HomeMy Public PortalAbout1973_06_27 8
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 27 , 1973 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia , on June
27 , 1973 at 7 :30 P.M. The meeting was called to order by the Mayor,
with the prayer being offered by Councilman Murray. Those present
were : Mayor G. Dewey Hill , Councilmen Walter F. Murray, Robert A. Orr,
John W. Pumphrey , Herbert L. Ridder, C. Terry Titus and John A. Wal-
lace , Jr. ; also Acting Town Manager Robert C . Forbes and Town Attor-
ney George M. Martin:
The Minutes of June 13 were corrected on the third page, first para-
graph, by Councilman Titus to add the word "front" between "Hospital '
and ' entrance . " Also , Councilman Wallace corrected the third sen-
tence on the fourth page regarding the Public Hearing on the Budget
to read as follows : "He said it is a tight Budget and they will use
some accumulated surplus . " The minutes of June 13 were then approved
as corrected. -
Chief James M. Kidwell explained to Council that all- officers of
the Town 's police force must participate in the Intradepartmental .
Police Course once a year. He explained in detail the procedures fol-
lowed in this course and said that all of the Town 's officers have
participated and qualified. At this time , Mayor PHill presented
Certificates to all the officers . Chief Kidwell then presented to
Mayor Hill a Certificate for completion and qualification in connec-
tion with this course .
Mr. Jim Stup, Director of Parks and- Recreation for Loudoun County
presented to Council copies of a proposed lease agreement for land
to be leased on the old Sewer Plant site, adjacent to the Rescue
Squad land, on which his Department proposes to construct tennis
courts . A plat of this area is being prepared at this time and it
is hoped to meet with Council at its first meeting in July concern-
ing this lease agreement . He explained several items in the agree-
ment and said the tennis court construction would be approximately
$8,000. On motion of Councilman Murray , seconded by Councilman Wal-
lace, Council voted unanimously that this be referred to the Laws
and Administration Committee , and that the Town Attorney look this
over from a legal standpoint and that anyone having suggestions for
proposed changes bring them to the next meeting . Mr. Stup said the
obstructions on the property do not seem to be in the way at this
time , although it would be nice to have the digestor out of the way.
He !said they expect to build two courts at this time - the contracts •
have been let for construction and they can begin as soon as the lease
is agreed to and as soon as the ground is ready. They do need some
fill dirt . It is hoped the courts will be ready by the end of July.
•
Acting Town Manager Forbes reported the following :
(1) He was requested at last Council meeting to contact Mr. Con-
nock regarding the possibility of erecting a traffic light at East
Market Street and Fort Evans Road. Mr. Connock said a traffic study
must be made before such a request can be made, therefore, he had
Mr. Bozel prepare the necessary forms for the study and has assigned
Conrad Neuf to conduct the survey. Mr. Bozel is compiling the data
for submission to the Highway Department .
(2) Item 2 on the Agenda under Town Attorney should read "Re-
tainer ' rather than "Salary . "
(3) Item 11 on the Agenda should be replaced by Item 3 on the
Addition to the Agenda , which has been prepared by the Town Attorney.
(4) Mr. DeMik will attend the Utility Committee meeting on July
2nd at 7 : 30 P.M. to discuss the standpipe site.
(5): On June 21st , Mr . Chaves and he met with Mr . Bengtson, Mr .
Blackwell and representatives of the Highway Department to discuss the
relocation of utilities for the proposed Leesburg By-Pass . Mr. Bengt-
son presented preliminary designs , with a total cost estimate of
$156 ,400 . Highway Department representatives were shocked at the high
cost estimate and, after two hours of discussion, certain changes were
suggested and agreed upon that would reduce the cost by about• $10,000.
One representative expressed doubts that the well would be allowed to
remain in the median, however, that decision will have to be made by
those higher up.
89
MINUTES OF JUNE 27 , 1973 MEETING.
Councilman Titus said he understood that the site plan had not
yet been received from Mr. Sills . Perhaps he should be reminded of
this.
Councilman Pumphrey called attention to the fact that there is
no "Stop" sign at the intersection of Plaza Street and Edwards Ferry
Road, nor is there one at Mayfair Drive and Edwards Ferry Road. Chief
Kidwell said he understood that a street had to be dedicated before
a sign could be put up. Mayfair Drive is dedicated, however, Plaza
Street is not . It was suggested that perhaps the owners of Plaza
Street would put up a "Stop" sign. Mr. Forbes was asked to look into
this matter.
Councilman Orr said the new sign erected to point to the school..
is not pointing to the school itself at all , but rather to the road
leading to the Telephone Company . He suggested that this sign be
turned. He also believed the signs are too large.
