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HomeMy Public PortalAbout1972_07_26 1.66 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26 , 1972 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia on July 26, 1972 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the prayer by Councilman Hill . Those present were : Mayor Ken- neth 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 July 12 , 1972 were corrected by Councilman Titus on the second page , sixth paragraph at the end, to read as follows : "the date of its acceptance by the Town Manager." The Minutes , as corrected, were then approved. Town Manager James Ritter reported as follows : (1) He would like authorization for Carroll Concrete Construction Co . to go ahead with the proposed curb and gutter and sidewalk work. The street resurfacing cannot start until some of this work is completed. They did some work for us last year, which was very satisfactory . . The prices seem to be in line , although slightly higher than last year, how- ever, the price of concrete has risen. (2) The International truck is the same as the one we purchased last year for the Sewer Plant . It is $200 higher, which is the manu- facturer 's increased cost . This is a discount of $931 .00. (3) The lowering of the 4" water line from the Firemen 's Well to the Ground::Storage Reservoir is an item that was not taken into con- sideration on the Hospital project from the Bastien 's back line to the Town Branch. This line had to be lowered 9 feet and was absolutely nec- essary. (4) The resurfacing work should be advertised pretty quickly . There is $23 ,000 in the Budget for this work, however, it will prob- ably increase $2,000 to $3 ,000 due to the fact that the surface treat- ment work at the Sewer Plant has been added since the Budget figure was established. (5) $9N600 is a good price for the two-way 100-watt radio. This is a stronger7than what we have now and we need it for our third car. Hankey already has it on hand . (6) He would like to discuss the proposed Urban Project on East Market Street from Catoctin Circle eastward to the By-Pass at the Street Committee meeting. Dick Blackwell , Mr. Chaves and Mr. Bozel - went to Richmond last week to discuss with Lonny Bolton the plans Dewberry, Nea- lon:_and Davis are preparing on Route 7 and Catoctin Circle . Mr . Bolton said the Highway Department would pay 85%, leaving 15% for the Town to pay. There was discussion about the possibility of bringing the four-lane road in as far as MacDonald 's . It would be impossible to go as far as Loudoun Street at this time and we do not have to agree to one-way streets to come as far as MacDonald 's . There were several other items discussed in Rich- mond that he would like to discuss with the Committee before any action is taken . Mayor Rollins asked about the plans on Route 15 South. Mr. Ritter said they made a survey a long time ago and we have heard nothing - he will check into this . (7) The Performance Bond submitted by S . 0. Jennings Construction Corp. on the Dry Mill Trunk Sewer has been approved by the Town Attorney and the insurance has been approved by Armfield, Harrison and Thomas . (8) Mr. Pryor of VEPCO met with the Street Committee and pre- sented his recommendations for increasing the lighting levels beyond the downtown section. The majority of these lights are only 2500 lumen and it would be proposed to install 30-11,000 lumen and 6-7 ,000 lumen lights in the outer limits , giving a gradual reduction of lights as you go out of the downtown area . The extra cost would be around $2,000 per year. There was an increase for lighting in the Budget of $700, which would take care of a portion of this . ICRIL MINUTES OF JULY 26 , 1972 MEETING. (9) He was in touch with John Moran the other day regarding his half of building Washington Street and he is about to get started on this work. The Town has agreed to pay for the other half of the street, including curb and gutter . (10) We have no -word from HUD yet on our Federal Grant. They had inquired of Johnson and Williams if the Town had acquired the land and we have assured them that we have not. He understands that we are in a more favorable position to receive a grant if we have not acquired the land . (11) He wrote to Perry Engineering Co. yesterday on the King Street- Church Street Storm Sewer Project . The job was awarded about three months ago and has been held up due to an underground conduit owned by C & P and a pole owned by VEPCO within the right-of-way . He told them to begin construction within seven (7) days and believes this is one method by which to get C & P and VEPCO to move . (12) We have received no signed easements yet on the Fisher-Bishop VP' Storm Sewer . Gulf Oil Company has called from Richmond and said they have signed their Deed and it will be delivered by their representative . ..: We need an easement from Donald Weiller, who owns the Cities Service GL Station. He has retained Sam Engle as Attorney and Doug Pratt as Con- sultant and he is working with them on this easement . Dewberry, Nealon and Davis is working up an estimated cost on shifting the line on Bishop