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HomeMy Public PortalAbout1979_06_13 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL; PUBLIC HEARINGS ON 1979-1980 BUDGET AND TAX LEVY AND FLEMMING REZONING", _ 1 JUNE 13, 1979 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on June 13 , 1979 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the invocation being given by Mr. Tolbert, and fol- lowed with the Salute to the Flag led by Mr. Hill . Present were: Mayor Kenneth B. Rollins, Councilmembers Glen P . Cole, Stanley D. Herrell, Jr. , G. Deny Hill , Jr. , Marylou Hill, Walter F . Murray and John W. Tolbert/; 'also Assistant Town Manager Jeffrey H. Minor and- Town Attorney George M. Martin. The minutes of the regular meeting of May 23, 1979 were ap- proved as written. PUBLIC HEARING ON 1979-80 BUDGET AND TAX LEVY: Mayor Rollins invited comments on the 1979-80 budget and tax levy which have been tentatively approved by Council . Since there was no-one to speak on this matter, Mayor Rollins declared the hear- ing closed. CD PUBLIC HEARING ON APPLICATION #ZM-25 - REZONING OF A PORTION OF CO PROPERTY OWNED BY FREDERICK F. FLEMMING, ET UX..FROM R-1 TO MC. (V Mrs . Hill explained that the Planning Commission recommends W this unanimously, however, it was noted that ingress and egress CX _ to this property was not to their liking. It was recommended that CX some other ingress and egress be secured. Mr. Frederick Flemming, the applicant, said this land speci- fically in question is behind his residence some 200 feet off of Morven Park Road and just to the south of the new nursing home. This property is within the Comprehensive, Master Plan as proposed for medical zoning. He introduced Dr. David Miller, spokesman for the group of doctors interested in erecting a building on this land to be used for doctors ' offices. Dr . David Miller said they are requesting rezoning of the east- ern portion of this property from R-1 to MC. This is in accord with the Comprehensive Plan for Leesburg. They intend to erect a build- ing on this site - a medical-dental building for their own use and for other owner-occupants - physicians and dentists . This is pro- posed to be a 12 , 000 square foot building, with seven to nine park- ing spaces per square feet of usable space. They plan to land- scape the grounds in an attractive manner. They have adequate pro- vision for sewer, storm sewer, water and utility connections. They have arranged for foot access from the building to the Hospital . Vehicular access would be from Morven Park Road, with the hope of obtaining vehicular access through the property that has already been zoned "MC" . There have been four official meetings with the Hospital Board, as well as private conversations with individual Board members, trying to obtain access through their property. So far this has been unsuccessful, but they are continuing these ef- forts. They have the written support of three of their contiguous neighbors and no apparent opposition from the others . Mayor Rollins asked Dr. Miller to assess the possibility of obtaining access from the property to the Hospital . Dr. Miller said the prospects were dim when they were asking for water and sewer connections and for foot access, but the Hospital has allowed all of these . However, it is risky to project whether or not they might change their minds on vehicular access. Mayor Rollins asked if the utility lines are not all dedicated to the town? He felt that they were and could not understand how the Hospital could refuse them. Dr. Miller said the initial refusal was based on the size and capacity of the lines, without knowing what their effluent would be. The Hospital plans to increase construction on the west side of their property and the effluent from that and their proposed -building might be the capacity of the line. Mr. Hill also felt these lines were dedicated to the town. They were put in seven or eight years ago and he was sure they were sized for that watershed. They probably would have to come down over hospital property to hook into the line and that, in turn, would have to be dedicated to the Town. If the hospital is is not willing to do this , the town could get the easement for the connection. Mr. Herrell asked where they plan to come out on Morven MINUTES OF JUNE 13, 1979 MEETING. 2 Park Road? Dr. Miller said there are two possibilities . One would be to come out through the parking lot of the nursing home; the other would be to come out through a portion of Mr. Flemming ' s property. He asked if the nursing home would be agreeable to this? Dr. Kenneth Joslyn, said they have problems with giving them a permanent easement because they are HUD financed. This has been explored and is probably not possible, however, they are interested in having them as neighbors. This is why they have arranged for a "fall-back access" . He said there is an 8-inch sewer line just west of the hospital , which comes under the small parking lot and turns immediately ' at the road, then crosses in front of the hospital and connects in with their main lines . He, too, said theywere led to believe that these lines were controlled by the hospital . Mayor Rollins said the only control they would have would be in getting to the lines. Dr. Joslyn said they were conservative about let- ting them do anything across that land in the initial discussion. There are a number of people interested in seeing things open up on that side, some of them hospital board members, but that .is not the whole Board. You can 't build a building on access and they can ' t guarantee they will have it. This is why there are other alterna- tives. Dr. Stephen Napolitano said he discussed today with Mr. Larson and Mr. Harris the possibility of reconsideration of vehicular ac- cess through the hospital drive. It is their feeling that the problem with granting it at this time is that it compromises their future plans for that space. They have no master plan. They are involved at this time in building a new nursing home and the re- construction of the old hospital into a psychiatric facility. Per- haps after they develop a master plan they would be willingon- sider this further and perhaps act positively if it does not inter- fere with that master plan. They both indicated their willingness to reconsider vehicular access across Memorial Drive. Mayor Rollins declared the public hearing closed and referred this matter to the Finance and Administration Committee, with Counci to act at its next session on June 27th. PETITIONERS: • Mr. William J. McDonald presented to Council a Petition con- taining some 400 names on behalf of certain residents of the com- munity who are opposed to the West Market Street project - the widening and flattening out of West Market Street and the creation of one-way traffic through certain areas of town. This is a friendly petition, not one of protest or demand, but an expression of resi- dents who do not think this project is quite right for their neigh- borhood or for the town. It cites certain reasons they feel the project is ill-advised. It was pointed out at the committee meet- ing that the project would cost somewhere around $400, 000, but the town should not be too concerned about this because the State would pay all but approximately $50 , 000 of it. This is not a realistic