Councilman Murray called attention to an old truck parked off the
side of the road on S . King Street , which has 1-day laundry service
painted on it. This truck has been there for some time and now there
CD are two more trucks located there . He understood the Town has an
Ordinance on inoperable cars . He said he cannot see any license plates
on these vehicles . Chief Kidwell said these belong to Mr. Bradshaw
and he uses them to advertise his business . Mr. Murray asked if he
has a license for a used car lot there . Mr. Forbes said he proposes
to put up a garage , but has presented no site plan yet. Mr. Murray
said he considers this a graveyard at the entrance to the Town.
Mayor Hill said he believes this will be taken care of in due time -
this is an old trick - there is always a truck parked at the Shopping
Center going into Purcellville advertising something . . Councilman
Pumphrey said he had received a short letter today , stating that Mr.
Bradshaw is coming before the Committee on Monday to ask _ permission
to put a self-contained unit out there until the Highway Department
decides what he can do . Councilman Murray reiterated_ that this is
very distracting to him and he doesn ' t want to see such a graveyard
of trucks there . He said he couldn ' t conceive of anyone putting such
a truck in a ditch to advertise any business . Councilman Titus said
the Ordinance limits it to five (5) inoperable cars , or "economically
incapable of being operated, " as passed by Legislature .
•- Mayor Hill reported that he and Mr. Forbes had attended a meet-
ing this afternoon of the Northern Virginia Planning District Commis-
sion regarding the regionalization of a sewer plant location . To-
day.ssorder of business was the selection of a consultant to handle
the first phase of the study . They had to leave early , so do not
know what consultants they decided on. The Town of Leesburg must fur-
nish (and he would like to have a resolution authorizing him to do
this) a letter of intent, indicating that (1) the Town will furnish
this particular study with a population growth projection until the
year 2,000 on a 5-year increment and (2) should they run short of
funds on this study, the Town would be willing to pay its pro-rata _
share of cost . He added that the Town of Leesburg precipitated this
study and he would like to see the Town do its part in authorizing
this letter. It is estimated that this study would cost perhaps
$60,000 . They currently have $42,000 to $45 ,000, so it would mean
splitting approximately $20,000 four or five ways , and would not
mean this much. He again asked for a commitment for this letter of
intent to make available the information they need at this point,
as well as to provide any other technical assistance needed. On mo-
tion of Councilman Murray , seconded by Councilman Ridder, and after a
great deal of discussion, the following motion was unanimously adopted:
That the Mayor be authorized to sign a letter of intent to the
Northern Virginia Planning District Commission, _ indicating the
Town 's support for the proposed sewage study to the extent of
providing the necessary data and:assistance, and that the Town
of Leesburg be advised at the earliest date of any monies which
will be required to help to financially support this study.
90
MINUTES OF JUNE 27 , 1973 MEETING.
It was pointed out by Councilman Ridder that the projected population
growth depends on the same thing they are going to study . If we are
or are not going to have sewer will be the main factor in this pro-
jection. Councilman Titus said the Town is not in a position at
the present time_ to project the population growth. Mr. Forbes said
we will have these figures in four month 's time . Mr. Titus said he
would assume that this would be based on sewage capacity, no matter
where the plant might be . Mayor Hill said if the Town can ' t provide
this figure , somebody will have to. The Commission can go to the
University of Virginia to get this information on any jurisdiction
that does not provide it. He said it is incumbent upon the Town to
provide this information. Councilman Ridder said he understands that
the Town of Leesburg and three or four other jurisdictions will be the
only ones in on the costs involved. He asked how the other studies
would be financed. Mayor Hill said the Water Control Board puts up
the money. Mr. Forbes said they are talking about the Town of Leesburg
and its immediate surroundings . Councilman Titus said it is based on
the Comprehensive Plan. Councilman Murray asked if this could be an
item: to be included for reimbursement on Federal and State aid, but
this was not answered. Both Mayor Hill and Councilman Titus said
they do not want to hold up this study and, if the plan is not for-
mulated in time, they believe we should proceed on our own . Mr. Titus
saidtbe will take this to the Planning Commission and request Rosser
Payne give us this information, stating the urgent need for same . Mr.
Forbes said he has already given us tentative figures .
On motion of Councilman Murray, seconded by Councilman Wallace, the
following amounts were unanimously appropriated from the 1973-1974
Budget :
$ 6 ,000 .00 - Council
1,500.00 - Mayor
3 ,000.00 - Town Attorney
16 ,000 .00 - Town Manager
14,000 .00 - Director of Public Works
9,500.00 - Treasurer
8 ,000.00 - Deputy Treasurer
6 ,000 .00 - Billing Clerk •
7 ,500 .00 - Secretary to Town Manager
500.00 - Clerk of the Council
6 ,750.00 - Receptionist-Secretary
11 ,000 .00 - Inspector
1,500 .00 - Engineer
1, 900.00 - Janitor
9 ,000.00 - Extra Help
12 .000.00 - Assistant Town Manager
$114 , 150 .00 - Total Personal Services - Administration
On motion of Councilman Orr, seconded by Councilman Pumphrey, the
following amounts were unanimously appropriated from the 1973-1974
Budget :
$ 25 ,000 .00 - Insurance
23,000 .00 - Social Security
3 ,250 :00 - Retirement
3,000 .00 - Audit •
3,000.00 - Advertising & Printing
2,400 .00 - Telephone
3,000.00 - Stationery & Office Supplies
600 .00 - Auto Tags
462 .00 - Municipal League Dues
1,000 .00 - Miscellaneous Travel Expense
200 .00 - Miscellaneous
2,000 .00 - Electricity , Fuel Oil & Gas
3 ,000 .00 - Repairs & Supplies
300 .00 - Christmas Bonus
720.00 - Xerox Machine Rental
500.00 - Addressograph Rental
$ 71 ,432 .00 - Total Other Services & Supplies
91
MINUTES OF JUNE 27 , 1973 MEETING.