to meet with their request and , as soon as their cost is known, the Bishops will be notified that they will be expected to pay for this cost . (13) He and Mayor Rollins have an appointment in Richmond with the State Water Control Board on Friday morning to discuss the Sewer Plant Expansion. (14) He talked to Southern Line Cleaning today and we are next on their schedule . The U. S. Corps of Engineers appropriated three of their crews 111 for work in Pennsylvania after the hurricane , so this has delayed them. (15) Fliers have been prepared, asking customers about drainage into the sanitary sewer system, and will go out with the next water bills . (16) He has talked with Mrs . Carr about a site on her property near Westinghouse for our standpipe for the Potomac River Project. She said we cannot locate the tank at such an elevation that it would be above the Antenna Range - this is because the radio emission signals would bounce back from the metal tank. He said he looked at it today and he does not believe it will be possible to locate the tank aiyahere in this vicinity , so they will have to look for another site. She wants to be in on the consultation and he assured her sh3would be. He is trying to set up a meeting with her and with Johnson and Williams for the week of August 14th. (17) He has notified Reed, Hoyt , Washburn & McCarthy to go ahead with the necessary resolutions for the Bond Sale , and the State Treas- urer ' s Office to try to set the date of sale for the 1st part of Oc- tober. He also notified Yount, Hyde & Company that we will need the Audit for the brochure . Councilman Hill asked if Mrs . Carr gave any indication of how far away we would have to be from the Antenna Range. Mr. Ritter said we cannot be above them, but he does not know how far distant . She will try to find out if there is a minimum horizontal distance . Councilman Wallace called attention to the grass growing up in the brick sidewalk on Market Street between King and Church. Councilman Titus reported that the Planning Commission is in the process of selecting a consultant for the proposed Comprehensive Master Plan and they hope to have one selected by the first meeting in August. There will be some major policy decisions to come before the Council and, if there are items which Council feels should be considered of major im- portance, he will be glad to convey these items to the Commission. 1:b b MINUTES OF JULY 26 , 1972 MEETING. Councilman Pumphrey asked if anything has been heard from Mr. Bab- son on the sewer easement . Mr. Ritter said he understands the time limit will expire sometime this month by which Mr. Vandevanter can contest the Court ' s decision. Town Attorney Martin said he thinks Mr . Babson is concerned about another easement the Town has across the triangle that he would like to have eliminated. Councilman Pumphrey said he thought we were going to get this whole end dedicated. Mr. Forbes said he dis- cussed it two different ways , however, he doesn ' t think he has any claim to it - it has been used for many years by the public and the Town has been maintaining it . Councilman Pumphrey said he thought Mrs . Reynolds was going to take care of trying to solicit donations towards the Christmas decora- tions . Mrs . Reynolds said she would, however, Mr. Ritter will have to notify her when they have been received and how much the bill is. On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that Carroll Concrete Construction Co . be authorized to pro- ceed with the concrete work , as shown in their proposal of July 14, 1972 . Councilman Titus commented that the Street Committee has discussed seve ral times the need for a list of sidewalk , curb and gutter work needing: to be done and the setting of priorities for same . 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 Loudoun Truck Center 's bid of $3 ,661. 59 of July 14 , 1972 for a 1972 International 1310 Dump Truck be accepted. On motion of Councilman Pumphrey , seconded by Councilman Titus , the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that Perry Engineering Company 's proposal of July 14 , 1972 for lowering the 4" water line from the Firemen 's Well on the Hospital Project in the amount of $1,537 . 00 be accepted. Councilman Hill said this brings up the problem of lines being overlooked when plans are prepared and before bids go out . It is his hope that the Town will require contractors to give the Town "as built" drawings of all underground lines so that it will not be a hit and miss proposition to try to find them. Councilman Titus said it is hoped this problem will be finalized at a meeting to be held on Friday . Mr. Ritter explained that this was to have been just a ditch to drain the water but , after they got into it and saw the Well, they knew something else would have to be done . He said it was the fault of both Dewberry, Nealon and Davis and the Town for not catching it on the plan . Mayor Rollins questioned pav- ing this ditch . Both Mr . Ritter and Mr. Chaves said it would be paved just around the radius at the Well to keep it from washing . The above resolution was then unanimously adopted. On motion of Councilman Pumphrey , seconded by Councilman Murray, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the attached Resurfacing Schedule be advertised for bids . On motion of Councilman Wallace , seconded by Councilman Titus , the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg , that authority be given for the purchase of a new two-way radio for the Police Department from Hankey 's Radio, in ac- cordance with their letter of July 13 , 1972 , at a price of $970 .00. 