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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