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HomeMy Public PortalAbout1970_10_14 233 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1970. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street , Leesburg , Virginia, on Oc- tober 14 , 1970 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman Howard offering the prayer. Those present were : ' Mayor Kenneth B . Rollins , Councilmen Frederick R. Howard, Walter F. Murray, Robert A. Orr, John W. Pumphrey and John A. Wallace, Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman G. Dewey Hill. The' Minutes of the regular meeting of September 23 , 1970 were ap- proved as written . Town Manager James Ritter reported the following : (1) We have received word from the Council of Governments that they have approved the Town 's application for a Federal Grant on the Potomac Water Project. This has been submitted to Johnson and Williams for their submission to HUD in Philadelphia . He would suppose the next step would be to go to Philadelphia . (2) We have received no answer on our offer on the Hospital Road property. They still have about two more weeks to go on our 30-day pro- CD. vision. Cal (3) We received the Audit Report today from Yount, Hyde & Company, Q and which has been distributed to all Council members . (4) The appropriation on the Agenda to English Construction Com- pany should be changed to $37 , 927 .22 . (5) Regarding the borrowing of $125 ,000 in anticipation of the 1.5 million dollar bond sale, we received three bids , the one from the First National Bank of Purcellville being for 5 .27,. The other two bids , one from First & Merchants Bank and one from Peoples National Bank, were both in the amount of 4370. Riggs Bank did not send a bid, since they had told Peoples they would not . This has been discussed with both First & Merchants and Peoples , and they are willing to split the loan, each loaning $62 ,500 at 4' 7. for a one-year period. We will probably need this money in three or four weeks , so it would be a good idea to ap- prove this tonight , so the Banks can draw up the necessary Resolutions . (6) Concerning the moving of the 8" water line on Rt . 7 , Johnson and Williams made a study of this about three or four years ago and Dew- berry, Nealon and Davis drew up plans about a year ago. This would eliminate the existing 8" water line in the shoulder of Route 7 , which has to be moved because of the By-Pass construction. English Construc- tion Co. is willing to do this at cost due to our letting them park their trailers on the By-Pass job . $37 ,000 was the original bid for this job and he figured today that it should not cost over $20 ,000 , at cost. This came up after the Utility Committee 'meeting, but was discussed by the Finance Committee . (7) There -is attached to the Agenda a letter from the Town Attor- ney which should be discussed tonight . (8) The Edwards Ferry Road Project has been completed, except for some minor dressing up on the shoulders and the median strip. . With the appropriation tonight , this will make $111,733 .00 that will have been paid to Tri-County Asphalt Co .: The total cost of the project will be $138 ,000 , of which Mrs . Carr will have paid $69,650 and John Wallace $18,448 . They will be paying 64 per cent of thecost of the Project. (9) On the Valley View Ave. Sewer job, we sent invitations to bid to six bidders and received four (4) bids , ranging from a low bid of $20,678 to a ' high bid of $35 ,096 on the Sewer Line alone . We also asked for bids on a 6 ' water line and they ran from a low of $4 ,804 to a high of $14,620 . The bids on the sewer line' were higher than we had antici- pated (we had $12 , 160 in the Budget for the sewer line and $4,560 for the water line) . However, there is a rock figure in the bid from Perry Engineering Co . of 334 cu. yards at $15 .00, or a total of $5 ,010. If we should encounter no rock, we could wind up with a final cost of $15 ,000, plus or minus . We know that these people on Valley View Ave . need a sewer line worse than they need a water line . 234 MINUTES OF OCTOBER 14, 1970 MEETING. - (10) He discussed the scarcity of sewer plant operators . We have gotten to the point of needing one more man and we have been unable to secure him. This has been going on since last February. We trained two men - one quit after the School ended, the other is working at the Plant . We have kept one of our older employees, Gene Keyes, and he and Mr. ' Richards have been working 24 hour shifts for about 6 weeks now. We have another man coming in tomorrow, which will help the situation some. We have been fortunate in being able' to retain Gerry Deal, the instructor from the class in Hagerstown , who has been here through agreement with the Federal Government, however, he will