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HomeMy Public PortalAbout1977_07_13 Cc?id 0 � MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 13, 1977. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on July 13, 1977 . The meeting was called to order by the Mayor at 7 : 31 P.M. , with the invocation being offered by Mr. Tolbert, and followed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stan- ley D. Herrell , Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also, Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope and Town Attorney George M. Martin. The minutes of regular meeting of June 22, 1977 and public hear- ing of June 23, 1977 were approved as written. Bids for a franchise for telephone service for the Town of Lees- burg were received at this time, with The Chesapeake and Potomac Telephone Company of Virginia presenting the only bid in the amount of $100. 00. Mayor Newman declared the bidding closed. The bid from C & P Telephone Co. read as follows : TO THE MAYOR AND COUNCIL OF THE TOWN OF LEESBURG, VA: Gentlemen: The Chesapeake and Potomac Telephone Company of Virginia bids the sum of One Hundred Dollars ($100. 00) for the franchise proposed to be granted in the ordinance, which has been advertised in the Loudoun Times-Mirror, entitled, "AN ORDINANCE GRANTING A FRANCHISE TO , ITS SUCCESSORS AND ASSIGNS, TO USE THE STREETS AND OTHER PUBLIC PLACES OF THE TOWN OF LEESBURG, VIRGINIA, FOR ITS POLES , WIRES, CONDUITS, CABLES AND FIXTURES. " - And if the said franchise is granted to. The Chesapeake and Po- tomac Telephone Company of Virginia, it will observe and perform all the conditions and requirements contained in said ordinance and will reimburse the Town of Leesburg for the cost of advertising the same, and will give the bond as required by law. A certified check for the sum of One Hundred Dollars ($100.00) the bid hereby made, is herewith enclosed. THE CHESAPEAKE AND POTOMAC TELE- PHONE COMPANY OF VIRGINIA Ls/ Lee C. Tait Vice President 77-0-11. - Ordinance - Granting to The Chesapeake and Potomac Telephone 'Company of Virginia, its successors and assigns, a franchise to use the streets and other public places of the Town of Leesburg, Virginia, for its poles, wires, conduits , cables and fixtures. On motion of Mr. Bange, seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted after presentation of and reading of the required bond: WHEREAS, this Council at a meeting held on the 25th day of May, 1977 enacted an ordinance entitled "AN ORDINANCE Grant- ing a franchise to The Chesapeake and Potomac Telephone Com- pany of Virginia, its successors and assigns, to use the streets and other public places of the Town of Leesburg, Vir- ginia, for its poles , wires , conduits, cables and fixtures" and a resolution entitled " A RESOLUTION Authorizing adver- tisement for bids for telephone franchise" ; and WHEREAS, such ordinance was published in the Loudoun Times- Mirror, a newspaper having general circulation in the Town of Leesburg, Virginia at least once a week for four successive weeks as required by law, and a certificate of such publication has been filed with the Clerk of Council of the Town of Leesburg; and 251 MINUTES OF JULY 13, 1977 MEETING,. WHEREAS, the presiding officer of the Council thereupon in- vited bids for such franchise as required by law; and WHEREAS, The Chesapeake and Potomac Telephone Company of Vir- ginia submitted in writing a bid in the amount of $100.00 for the franchise; and WHEREAS, a bond in the amount of $500. 000 has been submitted by said Company, in accordance with Section 15. 1-312, Code of Virginia of 1950, as amended: NOW, THEREFORE, ORDAINED by the Council of the Town of Lees- burg, Virginia, as follows : SECTION I. The Chesapeake and Potomac Telephone Company of Virginia, its successors and assigns, for a period of twenty- five years be and is hereby authorized and empowered to con- struct, maintain and operate its posts, poles, conduits, man- holes, ducts, cables, wires and all other necessary overhead and underground apparatus on, over, along, in, under and through the streets, alleys, highways and other public places within the limits of the Town of Leesburg, in the County of Loudoun, and State of Virginia, and to use the property of other companies and permit other companies to use its prop- eity upon such arrangements as the two companies may agree; PROVIDED: (a) All poles erected by said Company shall be neat and sym- metrical , and shall be so located as in no way to interfere with the safety or convenience of persons traveling on or over the said streets, alleys, highways and other