1'.6,9 MINUTES OF JULY 26 , 1972 MEETING. Councilman Hill said he had talked with 'Councilman Murray about this radio and he thought this was one of the items for which we made application for assistance . Mr. Ritter said this is not one of the items , however, • he knows no reason why we should not qualify. Mr. Hill asked if this is a low frequency radio that will be obsolete when the County goes on a- nother frequency . Mr. Ritter said no-one knows when this will take place. . Councilman Murray could see no harm in putting in an application for re- imbursement - they can do no more than turn us down. He also said he • understands Acting Chief Kidwell is working on four items needed by the Police Department , which should be requested by us , and he thinks this could be put in one request . They will also consider a request for an additional Police officer. The request has to go before the Law En- forcement Committee first , then Councilman Gibson presents all of the requests to the Commission. On motion of Councilman Titus , seconded by Councilman Hill, Council voted unanimously to amend the above reso- lution by adding the following : AND BE IT FURTHER RESOLVED, that the Town Manager. be directed to request reimbursement for this item from the Northern Vir- ginia Planning District Commission. Q The resolution , as amended, was then unanimously adopted. Councilman C Murray suggested that Councilman Hill take a copy of this resolution [s. to the meeting tomorrow night . Mayor Rollins asked Town Manager Ritter to check on the plans for the dual-laning of Route 15 from Catoctin Circle to the By-Pass on King Street south. Councilman Wallace reported that the Laws and Administration Com- mittee met with Mr. Myers regarding a possible "sidewalk sale" and found that both the Town Code and the Zoning Ordinance prohibit this . He said they cannot argue the zoning rules . It is the Committee 's opinion that the Town should have advertised for a change in the Ordinance, if this is what they want to do, and take it throup the proper channels .It is not something the Committee wants to say No" to but , at the same time , they do not want to liable the Town to something that might be dangerous to the Town or the merchants . They feel that this is at least a year or some months ahead of time . They think the Town should go through the routine for a public hearing , etc . , as it should be done, and they feel that the whole Council should act on this. Mr. Myers then addressed Council, stating that he and the other interested parties had nothing new to be offered . He said they understand the legal situation and certainly do not want to put the Town in a position where they might possibly be liable for some accident. He said they are already liable for accidents on the sidewalk. He realizes that they did not give enough notice, but requested the Council to schedule a hearing and go through the proper channels. to make it possible to have a sidewalk sale at a- nother time . He explained that this is not to be a constant sale , but only for several days a year - it is possible that some of the merchants i in Leesburg might want to run a promotion, such as Winchester or Purcell- ville , sometime this fall . Councilman Wallace thought a waiver would be permitted . Councilman Hill questioned how much of the sidewalk would be taken up with display of merchandise and whether people would be walking in the street . Mr. Myers explained that there are a number of ways it can be done , but it would have to be worked out with the Committee and the Council . Town Attorney Martin said he had been requested to look into this matter by the Committee and he did not feel that the Zoning Ordi- nance requirement is the one to be concerned with , that it does not ap- ply to this situation. He is concerned with Section 20-12 of the Town Code , he does not think the Town needs this law in their book since it is a general law. His recommendation would be to repeal this section. There is another section in the State Code, Sec . 15 . 