be leaving very soon. We have had quite a number of applicants for this job who were well qualified, but we did not have enough money in the Budget to pay them. The picture of operators is changing fast all over the country. There is a new program which started last week in Annandale and is completely financed by the Federal Government . All a man has to do is attend school once a week. Those men we have interviewed from Pennsylvania and other western states are getting about $12 ,000 . We have set up $7 ,000 for three opera- tors and $9,300 for a Chief Operator and he doesn ' t want to pay a Chief Operator any more than this , if he did, this would be more than our Planning Director or Superintendent of Utilities is making. The new man is single and doesn 't have to worry too much about finding a place to live and he comes from Harrisonburg , which is an area where they do not pay too much money. Also, he has three or four years ' experience: He asked that Council members be thinking about this serious situation and it will be discussed with the Committees again next week. Councilman Wallace asked if we have had an answer from Johnson and Williams regarding "further test borings . " Mr. Ritter said we have not . Councilman Howard suggested the possibility of hiring a woman as a Sewer Plant Operator . Mr . Ritter said he supposed there would be some women who would qualify for this type of job, but he believed finding the right type would be a problem. He :said he could not imagine women working at the Sewer Plant, but he would hire anybody right now. Councilman Pumphrey asked if all the bids on the $125 ,000 loan we opened at the same time . Mr. Ritter said they were not . The one from First and Merchants was brought in by Mr. Gheen about 10 minutes before the meeting and the other two were opened before , along with the regular mail . They were not marked in any special way, so he had no way of know- ing what they were . Councilman Pumphrey expressed his opinion that they should all have been opened at the same time . Councilman Murray suggested that a possible source of long-range help of sewage treatment - personnel might be to advise the counsellors at the high school about this . They might come up with some help or be able to give some leads . Also , Councilman Murray said he understands Mr. and Mrs . Fuller on ' Edwards Ferry Road a're hot happy with their drain field since we built the road. They claim that the grade has been raised and this is causing their sump pump to run more frequently to carry off excess water back- ing up in it . They gave their easement to the Town free of charge , while others were paid for theirs , and he believes it is incumbent upon the Town to look into and take care of this problem . Mayor Rollins asked if both First and Merchants and Peoples Bank bid 41/27. for the total amount of the $125 ,000_iloan. Mr. Ritter said they did. Councilman Orr said the letters were not identical - one said the loan could be renegotiated at the end of a year, the' other said it could be renewed. . A Public Hearing was held at this time on the Rezoning Application of Mr. Herbert Pearson; said application being explained by Mayor Rol- lins as it was advertised in the Loudoun Times"-Mirror . Mayor Rollins also explained that the Planning Commission has recommended that only two properties , that of Mr. Pearson and Dr. Robert A. Orr, be rezoned at this time . Councilman Orr disqualified himself on this matter, since he is a party to said request . Mr. Pearson spoke in favor of this rezoning, asking that the Planning Commission recommendation be adopted. t' 235 .t MINUTES OF OCTOBER 14, 1970 MEETING. He stated that the property across the street is zoned Commercial and the reason for recommending that only two of the properties be rezoned is because the people living in the remainder of the houses would pre- fer not to have their property rezoned at this time, believing this would cause an increase in their real estate taxes . On motion of Council- man Murray, seconded by Councilman Wallace , the following Ordinance was offered for discussion : BE IT ORDAINED by the Council for the Town of Leesburg , Virginia, that the Leesburg Zoning Ordinance be and the same is hereby I amended by changing the land use as designated on the Leesburg Zoning Map as follows : From R-2 to B-2 the lands of C. Herbert Pearson and Dr. • Robert A. Orr, located on the south side of East Loudoun Street, and bounded by East Loudoun Street on the north; the properties of Steadman on the east ; creating a new line 1321 feet south parallel to the center of East Loudoun Street through the properties of C . Herbert Pearson and Dr. Robert A. Orr on the south; and the property of Wright on the west. C.0 CD Councilman Pumphrey objected