public places ; and in the installation and maintenance of its under- ground system, said Company shall not open or encumber more of any street, alley, highway or other public place than will be necessary to enable it to, perform the work with proper economy and efficiency. (b) The erection of poles and construction of conduits, under the provisions of this ordinance, shall be subject to the supervision of a representative of the Town, and said Company shall replace and properly relay any sidewalk or street pavement which may have been displaced or damaged by it in -the construction and maintenance of its system. (c) Space on one (1) crossarm of the poles erected or in one (1 )pduct of the conduits constructed, under the provisions of this ordinance, shall be reserved free of charge, for the purpose of carrying wires of any .fire alarm or police tele- graph system-owned and maintained by said Town, provided the said wires are placed and maintained in such a man_ner_as may be prescribed by the said Company, and in no case used to carry electric light or high-tension currents. (d) The said Company shall maintain its lines in good and safe order and condition; and shall at all times fully in- demnify, protect and save hatless the said Town from and against all claims arising from the erection, construction or negligent maintenance of its said lines . SECTION II. Nothing in this ordinance shall be construed to grant unto the said Company any exclusive right or to prevent a grant of similar privileges to other companies. SECTION III. This ordinance shall bein full force and ef- fect from and after its passage. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. .. 252 MINUTES OF JULY 13, 1977 MEETING. 77-0-12 - Ordinance - Amending Section 17-1 of the Town Code to revise the rate of tax on all real estate. On motion of Mr. Merrell, seconded by Mr. Tolbert, the following ordinance was proposed: BE IT ORDAINED by the Council of the Town of Leesburg, Vir- ginia, as follows: SECTION I. That Section 17-1 of the Town Code is hereby amended to read as follows : Sec. 17-1 . Annual levy and rate of taxes. Taxes shall be levied and collected in the manner de- scribed by the provisions of this Code and other ordinances of the municipality and laws of the state, for each fiscal year beginning July first, and ending June thirtieth, until otherwise changed, for the support of the municipal govern- ment, the payment of interest on the municipal debt and for other municipal purposes , as follows : (1) The tax on all taxable real estate shall be at the rate of $0. 26 on every $100. 00 of the assessed value thereof. (2) All tangible personal property, excepting therefrom the classes of household goods and personal effects classi- fied in Section 58-829. 1 of the Code of Virginia, and includ- ing 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 $1. 00 on every $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 $1.00 on every $100. 00 of the assessed value thereof, and taxable real estate of such public service corporation shall be taxed at the rate of $1. 00 on every $100.00 of the assessed value thereof. (4) The tax on all bank stock subject to taxation within the municipality shall be at the rate of $0. 80 on each $100.00 of the taxable value of the share of the stock in any bank located in the municipality, subject to the provisions of Section 58-476. 2 of the Code of Virginia. SECTION II. That an emergency exists and this ordinance shall be in full force and effect from and after its pas- sage. Mr. Titus felt that the tax rate could be reduced. The Ordinance was adopted by a vote of 5 to 2 : Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor Newman. Nay: Councilmembers Rock and Titus. Mr. Cole left the meeting at this time. 77-120 - Resolution - Authorizing notice of publication of Public Hearing on Application Number ZM-17 by Tavern Square Associates. On motion of Mayor Newman, seconded by Mr. Bange, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • A Notice of Public Hearing to consider Application Number ZM-17 by Tavern Square Associates to have rezoned from R-2 to B-1 a tract of land containing 78, 883 square feet located 253 MINUTES OF JULY 13, 1977 MEETING. on the east side of Memorial Drive shall be published in the Loudoun Times-Mirror on July 21 , 1977 and July 28, 1977 for Public Hearing on August 10, 1977 at 7 : 30 P.M. in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia. Mr. Rock raised the question as to whether or not this is a perfunctory measure - at what stage does the Council have any say at all? It was indicated that the Council could