 12, 1975. It
should be understood that the temporary parking lot is not part of the
official site plan for the new office building, but is simply a facility
11 to allow for parking during the construction of the new building; which
� incidentally will require the removal of approximately one half of our
existing parking.
1
3. At such time as the new office building is complete, or nearly complete,
we plan to construct the parking lot which is essentially an overlay of
the asphalt on our existing parking lots which have been diminished in
size, including the construction of certain drainage devices, islands , etc. ,
which is included in the formal site plan application. It is possible that
in the interim period additional property might be acquired by the County.
which will require revision of our site plan, at which time we would be
back before the appropriate Town officials for approval of a revised site
plan, if necessary.
w ( James F.Brownell James E.Arnold Frank Ratio
A.
/ William C.Crossman,Jr.,Chairman Blue Ridge District Catoctin District Leesburg District
Mercer District
John Costello Henry Stowers James F.Cave
Broad Run District Duties District Sterling District
Mayor G. Dewey Hill
Page 2
June 19, 1975
4. Concurrently with Item 3, it is our plan after allowing the temporary
parking facility mentioned in Item 2 to settle through a winter to
construct a permanent parking lot on this site. As we understand it,
this will require formal site plan approval by the appropriate Town
officials, at which time certain details such as the ultimate typical
section of North Street, Slack Lane and Cornwall Street should be known.
Also we would have had an opportunity during the temporary period to
work out any interior problems- which might arise in the parking lot
before placing final pavement.`
Obviously this Board is unable to predict what might occur in the future. This is
especially true during this period of economic difficulty where the local government
y/ dollar is being strained more and more.
Sincerely,
u-i ttero -_
William C. Crossman, Jr.
Chairman
Loudoun County Board of Supervisors
84
MINUTES OF JUNE 25, 1975 MEETING.
On motion of Councilman Ridder, seconded by Councilman Bange,
the following resolution was proposed:
BE IT RESOLVED, that the Loudoun County Board of Super-
visors be exempted from the requirements of the surety
and performance bonds for the final approval of the site
•
plan of the County Office Complex and parking, and
BE IT FURTHER RESOLVED, that. the Town requests from the
Loudoun County Board of Supervisors a letter of intent
as to date of completion of the parking lot project lo-
' cated at North Street, Slack Lane and Cornwall Street, ,
in accordance with Section 9A of the Zoning Ordinance.
There followed lengthy discussion, with Mayor Hill reading a letter
from the Chairman of the Board of Supervisors setting forth the plan
for construction of parking facilities in connection with the County
Office Building. The resolution was then adopted by a vote of 5 to 1,
as shown:
Aye: Councilmen Bange, Newman, Ridder, Titus and Mayor Hill.
Nay: _Councilman Rock.
There was lengthy discussion concerning action to be considered as
to developers who have been granted water andsewer..capacity since the
roratorium of-February 14, F.72. Mayor Hill referred these thoughts
back to the Public Works Committee, to be drafted into resolution form
for consideration by Council.
On motion of Councilman Titus, seconded by Councilman Ridder, the
following resolution was proposed:
BE IT RESOLVED, that the form of the proposed Standard Contract
for Work for the Town is hereby approved.
It was explained that this approves the form only, not the contents.
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 Bange, the
following resolution was proposed and unanimously adopted, as shown:
WHEREAS, it is necessary to amend the STANDARD CONSTRUCTION
SPECIFICATIONS - Water, Sewer, Streets and Appurtenances, in
order to incorporate better procedures for the implementation
of Town requirements,
NOW, THEREFORE, BE IT RESOLVED, that the following specifica-
tions of the construction requirements be amended as follows:
1 . Page G-10, #22, nCertificate of Completion, add the follow-
ing:
". . . and recommending the release of the Performance
Bond upon presentation of a Maintenance Bond and ap-
proved sets of As-Built plans."
2. Page G-11, #24, Guarantee and Maintenance, amend last
line of Page G-11 to read:
" . . in the amount of fifteen (15) percent of the gross
amount of the contract, or $250, whichever is greatest.