1-14 , which permits the temporary closing of streets , with the firm or firms so involved fur- nishing liability insurance . He does not think the Zoning Ordinance has any business governing something that there is a State Statute on and suggested that it be amended quickly . He would think the merchants could be given permission to hold this sale but they would have to furnish the necessary insurance coverage , etc . Councilman Wallace read a proposed resolution, but this was not seconded or any action taken on it . Mr . Forbes explained the wording of the Zoning Ordinance, however, Mr. Martin 11 TO MINUTES OF JULY 26 , 1972 MEETING . . thinks this is poorly worded. He said a permit would have to be granted each time . Mayor Rollins suggested that the Finance Committee rediscuss this with the parties involved and have the repeal of the applicable sec- tions of the Code andthe required insurance liability on the next Agenda . Councilman Wallace said he would like to have a sketch of what they pro- . pose to do, as well as a sketch from the Chamber of Commerce on the Cart Mart, in order to determine liability. He also said he would like for Mr. Ritter to contact the Chamber and tell them what they are going to have to do to conform to the Town ' s requirements and provide a sketch. Also , he would like for him to set a time for them to appear before the Committee , in order that they might tell them what they will have to do - 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 Performance Bond in the amount of $223,314.00 submitted by S . 0. Jennings Construction Corp. for work on the Dry Mill Trunk Sewer (Section 2) be approved. Mr. Ritter said they started to work Monday and are drilling and shooting prior to excavation. Mayor Rollins asked if everything is checked out as far as serving all the basements in the Dry Mill area . Mr . Ritter says it has been. He also said Mr. Blackwell will be present at the Street Committee meeting to discuss the bill'on this , as well as on other items . On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that VEPCO be given authority to increase the lighting levels on Market Street , extending east and west of the business sed- tion, in accordance with their letter of July 26 , 1971 . On motion of Mayor Rollins , seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT RESOLVED, that the North American Bank & Trust, Leesburg, Virginia , is hereby designated as the depository of the Town of Leesburg , in Virginia , and that a checking account shall be maintained at said bank in the name , "Town of Leesburg, Utility Availability Fund . " BE IT FURTHER RESOLVED, that checks , drafts , bills of exchange, and acceptances or other orders for the payment of money from said account shall be signed, on behalf of this Town and in its name , by any two of the following officers , namely : 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 bank; however, the endorsement of such instruments may be made by rubber stamp endorsement containing the name of this Town without a signature, or by the endorsement of any person by such writing as to designate that the instrument is intended to be credited to the said account ; to accept drafts , acceptances , and other instruments payable at said bank ; to waive demand, pro-- test and notice of protest 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", "Treasurer" , or "Deputy Treasurer" , ap- pearing after the names of said officers on any of said instru- ments for the payment of money from said checking account shall not be required. BE IT FURTHER RESOLVED, that North American Bank & Trust, Lees- burg , Virginia , is hereby authorized to honor , receive, certify, or pay all instruments signed in accordance with these resolu- tions , even though drawn or endorsed to the order of any officer In' MINUTES OF JULY 26 , 1972 MEETING. • signing the same or tendered for cashing , or in payment of the individual obligation of any such officer, or for deposit to his personal 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 instrument , or the proceeds thereof. - BE IT FURTHER RESOLVED, that North American Bank & Trust, Lees- burg , Virginia , is hereby relieved of and discharged from any 111 and all liability by reason of the payment of checks, drafts , notes , bills of exchange , acceptances or other orders that have heretofore been charged against the account of this Town with said Bank, regardless of the signatures thereto, and the manner in which said signatures are made, and said Bank is fur- ther relieved of and discharged from any and all liability by • reason of the acceptance of any checks, bills of exchange, or other instruments that have heretofore been deposited to the account of this Town with said Bank , regardless of the endorse- ment thereon and the manner in which such endorsements were made. a' BE IT FURTHER RESOLVED, that the Clerk of the Council shall cer- G tify to said Bank, the names and signatures of the presently duly CL qualified and acting town manager, treasurer and deputy treasurer r^- of this Town, and the Clerk of the Council shall , from time to G 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 claims , demands , expenses , loss or damage resulting from, or growing out of honoring the signatures of any officer so cer- tified, or in refusing to honor any signature not so certified, or in refusing to honor any signature which may be replaced through changes made by any such certification. 