Loading...
HomeMy Public PortalAbout1978_01_11I1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 11, 1978. A regular meetingof the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on January 11, 1978. .. The meeting was called to order by the Mayor at 7 : 37 P.M. , with the invocation being given by Mr. Bange, and fol- lowed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley 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 and Town Attorney George M. Martin. The minutes of December 14, 1977 were corrected on Page 356, Resolution 77-219, by Mr. Titus, who did not vote• on this resolution. The minutes of this meeting were approved, as corrected. The minutes of a special meeting of December 15, 1977 and a public hearing of De- cember 21, 1977 were approved as written. Mr. Dick Frizzell, President of Health Care Medical Facilities, Blacksburg, appeared before Council seeking a commitment for water and sewer for a proposed nursing home on Morven Park Road. They took an option on the land in 1976 and were given a letter by the Town at that time stating that water and sewer would be available, this, of course, being before the water shortage. A Certificate of Need has been issued to them by the State Health Department and plans were submitted to HUD in 1977. They now have a firm commit- ment from HUD. and they must exercise that commitment by March 1st_. . The Health Department has sent a letter to the Town stating that they have no objection to Council granting this connection. This would be a good clean industry for the town - it would employ ap- proximately 110 people and project over $1, 000, 000 into the Town' s economy. They would not need this water until July of 1979 - they must have a building permit and the- water and sewer commitment by March 1st. He also stressed that there is a move afoot to re-allocate these beds to Northern Virginia if they are not used by this facility. Mayor Newman explained that the resolution adopted in June of 1975 by the then Council was in favor of "Manor Care" being provided with water and sewer, along with a provision that construction be commended within one year of approval of the- resolution. This time came and went and nothing was done, so it would seem that Council will be considering a new item here. This matter was discussed briefly, with Councilmembers asking questions- of Mr, Frizzell. Mayor Newman said no decision can be made tonight, but this item will be on the Workshop Agenda for next Wednesday night. Mr. Niccolls asked that Mr. Frizzell furnish a copy of the HUD documents and tell the Town just what this deadline means. Mr. Frank Raflo exhibited to the Council two proposed Zoning Maps for the County and said that the Board of Supervisors has been Crying for the past 18 months to get- a map that corresponds to the County' s Comprehensive Plan. He requested that members of Council meet with representatives of the County to discuss the area around the Town before the Planning Commission proceeds further. Mayor Newman set a special workshop on this matter for January 23rd at 7 : 30 P.M. , with Mr. Raflo to make arrangements for a meeting place. Public Hearing on Proposed Amendments to Sections 15-9 and 19-18 of the Town Code. A public hearingonproposed amendments •to Sections 15-9 and 19618 of the Town Code was held at this time. -. The Notice of Hearing and the proposed additions to Sec. 15-9, Sewer, and 19-18, Water, were read by the Clerk. There were no proponents or opponents to - be heard on these amendments and- no comments by councilmembers, thus the public hearing was closed by the Mayor. 78-0-1 - Ordinance - Amending Section- 10-171 of the Town Code re Parking Meter Zones. On motion of Mr. Herrell, seconded by Mr. Tolbert, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: 1 2 MINUTES OF JANUARY 11, 1978 MEETING. SECTION I. That Section 10-171 of the Town Code is hereby amended to read as follows : • Sec. 10-171. Establishment of meter zones and parking time limits- therein. ' Parking meter zones, with the following time limits for lawful parking, are hereby established as follows : (1) West side of King Street, between Loudoun Street and North Street, for two-hour parking at any one • time. II/(2) East side of King Street, between VEPCO right of way and Royal' Street; for two-hour parking at any one time. (3) South side of Market Street, between Church Street and Wirt Street, for two-hour parking at any one time, except that the time limit for lawful parking shall be 15 minutes at any one time in front of the Post Office on Market Street. (4) Municipal parking area between Wirt Street, King Street, Loudoun Street and Market Street, for 10-hour parking, except that 40 spaces shall be designated for two-hour parking at any one time. (5) East side of Church Street, between Edwards Ferry Road and Cornwall Street, for two-hour parking. at any one time, except that two spaces shall be un- metered and reserved for official cars of the State and Town Police and the County Sheriff' s Department. (6) North side of Loudoun Street, between Wirt Street and Church Street, for two-hour parking at any one time. • On motion of Mr. Titus, seconded by Mr. Bange, an amendment was pro- posed and unanimously adopted as follows: In Section (3) , change "Wirt" Street to "Liberty" Street; In Section (5) , third line, eliminate "two" spaces; SECTION II. An emergency is declared and this ordinance shall be effective from 12 : 01 A.M.. , January 12, 1978. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. The ordinance, as amended, was unanimously adopted and reads as fol- lows : • • ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. That Section 10-171 of the Town Code is hereby amended to read as follows : Sec ! 