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HomeMy Public PortalAbout1971_12_22 awa 76 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 22, 1971. ' • A regular meeting of the Leesburg Town Council was held in the Coun- cil Chambers, 10 West Loudoun Street, Leesburg, Virginia, on December 22 , 1971 at 7 :30 P.M. The meeting was called to order by the Mayor, with the prayer being offered by Town Manager Ritter. ' Those present were: Mayor, Kenneth B. Rollins , Councilmen G. Dewey Hill, Walter F. Murray, John W. Pumphrey, C. Terry Titus and John A. Wallace, Jr. ; also Town'Manager James W. Ritter, Jr. and Town Attorney George M. Martin . Absent from the meeting was Councilman Robert A. Orr. The Minutes of the regular meeting of December 8, 1971 were approved as written. , Town Manager James W. -Ritter reported the following : (1) Regarding the Tiffany easement needed for the Douglass Relief Sewer, several meetings have been held with David Rust, in fact, they have • spent hours at various times trying to help him develop his property in the best way that he can. They are •not getting anywhere with him and this job should be advertised very quickly, so he thinks it best to have this ease- ment• appraised. 6 (2) The correction of infiltration problems in the sewer system was discussed at length by the Street Committee. Proposals were presented from three firms who do this kind of- work. The Committee felt that South- ern Line Cleaning Company submitted the best bid, mainly because they know the approximate cost per foot to do the job. They believe this par- ticular section will cost around $10,000 - there are 4300 feet in this line, which is described as following North Street from King, down Harri- son across 'the A & P Lot to Loudoun, down Church, east on South Street, thence south to a manhole across the old W. & O.D. They know that this is a line that gives more trouble than any other in Town and, if this proves to be a success , then there are two or three other areas that need the same treatment. They would- like to start on this immediately and the Company has said they could start very soon. (3) He' called attention 'to a letter from English Construction Company attached •to the Agenda, which protests the withholding of sums they feel are due them on the construction of the Sewage Treatment Plant. The letter points out, however, that they will reluctantly ac- cept one-half of the amount recommended by Council in order to resolve the matter without litigation. He recommended that this $6,930.00 be paid as • quickly as possible . • • • (4) A proposal has been received' from Johnson and Williams for a Water Study and this will be discussed at the next Street Committee meet- ing . (5) No word has "been• received from Murray Rust on the Potomac Water Site. Johnson and Williams expects to-have- the plans completed on the Plant sometime in March. (6) He called attention to a letter from Bob Forbes, outlining the • - results of a meeting held with the County Planning Director and his As- - sistant. They are well pleased with the position• the County has • taken on several matters . The County Planning committee has passed this report on to the Board of Supervisors for their information. Mr. Ritter said he thought Mr. Forbes should be commended for the good job he has done on • - this . (7) The Deed for the new street to the Hospital has been passed on to the Hospital and we should be receiving it very soon. l • Councilman Titus asked if there has been any contact with the To of Herndon regarding Johnson and Williams ' report on the water study for them. Mr. Ritter said he would take care of this .. . Councilman Titus complimented the Mayor and Councilman Hill on their successful trip to Richmond regarding the By-Pass . 7 7 MINUTES OF DECEMBER+22TLMEETING. On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was unanimously adopted after discussion regard- ing the meetings with Mr. Rust : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to have the Harry I . Tif- fany Sewer Easement appraised, in connection with the proposed construction of the Douglass Relief Sewer. On motion of Councilman Pumphrey, seconded by Councilman Hill, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that -a contract be entered into with Southern Line Cleaning Co. , in accordance with their proposal for cleaning, TV in- spection and grouting of sanitary sewer line , described as the sewer line extending along North Street, east of King Street, thence south on Harrison to Loudoun Street, to Church Street and terminating at a manhole south of the old W. & 0. D. right-of-way, which total length is approximately 4300 ' • long, and VP 0 BE IT FURTHER RESOLVED, that the Town reserves the right to in- :a. crease or decrease the length of sewer lines to be cleaned, in- spected and grouted. C _ Various phases of this job and other areas which should be investigated were discussed at length. On motion of Councilman .Titus , seconded by Councilman .Pumphrey, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that , in consideration of the granting of a sanitary sewer easement through the Wilbur Whiting property on Sycolin Road, the Town will extend a 4" Service Line from