approach - for every street widening, etc. in Leesburg, there is one in another community too. Sooner or later, directly or indi- rectly, the people of Leesburg and Loudoun County will pay the bulk of this project. This was the one compelling reason for everybody signing this petition. They felt it was "a waste of money. " A second reason pointed out at the committee meeting was that it is a matter of safety. One council member said "We have to get those bumps out of Market Street. " Mr. McDonald said he has lived with these "bumps" for the last seven years and they are not the cause of the few accidents that occur in this area. The cause is ex- cessive speed and drivers not paying attention to what they are doing. He cited a "near" accident he witnessed recently where nobody was coming over the bump. They, therefore, discount safety as a factoiin that area. They feel very strongly that they do not want the character of the neighborhood changed by widening and the destruction of trees . They do acknowledge that there are prob- lems at the juncture of Loudoun and West Market .Streets . A resi- dent of the neighborhood who could not be present, Mr. Ed Reeves, a civil engineer and an expert on safety of atomic energy plans , has developed a simple plan for handling traffic at this juncture. He has proposed a small traffic circle (a copy of this plan was presented for each member of Council) . They have checked with the Fire Department and have been assured that this circle would ac- MINUTES OF JUNE 13, 1979 MEETING. commodate their largest piece of equipment. It would come, pri- 3 marily, from land that has already been dedicated to the town by George Babson and from land to the west and north of the intersec- tion which is not developed. A circle would serve to enhance that end of town, it would serve as a traffic control, it would remove a dangerous intersection from the community and would solve the problem of large trucks speeding through town. He asked that Council either abandon the existing plan or redirect it so it will not destroy a neighborhood. Mrs. Anna Berkebile, speaking as a citizen of Leesburg and not as a representative of Peoples National Bank, presented a Petition containing 139 names protesting Council ' s proposed .removal o1 all but 25 10-hour meters from the municipal parking lot. The Peti- tion stated that the Finance Committee, in an unexpected and un- announced session held on May 29 , 1979 , made this decision. It asked that Council consider the following facts : (1) the action of the Committee is discriminatory to the business and professional community and favors the retail community; (2) as taxpayers, they demand the right of a free choice of metered or permit parking space conveniently located to their place of business which will allow them to park for a normal business day - they are willing to CO pay for this privilege as they have been doing; (3) considering that CO all men are equal under our Constitution, they insist that no fa- CU voritism be made with space reserved for anyone and that all users of both town parking lots be treated equally. Mr. Herrell felt W that "the business and professional community" includes all busi- Q nesses downtown, and that they would be more interested in where a their customers are going to park . Mrs . Berkebile asked if there will be anyone to serve if there are no employees? Mr. Herrell said the customers will go elsewhere where there is parking avail- able - so this is the reverse. Mr. Murray said of the names signed on this Petition 65 of them are residents outside the Town of Lees- burg. Mrs . Marie Householder, also speaking as a citizen, said she is very upset. After last Council meeting they were told they could appear before the Finance and Administration Committee. That meeting date was changed, so they could not present their views. Therefore, they are bringing it to the full Council . She felt that safety would be an important factor when winter comes if they are forced to park where they do not want to and have to walk to get to work. There are areas that are not well lighted and not safe for walking after dark. This is not their responsibility and they should not be forced to park where they do not want to. There is also the problem of parking for "handicapped" persons . Not all of these people need a wheel chair - they may be incapacitated in some way or have physical problems, but they are capable of work- ing a 40-hour week, but they are not capable of walking the 3. 5 miles (or 580 feet) from Vinegar Hill parking lot . Most of these people do not wish to admit that they are handicapped and ask for special treatment - they would rather quit. This , then, is not their responsibility. If she should not feel well on arising, she might stay home rather than come to work because she would have to walk that distance - therefore, her employer would suffer . She would not walk that distance in sub-zero weather. It has been pointed out that cleaning the sidewalks of ice and snow is not the responsibility of the town, it is the owner or merchant ' s . They might be lucky to get the ice off by spring. Whose responsibility is it if they are forced to walk on these sidewalks? She agreed that the DBA needs parking for their customers , but they who work downtown need it also. They should realize that the downtown em- ployees shop downtown too. The employees downtown should have a right to park where, when and how long they please. She agreed with the permit parking for Cornwall Street. There are 79 spaces in the Vinegar Hill lot . Twenty-five from the 88 in the municipal lot leaves 63; 40 spaces have been rented in Vinegar Hill, leaving 30 odd spaces. The people coming off of Cornwall Street have to go some place and the "domino" effect mentioned earlier will happen immediately. What about employees who work only two days a week? Would they be expected to pay quarterly at Vinegar Hill? She em- phasized that these are her opinions only. MINUTES OF JUNE 13, 1979 MEETING. 4 There was some confusion as to the regular meeting night for the Finance Committee that particular week, however, it was pointed out that there was a holiday that week, which threw the meeting nights off schedule. Mr. Herrell said he was not aware that they had planned to speak before the Committee. He said he could under- stand the need for some handicapped spaces, but there are over 100 names on the Petition and there are not that many 1.0-hour spaces in the municipal lot. Mrs. Householder said these people are from Corn- wall Street, Liberty Street and Wirt Street. Mr. Herrell said this is what will have the "domino" effect . He also felt that the busi- ness community has a certain responsibility to. their employees. For example, if the Bank has handicapped employees, these people should park in the available spaces nearest the Bank and those able to do so can park farther away and walk. Mrs . Householder said that all their bank officers park and walk. She feelsthat they have a right to more than 25 spaces in the municipal lot. Mr. Herrell again said there are not enough spaces for all these people that signed the Petition. Mrs. Householder said some of them are sympathetic to those who do park there - the others are the people who park on Cornwall - they have to go somewhere and they, in turn, expect