On motion of Councilman Wallace, seconded by Councilman Ridder,
the following amounts were unanimously appropriated from the 1973-1974
Budget :
$ 14 ,000 .00 - Director & Assistant Town Manager
300 .00 - Advertising & Printing
300.00 - Other Services & Supplies
25 . 00 - Board of Architectural Review
500 .00 - No . Va . Dist . Planning Comm. - Dues
3 ,000 .00 - Master Plan Study
3 , 600.00 - Planning Commission
$ 21,725 .00 - Total Planning & Zoning
On motion of Councilman Wallace , seconded by Councilman Pumphrey,
the following amount was unanimously appropriated from the 1973-1974
Budget :
$ 5 ,500 .00 - Administration of Justice
= On motion of Councilman Wallace, seconded by Councilman Murray,
the following amounts were unanimously appropriated from the 1973-1974
UD • Budget :
$ 88 ,500 .00 - Personal Services
5 ,000 .00 - Police Car Maintenance
700 .00 - Radio Maintenance
500.00 - Ammunition
2 ,000.00 - Uniforms
1,000.00 - Training Program
800 .00 - Miscellaneous
6 ,250 .00 - Police Clerk
300 .00 - Travel
2 ,500 .00 - Laundry
3 ,552 .00 - No . Va . Crim. Justice Assessment .
$111 , 102 .00 - Total Police Department
On motion of Councilman Murray , seconded by Councilman Orr, the
following amounts were unanimously appropriated from the 1973 -1974
Budget :
$ 5 ,450 .00 - Town 's Operating Payment
450.00 - Fire Marshal
$ 5 ,900 .00 - Total Fire Department
On motion of Councilman Pumphrey, seconded by Councilman Orr, the
following amounts were unanimously appropriated from the 1973-1974
Budget :
$ 76 ,000 . 00 - Personal Services
14,000.00 - Materials
12 ,000.00 - Equipment Maintenance
3, 500 .00 - Snow Removal
1,000 .00 - Sidewalk Maintenance
10,500 .00 - Street Lighting
1,000.00 - Parking Meter Maintenance
500 .00 - Traffic Light Maintenance
1,200 .00 - Painting Streets
$119,700 .00 - Total Streets , Sidewalks & Sanitation
On motion of Councilman Murray, seconded by Councilman Orr, the
following amount was unanimously appropriated from the 1973-197
Budget :
$ 375 .00 - Electric Typewriter -. Capital Outlay
On motion of Councilman Murray, seconded by Councilman Wallace
the following amount was unanimously appropriated from the 1973-1974
Budget :
$ 54,600.00 - Refuse Disposal
92
MINUTES OF JUNE 27 , 1973 MEETING .
On motion of Councilman Wallace , seconded by Councilman Ridder,
the following amounts were unanimously appropriated from the 1973 -1974
Budget :
$ 25 ,000 .00 - $475 ,000 Bond-Principal
13 ,125 .00 - $475 ,000 Bond-Interest
25 ,000 .00 - $600,000 Bond-Principal
33 ,000 .00 - $600 ,000 Bond-Interest -
25 ,000 .00 - $650 ,000 Bond-Principal
29,325 .00 - $650 ,000 Bond-Interest •
$150 ,450.00 - Total Debt Service •
On motion of Councilman Wallace, seconded by Councilman Ridder,
the following amount was unanimously appropriated from the 1973-1974
Budget :
$ 1 ,000 .00 - Contingency Fund
On motion of Councilman Pumphrey , seconded by Councilman Wallace,
the following amounts were unanimously appropriated from the 1973-1974
Budget :
$ 68 ,750 .00 - Personal Services
25 ,000.00 - Materials
1, 200 .00 - Vehicle Maintenance
2 ,500 .00 - Electricity
150 .00 - Purification Supplies
100 .00 - Fuel -
100 .00 - Telephone -
1 ,500 .00 - Equipment Repairs
1,600 .00 - Payment to Paxton Home
600 .00 - Rental on diZerega Spring
42,000 .00 - Transfer to General Fund
2 ,000 .00 - Engineering
225 .00 - Radio Maintenance -
$145,725 .00 - Total Water and Sewer Department
On motion of Councilman Ridder, seconded by Councilman Wallace,
the following amounts were unanimously appropriated from the 1973-1974
Budget :
$ 43 ,100 .00 - Personnel
22 ,000 .00 - Chemicals
5 ,000 .00 - Electricity
300.00 - Telephone
2,000.00 - Gas
6 ,000.00 - Maintenance
500.00 - Vehicles
$ 78, 900 .00 - Total Sewer Plant Maintenance
On motion of Councilman Wallace , seconded by Councilman Ridder,
the following amounts were unanimously appropriated from the 1973-1974
Budget :
$ 15 ,000 .00 - $300,000 Bond-Principal
5,062 .50 - $300 ,000 Bond-Interest
8,000 .00 - $160 ,000 Bond-Principal •
1,620.00 - $160 ,000 Bond-Interest
45 ,000 .00 - $900 ,000 Bond-Principal
22 ,050 .00 - $900,000 Bond-Interest
73 ,500 .00 - $1,500,000 Bond-Interest
$170, 232 .50 - Total Debt Service
On motion of Councilman Orr, seconded by Councilman Pumphrey, the
following amount was unanimously appropriated from the 1973-1974
Budget:
$ 1,000 .00 - Contingency Fund
9a .