the 21" main to the west edge of the easement , at no cost to the property owner, and BE IT FURTHER RESOLVED, that the granting of the above sewer connection is contingent upon it being used by the property owner within five (5) years from the date of the easement. There was discussion regarding this resolution, with Councilman Hill feel- ing that the Town should not have to pay for some of the easements needed when others are given free of charge . Councilman Titus felt this is a good thing, that it might rid the Town of some of the septic tanks in use. On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was offered : WHEREAS, a resolution was passed by the Town Council on Janu- ary 27 , 1971, directing that $500 be deducted from Johnson and Williams ' final payment , representing cost of water seals at the Sewage Treatment Plant, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the above resolution be rescinded. Councilman Pumphrey said he was absent when the first resolution was adopted and he does not feel this is the fault of Johnson and Williams, but of the manufacturer. Cpual apflwan� p.t�{gelgreed with this and said he objected to the way it was me £ hex • ouncilman Wallace said he thought this was on the recommendation of Mr. Moody . The resolution adopted on January 27 , 1971 was read by the Clerk. Councilman Hill com- mented that Johnson and Williams was not notified and had no opportunity -fa- rebuttal. The above resolution was then unanimously adopted. I 8 MINUTES OF DECEMBER 22, 1971. MEETING. On motion of Councilman Wallace, seconded by Councilman Pumphrey, the following resolution was unanimously adopted, with Councilman Wallace suggesting that the needs of the Utility Department be checked before the old car is sold: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to place an order through the State Department of Purchases and Supply for one (1) 1972 Model Plymouth Police Car, at a price of $3, 277 .22 . On motion of Councilman Pumphrey, seconded by Councilman Wallace, the following resolution was offered: o g o BE IT RESOLVED by the Town Council of the Town of Leesburg, that .the position of Inspector be established, whose duties will be to inspect all outside construction of physical im- provements performed by developers, and to perform such other dudes .as directed by the Town Manager or Director .of Public . Works , and BE IT FURTHER RESOLVED, that a salary of $10,000 per annum be established for this position, and that an appropriation be made of $5,000 from the General Fund to finance this position for the balance of the fiscal year. There was some discussion regarding the $5,000 appropriation, with Council- man Murray moving to amend the resolution by striking everything in the second paragraph after the word "position." This was seconded by Council- man Wallace and the amendment unanimously adopted. The resolution, as amended, was then unanimously adopted. On motion of Councilman Wallace, seconded by Councilman Murray, the following resolution was unanimously adopted : WHEREAS, $25 ,000 was transferred from the Utility Fund to the General Fund by resolution on October 13 , 1971, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that this $25 ,000 be reimbursed to the Utility Fund from the General Fund. On motion of Councilman Wallace, seconded by Councilman Pumphrey, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that a supplemental appropriation be made in the amount of $16 .78 to Interest Payment due on January 15 , 1972 .on $300,000 Bond Issue . On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of .Leesburg, that the sum of $6 , 930.00 be appropriated to English Construc- tion Company as payment in full on Contract S-I for the con- struction of the Leesburg Sewage Disposal Plant , in accord- ance with their letter to the Town of Leesburg dated December 15, •1971, said appropriation to be from the 1969 Bond Issue Account. Mr. Ritter explained that the withholding of $715 .81 to which English objected is for tools that the contractor buys and then gives to the Town to operate •the Plant . He also said we owe English for labor on installing the water line on Route 7 . On motion of Councilman Murray , seconded by Councilman Wallace, the following resolution was unanimously adopted after some explanation by the Town Manager as to the need for this resolution : requested by Mr. Gheen of First and Merchants National Bank: 79 MINUTES OF DECEMBER 22, 1971 MEETING. RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA DESIGNATING DEPOSITORY FOR MAINTAINING ACCOUNTS IN THE NAME 'TOWN OF LEES- BURG. VIRGINIA" RESOLVED, that First & Merchants National Bank, Leesburg, Vir- ginia, is hereby designated as a depository of the Town of Lees- burg , in Virginia, and that a checking account shall be main- tained in said Bank in the name "Town of Leesburg, Virginia, 1971 Bond Issue Account. " BE IT FURTHER RESOLVED, that checks, drafts , bills of exchange, and acceptances or other orders for the payment of money from said accounts shall be signed, on behalf of this Town and in its name, by any two (2) • of the following officers , namely : the Town Manager, Town Treasurer, and Deputy Treasurer.. BE IT FURTHER RESOLVED, that