10-17l. Establishment of meter- zones and parking time limits therein. Parking meter zones, with the following time limits for lawful parking, are hereby established as follows: (1) West side of King Street, between Loudoun Street and North Street, for two-hour parking at any one time. (2) East side of King Street, between VEPCO right of way and Royal Street, for two-hour parking at any one time. 3 MINUTES OF JANUARY 11, 1978 MEETING. (3) South side of Market Street, between Church Street and Liberty Street, for two-hour parking at any one time, except that the time limit for lawful parking • shall be 15 minutes at any one time in front of the Post Office- on Market Street. • (4) Municipal parking area between Wirt Street, King Street, Loudoun Street and Market Street, . for 10-hour parking, except that 40 spaces shall be designated for two-hour parking at any one time. (5) East side of Church Street, between Edwards Ferry Road and Cornwall Street, for two-hour parking at any one -time, except that spaces shall be unmetered and reserved for official cars of the State and Town Police and the County Sheriff' s Department. • (6) North side of Loudoun Street, between Wirt Street and Church Street, for two-hour parking at any one time. SECTION II. An emergency is declared and this ordinance shall be effective from 12:01 A.M. , January 1-2, 1978. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 78-0-2 - Ordinance - Amending Chapter 4 of the Town Code by adding a new article regarding Dogs. On motion of Mr. Rock, seconded by Mr. Tolbert, the following ordinance was proposed, discussed• and adopted by a roll call vote of 6 to 1 : ORDAINED by the Council of the- Town of Leesburg, ,Virginia, as follows : - SECTION I. That Chapter 4 of- the Town Code is hereby amended to read as follows : . Chapter 4 • ANIMALS AND FOWL ARTICLE I. IN GENERAL Sec. 4-1. Raising or keeping hogs prohibited. It shall be unlawful for any person to raise_ or keep any hog within the municipality. Sec. 4-2. Confinement• of livestock. • The owner or custodian of any livestock shall _ keep such livestock confined to his own premises, by the erection of a suitable fence, so designed• and maintained that such livestock will not have access to any adjacent property. Sec. 4-3. Confinement of fowl. • The owner or custodian of any fowl shall keep such fowl confined to his own premises. Sec. 4-4. Riding, leading or driving horses or mules on sidewalks-. It shall be unlawful for any person to ride, lead or drive any horse, mule or pony on any sidewalk of the municipality. 4 MINUTES OF JANUARY 11 , 1978 MEETING. Sec. 4-5. . Killing, slaughtering, etc. , animals. it shall be unlawful- for any person to kill , butcher, slaughter or dress any ox,- beef, cow, hog, calf or sheep within, the municipality. Sec. 4-6. Unlawful display, handling, etc. , of snakes. (a) It shall be unlawful for any person to: display, exhibit, handle or use any poisonous or dangerous snake or reptile in such a manner as to endanger the life or health- of any person. ' (b) Any person violating the provisions of this - section shall be guilty of a misdemeanor and punished by a fine of not less than fifty dollars ($50. 00) nor more than one hundred fifty dollars ($150.00) , or by confinement in jail not exceeding six (6) months, or by both such fine and confinement. ARTICLE II. CONTROL OF DOGS Sec-. 4-7 . Definitions Generally. For the purpose of this Article, unless otherwise required by the context, the following words and phrases have the meanings indicated in this section, (a) "Li-vestock" includes cattle, sheep, horses, goats, swine and enclosed domesticated rabbits or hares. (b) "Poult " includes all domestic fowl and game birds raise in captivity. - (c) "Owner" includes any person having a right of property in-7757; anyperson who keeps or harbors a dog or has it in his care, or who acts as its custodian; and any person who permits a dog to remain on or about any premises occupied by him (d) "Kennel" means an enclosure wherein dogs are kept and froch they cannotescapedesignated for that purpose. (e) "Dos Warden" means any dog warden and his as- sistants appointed under this article and in accordance with sections 29-213. 8 of the Code of Virginia (1950) as amended. - ("f) "Other Officer" includes sworn officers of the town police department. (g) "Treasurer" includes the treasurer pf this county, his lawfully designated agent or other officer designated by law to collect taxes for the county. Sec. 4-8. Authority for dog warden. In accordance with sections 29-213. 8 of the Code- of Virginia (1950) , as amended, there is hereby created the position of dog warden and provisions - made for the li- I/censing and regulation of dogs in this town. The dog warden for the town shall be the dog warden appointed by the county. The duties of the dog warden shall be those provided for in sections 29-213. 8 of the State Code and • such other duties as may be authorized and regularly per- formed by the dog warden in the county. Sec. 4-9-. Amount of Licenses. It shall be unlawful for any person to own a dog six months old or over in the town unless such dog is licensed, as required by the provisions of this ordinance. Dog li- xxXXX MINUTES OF JANUARY 11 , 1978 MEETING. X XXX 5 censes shall run by the calendar; namely, from January 1 to December 31 , inclusive, and the license tax shall be payable at the office of the treasurer and the license fee amounts shall be identical• to those in effect in the county: Fertile Male $3.00 - Infertile or Spayed Female 3.00 - Fertile Female 5.00 Infertile Male 3.00 Kennel, up to and including 20 dogs $15.00 Kennel, up to and including 50 dogs 25.00 Provided, however, that no license tax shall be levied on any dog that is trained and serves as a guide dog. Sec. 4-10. When license tax payable. The ' license tax on dogs shall be due and payable as follows : (a) On or before January 1 and not later than January 31 of each year, the owner of any dog six months old or older shall pay a license tax as prescribed in the preceding section. (b) If a dog shall become six months of age or if a dog over six, months of age unlicensed by this town shall come into the possession of any person in this town between January 1 and November ]. of any year, the license tax for the current calendar year shall be paid forthwith by the owner. - (c) If a dog shall become six months: of age or if a dog over six months of age unlicensed by this town shall come into the possession of any person in this town between October 31 and' December 31- of any year, the license tax for the succeeding calendar year shall be paid forth- with by the owner and such license shall protect the dog from the date of payment of the license tax. Sec. 4-11. Payment of license tax subsequent to summons. Payment of the license tax subsequent to a summons to appear before the judge of the general district court or other court for failure to do so within the time required shall not operate to relieve such owner from the: penalties provided. Sec. 4-12. The effect of a dog not wearing collar as - evidence. Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceedingsr this ordi- nance the burden of_ proof of the fact "that the- dog has been licensed, or is otherwise not required to bear a tag at the time, shall be on the owner of the dog. Sec. 4=13. How to obtain license. - • ' - Any town resident may Obtain a dog- license bylmaking oral or written applicationlof the treasurer, accompanied by the amount of the license tax- and certificate of rabies vaccination; Such certificate of vaccination or innocula- tion shall be signed by a licensed veterinarian certifying that the dog for which the license is to- be issued- has been vaccinated or innoculated by such veterinarian within a period of 36 months with a modified live virus (Flury- Strain) rabies vaccine orvaccinated- within a period of 12 months with a killed (Phenolized) rabies vaccine. The certificate shall show the date of innoculation, type of vaccine used (whether modified live virus or killed virus) , the sex and Oi ri• s , o49a4 • MINUTES OF JANUARY -11,- 1978 -MEETING. breed of the dog and the name of• the owner. No certificate or affidavit other than the above-described certificate or a duplicate issued by a licensed veterinarian shall be ac& cepted by the treasurer. The proper application for and is- suance of licenses shall be in accordance with any rules or procedures adopted by the county. Sec. 4-14. What dog licenses shall consist of. A dog license shall consist of a license receipt and a metal tag in the style and design adopted by the Virginia Commission of Game and Inland Fisheries. The tag shall be stamped or otherwise permanently marked to show the name of the county, sex of the dog, the calendar year for which issued and the serial number. The license tag for a kennel shall show the number of dogs authorized to be kept under such license and have attached . thereto a metal identification plate for each of such dogs, numbered to correspond with the serial number of the licensed dog, except that-.a license tag issued for a boarding kennel shall not have such metal identi- fication plate attached. • Sec. 4.-15. - Duplicate license tags. If the dog license shall become, lost, destroyed, or stolen, the owner or custodian shall at once apply to the treasurer who issued the same for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the treasurer that the original license has been lost, destroyed or stolen, he shall issue a duplicate license tag which the owner or custodian shall immediately affix to the collar of the dog. The treasurer shall endorse the number of the dupli- cate and the date issued on the face of the original li- cense receipt. The fee for a duplicate tag shall be $1.00. Sec. 4-16.- Displaying receipts; dogs to tags. Dog license receipts shall be carefully preserved by the licensees and exhibited promptly on request for in- spection by any dog warden or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog, and it shall be unlawful for the owner to permit any licensed dog six months old or over to run or roam at large at any time with- out a license tax, except that when- engaged in lawful hunt- ing, in the open season and accompanied by the owner or cus- todian, the collar and tag may be temporarily- removed. The owner of the dog may remove the collar and license tag re- quired by this section (a) when the dog is engaged, in lawful hunting, (b) when the dog is competing in a dog show, (c) when the dog has a skin condition which would be exacerbated by the wearing of a collar, (d) when the dog is confined, or (e) when the dog is under the immediate control of its owner. Sec. 4-17. Regulating kennel dogs. The, owner of a kennel - shall securely fasten the license tag to the kennel enclosure in full view and keep one of the identification plates provided therewith attached to the collar of each dog authorized to be kept enclosed in the kennel ; pro- vided, however, that this requirement shall not apply to dogs being temporarily boarded in a kennel, and not personally owned 'I by the owner or operator of the kennel. Any identification plates not so in use must be kept by the owner or custodian and promptly shown to any dog warden or other officer upon request. A kennel dog shall not be permitted to stray beyond the limits of the enclosure but this shall not prohibit re- moving dogs therefrom temporarilywhile under the control of the owner or custodian for the purpose of exercising, hunt- " ing, breeding, trial or show. A kennel shall not be operated in such manner as to defraud the town of the license tax ap- plying to dogs whichcannot -be legally covered thereunder or to in any manner violate other provisions of this ordinance. M1 MINUTES OF JANUARY 11, 1978 MEETING. • • Sec. 4-18. Licensed dogs deemed personal property. All dogs shall be deemed personal property and may be subject of larceny 'and malicious or unlawful trespass, and the owners thereof may maintain any action for the killing of any such dogs, or injury thereto, or unlawful detention - or- use thereof as in the case of other personal property. It shall be unlawful. for any person except the owner or his authorized agent to administer poison to any. such dog or to . expose poison where it may betaken by any such dog, or to injure, disfigure, disable or kill any dog except as. otherwise provided in this: ordinance. The owner- of any dog• which is injured or killed contrary to the provisions of this ordinance by any person. shall be entitled to recover the value thereof or the damage. done thereto. in an- appro- priate action atlaw from such. person. A dog wardem or other officer finding a stolen dog, or a dog held or detained con- trary to law, shall have authority to seize and hold- such dog pending action before the general district or other court. : If no • such action is instituted within five days, the dog warden or other officer shall deliver the dog to its owner. The presence of a. dog on the pranises of a person other than its legal owner shall raise no presumption of theft against the owner of - such, premises, and, the dog warden-may take such.dog. in. charge• and notify its • legal owner to claim him. The legal owner of the-, dog shall..pay a reasonable charge to the county for the keep of - such dog ?a while in the possession of the -dog warden. , - Sec. 4-19.