to this , stating that this is something the 'I Council has been trying to prevent for the last ten years, and contend- ing that this would be spot zoning. Councilman Murray said the Plan- ; ping Commission gave this a lot of thought and they did not consider this to be spot zoning, since a great deal of East Loudoun Street is al- ready zoned Commercial . The Planning Commission would have been in fa- vor of rezoning the whole block but , since there were- some who voiced objections because of the tax question, the Commission was unanimous in its feeling that only the two properties be rezoned. There was con- siderable discussion regarding this question by the Council members , with all members seemingly in favor of this , with the exception of Councilman Pumphrey .- Mrs-. Robert Steadman stated that she was in favor of the re- ' zoning of the two pieces of property , rather than the whole block. A roll call vote showed 4 members for this rezoning and one against, that being Councilman Pumphrey . A Public Hearing was held on the Rezoning Application of S. D. Phil- lips , Jr. Mayor Rollins explained this application also and stated that the Planning Commission has recommended its approval . Mr. Sam Engle, representing Mr. Phillips , presented pertinent facts in support of this application, including the fact that the only adjoining property owners , Mr. and Mrs . Frank Church, are in favor of this rezoning. He also pointed out that, since the Town will be losing about 42 acres of commercial land 'from its tax rolls due to the By-Pass going through, this rezoning will make up in part for this . No-one spoke against this rezoning request and, on motion of Councilman Murray, seconded by Councilman Pumphrey , the fol- lowing Ordinance was adopted by a unanimous roll call vote : BE IT ORDAINED by the Council for the Town of Leesburg , Virginia , that the Leesburg Zoning Ordinance be and the same is hereby amended by changing the land use as designated on the Leesburg Zoning Map as follows : From R-1 to B-2 the land of S. D. Phillips , Jr. , located on the east side of Valley View Avenue , bounded by the prop- erty of Frank and Hazel Church on the north; South Wirt Street on the east ; other land of S. D . Phillips , Jr. on the south; I/ and Valley View Avenue on the west. A Public Hearing was then held on the Rezoning Application of Gold Star Homes, contract purchaser of the Carter Tract . Mr. Lewis H. Grif- fith , attorney representing the applicant , distributed to Council mem- bers copies of a drawing showing the intended use of this land, pointing out that they have presented a substantially different proposal since the last time they appeared before this body. They are requesting that 6 . 7 acres be rezoned from R-2 to B-2 along Route 15-, where it would be proposed to develop a shopping center . Catoctin Circle would run through this property and it is proposed that it would be built by the developer _236 MINUTES OF OCTOBER 14, 1970 MEETING. as the area is developed and then dedicated to the Town. In answer to Councilman Orr 's question as to how soon this would be done, Mr. Grif- fith said he believed this would be one of the first things to be done. Immediately behind this commercial development , there would be a land- scaped buffer strip. Their application asks for the rezoning of 17 .5 acres behind this to R-3 - the Town House category - which would provide 134 town house units . To the rear of this ,, their application asks for 12 .6 acres to be rezoned from R-2 to R-1. This would permit 62 single family houses and would provide a complete buffer zone to the existing subdivision. There would be open areas between the single family and town house areas and all streets would be dedicated to public use . They would probably have to ask for a variance for off-street parking, particularly in the town house areas , which provides for better mainte nance and emergency use . In the R-3 and R-1 areas , they would propose develop these in keeping with the overall development of the Town. House prices would be in the lower 30 's . There is excellent topography in 'this property and they would preserve open areas and provide recreational facilities . He cited the following four major criteria to be considered in this application: (1) Is the property located near or accessible to an existing or planned shopping center? (2) Is it compatible with surrounding developed areas? (3) Is there going to be any undue density in relation to the community and available facilities? (4) Is there reasonable accessibility to the primary highway? Mr. Griffith felt that all of these items were certainly complied with. He also pointed out that all utilities would be underground and that the town houses and single family houses will all