take a position after its public hearing. The resolution was unanimously adopted : Aye: Councilmembers Bange, Herrell, Rock, Titus , Tolbert and Mayor Newman. . Nay: None. Proposed resolution concerning restrictive covenant by White' s Ferry, Inc. for Rezoning Application ZM-17 by Tavern Square Associates. On motion of Mr. Bange, seconded by Mr. Titus, a resolution was proposed to place a restrictive covenant of record on a tract of land owned by White' s Ferry, Inc. , on which a rezoning applica- tion has been filed and on which application the Town Council will hold a public hearing on August 10, 1977 . Mayor Newman understood that these buildings would be purchased by professional people - they would not be rental units. She could foresee some problems if any of these owners would vacate the property for one reason or another - perhaps another owner would not be made aware of such a covenant. There is also a question as to who would enforce such a -' covenant - it would seem that this would be the Town' s responsibility and some expense could be incurred. Mr. Martin agreed - such a cove- nant would run to the Council - therefore, it would be up to the Town to enforce it. He said he has done some research on this and he has a serious question as to the validity of such a covenant - in some cases it might be called contract zoning and would be in violation of the the legislative function of the Council to enter into such a contract. A case of this kind in Fairfax was held invalid and the greater majority of such cases are opposed to the Council entering into such a covenant. Mr. Rock asked if he was saying that this could be contracting away the Council ' s legislative authority. Mr. Martin said this could be an expression of the Court; also spot zoning - you could be violating the Comprehensive Plan and the zoning category. Mr. Donald W. Devine, as an attorney and the Coummonwealth' s Attorney, agreed with Mr. Martin. By accepting such a restrictive . covenant on the land, the Council would be making a deal with the owner for the owner' s private benefit and could be bargaining away its legislative power. If Council feels this land is suitable for professional offices, then it should rezone it to such a category, but not with a restrictive covenant on it. He offered to submit a legal memorandum, if desired, on the point that such a zoning is a deal, it is contract zoning and has been held by most of the courts considering it_ as illegal and violating the Master Plan. From a personal standpoint, if this land is zoned B-1, then he would have commercial property next door to his residence - he could then ask that his land also be zoned commercial and share in the benefits. However, with a restrictive covenant, he would get all the detriments, but none of the benefits and neither would his neighbors. He felt that this land should remain R-2 - it is not connected to any other B-1 area. There are vast amounts .of B-1 and B-2 .areas and there is undeveloped land in a B-1 area near the hospital . This is spot zon- ing and, if a restrictive covenant is added to it, this would be doubly illegal. Mr. Titus asked Mr. Devine if he has had such cases before him as Commonwealth' s Attorney. Mr. Devine said he has - there are some jurisdictions that allow this by statute, however, even in some of these cases the statute has been overturned on the grounds that the Council decides what use shall be made of that land, but not at the persuasion of developers offering such restrictive covenants. A roll call vote on the proposed resolution unanimously defeated it: Aye: None. Nay: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and Mayor Newman. 9 ,) A MINUTES OF JULY 13, 1977 MEETING. 77-121 - Resolution - Authorizing notice of public hearing on Pro- posed Subdivision Ordinance. On motion of Mr. Bange, seconded by Mr. Tolbert, the following resolution was proposed and adopted by a vote of 5 to 1 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A Notice of Public Hearing on the Proposed Subdivision Ordi- nance shall be published in the Loudoun Times-Mirror on Aug- ust 11 , 1977 and August 18, 1977 for Public Hearing on Aug- ust 24, 1977 at 7 : 30 P.M. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. • Nay: Councilmember Titus. 