-. Running at . large. - . It shall be+ unlawful for-any • owner- to permit .his or her dog to run at large as hereinafter defined. For the purpose of this- article, a dog shall be deemed to run at large while roaming, running or self hunting ,off. the' property of its owner or cus•todian ,and not- under , its..owner' s..or custodian' s immediate control . : It shall be the duty of the dog warden or other..officer. to-.enforce. the provisions of this section and any. owner. who, after. having .been .notified ,by any dog warden or other-.officer..of the law- that his-.or..her dog is running at large, permits said- dog: to run-.at- largeor remain unconfined, unrestricted .or,.not penned up thereafter,.- shall be deemed..to. have- violated the provisions of this .article. Sec. 4-20. Dogs killing or . injuring. sheep or other -. livestock. - . IE. shall be . the duty- of any dog warden-.or other- officer who. may- find. a dog. in . the act of killing- or. injuring, live- stock. or .poultry. to kill such dog. forthwith whether -such • dog ._bears a tag orinot, ,and any person finding,.a dog commit- ting any of the depredations mentioned in this •section, shall have the right to kill such dog on sight. The General Dis- trict Court, or any other court of jurisdiction, shall have the power to order the dog warden or other officer to kill any dog known to be a confirmed poultry or livestock killer. Any dog-.killing . fowl or- livestock for the- third time- shall be .considered -a confirmed livestock or- poultry,killer. Any dog .warden .or..other person- who has reason to believe -that any-.dog is ,killing . livestock- or committing -any of • the- depre- dations mentioned in this section, shall apply; to a magis- ,, trate who shall issue a warrant requiring the owner or cus- todian, .if knowp, to .appear_before the judge of the general district court at : the time and place named therein, at which time evidence shall ,be .heard .and-.if it shall,appear ,that such a,•dog is a livestock or poultry .killer, or ,has-committed any of the deperdations mentioned.:in-,this- section, -.the dog shall be. ordered. killed immediately, ;which the dog .warden, or other officer.-designated by-.the judge- of the general ,district court to act, shall do. 8 MINUTES OF JANUARY 11, 1978 MEETING. _ . . • Sec. 4-21. Compensation for livestock and poultry killed • by dogs. Any person who has any livestock or poultry killed or injured by ary dog not his own shall be entitled to receive from- the county as compensation the fair market value of such livestock or poultry, provided. that: (a) the dog war- - den or other officer shall have been notified of the- incident within 72 hours of its discovery ; (b) the claimant has fur- nished evidence within 60 days of discovery of the quantity and value of the. dead or injured livestock and the reasons the claimant believes. that death or injury was caused by a dog; and (c) that- the dog warden has conducted- an investiga- tion and that -his investigation supports the claim. If there are not sufficient moneys in the dog fund to pay these claims, they shall be paid in the order they- are received when moneys become available. Upon payment under this section, the county shall be subrogated to the right of action of the owner of the livestock or poultry against the owner of the dog, to the extent of compensation paid, and may enforce the same in an appropriate action at law. Sec. 4-22. Confinement and- disposition of stray dogs: It. shall be the duty of. the dog warden- finding any dog running at large to deliver , such dog to. a county dog pound. Any such dog so confined shall be kept for a period of not less than five days, unless sooner claimed by the owner thereof, who in order to have the dog delivered to him shall pay all costs, and the license fee on such. dog, _ if not already paid. After five days, - such dog= may be 'humanely destroyed, or disposed of by sale or gift to a federal agency, state-supported institution, agency of the Commonwealth, agency of another state, licensed federal dealer, or by delivery to any local humane society, shelter or to any resident ofthe county who will pay the required license fee, if any, on the dog. Such delivery shall be with the understanding that should the legal owner. thereafter claim the dog and prove his ownership, he may recover such dog by paying to the person to whom. it was delivered the amount of the license fee paid by him and. a reasonable charge for the keep of the dog while in his possession. Nothing contained herein, shall prohibit the -destruction of a critically. in- jured or critically ill dog for humane purposes. Sec. 4-23. Disposal of dead dogs. • The owner of any dog which has died from disease or other cause shall forthwith cremate or-bury the same. If the owner fails to do so, .after ,notice, the •dog warden or other officer shall cremate or bury the dog and shall re- cover on behalf of the county, from-the owner. its cost for this service. Sec. 4-24. Rabid dogs. • It 'shall be the duty of any person having knowledge of the existence of .an animal apparently-afflicted with rabies .to report immediately to the Health Department, the existence of such , animal, the place where the ,animal was seen, the owner' s name, if known and the symptoms suggest- ing rabies. ' Any dog bitten by an animal believed to be afflicted with rabies , shall , be , destroyed .immediately or confined in a pound, kennel or enclosure approved by the Health. Depart- ment for a period not to exceed six months at the expense of the owner; provided that if• the bitten dog has been vaccinated against rabies..within-one year, •the dog shall be revaccinated and confined to the premises of the owner for thirty days. • Witt. 1�! MINUTES OF JANUARY 11 1978 MEETING. O 9 - g At the discretion of the Director of the 'Health'Depart- ment, ,any animal which has bitten a person shall be confined - under competent observation for ten days, unless the animal develops active symptoms of rabies or expires before that time; provided that a seriously injured or sick animal may be humanely euthanized and its head sent to the Health De- partment for evaluation. - The Director of the Health Department shall provide treatment to any person bitten by a rabid animal within the town. ' Sec. 4-25. Other unlawful acts. (a) The following shall be unlawful acts. Any person convicted by the General District Court of violating the provisions of this section may be fined not more than one hundred dollars - ($100. 