be owner occupied, not ren- tal property. Councilman Pumphrey asked about the size of. the recrea- tional areas . Mr. Ed Dove, engineer for the applicant, explained that there would. be about 3 acres devoted to this purpose. To. Councilman Orr ' s question as to the type of recreational facilities , Mr. Dove said there would be a swimming pool, which would be restricted to the use of the residents in the development , and tennis courts . Mr ., Forbes said they could have 12 units to each acre in the town house area , but this provides for open space . He added that the owners would have to enter into an agreement with the Council, guaranteeing that these open spaces would be maintained by someone other than the Town before the , plat would be approved. Mr. Griffith said their recommendation is for only 8 town house units per acre: On motion of Councilman Wallace , seconded by Councilman Howard, the following Ordinance was offered : BE IT ORDAINED by the Council for the Town of Leesburg, Vir- ginia , that the Leesburg Zoning Ordinance be and the same is hereby amended by changing the land use as designated on the Leesburg Zoning Map as follows : From R-2 to R-1 12 .6 acres of land, from R-1 and R-2 to R-3 17 .5 acres of land, and from R-2 to B-2 6 . 7 acres of land owned by Gold Star Homes , Inc . , contract owner, and located on the west side of South King Street, all in accordance with a plat and descriptions of the same prepared by Edward Dove , P.E . , Civil Engineer and Land Surveyor, on file with the ap- plication. . Councilman Murray said he believed there were two people who appeared at the Planning Commission hearing and asked questions . Councilman Pum- phrey asked what Gold Star. Homes ' immediate plans would be if this re- zoning is approved. Mr. Griffith said that, once the rezoning is ac- complished, there is a reversionary interest in lots in the old Valley View Subdivision which must be resolved. Their title examination is not complete yet, but this would either have to come before the Council to vacate those particular properties , or else petition the Circuit Court for Loudoun County to hold that the Restrictive Covenants are no longer applicable and are removed from the Record. Then there is a 30-day set- tlement period . The terms of the contract are such that the property cannot be actually purchased without some immediate development . A roll call vote of 5 for and none against adopted the above Ordinance , with i Mayor Rollins disqualifying himself from the vote . Mr. Forbes asked that Mr. Griffith identify the plat as being the proper boundaries of the property to be rezoned and that it be marked "Exhibit 1 . " 237 MINUTES OF OCTOBER 14, 1970 MEETING. A Public Hearing was also held on an Amendment to Article 11 of the Leesburg Zoning Ordinance . No-one spoke either for or against this amendment . Mr. Forbes explained that this provides a method of amend- ing the Zoning Ordinance in a manner that is in keeping with the latest revisions to the Code of Virginia . It also provides for the posting of property , notification to owners , how public hearings should be held and how recommendations should be made back to the Council . On motion of Councilman Murray , seconded by Councilman Wallace , Council voted unani- mously to adopt the following Ordinance : BE IT ORDAINED by the Council for the Town of Leesburg , Vir- ginia , that Article 11 of the Leesburg Zoning Ordinance be de- leted in its entirety, and the following be inserted in place thereof: ARTICLE 11 - AMENDMENTS 11-1 Whenever the public necessity , convenience , general welfare , or good zoning practice requires , the Council may amend, supplement , or change the regulations in the Zoning Ordinance , or the zoning boundaries or clas- CSD sification of property on the Zoning Map, in conformity CD with the provisions of Article 8, Chapter 11, Title 15 . 1 . of the 1950 Code of .Virginia , as amended, and as set nalforth herein. ' 11-2 INITIATION OF AMENDMENTS : Amendments to the Zoning Ordi- nance shall be initiated only in the following manner : (a) Amendments to the text of the Ordinance and/or changes in the zoning boundaries or classification of properties shown on the Zoning Map may be initiated by the Council or the Planning Commission in accord- ance with the provisions of Section 15 . 1-493 , 1950 Code of Virginia , as amended. (b) Amendments to the zoning boundaries or classifica- tion of property shown on the Zoning Map may be initi- ated by property owners of the land proposed to be re- zoned, by the filing with the Council of a Zoning Map amendment petition addressed to the Council, which pe- tition shall be on a standard form approved by the Plan- ning Commission and provided by the Zoning Administrator, ` and accompanied by a fee of One Hundred Dollars ($100 .00) and all other material and data required in said form. • 11-3 PUBLIC HEARING BY PLANNING COMMISSION: Upon receipt of a properly filed amendment request or petition, the Zon- ing Administrator shall set a time and place for a pub- • lic hearing by the Planning Commission on said amendment and direct that public notice be given as required by Section 15 . 