' soAlso, add the following paragraph to this section: 2
"The Maintenance Bond for storm sewers, streets and
appurtenances outside the corporate limits will be
issued to the Town and will remain in full force and
effect until written acceptance by the Virginia De-
partment of Highways and Transportation is provided
to the Town. "
86 MINUTES OF JUNE 25, 1975 MEETING.
southwest corner of the aforementioned McVay property; thence
running along a line common to the said properties of McVay
and the Town of Leesburg N 26° 53' 00"- E - 36. 38 feet to a
drill hole in a concrete walk, said point being the inter-
section of the aforementioned reservation for alley and the
east property line of the said property of the Town of Lees-
burg; thence running along the line common to the said prop-
' erties of McVay and King Street Properties, said line also
being the centerline of the said reservation for alley. S 630
29 ' 40" E - 71 . 9(4-4@etn gre)nail ; thence continuing along a
line common to MeVay/and King Street Prop8rties, along the
centerline of said 10 foot alley and S 62 44' 53" E - 139. 18
feet to the point of beginning, containing 3, 077 square feet.
Subject, however, to a reservation for alley being 4 feet
wide and adjoining the north line of the above described tract
and any other easements , rights-of-way or restrictions of record.
BE IT RESOLVED, that the public necessity for the, acquisition-
of said property is for the following purposes ;
(1) To provide proper circulation of vehicular traffic for
parking, delivery of goods and services , emergency vehicles ;
(2) To provide for proper firelanes ;
(3) To provide for attendant storm sewer and drainage facili-
ties ; and
(4) To provide for the preservation of pedestrian walkways .
BE IT FURTHER RESOLVED, that Jan Dickson McVay be offered the
sum of $10, 445. 76 for 3, 077 square feet of land, as more par-
ticularly described above and shown on plat prepared by DeLash-
mutt Associates dated October, 1974, and attached hereto.
BE IT FURTHER RESOLVED, that in the event Jan Dickson McVay re-
fuses to convey said property for said price, then and in that
event, said property is to be acquired by eminent domain pro-
ceedings in accordance with the Code of Virginia, as amended,
and the Town Charter, including the right of early entry on
said property. •
BE IT FURTHER RESOLVED, that 0. Leland Mahan, Attorney, is
hereby retained to represent the Town of Leesburg in the acqui-
sition of said property and we further authorize him to proceed
forthwith to acquire said property in accordance with these
Resolutions and to certify title to the same.
BE IT FURTHER RESOLVED, that 0. Leland Mahan is hereby author-
ized to employ consultant(s) as he deems necessary to assist
in the preparation and processing of the condemnation proceed-
ings .
The resolution was unanimously adopted, as shown:
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill .
Nay: None
Councilman Titus will work with Mr. Mahan on acquisition of this prop-
erty.
On motion of Councilman Titus, seconded by Councilman Bange, the
following resolution was proposed and unanimously adopted, as shown:
WHEREAS, a request has been received from the Stanley Herrells
for a sewer connection on their: land on South King Street, and
WHEREAS, the Town Council has previously negotiated a joint
policy with the Loudoun County Health Department regarding
connections of this nature,
85
MINUTES OF JUNE 25, 1975 MEETING.
3. Page G-30, #69, As-Built Drawings, add at the end of the
last paragraph:
". . . and for the release of the Performance Bond. "
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill . '
Nay: None.
There was discussion concerning a resident who was illegally tap-
ping' a fire hydrant for water. Mr. Devero advised that this is a mis-
demeanor and charges have been filed, with a Court date to be set soon.
On motion of Councilman Rock, seconded by Councilman Ridder,
the following resolution was proposed and unanimously adopted:
BE IT RESOLVED, that the County of Loudoun be and it is hereby
authorized to adopt the Erosion and Sediment Control Program
and Plan entitled "Loudoun County Erosion Control Ordinance"
as the program and plan for the Town of Leesburg.