00) and each day's violation shall constitute a separate offense. • (1) License application. - For any person to make a false statement in order to secure a dog license to which'he is not entitled. - (2) License tax. - For any dog owner to fail to pay the license tax required by this chapter before Febru- ary first for the year in which it is due. . In addition, the court may order confiscation 'and the proper disposition of the dog. (3) Diseased dogs. - For the owner of •any dog with a contagious or infectious desease to permit such dog to stray from his premise if such disease is known to the owner. (4) Removing collar and tag. - For any person, except the owner or custodian, to remove a legally -acquired license tag from a dog. (5) Concealing a dog. - For any person to con- ceal or harbor any dog on which the license tax has not been paid; or to conceal a mad- dog to keep the same from being killed. (6) Dog noise. - For any person to own, possess or harbor any dog of any age_which frequently or for con- tinued -duration-howls, barks Si makes other sounds which annoy or disturb a reasonable person or normal sensitivities across a residential real property boundary or through a partition common to two persons within a building. (7 ) Dog odor. . - For any person who owns, pos- sesses or harbors a dog to maintain such dog in a manner which causes odor offensive to a reasonable person of normal sensitivities across a real property boundary, or through a partition common to two persons within a building. (8) Complaints of violations of sections 4-25(6) or 4-25(7 ) shall be referred to the town police department for action. If,' after notification -by 'the police department, any person owning, possessing or harboring a dog which is the 1 source of such complaint fails to correct the condition com- plained of within a reasonable period of time a summons shall be issued to such person. (9) Any other violation of this article for which specific penalty is not provided. (b) Any person convicted by the General District Court of presenting a false claim or receiving anymoneyon a false claim under section 4-21 of this article may be punished by a fine of not more than $1 , 000 or by imprisonment for not more than 12 months; or by both such fine and imprisonment. K.r '.t ,,. MINUTES OF JANUARY 11, 1978 MEETING. Sec. 4-26. Distribution of fines. _ All ,fines collected from any person for violating any provisions of this article except Section 4-25(6) and 4-25(7) , upon conviction thereof, shall be credited to the general fund of the County of Loudoun .and deposited by the treasurer. SECTION II, Severability. Should any section, subsection, sentence, clause or phrase of this ordinance be declared in' valid by a court of competent jurisdiction, such decisions shall not affect the validity of this ordinance in its en- tirety or of any part thereof, other than that so declared to be invalid. This council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION III. An emergency is declared and this ordinance shall be effective upon its passage. It was noted by Mr. Titus that his vote against this ordinance is due to the fact that he felt it should not be an emergency ordinance. Aye: .Councilmembers Bange, 'Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: ,Councilmember Titus. 78-1 - Resolution - Authorizing an Agreement with the County of Loudoun to provide dog control and enforce- ment services. On motion of Mr. Cole, seconded by Mr. Herrell, the following resolution was proposed and adopted by a vote of 6 to 1 : RESOLVED by the "Council of the Town of Leesburg, Virginia, as follows: The Manager is authorized and directed to execute the dog control and enforcement services agreement between the town and the County of Loudoun;. said agreement being the -same as attached with a memorandum to the Council dated December 16, 1977. The Clerk of Council shall attest the aforementioned agreement on behalf of the town. Aye: Councilmembers Bange, Cole, Herrell, Titus, ,Tolbert and Mayor Newman. Nay: Councilmember Rock. Proposed resolution concerning the proposed Carrvale Well. On motion of Mr. Bange, seconded- by Mr. Herrell, :a resp-- - c, lution concerning the proposed Carrvale Well was proposed, however, after lengthy discussion, it was, referred to the Workshop -session. after its withdrawal by the makers of the motion. 78-2 - Resolution - Regarding Leesburg Country Club, Sections II and IV. On motion of Mr. Titus, seconded by Mr. Rock, the following reso- lution was proposed: - WHEREAS, certain owners of developed subdivisions located in the County of Loudoun but within the area of exclusive. sub- division control exercised by "the town were not offered an opportunity to apply for utility connections during the general moratorium on new water and sewer connections ; and WHEREAS , Leesburg Country Club Subdivision, Sections II and IV, contain numerousbuildinglots of record; were approved by the town as to lot size under the town subdivision ordi- nance on the basis that public water and sewer service, was available; the physical improvements including laterals to each lot were installed in accordance with the town require- ments ; approved by the town and accepted: • 11 MINUTES OF JANUARY 11, 1978 MEETING. • • • THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • SECTION I. Lots located outside the town which are within subdivisions served now by- existing town water and sewer facilities are hereby excluded from the moratorium on new connections to the water and sewer- system imposed by a resolution adopted January 28, 1976. Water and sewer taps to such lots shall be available only as authorized. by regu- lations of the Virginia Department of Health or the Water Control Board, respectively. • SECTION II. The extension of the town sewer and water sys- tem into Leesburg Country Club, Section' IV,- is. approved subject to the provision of-Chapters 15 and 19 of the. Town Code and the followings - (a) Sewer and water service connections to lots served by the extensions shall be available only as author- ized by regulations of the Virginia Department of Health or the Water Control Board, respectively. (b) Plans