77-122 - Resolution - Adopting and establishingfiscal impact pro- cedure .for new or expandd programs. On motion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Town of Leesburg is continuously asked to ap- prove participation in programs , federal , state or local , for which there is little or no initial cost, and WHEREAS , the decision to approve or not to approve might be different if the incurred costs for the succeeding five years were known, NOW, THEREFORE, RESOLVED by the Council of the Town of Lees- burg, Virginia, as follows: • SECTION I. The Town Council hereby adopts a fiscal impact procedure by which every new program or expansion of an existing or old program or activity that could involve addi- tional funding shall carry with it a cost estimate for the current year and for each of the first five years of said program or activity. SECTION II. The Town Manager is directed- to establish such a procedure as is satisfactory to the Council, so that such procedure becomes an operating part of the Town' s Government. Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Proposed resolution concerning the filling and enclosure of a flood plain area - Parcel M, Section 1, Virginia Village. It was noted that counsel for the applicant has requested a 4-week deferment of this item Ondmotion of Mr. Titus, seconded by Mr. Bange, a substitute motion/to withdraw this item from the Agenda and send. it back to workshop. This motion was unanimously adopted and Mr. Shope was asked to explain a report received from the con- sultants at the workshop meeting: Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. • 77-123 - Resolution - Renaming Arylee Avenue to Ayrlee Avenue. On motion of Mr. Bange, seconded by Mr. Herrell , the following resolution was proposed and unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : • 255- MINUTES OF JULY 13, 1977 MEETING. That Arylee Avenue, located in Andover Meadow, Section 1 , from Morven Park Road west to the Corporate Limits, is hereby renamed Ayrlee Avenue. Aye: Councilmembers Bange, Herrell , Rock, Titus , Tolbert and Mayor Newman. Nay: None. 77-124 - Resolution - Accepting public improvements and authorizing acceptance of maintenance bond for Belmont Sub- division. On motion of Mr. Titus, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the subdivider/developer for Belmont Subdivision has completed all public improvements in accordance with Town Standards and Specifications, and these have been in- spected and approved and as-built plans have been submitted and approved, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The public improvements in Belmont Subdivision are accepted for public use by the Town. SECTION II. The maintenance bond in the amount of $4, 736, approved by the Town Attorney, is accepted. Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and Mayor Newman. - Nay: None. Mr. Titusasked that a report prepared by .Town Manager Niccolls on Pro-Rata Share be discussed at the next workshop. 77.-125 - Resolution - Authorizing. a contract with Tri-County Asphalt Co. , Inc. On motion of Mr. Bange, seconded by Mr: Rock, the following resolution was proposed: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The manager is authorized and directed to exe- cute a unit price contract on behalf of the Town with Tri- County Asphalt Co. , Inc. , P. O. Box 629, 'Leesburg, Virginia, for Schedule I, II, III and IV, Improvements to Leesburg Mu- nicipal Airport, in accordance with the Plans, Special Pro- visions and Construction Specifications for ADAP Project ##5-51-0027-01 prepared by Airways Engineering Corp. , dated May 6, 1977 and May 31 , 1977 , respectively, for a contract sum of $538, 263. 50 based upon the unit price proposal re- ceived June 10, 1977 from Tri-County Asphalt Co. , Inc. SECTION II. An appropriation is made to the account shown below for the fiscal .year ending June 30, 1978 as follows : Account No. & Name: Appropriation 30000. 824 Airport Improvements $ 538, 263. 50 SECTION III. This resolution shall be in effect upon ap- proval of the contract authorized in Section I herein by the United States of America Federal Aviation Administration. Mr. Niccolls said the FAA has approved the award of the contract, the Company' s EEO program has been approved and they are ready to start work next week. A pre-construction conference has been scheduled by Mr. Shope. The Airways Engineering contract was also tL 56 MINUTES OF JULY 13, 1977 MEETING. • approved. -The -FAA •alsorconcluded that the .fee for inspection should be lower. Mr. Titus referred to a reportnc.erning tie-downs at the Airport and called attention to the fal, of• the 45 spaces leased at the Airport, six have their mailing address in Leesburg and two live within the corporate limits. This is significant for tax rea- sons. The Town is spending $600, 000 for two planesnbelonging to people living in the corporate limits, although notall of this $600, 000 is the Town' s