1-431 , 1950 Code of Virginia , as amended, and Section 11-8 hereof. 11-4 PLANNING COMMISSION RECOMMENDATION: Following the public hearing, the Planning Commission shall forward the pro- posed amendment to the Council together with its recom- mendations and a statement fully 'setting forth its rea- sons for such recommendations . Failure of the Commis- sion to make a recommendation within ninety (90) days after the first meeting of the Commission subsequent to receipt of a proposed amendment shall be deemed approval by the Commission of such amendment . 11-5 PUBLIC HEARING BY COUNCIL, ACTION: Before approving and adopting any amendment to the Zoning Ordinance text or map, the Council shall hold at least one public hearing thereon, pursuant to public notice as required by Section 15 . 1-431 of the 1950 Code of Virginia , as amended, and Section 11-8 hereof . An affirmative vote of at least a majority of the members of the Council shall be required 28 MINUTES OF OCTOBER 14 , 1970 MEETING. within thirty (30) days of the Council 's advertised public hearing in order to amend the Ordinance text or map , otherwise said amendment, shall not be approved or adopted without proceeding anew as in the case of a new amendment . No amendment to the Zoning Map shall be ap- proved for a change in zoning classification different from the one applied for and contained in the public no- tice of hearing nor for any land not included therein without referring said change to the Planning Commis- sion for its review and recommendations and proceeding pursuant to Sections 11-3 and 11-4 above, provided, how- ever, that an amendment may be approved for only .a por- tion of the area proposed for rezoning if the portion rezoned is accurately and sufficiently delineated in the approval action. 11-6 LIMITATION ON FILING NEW PETITION AFTER ORIGINAL DENIED : Upon the denial by the Council of any petition filed pursuant to subsection (b) of Section 11-2 above, no new petition concerning any or all of the same property shall be filed within twelve (12) months of the date of ' denial. 11-7 WITHDRAWAL OF PETITIONS : Any petition filed 'pursuant to subsection (b) of Section 11-2 above may be withdrawn upon written request by the applicant any time prior to the submission of any public hearing notice for adver- tisement ; provided, that if the request for withdrawal is made after publication of the notice of hearing, such • withdrawal shall be only with the consent of either the Planning Commission or the Council, whichever body has advertised the hearing , and no new petition concerning any or all of the same property shall be filed within twelve (12) months of the date of action by the respective body approving such withdrawal unless such body in its action approving withdrawal specifies that the time limitation shall not apply, and permits the petition to be withdrawn "without prejudice". 11-8 POSTING OF PROPERTY : Additional notice of public hearings involving Zoning Map amendments initiated pursuant to subsection (b) of Section 11-2 above, shall be provided by means of signs posted on the property proposed for re- zoning, in the manner prescribed in this Section. 11-8-1 POSTING OF PROPERTY - PLANNING COMMISSION HEARING : At least fifteen (15) days preceding the Planning Commis- sion 's public hearing on a Zoning Map amendment , the ap- plicant shall erect on the property proposed to be rezoned, a sign or signs furnished by the Zoning Administrator in- dicating the change proposed and the date, time and place of the public hearing. The sign shall be erected by the applicant within ten (10) feet of whatever boundary line of ssg&h land abuts a public street and shall be so placed as torclearly visible from the street with the bottom of the sign not less than two and one-half (22) feet above the ground. If more than one such street abuts the prop- erty, then a sign shall be erected in the same manner as above for each abutting street . If no public street abuts thereon, then signs shall be erected in the same manner as above on at least two boundaries of the property abut- ting land not owned by the applicant . 11-8-2 PASTING OF PROPERTY - COUNCIL HEARING : Upon receipt of written notice that a public hearing has been scheduled before the Council for his Zoning Map amendment , the ap- plicant shall erect , at least fifteen (15) days preceding such hearing , a sign or signs furnished by the Zoning Ad- ministrator indicating the change proposed and the date, time and place of the public hearing. Such sign or signs shall be erected in the same manner as prescribed in sub- section 11-8-1 above . 