for public improvements for the subdivision shall be re-submitted for review .to the Leesburg Director of Engineering and shall be revised as necessary to meet current town regulations and re- quirements of the Director of Engineering. (c) Cost estimates for public improvements for the sub- division shall be re-submitted for review to the Leesburg Director of Engineering and shall be re- vised as necessary to reflect current construction costs. • (d) The developer of the subdivision shall execute utility extension permit applications and agreements with the ' town "for: installation of- requiredpublic improvements. (e) The developer of the -subdiviionshall provide cor- porate surety bonds in amounts sufficient • to guaran- tee completion of required public improvements. • (f) The owner of the subdivision shall convey to the• Town sof Leesburg,- free of defects or liens, Parcel "A" and the 25 foot easement for water line and easement for ingress and egress to serve Parcel—"A" as shown on the-plat of: Leesburg• Country Club, . Section IV at the time the bond required herein is presented. (g) No priority or reservation- of future sewer or water connections for Leesburg Country Club, Section IV, is established or implied by this action. 1(h) The rights conferred"by' this Section-: are: assignable by the present owners of Leesburg Country Club, Sec- tion IV, only. if the terms- and conditions of this sec- tion are contained in the contract for the sale of any. or- all tots prior to installation: and acceptance of. alLpublic -improvements ' and shall:be .in effect q only: if all the conditions hereinabove: set forth are .• fullymet prior to July 1 , 1979. On motion of Mr. . Titus; :seconded by Mr: - Bange, : Council voted unani- mously to amend subsection . (e) under Section II of the resolution by adding the words "or other approved surety" on the second line after the words "surety bonds" : Aye: Councilmembers Bange, Cole, Herrel'l , Rock, : Titus, Tolbert and -Mayor Newman. .:: . . Nay: None. :?• . . 12 MINUTES OF JANUARY 11, 1978 MEETING. On motion of Mr. Titus, seconded by Mr. Cole, Council voted unani- mously to amend the second paragraph of the resolution, second line, after the word "numerous" to read residential building lots as set forth- on duly approved subdivision Plats. recorded- among the land records of Loudoun County, Virginia ',:. _ - • Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. . Nay: None. The resolution, as amended, was, then unanimously adopted-and reads as follows : WHEREAS,. certain owners, of developed subdivisions located in the- County of Loudoun but within the area ofexclusive subdivision control exercised by the town were not- offered an opportunity to apply for utility connections during the general moratorium on new water and sewer connections; and WHEREAS, Leesburg Country, Club. Subdiv_ision,_ Sections II and IV, contain numerous residential building_ lots. as set forth on duly approved subdivision plats recorded among the land records of Loudoun County, Virginia; .were approved by. the town as- to lot- size under the town subdivision ordinance on the basis that public water and. sewer service was avail- able; the physical improvements including Laterals to each lot were installed in accordance. with the town:requirements ; approved by the town and accepted: THEREFORE, RESOLVED by the Council of the. Town of Leesburg, Virginia,. as follows : . . - SECTION I. Lots located outside the town which are within ' subdivisions served now by existing town water and sewer fa- cilitiies -are hereby excluded from -the- moratorium on new con- nections: to..-the water-and sewer. system imposed- by a resolution adopted January 28, 1976." Water and sewer taps to such lots shall be available only as authorized by regulations of the Virginia Department of Health- or the Water Control Board, re- spectively. • SECTION II. The extension of the town sewer and water system into Leesburg Country Club,. Section IV, is approved 'subject to the. provision of , Chapters 15 and 19 of-.the Town Code and , the following: : , (a) Sewer and water .service. connections to-_lots served by , the..extensions shall be available only- as authorized by regulations of the Virginia Department of Health or the Water Control: Board, . respectively. (b) Plans- for public -improvements for .the_ subdivision shall .be re-submitted for review to the Leesburg Di- rector of Engineering, and- shall be. revised as neces- sary to meet current town ,regulations and requirements of the Director of Engineering. - • (c) - Cost estimates for- public: improvements for the subdi- . . vision shall be re-submitted for review. to. the Lees- . burg Director of Engineering and shall: be revised as necessary to, reflect current construction costs. (d) The developer of the subdivision shall, execute utility extension permit applications and agreements with the town for installation of required public improvements. (e) The developer of the subdivision shall provide corporate surety bonds or other approved surety in amounts suffi- cient to guarantee completion of required public improve- ments. (f) The owner of the subdivision shall convey to the Town of Leesburg, free of defects or liens, Parcel "A" and 13 MINUTES- OF JANUARY -11; _ the 25. foot easemEnt forwatet line and easement fon ingress• and egress• to>.serve. Parcel "A" as shown on the plat of Leesburg Country Club, Section IV at the time the bond required herein is presented. •(g) No priority or reservation of future sewer or water connections for Leesburg Country Club, Section IV, is established or implied by this action: • (h) The rights conferred by this Section are assignable by the present owners . of Leesburg Country Club, Section IV, only if the terms and conditions of, this section are contained in the contract for the sale of any or all lots prior to installation and acceptance of all public improvements and shall be in effect only if all the conditions hereinabove set forth are fully met prior to July 1 , 1979. • Aye: Councilmembers Bange, Cole; Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. • 78-3 - Resolution - Authorizing an offer to John C. Wright; et ux, for. an easement required for construction of water main' and authorizing the Town Attorney to institute condemnation proceedings in the event ' the offer is refused. Onmotion of. Mayor Newman, seconded by Mr. Tolbert; the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. John C. Wright, et ux, are hereby offered the - sum of $500.00 cash for the water main- easement described on the 'plathereafter referred .to . on condition that the title to the lands affectedare free and clear of all de- fects,' liens or• conditions which. could, inhibit:the use of the area for the purposes intended; the: easement will be conveyed according to the plat and description prepared by Bengtson, DeBell & Elkin, Inc.