money. Mayor Newman asked where we stand insofar as a FBO is concerned. Mr. Niccolls said the Committee has met four times - since it was reactivated; twice with Mr. Crenshaw. He did not know the conclusion from- the last meeting, but its pur- pose was to refine the issues and get the Committee s viewpoint regarding several items, such as the area of land to be leased, the services to be required- by the FBO, whether the FBO will be obligated for common area maintenance, etc. The Committee did not schedule another meeting immediately = there is some concern as to the duties and responsibilities of the members. There will be some representation at the next Council workshop. The foregoing resolu- tion was adopted by a vote of 5 to 1 : • Aye: Councilmembers Bange, Rock, Titus, Tolbert and Mayor Newman. Nay: Councilmember Herrell . 77-126 - Resolution - Authorizing an inspection contract with Airways Engineering Corporation of Virginia. On motion of Mr. Bange, seconded by Mr. Rock, the following resolution was proposed: BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • SECTION I. The manager is authorized and directed to exe- cute a contract with Airways -Engineering Corporation of Virginia for inspection of improvements to Leesburg Municipal Airport for ADAP Project No. 5-51-0027-01 , in accordance with their proposal dated March 7 , 1977 , in the amount of $32, 000.00. SECTION II. An appropriation is made to the account shown below for the fiscal year ending June 30, 1978 as follows : Account No. & Name Appropriation 30000. 824 Airport Improvements $ 32, 000.00 SECTION II. This resolution shall be in effect upon ap- • proval of the contract authorized in Section .1 herein by the United States of America Federal Aviation Administration. Mr. Niccolls explained that this project will take approximately 120 days . There will be two inspectors at the Plant during asphalt operations and one at the site where the asphalt is being poured. About $7 , 500 of these costs will be paid to Law Engineering Testing Laboratories for tests to be used. Inspection is an expensive part of this project and the Town is obligated to the FAA rules to have it. They have agreed to at least two comment letters to reduce some of these rules and make it less costly to the Town. They are within the range for inspections of this type. The liability is on the Town if something goes wrong, unless it fails due to workmanship or a defect in materials - then it is on the contractor' s bond. The resolution was adopted by a vote of 4 to 2: Aye: Councilmembers Bange, Rock, Tolbert and Mayor Newman. Nay: - Councilmembers Herrell and Titus. • 77-127 - Resolution - Authorizinga contract with Richard F. Kline, Inc. for Mers Well Sand Control and Automa- tion of Water Supply. • Orcmotion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows.: 257 MINUTES OF JULY 13, 1977 MEETING. SECTION I. The manager is authorized and directed to execute a lump sum contract on behalf of the Town with Richard F. Kline, Inc. , P. 0, Box ,665, Frederick, Maryland for Myers Well Sand Control and Automation of the Town' s Water Supply in accordance with the plans and construction specifications prepared by Bengtson-DeBell, Inc. , dated March 1977 for a contract sum of $78, 629.00 based upon the lump sum proposal received June 15, 1977 from Richard F. Kline, Inc. SECTION II. An appropriation is made for the fiscal year ending June 30, 1978 : Account No, and Name Appropriation 50000. 805 1976 Waterworks Improvements $78, 629. 00 There was considerable discussion concerning the difference between the two bids received for this work. The resolution was unani- mously adopted : Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-128 - Resolution - Regarding August Court Days, 1977 . -4 On motion of Mr. Titus , seconded by Mr. Rock, the following resolution was proposed: WHEREAS, the Loudoun Restoration and Preservation Society, Inc. proposes to conduct an August CourtPays, 1977 cele- bration within the Town of Leesburg on August 13 and 14: RESOLVED by the Council of the Town of Leesburg, Virginia, as, follows : SECTION I. The closing of King Street from Loudoun to Cornwall Streets , and the closing of Market Street from Church to Wirt Streets, to motor vehicle traffic for use during August Court Days, 1977 , August 13 and 14, is ap- proved provided, however, persons wishing to use these streets without participating in the August Court Days, 1977 celebration shall not be obligated to make any do- nation for doing so. - SECTION II. The Loudoun Restoration and Preservation Society, Inc. is authorized to use the northwest portion