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill .
Nay: None.
Councilman Titus requested that a copy of this ordinance be sent to
the Virginia Water and Soil Conservation District for approval . Mayor
Hill said he would take this with him tomorrow.
On motion of Councilman Ridder, seconded by Councilman Bange,
Council voted unanimously to go into executive session to discuss land
acquisition and legal matters at 12 : 00 Midnight. ,
On motion of Councilman Bange, seconded by Councilman Newman,
II
Council reconvened at 12: 25 A.M.
On motion of Councilman Rock, seconded by Councilman Bange, the
following resolution was proposed, with the reading of same being waived:
BE IT RESOLVED, by the Town Council of the Town of Leesburg,
that a public necessity exists for the acquiring of that cer-
tain property owned by Jan Dickson McVay and described as fol-
lows:
PARCEL ONE:
Beginning at a point in the west right-of-way line of South
King Street, said point being the intersection of said west
right-of-way line and the centerline of an 8 foot reserva-
tion for alley, as mentioned in a deed recorded in Deed Book
3 Q' s, at Page 110, among the Land Records of Loudoun County,
Virginia, said point also being a corner common to the proper-
ties of King Street Properties and Jan Dickson McVay, said
point being the northeast corner of Parcel One, as same ap-
pears on a survey by DeLashmutt Associates showing Part of the
Property of Jan Dickson McVay and the Town of Leesburg, dated
October 1974 (revised June 18, 1975) ; thence running along
the said west right-of-way line of South King Street S 27
08 ' 30" W - 4. 00 feet to a point, said point being the inter-
' section of said west right-of-way line and the extension of
the north building wall of the said property of Jan Dickson
McVay; thence departing from said west right-of-way line and
running through the said property of Jan Dickson McVay along
the 8forementioned north building wall and with it8 extension
N 62 44' 53" W 142. 25 feet to a set nail and S 26 36' 20" W -
32 .42 feet to a point in a line common to the said McVay prop-
erty and the property of the Town of Leesburg (formerly the
Cecilia Dunn Estate) ; . thence running along a portion of the
line common to the said properties of McVay and the Town of
Leesburg, N 63° 29 ' 40" W - 69. 01 feet to a set nail, said
nail being a corner common to McVay and other properties of
the Town of Leesburg, said point also being the original
and the Town of Leesburg and continuing with a line common to the
aforementioned properties of McVay
•
a
87 .
MINUTES OF JUNE 25, 1975 MEETING.
NOW, THEREFORE, BE IT RESOLVED, that the Council grants this
connection, contingent upon that policy, and that the stipula-
tions provided by the Loudoun County Health Department are com-
plied with.
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
Mr. Devero reported that a letter was sent on June112, 1975 to • 1
Mr. Louis H. Foltz, of Valley Sanitation Service, listing defaults on his y
II contract and stating that the Town would terminate the contract unless
these defaults were complied with within ten (0 days from receipt of
the letter. This letter was received by him on June 13th. A break-
down of each of these items has been received from him conforming with
the defaults. The insurance company has notified the Town that he has
liability coverage with limits of $100, 000, $300, 000 and $500, 000 ef-
fective June 19th through Lloyds of London. He also has workmen' s
compensation insurance effective June 19th through Maryland Casualty
Company. Mr. Foltz felt that some of the complaints received by the
Town have been due to the fact that there was no routine route. He
has now made out a route for the trucks. Mayor Hill said Council
will scrutinize this method of pick-up and, should any default arise
in the future, Council will take action post-haste. Councilman Titus
requested that the Town Manager and the Town Attorney make every ef-
fort to clear the bond situation to their satisfaction. Mr. Devero
advised that their checks have been changed to reflect "Valley Sani-
tation Service" rather than Valley Sanitation, Inc.
On motion of Councilman Bange, seconded by Councilman Rock, the
meeting was adjourned at 12 : 34 A.M. , June 26, 1975.
dr i
/ .�,-1
�' Clerk of the Counci
/
II
4•