to be sympathetic to them. She said she has checked and the lowest number on any given day was 28, with the highest being 35 . These are people that are not paying now, but are willing to pay in order to have a place to park. Mr. Herrell said Council has to make of this parking lot what they want - is it to be an all-day lot or one to keep the downtown area viable. If they can ' t park, they are not going to walk either. Mrs. Householder asked if they could afford to discriminate between the business people and the retail businesses? Mr. Herrell said you have to have customers as well as employees. Mr. Hill said he checked with Chief Kidwell and he veri- fied that there are 32 people who park regularly , so the proposed resolution accommodates 80 percent, which is a pretty good average and a pretty good compromise. In any government, you have to compro- mise, and he feels this has been done . He also pointed out that, what is not taken up in the Vinegar Hill lot by July 1, will become metered parking. Mrs. Householder said some of the names on the Pe- tition own businesses and do pay taxes to Leesburg, while others do not . Mr. Murray felt they have compromised and that the dis- tance from the Vinegar Hill parking lot is not that far. Mrs. Joan Frye, not a resident of Leesburg, but an employee in the Town, read a prepared statement. She said the removal of all- day parking is discriminatory to the professional industry in that it does not allow the same freedom of choice as to where one may park as it does to the retail community. People who work in the downtown area have a right to the use of the present facility, as do those who shop there. The 2-hour meters on the lot should pro- vide adequate parking for the downtown area, not to mention the on-street meters in the area. The Town has already deprived the working public of one side of Cornwall Street and will be issuing residential permit parking permits for the other side. It seems that the Council and the DBA wish to punish those working in the downtown area. She did not feel she should be forced to pay an exorbitant fee in advance for the privilege of parking in a dimly lit , poorly maintained and generally out of the way area. Park- ing has been a problem in Leesburg for some time, but the profes- sional community should2B discriminated against. Business and. professional people pay a substantial business license fee, as well as personal property taxes . These , .-in' turn, . generate business in the downtown area. Why not let things alone - they are in a big enough mess as it is - why not "First come, first serve?" . She asked that Council give the statements made a fair appraisal with- out already having made up their minds . Mr. Norman Myers, President of the Downtown Business Associa- tion, said they appreciate and value the opinions of the office workers and clerical personnel in town. They just learned of their displeasure over the removal of these meters. Their intentions were publicized almost a year ago in the Times-Mirror. It is their wish to keep this lot as free as possible for the higher turnover people. He felt there is a solution and invited these people to join the DBA. and give their input to the situation. They feel adamant that the Vinegar Hill lot is accessible to at least half of the town, with perhaps the exception of handicapped persons . More parking lots MINUTES OF JUNE 13, 1979 MEETING. 5 XX are necessary for the other half of the town and their next pro- posal would be behind the Peoples Bank area. They have several other sites in mind and have also baked about double-decking this lot. He said DBA resolved, at its meeting last night, to ask that representatives of this protesting group join them in their decision making process in setting up more parking areas in town. In the mean- time, they offered some alternatives. They found that Mr. Wilhoit will have about 35 spaces for rent (on the former Car Wash property on Loudoun Street) . White ' s would be willing to offer six spaces at $15. 00 per month. This would make 40 additional spaces in addition to Vinegar Hill . They would go along with the town and these people in connection with spaces for handicapped people. They do still endorse Council ' s plan to leave 25 10-hour spaces. They ask that the plans and trends of this lot and the Vinegar Hill lot come up for review again in three months . They will furnish a list of ad- ditional spaces available for those people being displaced and they will continue their efforts to encourage more parking areas in town, but they still strongly support the center areas for 3-hour parking. They would like to see some 10-hour meters on the Vinegar Hill lot for those who do not woik full time . They commended the town for its efficient snow removal efforts last winter. Q) Mr. Richard Thomas, a Leesburg resident, but who does not work CO in Leesburg, felt that three hours is not long enough for people to N shop in Leesburg. If he had to go out after three hours to put more W money in the meter, he would go somewhere else to shop. He thought Q doing away with the 10-hour meters would be driving these shoppers away who help keep Leesburg alive . He urged every business in Lees- Q burg to reconsider what is going on in this parking lot and sug- gested that they change the meters from 3 hours to 6 hours. MANAGER' S REPORT: The following was reported by Assistant Manager Jeff Minor : (1) Mary Barnes has been hired as Secretary-Receptionist to replace Esther Collins who resigned. Also, two more employees have been hired for the CETA sidewalk program. We now have three la- borers and a supervisor and they are all working together today for the first time. (2) The Evergreen Mill wells are on line now, however, they were taken out of service for approximately 24 hours today in order to com- plete a series of nine fecal coliform tests required by the State Health Department. They should be back in service late tomorrow. COUNCILMEMBER INQUIRIES AND COMMENTS: Mr. Hill asked if we are sure the Evergreen Mill wells will be back in service. tomorrow? Mr. Minor said not absolutely sure, but they feel the tests will be successful . No. 3 well is pumping about 450 gpm and No. 2 well 350 . The samples will be driven to Luray to- . morrow. Mr. Hill said the Firemen ' s Well is out of service, so we are back in a critical situation. He was concerned that we are not going full speed ahead to get this well back on line. Water is a prime need and whenever any one of the wells goes out of service, he feels it is incumbent to get it back in service as soon as possible . Mr. Tolbert noted that the entrance to the new parking lot is bad - cars are dragging. Mr. Minor was aware of this and said there is some more grading and landscaping to be done. Also, plans have not been completed for some "force account" work on the entrance. Mayor Rollins asked Mr. Minor if he was familiar with the holding up of resurfacing on Loudoun Street from King to Church? He was not familiar with this situation. 79-0-7 - ORDINANCE - ADOPTING SUBDIVISION AND .LAND DEVELOPMENT REGU- LATIONS AND REPEALING CONFLICTING ORDINANCES . On motion of Mrs . Hill, seconded by Mr. Tolbert, the following ordinance was proposed: 6 � E ;XMINUTES OF JUNE 13 , 1979 MEETING. WHEREAS , the Leesburg Planning Commission on November 2 , 1978 conducted a public hearing on a proposed subdivision and land development ordinance; and WHEREAS, a public hearing was held by this Council as re- quired by Sec. 15 . 