of the municipal parking lot for August Court Days activities. SECTION III. The Loudoun Restoration and Preservation So- ciety, Inc. shall carry liability insurance coverage in the amount of $500, 000 bodily injury and $100, 000 property dam- age, with the Town of Leesburg being named as additional in- sured, for its activities during August Court Days, 1977 and a certificate of insurance for this coverage shall be fur- nished to the Town by July 30, 1977 . SECTION IV. Section 17-63 of the Town Code is hereby waived for both the. crafts people and food vendors in connection with the August Court, Days, 1977 program to be held on Aug- ust 13 and 14, provided all such crafts people and food ven- dors have registered with the Loudoun Restoration, and Preser- vation Society, Inc. and the Society has furnished the Town with a list of those participating in. the August Court Days celebration. At the suggestion of Mayor Newman, Council• discussed the closing of King Street from Loudoun to North Street, rather than Cornwall, how- ever it was decided that the closing would go no further than Corn- wall Street. Miss Patsy Tavenner, a resident at the corner of Loud- oun and Liberty Streets, spoke of the confusion and noise last year and asked that, if at all possible, traffic not be routed over Lib- erty Street this year. She felt there should be signs posted di- recting through traffic and trucks to use the By-Pass. 258 MINUTES OF JULY 13, 1977 MEETING. Mr. Ray Baine, coordinator for August Court Day • activities, said it would be rather difficult to open King Street at night - there will be platforms at both ends. He did not anticipate any- thing other than- booths on Market Street, but it is not known how many there will be at this time. There are about 75 applicants for booths at this time and there will -be others coming in, so anticipated that there will be 50 . to ' 75. If they, are put on the sidewalk, 'this will block access to business houses and show win- dows. He said they would make an effort to open Market Street at night; depending how many booths they have. Mr. Stanley Caulkins said the Downtown Business Association is endorsing this project. - The merchants have been invited _to use space in front of their own businesses if they so desire. If not, these spaces will be rented to other vendors for displays, etc. The business community agrees that there are some problems in the logistics of this project, but they hope to create a festive ac- tivity and give everybody a chance to see - if it doesn' t work, they will be learning from it. About 90 percent of their group agreed to try to put this over - it is a good thing for the Restoration Society and will be promoting Leesburg and Loudoun ' County. Also, the Chamber of Commerce is going to attempt to have a booth at each activity in the County - the Bluemont Fair and Waterford Fair, etc. - to try to create interest in the County as well as in Leesburg. Mr. Titus felt that the County is supporting this activity and he feels that the Town should try to make it as successful as possible., Also, he understood that there are food vendors that did not know about the Health Department requirements. Mr. Baine said the food vendors have been notified. Mr. Baize presented the required certificate of insurance coverage. He also said it is planned -to sell •tickets for $1 . 50 per person which will admit these persons to all activities. The people who want to go to a specific store, bank, etc. will cer- tainly not be charged just to walk down the street - if they desire to enter the Court House lawn, they will be charged. Mrs. narorpAl asked that WAGE and the Times-Mirror impress upon the resiaencs they will not be charged this $1. 50 just for the privilege of walk- ing up the streets of Leesburg. The resolution was unanimously adopted: Aye: CAuncilmembers Bange, Herrell , Rock Titus, Tolbert and Mayor Newman. Nay: None. 77-129 - Resolution - Revising appropriations for- the fiscal year ending June 30, 1977. On motion of Mr. Bange, seconded by Mr. Herrell, the following resolution was proposed and adopted by a vote of 4 to 2: • RESOLVED by he Town Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The following appropriations are- made for the fiscal year ending June 30, 1977 : Account No. & Name - Appropriation 2010. 201 Office Supplies & Misc. $ 75.00 5010. 201 Office Supplies 100.00 10200. 253 Auto Parts & Misc. 300.00 10210. 202 Cleaning Supplies 50.00 4020. 105 Salaries, Finance Dept. 294. 25 6010. 208 Advertising & Printing, Engineering 15. 00 10200. 251 Gasoline & Oil 1, 143.47 10210. 