the Treasurer is hereby authorized, on behalf of this Town and in its name, to endorse checks, bills, certificates of deposit or other instruments owned or held by this Town, for deposit in said account or for collection by said O Bank ; however, the endorsement of such instruments maybe made by rubber stamp endorsement containing the .name of this Town without signature, or by the endorsement of any person by such writing as to designate that the instrument is intended to be credited to the Ct said account ; to accept drafts , acceptances and other instruments payable at said Bank ; to waive demand, protest and notice of pro- test or dishonor of any check, note, bill of exchange, draft or other instruments made, drawn or endorsed on behalf of this Town. However, strict compliance as to the words "Town Manager, ""Preas- urer" or "Deputy Treasurer" appearing after the names of said of- ficers on any of said instruments for the payment of money from said checking account shall not be required. BE IT FURTHER RESOLVED, that First & •Merchants National Bank, ' Leesburg , Virginia , is hereby authorized to honor, receive, cer- tify, or pay all instruments signed in accordance with these reso tt lutions, even though drawn or endorsed to the order of any officer signing the same or tendered for cashing, or in payment of the in- dividual obligation of any such officer, or for deposit to his per- sonal account, and said Bank shall not be required, or be under any obligation to inquire as to the circumstances of the issuance, or use of any instrument signed in accordance with these resolutions, or the application, and disposition of such instruments , or the proceeds thereof. BE IT FURTHER RESOLVED, that First & Merchants National Bank, Lees- . burg , Virginia, is hereby relieved of and discharged from any and all liability by reason of the payment of checks , drafts , notes, bills of exchange, acceptances , or other orders that have hereto- fore been charged against the account of this Town with said Bank, regardless of the signatures thereto, and the manner in which such signatures were made, and said Bank is further relieved of and dis- charged from any and all liability by reason of the acceptance of any checks, bills of exchange, or other instruments that have here- tofore been deposited to the account of this Town with said Bank, regardless of the endorsement thereon and the manner in which such endorsements were made. BE IT FURTHER RESOLVED, that the Clerk of the Council shall cer- tify to said Bank, the names and signatures of the presently duly qualified and acting Town Manager, Treasurer and Deputy Treasurer of this Town, and the Clerk of the Council shall, from time to time hereafter as changes in the personnel of said officers are made, certify such changes to the Bank, and the Bank shall be fully protected in relying on such certifications of the Clerk of the Council and shall be indemnified -and saved harmless from any dlaims, demands , expenses , loss or damage resulting from, or growing out of honoring the signature of any officer so certified, or in refusing to honor any signature which` may be replaced through changes made by any such certification. 80. MINUTES OF DECEMBER 22 , 1971 MEETING. BE IT FURTHER RESOLVED, that said Bank is hereby authorized and directed to rely and act upon the foregoing resolutions - from and after the date of their adoption, and that the fore- going resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been -received and acknowledged by said Bank, and that receipt of any such notice shall not affect any action taken by said Bank prior thereto. BE IT FURTHER RESOLVED, that any balance existing in the "1969 Bond Issue Account" be transferred to •the "1971 Bond Issue Account, " and BE IT FURTHER RESOLVED, that the account now styled as "Sewer Debt Fund" be changed to "Utility Fund. " BE IT •ALSO RESOLVED, that the Clerk of the Council is hereby authorized and directed - to certify to First & Merchants National Bank, Leesburg, Virginia, the following resolutions ; that the provisions thereof are in conformity with the Charter and Ordi- nances of this Town, and the laws of the State of Virginia. I , the undersigned, further certify that the Council of the Town of Leesburg , in Virginia, is authorized and empowered to adopt the foregoing resolutions by virtueeof its Charter and Ordinances , and pursuant to the laws of the State of Virginia . I further certify that the names and official signatures of the presently duly qualified and acting Town Manager, Treasurer and Deputy Treasurer of said Town are as follows : • 'Office: Name : Official Signature : Town Manager James W. Ritter, Jr. • Treasurer W. Emory Plaster, Jr. • • Deputy -Treasurer Margaret G. Buchanan IN WITNESS WHEREOF, I have hereunto subscribed my name and af- fixed the seal of the Town of Leesburg, in Virginia, by direc- tion of the Council, this day of , 1971. Clerk of the Council of the Town of Leesburg, in Virginia (SEAL) Town -Attorney George Martin asked whether the Banks with which the Town - has accounts have sufficient security with the Federal Reserve System to back up our accounts in full. The Finance Committee will check on this. On motion of Councilman