1-431 of the Code of Virginia on May 23, 1979, at which time interested persons were invited to ap- pear and present their views on the proposed ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. A new article, to be known as Article IV. Sub- division and Land Development, is added to Chapter 13 of the Town Code to read as follows : CHAPTER 13 PLANNING AND DEVELOPMENT (Pages 983 - 1020h on file in the office of the Clerk of Council) SECTION II . Sec. 13-1 of the Town Code is amended to read as follows: Sec. 13-1. Zoning ordinances not affected by Code. Nothing in the Code or ordinance adopting this Code shall affect any ordinance relating to zoning or to zon- ing map changes and all such ordinances are hereby recog- nized as continuing in effect to the same extent as if set out at length in this Code except as in conflict with this Chapter. SECTION III. The Subdivision Ordinance of the Town of Leesburg, Virginia, adopted August 15, 1955, as severally amended, is repealed as to its application within the town, provided, however, it shall remain in effect outside the town until this ordinance is in effect. SECTION IV. All prior ordinances in conflict with this ordinance are repealed. SECTION V. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, the de- cision shall not affect the validity of the remaining por- tions of the ordinance . SECTION VI. This ordinance shall be in effect within the Town after 12 : 01 A.M. , June 14 , 1979 and shall be in ef- fect in the County of Loudoun within one mile from the cor- porate limits after its approval by the Loudoun County Plan- ning Commission and the Loudoun County Board of Supervisors, as required by Sec. 15 . 1-467 of the Code of Virginia, or if the County fails to notify this Council of its disapproval, 90 days after its receipt by them, whichever shall first occur. SECTION VII. The manager shall send a copy of this ordi- nance to the Loudoun County Planning Commission and the Loudoun County Board of Supervisors and give notice of the proposed regulations applicable beyond the town limits. Mrs. Hill said the Planning Commission recommended this unanimously. Mr. Murray questioned the fact that this will have no jurisdiction over subdivisions and developments outside the town until such time as the General Assembly acts on this ordinance. Mr. Hill explained that what is being discussed here is who is responsible for furnish- ing the bond for streets, sidewalks, etc. in the one-mile jurisdic- tion. Mayor Rollins asked what the major changes are? Mrs . Hill said this straightens up the ordinance - it requires the builder to pay for the street lights . Mayor Rollins asked if there is any change insofar as sidewalks are concerned? He understood Mr. Carlton, who MINUTES OF JUNE 13, 1979 MEETING. 7 viorked on this Committee, was opposed to these changes - he appar- ently did not have a chance to make his presentation to Council . Mrs. Hill said the Planning Commission sent this to the National Association of Home Builders and asked for their comments . They had only a few minor changes and thought it was pretty good. One of those concerned landscaping. On motion of Mr. Hill, seconded by Mr. Cole, Council voted unanimously to change the word "shall" to "may" in Section 13-86 (b) on Page 1013_ of the ordinance : Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. This had to do with landscaping and Mr. Hill felt trees might not be wanted in utility strips . Sec. 13-86 (b) will now read: " (b) Street trees and other plant materials may be planted within public ways and places The ordinance, as amended, was then unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray, Q) Tolbert and Mayor Rollins. CO Nay: None . CU 79-0-8 - ORDINANCE - AMENDING THE ZONING MAP. Q On motion of Mrs. Hill, seconded by Mr. Cole, the following Q ordinance was proposed: WHEREAS, the Planning Commission on March 1, 1979 , initi- ated a revision of the Zoning District Map to remove the properties of Georgiana N. and Charles E. Newton, Jr. lo- cated at 27 East Loudoun Street and 30 South Church Street and the property of Lois W. and Joseph A. Francis located at 27 East Loudoun Street from the M-1 Industrial District ' to the B-2 General Business District; and WHEREAS, the Planning Commission on April 5, 1979 , held a public hearing on the proposed rezoning and on that date voted unanimously to recommend approval of the proposed rezoning by the Town Council; and WHEREAS , this Council on May 23 , 1979 , held a public hearing on the proposed rezoning; and WHEREAS, the rezoning proposed by the Planning Commission in- advertently omitted those areas of public streets abutting the properties; and WHEREAS, the Zoning Administrator recommended that the rear portion of the Francis property, consisting of approxi- mately 6 , 800 square feet, be deleted from the proposed re- zoning: THEREFORE, ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Leesburg Zoning Ordinance is amended to re- vise the Zoning District Map by removing the properties of Georgiana N. and Charles E . Newton, Jr. located at 23 East Loudoun Street and 30 South Church Street and the northernmost 150 feet of the property of Lois W. and Joseph A. Francis located at 27 East Loudoun Street, along with abutting public rights of way, from the M-1 Industrial District and placing this property in the B-2 General Business District. SECTION II . This ordinance shall be in effect from and after its passage . Mrs . Hill explained that the present M-1 Industrial zoning would re- • quire a front yard of 25 feet and a side yard equal to the height of the building if it were replaced or an addition was made, where a MINUTES OF JUNE 13, 1979 MEETING. 8 front yard of only one foot would be required in the B-2 district. She added that no-one came to the Planning Commission ' s public hear- ing, nor was anything heard from the property owners . The ordinance was unanimously adopted: Aye: Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 79-0-9 - ORDINANCE - AMENDING SECTION 10-171 OF THE TOWN CODE. On motion of Mr. Herrell , seconded by Mr. Cole, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia, 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 established as follows : (1) West side of King Street, between Loudoun Street and North Street, for two-hour park- ing at any one time. (2) East side of King Street, between VEPCO right- of-way and 180 feet south of Royal Street, for two-hour parking at any one time. ( 3) South side of Market Street, between Church Street and Liberty Street, for two-hour park- ing 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 three-hour parking, except spaces designated for permit-only parking, four 15-minute town office visitor spaces, and twenty-five 10-hour meter spaces. (5) East side of Church Street, between Edwards Ferry Road and Cornwall Street, for two-hour parking at any one time , except spaces reserved for official cars of the state and town police and county sheriff ' s department. (6) North side of Loudoun Street, between Wirt Street and Church Street, for two-hour park- ing at any one time. SECTION II . This ordinance shall be in effect upon its pas- sage, except