-, Consulting Engineers, by a good and proper deed with the usual waranties: of- title; the closing of the transaction shall be within thirty days : after written acceptance of: this offer and the Wrights shall pay the grantor taxa - - - t SECTION II. In the event this offer is not accepted in writing within five days from receipt, • the council hereby declares that an essential public necessity exists for the acquisition of the: easement. by condemnation and right of early entry and does hereby authorize ,the town attorney to file the requisite petition for condemnation and early entry on behalf of the Town of Leesburg. • SECTION III. An appropriation: is :hereby:made . forithe . fiscal year ending June 30, 1978 in the amount of $500.00 to Account No. 500. 00. 805. . : • There was discussion wi•th•Mr; Wright -concerning this easement - he has a- permit from the State: to drill a well on this same line and expressed an interest in a mutual agreement whereby he might furnish the water to the town or vice versa. The location of the line was also discussed and Mr. -Wright was informed. that his property would • be restored to. its normaL state. after construction of the line. Mayor Newman stressed the fact that it is imperative for the Town to have this easement and that an appraisal had been made - anything else is an entirely -different :matter. . :The resolutionwas unanimously adopted: t '•, - _ :• Aye: . CouncilmembersiBange, Cole;:: Herrell; Rock; !Titus, Tolbert and Mayor Newman. • . - Nay: None. 14 MINUTES OF JANUARY 11, 1978 MEETING. . ; . . 78-4 -. ,Resolution -1.Grantingt ermission: to .civic. clubs and service organizations to erect signs -in public rights- - - On motion of Mr. Bange, seconded by Mr. Cole, the following resolution' was. proposed: . . . . WHEREAS the. Civic Clubs and .Service Organizations have re- quested the Town Council of the Town of Leesburg to allow them to erect signs in: public rights-of-.way. for: display of their,.individual signs: on: a single: signion, Route: 7 west and Route 15 south; . 1 . RESOLVED.- by the• Council.•of the..Town -of Leesburg;, Virginia, as follows: • . :. The Civic Clubs and Service Organizations shall:be allowed to erect said signs, with their placement, size, etc. be- ing subject to approval by the Town Manager. and. Zoning Ad- ministrator. Mr. John Gibbs explained that these signs will be the same as those already - in existence on Route -7 east and Route 15 north-. Also -dis- cussed' was a time- limit for. this. project. : On motion of Mr. Titus, seconded by.. Mr.• Herrell, Council,voted unanimously to ' amend the last paragraph: by:•adding .'and,.this .project - shall be completed within one year from the date of this resolution, Aye: Councilmembers Bange,: Cole, <.Herrell, Rock, ' Titus, Tolbert and Mayor Newman. Nay: None. The resolution, as amended, was then unanimously adopted and reads as follows : WHEREAS the Civic Clubs and Service Organizations have re- quested the Town Council: of :the-• Town- of_ Leesburg:.to allow them to erect signs in public. rights-of-way- for display of their individual • signs on a single sign. on Route, 7 west and Route 15• south; - - RESOLVED by. the:.Council. of :the . Town. of -Leesburg,_.Virginia, as follows.:; : • • -. The Civic Clubs and Service. Organizations shall be allowed to erect said signs, with their placement, size., etc. . being subject to approval by the Town Manager and Zoning Adminis- trator, and this project shall be completed. within one year from the date of this resolution. Aye: . . Councilmembers:Bange,• Cole,. Herrell, .Rock; ;Titus, Tolbert - and Mayor Newman. ' Nay: None. . Proposed resolution accepting yublic improvements, etc. re Andover • Meadow Subdivision, Sections 1 and 2. . . . On motion of Mr. Bange, seconded by Mr. Tolbert, a resolution was proposed on the above. However, after some discussion concern- ing the storm drainage •problem in front of •theCurryproperty, the motion was withdrawn by the makers- and -the matter, was .ref erred back to Workshop. . . 78-5 - Resolution: - Accepting Deed of.,Easement':from Washington-Lee Savings . and Loan. Association tor waterworks . , improvements: 1 . * ) On motion of Mr. Herrell, seconded-<by Mr. Titus, the following resolution was proposed and unanimously adopted: . RESOLVED -by the Council: of the. Towniof. •Leesburg, Virginia, as follows : 15 MINUTES OF JANUARY 11, 1978 MEETING. The• Deed of Easement-made the 8th day of December, -1977, by and between Washington-Lee Savings and' Loan Association . and the Town of Leesburg, for the construction, reconstruc- tion, maintenance, replacement or repair, use and .inspection of water main or-mains, . including .necessary appurtenances, over, across, through and under the land of the Grantors, and- for a "temporary construction easement", contiguous to the permanent easement during the original installation of water main for any and all purposes related thereto, which shall become null and void once construction is com- pleted, is hereby accepted and the Mayor is. hereby author- , ized to acknowledge the same on behalf of the Town. Aye: Councilmembers Bange, Cole, Herrell, i .Rock, Titus, Tolbert and Mayor Newman. Nay: None: . . .. 78-6 - Resolution - Receiving and referring the application of Tunis -H. and Doris W.-- Campbell for revision of the Zoning- District Map to the-.Planning Commission for public hearing and recommenda- tion. On motion of Mr. Rock, seconded by- Mr.- Cole, the following resolution was proposed and adopted by a vote of 6 to- 1 abstention: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : - - The application -of Tunis H. and -Doris W. Campbell, for • revision of the zoning district--map, - assigned- Application No. ZM-19, is received and referred to the Planning Commis- sion for public hearing and recommendation- under Chapter 11, Title 15. 