MINUTES OF JUNE 27 , 1973 MEETING .
On motion of Councilman Murray, seconded by Councilman Orr, the
following appointments were made , to be effective July 1, 1973 :
Town Manager : James W. Ritter, Jr.
Term of Office : Indefinite
Salary - $16 ,000 per year
Clerk of Council : Dorothy B. Rosen
Term of Office : Indefinite
Salary $500 per year
Clerk of Police Court : Patricia S. Branan
Term of Office : Indefinite
Salary : $6 ,250 per year
Town Attorney : George M. Martin
Term of Office : Indefinite
Retainer : $3 ,000 per year
Issuing Justices : Clagett H. Moxley
Fred A. Meyer
Term of Office : Indefinite
CIO Compensation : The said Issuing Justices shall retain the fees
-D for performing the services of an Issuing Justice in the same
amount as is permitted under Town resolution , but shall ren-
O der an accounting thereof to the Auditor-Treasurer semi-
- .annually .
Fire Marshal : David M. McDonald
Term of Office : Concurrent with that of the Council.
Salary :- $450 per year
Zoning Administrator : Robert C. Forbes
Term of Office : 1 year
On motion of Councilman Ridder, seconded by Councilman Murray,
the following resolution was offered:
WHEREAS, the Town Council has been advised that it cannot di-
rect the Planning Commission to declare a moratorium on the
processing of preliminary subdivision plats ; and
WHEREAS , the Town Council wishes to insure that any person
or firm submitting a preliminary plat is fully advised that
the processing of said plat is in no way a guarantee or com-
mitment by the Town that Town water and sewer services will
be available to the proposed subdivision now, or in the fore-
seeable future, because of the lack of sewer capacity and po-
tential. water shortage , and that submission will insure any
priority over other potential subdividers ;
NOW, THEREFORE, BE IT RESOLVED, that the Town Attorney is di-
rected to prepare a form to be signed by the owner of the land
sought to be subdivided, which will clearly evidence the recog-
nition by the owner that the processing of such plat and ac-
tions of the Town 's agents with respect thereto does not in
any way constitute a guarantee or commitment by the Town that
said water and sewer services are available now, or in the
foreseeable future , or that the acceptance of the preliminary
plat will guarantee any priority over other subdividers or
developers in access to the public water and sewer system
whenever the Council determines that sufficient capacity ex-
ists in the lines and/or Plant , and
BE IT FURTHER RESOLVED, that no agent of the Town is author-
ized to accept such plat unless and until the said owner has
signed the aforementioned form.
Councilman Titus explained that it was the intent of the Street Com-
mittee to establish a method by which developers would know the status
of their potential development insofar as hooking onto water and sewer
is concerned. He also believed that it was the intent of the Com-
mittee to include site plans in this resolution. He, therefore, did
not think the above-suggested resolution served its purpose. Council
then unanimously defeated the above resolution and, on motion of
94.
MINUTES OF JUNE 27 , 1973 MEETING. •
Councilman Titus , seconded by Councilman Pumphrey, the following reso-
lution was unanimously adopted:
WHEREAS, the Town Council has been advised that it cannot
direct the Planning Commission to declare a moratorium on
the processing of preliminary subdivision plats , and cannot
direct the Town Manager to declare a moratorium on the
processing of site plans , both of which will require use
of the Town 's water and sewer systems , and
WHEREAS, the Town Council wishes to insure that any person
or firm submitting a site plan or preliminary subdivision
plat is fully advised that the processing: of said plans or
plats is in no way a guarantee or commitment by the Town of
Leesburg that it will provide water and sewer services to said
proposed subdivisions or sites to be developed now, or in the
foreseeable future , because of the lack of sewer capacity and
potential water shortage,
NOW, THEREFORE, BE IT RESOLVED, that the Town Attorney is di-
rected to prepare a form to be• signed by the owner of the par-
cel or parcels of land to be developed or' subdivided, which •
will clearly evidence the recognition by the owner that the
processing of such plat or plans and actions of the Town ' s
agents with respect thereto does not , in any way, constitute
a guarantee or commitment by the Town that said water and sewer
services are available now, or in the foreseeable future, and
BE IT FURTHER RESOLVED, that no agent is authorized to accept such
plans or plats unless and until the said owner has signed the
aforementioned form.