that the three-hour parking authorized in sub- section (4) above shall not be effective until the installa- tion of appropriate parking meters. Mr. Murray said he would like to see the meters referred to in sub- paragraph (2) removed when it is possible to do so - this is a dan- gerous situation. He felt that some of the objections raised to this proposal are valid - spaces for the handicapped would be one. DBA' s suggestion that vacant space in other locations be utilized for permit parking would be great. Perhaps those working at Peoples Bank might park their cars at Virginia Village, where there is plenty of space, and one person drive from there , with parking provided in the Peoples parking area - there are all kinds of ways. These meters will not be disposed of - if it is found there is a greater need for long-term parking they can be put back . After the added space at Vinegar Hill is utilized and we see how many people from the Cornwall Street area are going to need places to park then it can be reassessed. He would like to see it "shake down" before any commitments are made - give it a trial period. Mr. Cole said that the parking under sub- MINUTES OF JUNE 13 , 1979 MEETING. paragraph (2) has been discussed. Mr. Minor said this is new lan- 9 guage and basically reflects the condition it is in now. Mr. Nic- cols and Chief Kidwell surveyed the existing condition and it was their belief that there is no pedestrian or parking problem with traffic .now - this meets safety standards. Mr. Murray noted that the parking lot is always full on Thursdays - he wondered if there was any reason for this. Mayor Rollins asked how many parking spaces are on this lot? Mr. Minor replied that there are 90 - 10-hour spaces, 44 2-hour spaces, 18 permit parking only, one bus parking and four spaces for 15-minute parking . Mr. Murray asked how many more could be added, with Mr. Minor replying only "one. " Mr . Hill echoed Mr. Murray ' s remarks and added that "none of these things are etched in stone. " He said Council is reasonable and he feels they should give it a trial . Mayor Rollins explained that he is going to vote against the ordinance because he feels this lot be- longs to all the people of Leesburg. Those who work here are just as entitled to park here on a 10-hour basis as those who are cus- tomers. He was not sure that the merchants are not being short- sighted - a lot of their business comes from the employees who work in town. He did not feel it should be exclusively for cus- tomers of the downtown area. It is a balance of equities. The ordinance was adopted by a roll call vote of 6 to 1 : CO Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray CO and;Tolbert. (v Nay : Mayor Rollins . Q79-0-10 - ORDINANCE - REVISING REGULATIONS FOR BINGO GAMES AND RAFFLES CONDUCTED BY VOLUNTEER FIRE DE- R PARTMENT, RESCUE SQUAD, CHURCHES AND OTHER NON-PROFIT ORGANIZATIONS . On motion of Mrs. Hill, seconded by Mr. Herrell , the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Article III of Chapter 3 of the Town Code is amended to read as follows : ARTICLE III BINGO GAMES AND RAFFLES CONDUCTED BY VOLUNTEER FIRE DEPARTMENTS , RESCUE SQUADS , CIVIC ORGANI- ZATIONS, CHURCHES AND OTHER NON-PROFIT ORGANI- ZATIONS . Section 3-27 . Application of state law. All of the provisions and requirements contained in Article I . 1 in Chapter 8 of Title 18 . 2 of the Code of Virginia, as amended, are hereby adopted and made a part of this article as fully as though set out here- in. References therein to "local designated official" shall be deemed to refer to the town director of finance. Section 3-28 . Permits. Prior to the commencement of any bingo game or raffle within the town by a qualified organization, as defined in Section 18 . 2-340 . 1 of the Code of Vir- ginia, as amended, such organization shall obtain an annual permit from the director of finance on a form as set out in the Code of Virginia. Permits shall be valid for a period of one year beginning on January 1 of each calendar year, except that permits issued be- tween July 1, 1979 , and December 31 , 1979 , shall be valid until December 31 , 1980 . Application for the permit shall be accompanied by a permit fee in the amount of $25. 00 . This fee shall be waived by the director of finance if he determines the principal religious, charitable, community or educational purposes for which the organization is specifically chartered or organized are conducted within Loudoun County. MINUTES OF JUNE 13, 1979 MEETING. 1 0 Section 3-29 . Fire safety and parking accommodations approval prerequisite to permit -issuance, (a) The fire marshal shall inspect the premises where bingo games or raffles are proposed to be con- ducted prior to the issuance of the permit . Regulations and inspection requirements for "places of assembly" established in the town fire code shall apply to any premises used or proposed to be used for bingo games or raffles, regardless of the square footage of the building or number of occupants . A copy of all in- spection certificates shall remain on file with the permit application. (b) The Chief of Police shall review and approve a motor vehicle parking plan for persons attending the bingo game or raffle which shall be submitted with the permit application, prior to the issuance of the per- mit. Section 3-30. Records and audit. (a) Each qualified organization granted a permit under this article shall file a report with the director of finance on forms prescribed by the Code of Virginia, on or before November 1 of each calendar year for which a permit has been issued. The report shall include gross receipts and expenditures for the previous 12-month period between October 1 and September 30 ; provided, how- ever, any organization whose gross receipts exceed $50 , 000 . 00 during any calendar quarter shall be required to file an additional accounting of its receipts and disbursements during such quarter no later than 60 days following the last day of such quarter. (b) Such report shall be filed with the director of finance and accompanied by an audit fee equal to . 5 percent of the gross receipts reported. The director of finance may retain a qualified certified public ac- countant to perform the required audits. SECTION II . This ordinance shall be in effect from and after July 1, 1979 . Mr. Minor explained that the legislation adopted by the General Assembly is about four to five times as long as this, but this has been tailored to the State Code . This is a State-mandated program. Mayor Rollins asked if the sentence concerning waiver of fees is in the State statute? Mr. Minor said it is not - this is the permit system being used now - we waive the fee under these particular circumstances . Mr. Martin said this is largely a pro- tection against criminal prosecution - it is an exemption from the statutory law. Perhaps this should be submitted to those organi- zations having bingo for review by their counsel . If it is not properly drawn, they could be in trouble. This was adopted some years ago so they would not be prosecuted by the Commonwealth At- torney' s office. Mr. Minor said we have a mandate to adopt this by July 1st. The requirements concerning fire safety and parking are in existence now. The requirements for records and audit are in the State Code and are recited here for clarity. He