211 Electricity-Maintenance of Buildings 508. 28 14020. 211 Street Lighting 2, 219. 13 14020. 213 Telephone 1 , 375. 38 51/ MINUTES OF JULY 13, 1977 MEETING. Account No. & Name Appropriation 10300. 120 Utility Lines Division Overtime $ 502: 93 10300. 211 Electric Power for Water Pumping 1 , 146. 58 10300. 213 Telephone 22. 35 10301. 120 Overtime, Meter Division 15. 79 10301.231 Materials, Meter Division 163.42 10310. 213 Telephone 8. 35 30000. 107 Airport Labor 157 . 64 30000. 221 Insurance at Airport 750. 09 SECTION II. Appropriations to the accounts shown below for the fiscal year ending June 30, 1977 are hereby reduced as follows : Account No. & Name Appropriation 3010. 261 Legal Services $5, 580. 51 10310. 238 Lab. Supplies & Chemicals 1 , 859.42 30000. 214 Repairs at Airport 907 . 64 Aye: Councilmembers Bange, Herrell , Tolbert and Mayor Newman. Nay: Councilmembers Rock and Titus. Town Manager Niccolls reported: (1 ) Council has received tonight a report of invested funds and cash balances as of June 30. A trial balance for the fiscal year ending June 30 will be ready in a couple of weeks. (2) Concerning the water supply situation, Mr. Shope met with the Health Department today - he is checking into the Andover well matter, as well as investigating the lime kiln as a source of supply. The latter does not look very desirable from the Health Department point of view. (3) Mr. Martin would like to discuss with Council the South Harrison Street right-of-way and the Bryant deed. (4) Council has received tonight a copy of the letter from Mr. DeFalco to the State Water Control Board concerning the Waste- water Treatment Facilities Plan. Mayor Newman reported that there will bepabtheiting tomorrow night in the Carriage House at Oatlands at 7 : 30 P.M. concerning the Washing- ton Metropolitan Area water supply study (the 208 plan) . This is sponsored by COG, the Army Corps of Engineers, the Interstate Com- mission on the Potomac River Basin and NVPDC. She said she will be out of town, but hoped that some member of Council or the Town staff might attend and bring back a report to Council. Mr. Herrell re 51 alportion of an article in the paper today con- cerning the power ofroverning bodies to declare an emergency in the event of a water shortage. Mr. Minor said he has called the Attorney General ' s office in Richmond and they should receive a response to- morrow. Mr. Niccolls said a report will be made to the Mayor and Council. He added that there are often major distinctions between town and county powers in the State Code. Mr. Titus asked if any information had been ascertained concern- ing the light pole at Route 15 and Catoctin Circle. Mr. Niccolls re- ported that it was restricted to its present location by the exist- ence of a storm sewer crossing there. It was the consensus of Council that the Highway Department be requested to move it. Mr. Titus also requested that the matter of giving authority to close the streets for ' block parties" be discussed further at workshop. 77-130 - Resolution - Accepting Deed of Easement from Harry Sollars and Naomi Sollars for storm drainage system. Mr. Martin said Council made an offer to the Sollars for this easement and this is the deed - he cannot close this transaction un- til Council adopts this resolution. On motion of Mr. Titus, seconded 260 MINUTES OF JULY 13, 1977 MEETING. by Mr. Rock; the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : ' The Deed of Easement made the 21st day of June, 1977, by and between Harry Sollars and Naomi Sollars, his •wife, and the Town of Leesburg, for the construction, reconstruc- tion, maintenance, replacement or repair, use and' inspection of •a storm drain or storm sewer, 'including necessary' appur- tenances, of such character and sufficient size within the limit of said easement as to provide a proper and adequate outlet over, across, through and under- the land of the Grantors for a storm drainage system established by the Town, is hereby accepted and the Mayor is hereby authorized to acknowledge the same on behalf of the Town. Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. • There was lengthy discussion concerning an easement owned by • Harry Sollars across the Herbert Bryant property proposed to be pur- chased for street purposes. Mr. Martin was asked to investigate fur- ther as to the possibility of purchase of this easement in order to clear the title to the property before closing the transaction. He was asked to report back to the next workshop session of Council. On motion of Mr. Rock, seconded by Mr. Bange, the meeting was adjourned -at 9 : 20 P:M. �� Mayor 4/7 Clerk of t e Council