On motion of Councilman Titus , seconded by Councilman Murray , the
following resolution was offered for discussion :
WHEREAS, the Town Council of the Town of Leesburg wishes to
establish a system by which any proposed development plan or
subdivision plat submitted to the Town for review may be put
in order for future connection to the Town ' s water and sewer
systems when the capacity becomes available in its Sewage
Treatment Plant and collector lines , and when water becomes
available in sufficient quantity to serve the proposed de-
velopments , and
WHEREAS, the Town Council has determined that the date of sub-
mission of preliminary subdivision plats and site plans be the
criteria for the establishment of such a system,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that the Town Manager is hereby directed to estab-
lish a list, to include the name of development, kind of de-
velopment, number of units, owner, date and time of submission
and any other information he may deem pertinent to such a list,
in accordance with date of submission, and
BE IT FURTHER RESOLVED, that the Town Manager is authorized
to put no proposed development on the said list unless and
until the owner of such development has signed the form pre-
pared by the Town Attorney regarding acknowledgment by the
owner that the Town is in no way committing or guaranteeing
water or sewer service to the development .
•
There was a great deal of discussion concerning various phases of
this resolution, with Mr. Lester Shor, in the audience, recommending
that Council include "Upon submission of final site plan. " Mr. Forbes
said there is no such thing as a final site plan. Councilman Titus said
the Planning Commission needs some direction on this problem. After
further discussion, on motion of Councilman Murray, seconded by Coun-
cilman Wallace , Council voted unanimously that this item be tabled and
go back to the Street Committee .
MLR
95
MINUTES OF JUNE 27 , 1973 MEETING. .
On motion of Councilman Murray, seconded by Councilman Wallace ,
the following resolution was proposed :
RESOLVED, that the following appropriations be and the same
• are hereby made :
$ 119 .57 - NALCO Chemical Co. - Inv . #030110 -. Utility Fund-
Sewer Plant-Chemicals .
2 ,225 .00 - Perry Engineering Co. , Inc . - Inv . #5-73-496-C -
1971 Bond Issue .
41 , 204 .08 - Perry Engineering Co. , Inc . - Inv. #3-73-370C -
1971 Bond Issue .
8 ,584 .00 - HDR, Inc . - Inv. #W.769 - Airport Fund.
351 . 32 - Kappe Associates , Inc . - Inv. #73-4486M1 -
Utility Fund-Sewer Plant-Maintenance .
56 . 76 - Kappe Associates , Inc . - Inv. #73-1117M6 -
Utility Fund-Sewer Plant-Maintenance.
2 . 16 - Exspeedite Blueprint Service - 1971 Bond Issue.
0
28 . 71 - VWR Scientific - Inv . #2739153001 - Utility Fund-
Sewer Plant-Maintenance.
44.65 - VWR Scientific - Inv. #2739153000 - Utility Fund-
Sewer Plant-Maintenance .
Councilman Wallace moved to delete the appropriation to HDR, Inc. and
Councilman Murray changed his motion to adopt the above resolution, with
the exception of the appropriation to HDR, Inc . The resolution was then
unanimously adopted with this exception.
•
On motion of Councilman Wallace , seconded by Councilman Ridder,
• the following resolution was unanimously adopted, after explanation by
Councilman Wallace that the supplemental appropriations were for the
purpose of zeroing out the specific accounts for which they are needed :
RESOLVED, that the following additional appropriation be made :
$ 57 .50 - Utility Fund-Water & Sewer Dept . - Vehicle
Maintenance .
On motion of Councilman Wallace , seconded by Councilman Murray,
the following resolution was unanimously adopted:
RESOLVED, that the following appropriation be and the same is hereby
$27 ,400 .00 - Airport Fund - Principal due on Bank note . made:
Councilman Wallace pointed out that this is the final installment on
this note .
On motion of Councilman Ridder, seconded by Councilman Murray, the
following resolution was placed on the floor for discussion :
RESOLVED, that the Town -Manager be and he is hereby authorized
to have installed "No Left Turn 4 to 6 P.M. " signs at the cor-
ner of Market Street and King Street, and the corner of King
Street and Loudoun Street .