239 MINUTES OF OCTOBER 14, 1970 MEETING . 11-8-3 MAINTENANCE AND REMOVAL OF SIGNS : Any sign erected in compliance with this Section shall be maintained at all times by the applicant up to the time of the hearing and it shall be the duty of the applicant at the hearing to prove by affidavit that he has fully complied with the requirements of this Section and has continuously main- tained the sign or signs up to the time of the hearing. It shall be unlawful for any person, except the appli- cant or the Zoning Administrator or an authorized agent of either, to remove or tamper with any sign furnished during the period it is required to be maintained under this Section. All signs erected under this Section shall be removed by the applicant within fifteen (15) days fol- lowing the public hearing for which it was erected. On motion of Councilman Wallace, seconded by Councilman Murray, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriation be made : $37 , 927 .22 - English Construction Co. for Est. #23 on Con- CD tract S-I . (1969 Bond Issue) . r Dr. Orr left the meeting at this time . Mr. Moody reported that the new Sewage Treatment Plant has been in operation for several weeks now. They are still trying to get some of the manufacturers ' representatives regarding motor and pump operation and they hope to have some of this in good condition very shortly. Al- though the pumps are working , they are not running as smoothly as they should. The motor for the No. 1 primary clarifier is on its way and the doors for the chlorine room are here and ready to be mounted. The fence is about 65 per cent completed and they are waiting on him to get the gates that were left out by the engineer . He said the Plant is look- ' ing better all the time and they hope to get the roads done very shortly. They had a promise from Tri-County Asphalt for this week and it is hoped to get this work done before it rains . The grass is coming along very nicely too, although there are a lot of weeds in it , but they have a year to get this in good condition . He said the operator situation is critical , -even when we get them trained, we will have to pay wages that will be competitive with the Metropolitan area or we will not be able to main- tain good operators . We must keep the Plant operating properly . He also reported that he has been doing other work as Director of Public Works , such as trying to inspect practically all of the subdivi- sion work that is going on . He has been working on the Leesburg Country Club apartment project , and the work by Mr. Arl Curry in Prospect Hills . He has also been working on the design for several other project, includ- ing the Hospital Road. Councilman Pumphrey asked if he has talked with Mrs . Bishop about the proposed swale through her property . Mr. Moody said he has to go back to see her in the next day or so - she says she will go along with it if it is done within the next two years . He also has to see Mr. Fletcher and see if we can put the proper pipe through his property and also through the Fisher property . There was further discussion regard- ing this project. Mayor Rollins called attention to the letter from Town Attorney Martin re his fee for collecting delinquent taxes for the Town. Council- man Wallace said the Finance Committee discussed it , but took no action. He asked that Mn Martin be present at the next Committee meeting. On motion of Councilman Murray, seconded by Councilman Howard, the following resolution was offered: WHEREAS, inquiries were made of local banks and Riggs National Bank of Washington, D. C. as to the borrowing of $125 ,000 in anticipation of the sale of 1.5 million dollar bonds , and .240 MINUTES OF OCTOBER 14 , 1970 MEETING. WHEREAS , low bids were received from First & Merchants Nat- ional Bank and Peoples National Bank at the rate of 41% for a period up to one year, and WHEREAS, these two Banks are willing to split the lending of $125 ,000 at the above-mentioned rate , TOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to make. the necessary arrangements for the borrowing of $62 ,500 from First & Merchants National Bank, and $62 ,500 from Peoples Nat- ional Bank, at 41% fpr a period of one year, with the privilege of renewing at the end of one year at the same rate of interest. There was some discussion as to the renewal or renegotiation of this loan at the end of the first year, with Mayor Rollins believing that we should have something in writing from each one of the Banks . However , the resolution was unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Wallace , the following resolution was offered: WHEREAS , English Construction Co . has a contract with the Vir- ginia Department of Highways for the construction of a grade separation project at the intersection of Rt. 7 and Rt. 15 at the east corporate limits of Leesburg , and WHEREAS, the Town of Leesburg has an 8" water line in the south shoulder of Rt. 7 which has to be moved because of this con- struction, and WHEREAS, the Town of Leesburg has prepared construction plans • for the laying of a 12" water line below Rt. 15 in order to pro- vide a permanent installation, and sized to provide a sufficient amount of water to the area lying east of this point; and WHEREAS, English. Construction Co. has offered to install the 12" water line at cost, NOW, THEREFORE , BE IT RESOLVED .by the Town Council of the Town of Leesburg , that the Town Manager be authorized to have Eng- lish Construction Co. install the 12" water line , in accord- ance with Town of Leesburg 's plans , and with the understanding that the Town will be charged on the basis of actual cost , and BE IT FURTHER RESOLVED, that this project be financed from the 1969 Bond Issue . Mr. Ritter said we will be down there constantly watching them and will keep track of actual cost . It is impossible at this time to tell what it will cost, however, materials should not cost over $14,000 and labor $6 ,000. The entire job should be done in two weeks . They are not in- terested in making any money on this and are doing it as a favor to the Town . The Town will buy the materials , so there will be no profit there . The overhead is not spelled out , but we will be there all the time . There will be insurance , taxes , and maybe som1tbookkeeping. We can prob- ably get the materials in a week and he can doat his convenience and coordinate it with his other activities down there. We are in no rush, except to get it out of his way. The resolution was then unanimously adopted. • On motion of Councilman Howard, seconded by Councilman Pumphrey , .the following resolution was unanimously adopted: WHEREAS, George M. Kline provided a Performance Bond on October 11, 1967 in the amount of $52 ,884.00 to cover physical improve- ments in Mayfair Subdivision, and WHEREAS , the completed improvements , as of October 9, 1970, represent $45 ,884. 00 of the Bond, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Bond be declared completed upon receipt of certified check in the amount of $7 ,000.00 to cover improvements yet to be completed, or provided that an Escrow Account be set up equal to 150% of $7 ,000.00 . 241 MINUTES OF OCTOBER 14, 1970 MEETING. Mayor Rollins called Council 's attention to a letter attached to the Agenda from Mr. Arthur Arundel re use of land behind the Times- Mirror Building and other adjoining properties. On motion of Councilman Wallace, seconded by Councilman Murray, the following resolution was unanimously adopted, after explanation by Mr. Ritter-: . BE IT RESOLVED by the Town Council of the Town of Leesburg , I that the following appropriations be made : (a) $ 1, 750 .00 - Kenneth I . Lee - Stuccoing Town Office Building.. General Fund - Capital Outlay. (b) 47 ,501 .09 - Tri-County Asphalt Co. for work on Ed- • wards Ferry Road. Streets-Capital Outlay. Mr. Ritter also explained the possible problem at Dr . Fuller 's residence on Edwards Ferry Road and said that he and Mr . Bozel will look into this matter . Councilman Murray reiterated his feeling that we should take care of anything that is the Town 's responsibility on this . LV J • r, On motion of Councilman Pumphrey, seconded by Councilman Howard, p the following resolution was unanimously adopted, with Mayor Rollins CZ disqualifying himself, after explanation by Mr. Ritter of the bids re- C: ceived: WHEREAS , advertisements were sent out for the construction of an 8" Sanitary Sewer Line on Valley View Ave . from Rt. 15 to the end of the pavement , and WHEREAS, the low bid was submitted by Perry Engineering Com- pany, SNOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that a contract be entered into with Perry Engi- neering Company for the construction of this Sanitary Sewer Line , in accordance with unit prices submitted in their bid, at a total estimated construction cost of $20,678 .62 , and ' BE IT FURTHER RESOLVED that this appropriation shall come from Utility Fund, Capital Outlays . Mr. Moody asked that Council give some consideration to Mrs . Bishop ' s approval of a two-year period in which to put the pipe in the swale on her property. This was discussed and it was the general consensus of Council to go along with this . On motion of Councilman Murray, seconded by Councilman Wallace , the meeting adjourned at 9 :20 P.M. ed./ Mayor IO .o ZClerk of he Council