Wallace, seconded by Councilman Murray, the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, • that the Town Manager be authorized to ask for bids from lo- cal banks on the investing of $500,000 in the 1971 Bond Issue in Certificates of Deposit for a 90-day period, and BE IT FURTHER RESOLVED, that the Town Manager be authorized to invest the $500,000 'with that Bank offering the highest rate of interest . Councilman Wallace said he believed all the Banks would probably give the same rate of interest, and he thinks it wise to divide this invest- ment between the three Banks in Town if such is the case. Mr. Ritter said he had patterned this after what the County has just done, where there was a difference in the amount of interest. In this connection, he read a letter from the County to First and Merchants Bank. Town'Attorney`Martin ' said-he- believed we should look into the Code of Virginia to see just what we are allowed to do with the money from a Bond Issue . 8 . . MINUTES OF DECEMBER 22, 1971 MEETING. A discussion regarding bank stock ensued, with Mr. Gheen of First and Merchants .explaining that bank stock is the book value of the stock at the close of business on December 31st on assets within the Town and the - County . Councilman Wallace suggested replacing the wording "with that Bank" in the second paragraph with the wording "with the bank or banks. " Mr. Gheen said the County and some other institutions accept bids in several ways . He explained how a Bank may bid on an investment . There was some discussion .as to whether the letter asking for bids should be specific . Mr. Ritter said he has been working on how much we will need exactly when from this money. .There is something like $40,000 in bills now on the Hospital Road and Perry .will :start work on the road itself on the 1st of January. He figured that, if we invest $500,000 now, the other $170,000 should last us for the next 90 days . We have various projects in the mill, but we have not set a time schedule for any of these. He feels that, after 90 days , we should know which ones and just when we are doing to build them. We could probably invest some of this money for six months. There was further discussion as to when we have to pay Perry Engi- neering and how much of this Bond Issue should be invested at this time . Q On motion of Councilman Murray, seconded by Councilman Wallace, the reso- 0 lution was amended to read as follows , in part : a. k BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to ask\for bids from local banks C on the investing of $500,000 in the 1971 Bond Issue in Certifi- cates of Deposit - $250,000 for a period of 120 days and $250,000 for a period of 180 days , and Mr. Gheen said the Code of Virginia requires sufficient securities to cover deposits that they have all the time, however, he is not sure they require this statute for Towns . Council suggested that the following be added to the letter to the Banks asking for bids : "When requested, we require that sufficient security be given by the Banks to secure these investments. " The above amendment was then unanimously adopted, and the resolution, as amended, was unanimously adopted, reading as follows : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to ask for bids from local banks on the investing of $500,000 in the 1971 Bond Issue in Certifi- cates of Deposit - $250,000 for a period of 120 days and $250,000 for a period of 180 days, and BE IT FURTHER RESOLVED, that the Town Manager be authorized to invest the $500,000 with the bank or banks offering the highest rate of interest . 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 appropriations be made : $1,438.50 - Interest due January 1 , 1972 on balance of $54,800 Airport Bonds . 369 .98 - Northern Bank Note Co. for printing Bonds ($650,000 Bond Issue) - 1971 Bond Issue . On motion of Councilman Wallace, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to invest, with the approval of the owner or developer, such sums as may be received by the Town under the provisions of Section 4, Paragraph (c) , Sub-paragraph (2) , of the Subdivision Ordinance of the Town Code of the Town of Leesburg in Certificates of Deposit for a time period as the Town Manager may deem appropriate, with the interest to accrue to the benefit of the owner or developer and paid to him, along with the principal sum, at such time as is appropriate, in ac- cordance with the conditions as set forth in the aforementioned Town Code section . This was discussed briefly, but dropped for lack of a second. '82 MINUTES OF DECEMBER 22, 1971 MEETING. Councilman Hill said he believed we could invest a certain amount of the Utility Fund, and perhaps other funds as well. A question arose regarding the Charter change by the last Legis- lature as to just when new Councilmen would take office, however, this was not resolved at this time . Mr. Forbes commented that the two-mile subdivision control .is now a political matter and he is pleased with the results .of the meeting with the County Planning Director and his Assistant. On motion of Councilman Murray, seconded by Councilman Titus, the meeting was adjourned at 9: 15 P.M. �a Mayor Clerk of e Council • • • • • • t • • • • • 1