1 of the Code of Virginia, 1950, as amended. Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: - None,: . - . Abstention: Councilmember Titus.- . -- 78-7 - Resolution - Receiving and referring the application of William S. and Charlotte D. Savopoulos for • • • revision of the ZoningDistrict Maptothe Planning Commission fr public hearing and • - recommendation. • On motion of Mr. Rock, seconded by Mr. Herrell,.; the- following resolution was proposed and adopted by a vote of 6 to 1 : RESOLVED. by the Council - of- the- Town• of Leesburg, Virginia, as follows : - -The application of William S. and" Charlotte D.'' Sevopoulos for revision of the zoning district map, assigned Applica- tion No. ZM-20; is received and referred to the Planning Commission for public hearing and" recommendation- under Chapter 11,•: Title 15. 1- of the .Code of Virginia,-. 1950, as amended. Aye: .Councilmembers Bange, Cole, Herrell, Titus, Tolbert and _ Mayor Newman.. - • - - Nay: Councilmeinber- Rock. 78-8 - Resolution - -Waiving business license requirements for Eugene • Coates. On:motion of Mr. Rock, seconded; by Mr. Tolbert, , the following resolution was proposed and unanimously adopted: - . WHEREAS, a• request has .been' received. from Mr. Eugene Coates, a,disabled. Leesburg .resident,.. for waiver. of .business license • requirements for selling rubber door mats : _ . 16 MINUTES OF JANUARY 11, 1978 MEETING. - - - - RESOLVED_by the Council of- the''Town of= Leesburg; Virginia, as followsi` Section 17-68 of• the Town :Code• regarding- peddlers is waived for Eugene Coates for theselling of rubber door mats. Aye':- Councilmembers Bange,: Coie, Herrell, Rock, Titus, Tolbert - and Mayor Newman, ' : . - Nay: None. 78-9 - Resolution' - Making an: appropriation for fiscal' year 1977-78. On motion of Mr. Cole, seconded by Mr. Herrell, the following resolution was proposed' and' adopted- - by a''vote- of- 6 to 1: ' • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: An appropriation is made= to-the•'following account for the fiscal' year endings June` 30,•_-19.78 :- Account No. and Name - Appropriation 10310.810 — Facilities Plan $= 955134 Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and Mayor- Neiman. _ -- Nay: Councilmember Rock. - 78-10 - Resolution = Making appropriation- for fiscal year 1977-78. On motion of Mr. Cole, -'seconded .by' M'r. Herrell;' the• following ' resolution was proposed"and unanimously adopted: - - ' RESOLVED by the Council of the Town of Leesburg, Virginia, as-follows: . , _ _ An appropriation is made to the following account for the fiscal year ending June.- 30:, 1978: • - - - Account No. and Name ' - : - - ' Appropriation 10300i823' . Andover_Meadow: Well -' 'A $ 13, 000.00 Rock, Aye: Councilmembers Bange, Col'e;' Herrell, /Titus, Tolbert and Mayor Newman. _ - - Nay: None. Town Manager .Niccolls called Council ' s attention to the Sewer and Water Rate'Study which was'distributed tonight. _ .Mayor•Newman said a special workshop is scheduled for January- 30• at 7 : 30 in the Town Office on this Study. • _ • • .. : : : 3 -.11J5.: Mr. Niccolls corrected the- misleadiing• statement in the Activity Report concerning the_ redrill'ing_ of the Phillips-Nickels 'Well. Sydnor is scheduling- this- work- now'and- should have their' rig- here' soon to start this work - ' it should'be done' it• four months. - Their study is on the way and the people conducting the study have• been' in Leesburg two days so far. _ - to the-Town Code The Clerk announced that Supplement-No. 3/has been received and requested that Councilmembers bring their- books in for up-dating. Mr. -Tolbert said -he isshillhaving- problems'-with the Highway Department - he has more water than ever in his front yard. Mr. Titus called• attention to the Sewer Plant -Report and stated that, according tothis, there is not- too much- capacity left at the Plant. Mr. Niccolls said there will be a recap of 1977 experience at the Plant, along -with a. tabulation• of daily flows-, ' etc. ready shortly - this will give a picture of available sewer capacity as of December 31, 197-7: - - - 1 ' MINUTES OF JANUARY 11 , 1978 MEETING. Mr. Cole said rock is badly needed along the shoulder. on Fair- view Street, particularly in front of the next to last house in the corporate limits - they can' t pull a car off of the road in this . location. ' — Mr. Range suggested that nb payment be made to the company who supposedly trimmed the tree on Edwards Ferry Road. in' front of the Mang residence - all they did was take out one branch and part of another - the whole top of the tree ie dead and should be removed. Mr. Titus also called attention to the fact that' the little tree on Harrison Street at that corner needs to be removed for sight II distance. Mr. Bange also suggested that Mr. Niccolls contact the owner (Mr. Fred Hetzel)' of the old Carter property on this same corner to see if he will dedicate about 3 feet of his property for turning radius. Mr.. Bange also asked that the Town crew- fill- up the holes on Edwards Ferry Road as soon as possible. On motion of Mayor Newman, seconded by Mr. Bange, Council voted unanimously to go into executive session to discuss a personnel mat- ter: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. On motion of Mr. Tolbert, seconded by Mr. Cole, Council voted unanimously to reconvene at 9 : 38 P.M.': Aye: Councilmembers Bange, Cole,' Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. IIMr. Titus left the meeting at this time. 78-11 - Resolution - Setting salary fo'r Manager effective January 1, 1978 and making an appropriation therefor. On motion of Mr. Herrell, seconded -by Mr. Bange, the following resolution was proposed and adopted by a vote of 5 to 1 abstention: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The compensation for the Manager shall be at the rate of _ $27, 552. 50 per year for and after January 1, 1978, and an appropriation is made in the amount of $401. 25 to Account No. 2010. 103 for the fiscal year ending June 30, 1978. (It d i noted that thefigg}}}} s above are shown on Resolution No. - 78;...23a op : onCtlanEin'ie 13Er§'tanAe, Cole, Herrell, Tolbert and Mayor Newman. . Nay: None. ' Abstention: Councilmember Rock. ' On motion of Mr. Rock, seconded by Mr. Tolbert, the meeting was adjourned at 9 : 42 P.M. IV9, h ^.� — �� yor erk of t e Council .