Councilman Ridder said both Committees have discussed this matter. He
feels it would be helpful in moving traffic during rush hour. There is
usually an officer at the corner of King and Market doing his best, but
there are periods of time when traffic would move better without an of-
ficer if"No Left Turns" were allowed. Without the assistance of the of-
ficer, left turns are almost impossible , however, this causes traffic
to back up, sometimes as far back as the FAA Center. This proposal
does present a few problems and he cited one particular one where a
car may wish to turn left to go south on Rt . 15 . It would be neces-
sary for him to go one block further to Wirt Street to turn left, or
else turn at Catoctin Circle . However, he believed these problems are
small compared to the ones at King and Market Streets . Many gallons
of gas are burned while waiting .
►•X
96
MINUTES OF JUNE 27 , 1973 MEETING. .
Councilman Murray said using the By-Pass would eliminate many prob-
lems created by the placing of these "No Left Turn" signs . Also, the
last time this situation arose, there was no officer on the corner to
assist in case of an emergency. He realized this could create a prob-
lem for those people heading east and needitk to turn left onto Route 15 .
It would probably be confusing for the first week or two, but he thought
it essential.
Councilman Pumphrey disagreed with the resolution and the opinions
of Councilmen Ridder and Murray . He said this is the. only safe corner
to make a left turn going either. east or west . Heading east, drivers
would have the same traffic to buck in order to make a left turn, no
matter which street they took . Also, he thought the officer on the
corner was protection for pedestrians and cited the excellent job be-
ing done by one of the officers when he happened to be watching the
situation recently. The drivers. heading west would have the worst place
to make a left turn, referring to Wirt Street, where there have been
more accidents than. any other corner in Town. He said these people would
either be backed up in his station , or else have to go around two blocks
and this certainly used more gas .
Councilman Orr agreed with Mr. Pumphrey whole-heartedly, stating
that this would be particularly confusing for strangers going through
Leesburg .
Councilman Wallace said. there should be a sign at. the intersec-
tion of Market Street and Edwards Ferry Road stating "Do not Block
Intersection . " He said this traffic situation is a very serious
problem - Council has said they would do nothing about one-way streets
until the By-Pass is completed. In the meantime , traffic can be
backed up as far back as the FAA Center. There has to be a way to
relieve this problem and he did not believe we gave it a fair test
the last time - also, there was no officer on this corner at that
time . Perhaps it would work this time.
Councilman Pumphrey asked Mr . Bozel his opinion. Mr. Bozel said
the streets are narrow no matter where they might turn. There was
further discussion, with Chief Kidwell expressing his opinion also.
On motion of Councilman Murray , seconded by Councilman Orr, Council
••
• voted 6 to 1 to call for the question, with Councilman Titus voting
against it - he believed there should be further discussion. A roll
call vote of 4 to 3 adopted the proposed resolution, . with Councilmen
Orr, Pumphrey and Titus voting against it .
On motion of Councilman Murray , seconded by Councilman Orr, the
following resolution was unanimously adopted :
RESOLVED, that the action of the Finance Committee in author-
izing the firm of Johnson and Williams to proceed with the col-
•
lection of data and completion of a questionnaire. from the United
States Environmental Protection Agency , entitled "1973 Survey of
Needs for Municipal Wastewater Treatment Facilities , " at a cost
not to exceed $500 .00 , be and the same is hereby ratified and
confirmed.
On motion of Councilman Murray, seconded by Councilman Orr, the
following resolution was unanimously adopted:
RESOLVED, that: the Town Treasurer be and he is hereby author-
ized and directed to reinvest with the Peoples National Bank,
from the General Fund, Revenue Sharing Account, the sum of
$42 ,677 .00 for a period of 90 days.
On motion of Councilman Titus , seconded by Councilman Ridder, the
following resolution was unanimously adopted:
WHEREAS , the Loudoun County School Board proposes to construct
a Middle School outside the corporate limits of the Town of
Leesburg , and
crt
MINUTES OF JUNE 27 , 1973 MEETING . .
WHEREAS, the proposed school would have in attendance approxi-
mately 75% of its enrollment from the Town of Leesburg , and
WHEREAS, the intent of the Council has been previously expressed
in approving the Policy Statement of allocation for water and
sewer service to serve the proposed Middle School,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that it intends to serve the proposed Middle School
with water and sewer service , subject to the following :
' (1) A Loudoun County Planning Commission permit being issued
for the said School .
(2) Approval of the location and size of the water and sewer
lines and construction plans of the said lines by the
Town of Leesburg .
(3) Compliance with all Ordinances and Policies of the Town.
(4) Adequate easements being obtained by the Loudoun County
School Board and deeded to the Town.
'4-� (5) Construction of the water and sewer lines being per-
. formed by the Loudoun County School Board, and the said
lines being conveyed to the Town of Leesburg upon comple-
tion, and
(6) A Loudoun County Planning Commission permit being issued
to the Town of Leesburg for the extension of the water and
sewer lines to the School site , and
BE IT FURTHER RESOLVED, that. the Clerk of the Council be and
she is hereby directed to forward a copy of this resolution
to the Loudoun County Planning Commission and to the Virginia
State Water Control Board, with statements to the effect that
the sewage capacity for this School was reserved in Category
3 (Public Service Units) of the Statement of Policy adopted
by the Council on March 28, 1973 , heretofore submitted to the
State Water Control Board, for: its review=, and that construe- -
tion.:of' this. School is.planned to be completed-during the sum-
mer of 1975 .