felt they would have to hire attorneys for this requirement . He said, basically, this came from the problems with bingo in Alexandria. There are now $1, 000 limits on prizes, and you can 't give away a car. It is not well publicized and this is the fault of the General Assembly. They have done something here that will affect the fund-raising activi- ties of a lot of organizations. We can send the organizations copies of the ordinance or, as we had intended, prepare a short report and send it to the organizations . The responsibility is on the Town - it is a misdemeanor not to do these things . Either our Finance Depart- ment will have to do these records and audits or we will have to hire someone to do it. Mr. Murray felt this .responsibility should be placed on the Council , not on the Finance Director . MayorRollins agreed - he felt they should pay the fee if we have to gohis ex- pense, but he felt that whether or not they pay the fee should be at the discretion of the Council , not the administrative staff . Mr. MINUTES OF JUNE 13 , 1979 MEETING. Minor further explained that, even if the permit fee of $25 . 00 1 1 is waived, the audit fee has to be paid. Every organization that gets a permit has to be audited at least once a year and they have to pay the fee. The requirement for the audit, for filing reports and getting permits are all State mandated. The permit fee is an annual fee. On motion of Mayor Rollins, seconded by Mr. Tolbert, Council unanimously voted to amend the last sentence of Sec . 3-28 to read as follows : This fee may be waived by the Town Council if it determines the principal religious, charitable, community or educa- tional purposes for which the organization is specifically chartered or organized are conducted within Loudoun County. Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. Mr. Hill suggested that the organizations in town be advised im- mediately. The ordinance, as amended, was unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray, CO Tolbert and Mayor Rollins. CO Nay: None. N 79-0-11 - ORDINANCE - AMENDING CHAPTER 11 AND CHAPTER 17 OF THE W TOWN CODE REGARDING MASSAGE PARLORS . Q Q On motion of Mr. Herrell , seconded by Mr. Tolbert, the follow- ing ordinance was proposed: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Chapter 11 of the Town Code is amended by add- ing a new article, to be numbered Article III , which shall read as follows : ARTICLE III MASSAGE PARLORS Sec. 11-62 . Definitions For purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section : Massage Parlor. Any establishment which offers service in the form of massage, baths, exercises or similar services, in combination to club members , or to the public for a charge . The term "massage parlor" does not include : (1) Hos- pitals, nursing homes , medical clinics or the offices or quarters of a physician, surgeon or an osteopath; or (2) exercise clubs exclusively for members or clientele of one sex alone where the services, without massage in any form, are performed by persons of the same sex as the mem- bers or clientele, or ( 3) barbershops and beauty parlors. Massage Technician. A person who practices any one or more of the arts of body massage, either by hand or me- chanical apparatus, oil rubs, corrective gymnastics, me- chanotherapy, including color therapy, dietetics, hot packs, cabinet, tub, shower, sitz , vapor, steam or any other special type of bath. Sec. 11-63 . Permit Required It shall be unlawful for any person to operate or en- gage in the business of operating any massage parlor with- in the town without first having obtained a permit and com- plying with all the provisions in this article. MINUTES OF JUNE 13, 1979 MEETING. 12 Sec. 11-64 . Application for Permit Applicants for permit under this article shall file with the Town Manager an application in writing on a form to be furnished by the Town Manager and accompanied by a processing fee of $50 . 00 . The application shall establish the following: (a) Name and description of the applicant and proof of the applicant ' s age. (b) Applicant ' s permanent home address and full local address. (c) Health certificates from a licensed medical doc- tor of the Commonwealth of Virginia. (d) The information provided in a, b and c above with respect to all. proposed employees of applicant and all future employees . (e) A complete and detailed description of the facili- ties for the proposed massage parlor. ( f) The qualifications and training of the applicant and all proposed employees as massage . technicians . (g) Information as to whether the applicant has been convicted, pleaded nolo contendere, or suffered a for- . feiture within the last five (5) years on a charge of violating any provision included in ss18 . 1-187 through 18 . 1-215 and ss18 . 1-227 through 18 . 1-236 , Code of Vir- ginia (1950) as amended, which laws relate to sexual offenses or on a charge of violating a similar law of any jurisdiction. (h) Application shall be executed under oath. Sec. 11-65 . Investigation. of Applicant; Issuance of Permit (a) Upon receipt of the application fee as provided for in the preceding section, the Town Manager shall cause to be made a thorough investigation of the criminal record and qualifications of the applicant . The Town Manager shall deny any application for a per- mit under this chapter if he finds that the applicant is less then eighteen (18) years of age; has been convicted, pleaded nolo contendere, or suffered forfeiture within the last five (5) years on a charge of any provision in- cluded in ss18 . 1-187 through 18 . 1-215 and ss18-1. 227 through 18 . 1-236 , Code of Virginia (1950) as amended, which laws relate to sexual offenses or on a charge of violating similar law of any other jurisdiction. The making of false statement on the application shall also be grounds for denial of a permit. (b) If the Town Manager is satisfied, as a result of investigation, that the applicant meets all requirements of this Article, he shall approve such application and is- sue a permit which shall be valid for one year, upon pay- ment of the business license fee set out in Section 17-78 of the Town Code. Sec. 11-66 . Training of Massage Technician No person shall give or offer or hold oneself out to of- , fe as a massage technician within the meaning of this Ar- ticle or employ or engage as an independent contractor any massage technician who gives or offers, or holds oneself out to offer, a massage without first having obtained a massage technician permit from the Town Manager. The fee for said permit shall be $25 . 