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 foregoing resolu- tions 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 ALSO RESOLVED, that the Clerk of the Council is hereby authorized and directed to certify to North American Bank & Trust, Leesburg , Virginia , the following resolutions : "That the provi- sions thereof are in conformity with the charter and ordinances of this Town , and the laws of the State of Virginia . " I, the Clerk of the Council of the Town of Leesburg, in Virginia , further certify that the Council of the Town of Leesburg is au- thorized and empowered to adopt the foregoing resolutions by vir- tue of 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 the Council of said Town are as follows : Office Name Official Signature Town Manager James W. Ritter, Jr . Treasurer W. Emory Plaster, Jr . Deputy Treasurer Virginia R. Embrey IN WITNESS WHEREOF , I have hereunto subscribed my name and affixed the seal of the Town of Leesburg, in Virginia , by direction of the Council this day of July, 1972 . Clerk of the Council of the Town of Leesburg, in Virginia MINUTES OF JULY 26 , 1972 MEETING . Mayor Rollins appointed the following as members of the Board of Architectural Review, their terms to be effective from June 26 , 1972 to June 25 , 1975 : Phillip Brownrigg Maurice R. Lowenbach, Jr . Dick A. Richards Karen U. Jones Councilman Titus reported that the Board of Architectural Review had quite a discussion over the destruction of the Mozelle Carr property on East Loudoun Street . On motion of Councilman Wallace, seconded by Councilman Murray, the four appointments above to the Board of Architectural Review, said appointments being from June 26 , 1972 to June 25 , 1975 , were unanimously • confirmed by Council . Councilman Titus asked Mr. Ritter if he has heard anything from Mr. Al diZerega about the ditch on his property off of Route 7 . Mr. Ritter reported that he had, but Mr. diZerega refused to grant the Town _„ permission to go on his property to open this ditch. Councilman Titus also said he understands the proposed Flood Plain Study will end at Dry Mill Road and he would like to see them continue it on to the bottom of the mountain. If they cannot do this , perhaps the Town can help in some way , but he thinks it should be done. It was the consensus of Council that the Conservation Service be asked to con- tinue this Study to the bottom of the mountain . Mr. Chaves commented that the pipe took all of the water during the last rain. Mr. Ritter said Mr. King said the flood level was five feet below the floor level of the present town houses under construction on Dry Mill Road. There was some discussion as to whether these houses are within the flood plain, but decided that this was premature since the flood plain has not yet been established . Mr. Charles G. Jones , President of North American Bank and Trust, addressed Council , asking that something be done to get the storm sewe built from King Street to Church Street that goes through the property belonging to Lesluke Corporation (and from whom the Bank leases space and the Times-Mirror property. VEPCO has a pole within the right-of-way and C & P has buried cable . Both have kept putting off moving these utilities and Perry Engineering Co . is waiting for them to move first. He referred to the letter that Mr. Ritter had written to Perry Engineer- ing yesterday, ordering them to start construction next Monday . It is up to the Town to see that this construction goes forward and he feels that this should be pushed. Councilman Murray said he believed the dam- age wrought by the hurricane had taken most of the time by VEPCO and C & P, therefore, he could understand why they have not gotten to this work. - Mayor Rollins asked about paving Honicon Court . Mr. Ritter said he is getting a price from Perry on this . He also asked how many days it has been since VEPCO said they were going to move the poles on Dry Mill Road. Mr. Ritter said they said it would be 10, but it has now been 17 and nothing has been done yet . Councilman Murray again referred to the damage done by the storm. Mrs . George Reynolds asked what action will be taken now that Mr. • diZerega has refused to let the Town open the ditch across his property. She related what had taken place during the hurricane and asked that Council consider some relief for this problem. It was suggested by Councilman Murray, and the general consensus of Council, that a letter be written to Mr . diZerega from the Council concerning the disposition of surface water crossing Route 7 from his property between now and the time a permanent solution would be forthcoming due to his development of this property . Mrs . Reynolds asked that they be notified of his answer. Councilman Titus said he was the one who moved to table this resolution cor'ce -ning an easement across Mr. diZerega 's property and, if no solution is reached, he would move to take it out of tablement . On motion of Councilman Wallace , seconded by Councilman Murray, the meeting was adjourned at 9 :25 P.M. 7 ) / Mayor Clerk of 9e Council T. 0 • m • d ao CO 0 ( 03 pq rl '0 ri a . 0 O E-4 Oa _ . �� 0.1 O ON 4 O\ CO N N 1 . N 0V) fel N 0 H . ta.g) til In a 0 kal umo 8 2 . 0) . . pi $ so g g m 1.11 01 ti • eel 0N 1 0 • bCNJ in' cm H H rtel . . 01 •CNI UN N N 3 N •Cu • 8 8 p 8 @C@ r' .0 l- _0O N N2 N • U �p]D i-7 0) 0) F cn o5 co H E. H PCS—d'WP] U P. 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