Councilman Titus stated that the School Board will be subject ,�psaya,
�j� y ila-
fees . Mr . Mackey said they intend to conform with the =times
&itR yR/Plan for this property , and that they would be reimbursed
for any future development . He believed it would be well for some-
one from the Town Government to be present at the Planning Commis-
sion meeting .
On motion of Councilman Titus , seconded by Councilman Ridder,
the following resolution was unanimously adopted after some explana-
tion by Town Attorney George Martin:
RESOLVED, that the reverter provision in the Deeds granting
Town land to the Loudoun County Rescue Squad be subordinated
to any bona fide construction loan secured by deed of trust
on the land, provided that the deed of trust contain a pro-
vision that the noteholder advises the Town of any default
prior to selling under the deed of trust , and that the Town
Attorney must approve any instrument of subordination and the
deed of trust .
Councilman Orr left the meeting at this time .
On motion of Councilman Pumphrey, seconded by Councilman Ridder,
the following resolution was proposed:
RESOLVED, that the Acting Town Manager be and he, is hereby
authorized and directed to have installed a 6-inch water
line and appurtenances , running from East Loudoun Street
south to East Royal Street, to replace one that is pres-
ently running under the basement of the residence of William
F . Hall , provided that a suitable easement is provided by
the owner.
98
MINUTES OF JUNE 27 , 1973 MEETING. .
On motion of Councilman Titus , seconded by Councilman Murray, the
resolution was amended unanimously by changing the last phrase to
read as follows :
"provided that suitable easements are provided by the owner
or owners . "
The resolution, as amended, was then unanimously adopted.
On motion of Councilman Titus , seconded by Councilman Pumphrey,
the following resolution was unanimously adopted:
WHEREAS , Robert H. Connock, Jr. , Resident Engineer of the
Virginia Department of Highways , has indicated, by letter
dated June 7 , 1973 , that the Leesburg By-Pass , when con-
structed, will eliminate the septic tank systems servicing
the Charles Stallings property and. the Dr. B. A. Brann prop-
erty, and
•
WHEREAS, Mr . Connock has requested permission to construct
sewer lines from the said properties to connect with the
Town sewer system, and
WHEREAS, Dr. Winifred A. Oyen, Director of the Loudoun County
Health Department has , by letter dated June 6 , 1923, indicated
that, in her opinion, the connection for Dr. B. A. Brann could •
be considered a justifiable connection and will support any de-
cision made by the Council ,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that the Virginia State Highway Department be and
it is hereby granted permission to connect the dwellings of
Charles Stallings and Dr. B. A. Brann to the Town 's sewer sys-
tem, provided that plans for the proposed sewer lines are sub-
mitted to and approved by the Director of Public Works and
that the applicable fees are paid prior to construction.
On motion of Councilman Pumphrey, seconded by Councilman Murray,
the following resolution was unanimously adopted :
RESOLVED, that the proposal by Armfield, Harrison and Thomas
to furnish the Town with a Group Income Disability Insurance
Policy at a monthly premium of $551 . 74, in accordance with a
letter dated June 20, 1973 from H. Powers Thomas , be and the
same is hereby accepted.
Councilman Wallace explained that this will provide disability income
insurance , based on 60 per cent of pay 15 days after an accident and
will pay for a two-year period. Mayor Hill said thisis a fringe
benefit and it is hoped it will entice employees to stay with the
Town for a longer period of time .
On motion of Councilman Pumphrey, seconded by Councilman Ridder,
the following resolution was unanimously adopted:
RESOLVED, that the Council 's Statement of Priority for Public
Water and Sewer be and it is hereby amended as follows :
Under Category 4, change Item "A" to read "Andover Meadow,
Sections ._1 and 2 . "
Under Category 4 , delete Item "I".