00. In order to receive a permit, the applicant must have satisfactorily completed MINUTES OF JUNE 13 , 1979 MEETING. a course or courses of study in body massage in an approved 1 3 school of instruction or training within the criteria and guidelines set forth below: (a) Said courses shall pertain to anatomy, physiology, hygiene, first aid, exercise therapy, massage tech- niques and related aspects of the art and science . (b) A course of study in body massage shall consti- tute five hundred (500) hours of study in connection with an approved school pertaining to: (1) Classroom or clinical training in thera- peutic massage and techniques. (2) Classroom or clinical instruction or contra- indications for massage. ( 3) Classroom or clinical or laboratory instruc- tion to develop a knowledge of the anatomy and physiology of the systems of the body with empha- sis on the muscular and skeletal systems . CO (c) Any school or educational institution licensed N to do business as a school or educational institution in the state in which it is located and providing W requisite training herein provided for shall consti- C tute an approved school . Q (d) Any school recognized by or approved by or af- filiated with the American Massage and Therapy Associ- ation, Inc. shall constitute an approved school . (e) Compliance with this section shall first be de- termined by the Town Manager. U Sec. 11-67 . Permit Expiration (a) All permits issued hereunder shall be annual and expire on December 31 of the year issued. (b) All permits issued hereunder shall be deemed null and void upon the sale, lease or transfer of any interest in the said massage parlor for which issued. Sec. 11-68 . Sanitation (a) All equipment, shower stalls, toilets, lavoratories and any other such accoutrements of the establishment shall be of non-porous materials and regularly treated with disin- fectants and shall be maintained in a clean and sanitary con- dition at all times . (b) Health inspectors shall be given access to any part of the quarters of a massage parlor for purposes of inspection at all reasonable times . (c) Each massage parlor shall be equipped with toilet and lavatory facilities for patrons and separate readily available toilet and lavatory facilities for personnel . (d) Either the parlor quarters or the floor of the building on which the quarters are located shall be equipped with a lavatory for custodial services. In multiple stor- ied, but small buildings , the custodial lavatory may be lo- cated within 100 ft . of the massage parlor. Sec. 11-69 . Environment No part of any quarters of any massage parlor shall be used for, or connected with, any bedroom or sleeping quar- ters; nor shall any person sleep in such massage parlor ex- cept it be for limited periods incidental to and: directly MINUTES OF JUNE 13, 1979 MEETING. 14 related to a massage or bath. This provision shall not pre- clude the location of a massage parlor in separate quarters of a building housing a hotel or other separate businesses or clubs . Sec . 11-70 . Unlawful Acts of Massage Technician It shall be unlawful for a massage technician to will- fully perform any of the following acts : (a) Placing of hand or hands upon, touching with any part of the body, fondling in any manner, or massag- ing a sexual or genital part, or any portion thereof, of any other person. (b) Exposing of a sexual or genital part, or any por- tion thereof, to any other person. (c) Failing to conceal, with a fully opaque covering in the presence of any other person, the sexual or genital parts of such massage technician. It shall be unlawful for any massage technician to mas- sage a person of another sex in a massage parlor. It shall be unlawful for any person owning, operating or managing a massage parlor, knowingly to cause, allow or permit in or about such massage parlor, any agent, employee or any other person under his control or supervision, or any other massage technician to perform such acts prohibited in this section. SECTION II . Article II of Chapter 17 of the Town Code is amended by adding a new section, to be numbered Section 17-78, which will read as follows : Sec. 17-78 . Massage Parlors I _ Any person conducting, operating or engaging in the business of a massage parlor, as defined in Section 11-62 of the Town Code, shall pay an annual license tax of $5 , 000 per location. SECTION III . This ordinance shall be in effect upon its passage. Mr. Minor explained that this is a "hybrid" from Herndon, Falls Church, Alexandria, Arlington, etc . Mr. Murray askedif it has been defended? Mr. Minor said yes, basically it has a dual pro- tection in that it sets out prohibited acts and that one cannot be massaged by a member of the opposite sex. We have in our Code a severability clause so that if any part of it is declared un- constitutional, the other parts would stand. Mr. Hill inquired as to whether this has to be advertised for public hearing? Mr. Minor said this is a valid point, he believed anything having to do with a business license has to be advertised. After looking this up in the Code, it was decided that a hearing must be had on the business license fee. On motion of Mrs. Hill, seconded by Mr. Murray, Council voted 6 to 1 to strike Section II from the ordinance until such time as a public hearing is held thereon. Aye: Councilmembers Cole , Herrell , D. Hill, M. Hill , Murray and Tolbert. Nay : Mayor Rollins . The ordinance, as amended, was unanimously adopted: Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay : None. 79-83 - RESOLUTION - CONSENTING TO .PARKING REGULATIONS FOR SECTIONS OF EAST LOUDOUN STREET AND SOUTH HARRISON STREET. On motion of Mr. Cole, seconded by Mr.Herrell, the following resolution was proposed : MINUTES OF JUNE 13 , 1979 MEETING. 15 RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Council consents to parking regulations of the manager made pursuant to Section 10-148 of the Town Code requiring a two-hour parking limit for on-street parking on South Harrison Street between East Market Street and East Royal Street and prohibiting parking on East Loudoun Street be- tween Church Street and South Harrison Street. Mr. Hill questioned whether or not there should be parking on the east and west sides of Harrison between Loudoun and Royal - he thought they had decided not to have parking on the west side along the parking lot. After some discussion, it was decided to leave it as it is and, if there is a problem, it can be solved later. The resolution was adopted by a vote of 6 to 1 : Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray and Tolbert. Nay: Mayor Rollins . 79-84 - RESOLUTION - AUTHORIZING A CONTRACT FOR CONSTRUCTION ENGI- CO NEERING SERVICES ON THE POTOMAC RIVER WATER CO SUPPLY PROJECT. CU On motion of Mr. Herrell, seconded by Mr. Hill, the following resolution was proposed and unanimously adopted: CZ Q RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : • SECTION I. The manager is authorized and directed to enter into an agreement with Betz-Converse-Murdoch, Inc. , Potomac Group, 800 Follin Lane, S . E. , Vienna, Virginia, 22180 , for construction engineering services from the bidding through _ the start-up phases of the Potomac River water supply proj- ect in line with a proposal received May 16, 1979 from the engineer (Proposal No. 21-6039-60) at a cost not to exceed $299 , 000 . SECTION II. An appropriation is made from the Capital Proj- ect Fund for the Potomac River water supply project to Ac- count No. 70000. 250 , Construction Engineering, in the amount of $299 , 000 . This appropriation shall remain in effect un- til completion of the Potomac River water supply project or until terminated by this Council . SECTION III . This resolution is effective upon this Council ' s approval of a contract for construction of the Potomac River water supply project. Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 79-85 - RESOLUTION - .APPROVING AN ADDENDA TO THE LEESBURG STANDARD CONSTRUCTION SPECIFICATIONS . On motion of Mrs. Hill, seconded by Mr. Cole, the following resolution was proposed: ' RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : The following addenda to the Leesburg Standard Construction Specifications for water, sewer, streets and appurtenances is made in order to clarify and alter the existing specifi- cations concerning back-filling and compaction of excavated areas within all existing or proposed public rights-of-way and easements within Leesburg ' s jurisdiction; all excavations within existing or proposed public rights-of-way and ease- ments shall be back-filled with suitable fill material , as MINUTES OF JUNE 13 , 1979 MEETING. 16 approved by the Department of Engineering, in 6-inch com- pacted layers, unless otherwise approved in writing. Suit- - able fill material is to be compacted at a moisture content within plus or minus 20 percent of optimum moisture. Final compaction results shall be at least 95 percent of maximum density. The contractor shall provide equipment for exca- vation purposes to expose areas of back-fill which hale been compacted to allow for testing by town personnel. The town shall perform as many compaction tests as it. deems necessary to assure that 95 percent compaction has been achieved. The Director of Engineering shall approve all methods of compac- tion. The town has the right to reject any back-fill which it de- termines as unsuitable for the purpose intended. It has the right to stop all work within easements and public rights- of-way if it is not being completed in accordance with these specifications . Compaction by water (puddling) will not be permitted. Any contractor not following the proper procedures is fore- warned that the work will not be accepted for maintenance by the town. Mr. Hill commented that this should tighten up the situation. Mayor Rollins said if there are any ditches or trenches that go down after this, "somebody ' s head will roll . " The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 79-86 - RESOLUTION - AUTHORIZING AGREEMENT FOR LEASE. OF THE LOUDOUN MUSEUM. On motion of Mr. Tolbert, seconded by Mr. Herrell, the fol- lowing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: The manager is authorized and directed to execute an Agree- ment dated July 1, 1979 with The Loudoun Museum, Inc. for the lease of property owned in fee simple by the Town of Leesburg, located at 16 West Loudoun Street (Tax Map 48A, Block 16 , Lot 23) . Mr. Hill asked if there is insurance on this building? Mr. Minor explained that the town carries fire insurance and the Chamber has been caring the liability insurance on the contents . Mrs. Upton is going/talk with the two insurance companies and, if there is a substantial difference in the premium if they carry it, we will get both policies and bill them for their part of it. Either way we will be named as additional insured for liability and contents. The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None . 79-87 - RESOLUTION - APPROVING SEWER EXTENSION FOR LOUDOUN COUNTRY DAY SCHOOL. On motion of Mrs. Hill , seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : The extension of the sanitary sewer system to serve Loudoun Country Day School at 51 Fairview Street and connection of the school to the sewer system are approved. III TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA • PRESENTED June 13, 1979 RESOLUTION NO. 79-86 ADOPTED June 13, 1979 A RESOLUTION: AUTHORIZING AGREEMENT FOR LEASE OF THE LOUDOUN MUSEUM RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The manager is authorized and directed to execute an Agreement dated July 1, 1979 with The Iiiuddtii Musepnf7 Inc. for the lease of property owned in fee simple by the Town of Lees- ", burg, located at 16 West Loudoun Street (Tax Map 48A, Block 16 , Lot 23) . PASSED this 13th day of June , 1979 . • . ./e41-i2:„:7 Kenn-th B. Rollins, Mayor Town of Leesburg ATTEST: ////// / 7 //LB— Clerk of Co7cil • MINUTES OF JUNE 13 , 1979 MEETING. Mr. Hill said the letter came to his committee as a feeler. 17 He asked if they have been made aware of availability fees, etc. ? Mrs. Hill said she asked Mr. Niccolls and he said they are aware of this . The resolution was unanimously adopted: Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 79-88 - RESOLUTION - MAKING APPOINTMENTS TO THE CITIZEN LIAISON COMMITTEE FOR FAIRVIEW SUBDIVISION STORM DRAINAGE FACILITY PROJECT. On motion of Mr. Cole, seconded by Mrs . Hill, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The following are appointed to the Citizen Liaison Committee for the Fairview Subdivision storm drain- age facility project: CO Margie Harrison George A. Michael CO Peter Degroot (� George E. Selby Q Robert Lee Spinks Q SECTION II. The term for these appointments shall expire upon the completion of the project. It was pointed out that these people are all residents of Fair- view Subdivision. Mr. Hill asked if we have to advise HUD? Mr. Minor said we do not - if they do an audit and ask for the citi- zen participation plan, then we show them this . .The resolution ' was unanimously adopted: Aye : Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. Mayor Rollins advised Council that the State Water Control Board is not in a very big hurry to meet with the Town concerning sewer plant expansion. Apparently the EPA is not going to fund any wastewater treatment facilities in the State, or in the Na- tion, unless the State can justify the need for advanced waste- water treatment. The SWCB, at this point, is not able to justify it because tests need to be conducted and other work needs to be done before they can say what is needed. For that reason they decided to defer the meeting with Council and EPA until they can come up with what they think should be required. They thought the Leesburg plant was in such excellent condition that there is no need to be such a hurry. Mr. Hill disagreed - this locks us in so that we can do nothing with STEP II . We have to have some kind of standards before we can go with design. -We have to have this on line by the time the water plant is completed. Mayor Rollins disagreed - nobody will be using that much water imme- diately. They think Leesburg will not have to do anything for at least four years . Mr. Hill said it would take that long to get anything done. Mayor Rollins said he would think the answer would come in six months because the lead time would be two or three years . However, they do not have the testing to know the condition of Tuscarora or Goose Creek to know what they feel will be justified. Mayor Rollins said he had previously said this was the first case. in Virginia where the new policy of not funding any advanced wastewater facilities would be considered. The sug- gested standards cannot be done until certain testing is done on Goose Creek and Tuscarora. Mr. Hill said "we are right back where we were before. " He guaranteed nothing will be done in two years - this is a delayed action and he thinks it is a crime. MINUTES OF JUNE 13, 1979 MEETING. 18 On motion of Mr. Herrell , seconded by Mr. Tolbert, Council voted unanimously to go into executive session to discuss legal and personnel matters : Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. On motion of Mr. Tolbert, seconded by Mr. Cole, Council voted unanimously to resume session. There was no action taken. On motion of Mr. Cole, seconded by Mr. Herrell, Council voted to adjourn at 10 : 12 P.M. Mayor Clerk of th Council