On motion of Councilman Pumphrey, seconded by Councilman Titus ,
the following resolution was proposed :
WHEREAS, a resolution designating The Peoples National Bank of
Leesburg as a depository for escrow funds from K & M Construc-
tion Co. , Inc . cas passed by the Council on October 11, 1972,
and
99
MINUTES OF JUNE 27 , 1973 MEETING. '
•
WHEREAS, K & M Construction Co. , Inc . deposited two checks
with the Town of Leesburg in the amount of $50, 555 . 17 and
$13 ,339. 05 as an Escrow Deposit and as a Cash Deposit, in
accordance with the Council 's resolution of October 11, 1972 ,
and
WHEREAS, due to a reduction of lots shown on the final plat
of Huntland Homes Subdivision , Section 1, the Council, on De-
cember 27 , 1972 , accepted checks in the amount of $43 ,534.82
., as Escrow Account and $4 ,319. 96 as a Cash Deposit and re-
leased the two aforementioned checks , and
WHEREAS , K & M Construction Co. , Inc . has , by letter dated
June 5, 1973, requested that funds in the amount of $39,895 .50
be released to K & M Construction Co . , Inc . , and
WHEREAS , subsequent investigation reveals that an escrow ac-
count has not been established with The Peoples National Bank
of Leesburg , and that the Town Treasurer is holding the two
checks in the amount of $43 , 534.82 and $4,319 . 96 , and
CD
WHEREAS, the Council ' s Finance Committee has recommended that
CO
$26 ,597 .00 be released to K & M Construction Co. , Inc . ,
a NOW, THEREFORE, BE IT RESOLVED, that the Town Treasurer be and
he is hereby authorized and directed to accept a certified
check in the amount of $16, 937 .82 from K & M Construction Co. ,
Inc . , and simultaneously therewith return to K &• M Construc-
tion Co. , Inc . its check in the amount of $43 ,534 .82 .
Mr. Forbes explained why the Escrow Account was not set up. Mr.
Moran said these are not K & M checks , but are checks from the mort-
gage lender. He had assumed, after talking with Mr. Hyde , his attor-
ney , that the Escrow Agreement was satisfactory with the Town and
that it had been established. He did not know the checks had never
been cashed. However, the money has been on deposit with the Town,
as agreed. He is asking that a portion of the money on deposit be
released for work that has been completed and approved, and he will
furnish a certified check to cover the balance of the improvements
until such time that he provides a Maintenance Bond .
Mr. Forbes said this is a result of a misunderstanding and fur-
ther said that this frequently happens with respect to the require-
ments for bonding . He said there are are four (4) methods speci-
fied in the Subdivision Ordinance by which a person or a firm can
guarantee to the Town that physical improvements will be- installed.
They are as follows : (1) The developer can furnish a check in the
amount of 100% of the estimated cost of the improvements , which check
lies in the Treasurer 's Office and is not returned until the Town is
assured that all improvements are satisfactory ; (2) An escrow ac-
count in the amount of 150% of the estimated cost of improvements
can be established, with one of two Banks being designated as a de-
pository . This money is then paid out by check, said check being
countersigned by the Town Manager, to pay for work as it progresses
upon approval of the Director of Public Works . This leaves the
Town with 50% of the money left over at the end of the project and
Council can return this when it deems fit ; (3) A standard Performance
Bond by a surety company may be furnished, on which the developer pays
a premium, and is released by Council when it is satisfied with the
I
work performed; (4) All improvements may be installed before the
final plat is approved and no lot may be sold or any house built un-
til all improvements are approved by the Town. He explained that, in
this case , there had been a combination of circumstances . Since the
Escrow Account was not established, it is suggested that a certified
check be substituted until the remainder of the work is completed. '
Mr. Moran understood that this check was in lieu of a Maintenance Bond
and would be released when he furnished said Bond. Mr . Forbes said
the Maintenance Bond is not furnished until all work has been com-
pleted.
100
MINUTES OF JUNE 27 , 1973 MEETING.
Mayor Hill reprimanded Mr. Moran for the haphazard manner in
which traffic and other matters were being handled on his project,
stating he had received more complaints on this than any other proj -
ect under construction. He also said this is to be considered a
warning that, if the next portion of this project is not handled
in a much better manner, Council will take some action. Mr. Moran
replied that they had been working under unfortunate circumstances
on this project - the street is narrow and the water line had to be
run in the street, as well as the sewer line . He said he had been
most unhappy with the sewer contractor on the job and had people
cleaning the streets full time in muddy weather, as well as trying
I
to handle traffic . He apologized for the complaints and said they
would make every effort to satisfy Council 's requests . The reso-
lution above was then unanimously adopted.
On motion of Councilman Wallace , seconded by Councilman Pumphrey,
the following resolution was unanimously adopted:
RESOLVED, that the following appropriations be and the same
are hereby made :
$ 264 .00. - Administration of Justice-Maintenance of Prison-
ers (supplemental) - General Fund. .
15 .66 - Police Department - Ammunition (supplemental) -
General Fund.
1,231 .86 - Water & Sewer Dept . - Materials (supplemental) -
Utility Fund.
37 .00 - Water & Sewer Dept. - Electricity (supplemental) -
Utility Fund.
74.60 - Sewer Plant Operation - Materials and Maintenance
(supplemental) - Utility Fund.
I
719. 25 - Interest on Airport Bond (Airport Fund) .
On motion of Councilman Titus , seconded by Councilman Ridder,
Council voted unanimously to go into executive session to discuss
land acquisition and personnel . .
On motion of Councilman Murray , seconded by Councilman Wallace,
Council reconvened at 10 : 14 P.M. and at 10 : 15 P.M. , on motion of
Councilman Ridder, seconded by Councilman Wallace, the meeting was
. adjourned.
i
x 'moi ssie J 1 i
Ma flr /
Clerk o the Council