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HomeMy Public PortalAbout1973_07_11 10 IL MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 11, 1973 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on July 11, 1973 at 7 :30 P.M. The meeting was called to order by the Mayor with a prayer. Those present were Mayor G:.,Dewey Hill, Councilmen Walter F . Murray , Robert A . Orr, John W. Pumphrey, Herbert L. Ridder and C . Terry Titus ; also Town Manager James W. Ritter, Jr. and Acting Town Manager Robert C . Forbes . Absent from the meeting was Councilman John A. Wallace , Jr . Councilman Titus corrected the Minutes of June 27 , 1973 on the 10th page , the paragraph following the resolution concerning the Middle School. The second sentence should read : "they intend to conform with the 'Master Sewer ' Plan . . . . " The Minutes , as corrected, were then approved. Col . Peter Packard of 108 Prince Street appealed to Council to take some action to correct the sewage back-up and water drainage problems existing on his property . He has been promised that some- thing will be done about this situation some time ago, however, noth- ing has been done . He felt that, as a taxpayer, he certainly de- :: serves to have these problems solved and was prompted to come here :r;. after seeing the article in the paper regarding a potential developer "..0 who planned to sue the Town for services he has not received. Col. -D Packard said he had been a resident here for seven years . Basically, 0 this is a sewage problem, plus storm water backing up into the sewer 0 pipe . The houses built next to him recently all drain onto his lot as well . Also , the hardtop surface of Prince Street all slants to- ward his lot and he believed it needs to be restructured so that water will drain properly. Councilman Murray asked if curb and gutter would help the situation. Colonel Packard said this would be a part of it , however, if the street is regraded, curb and gutter would prob- ably have to be included. Mr. Murray wondered, if the Town took on the project of leveling the street , would the property owners be will- ing to pay their share of curb and gutter, as is the requirement in Town. Col . Packard said he would certainly be willing to pay his share . Mr. Murray believed the Public Works Department should study this area as to procedures and cost estimate. He also recalled the Harding case further up on the opposite side of Prince Street. Coun- cilman Pumphrey asked why this line has not been repaired. Mr. Rit- ter said he noticed the crew had been working recently in Mr . Hard- ing 's yard - they wanted to do this in a dry season. However, he said we are short three men in the Utility Department and there have been more pressing projects . Councilman Titus considered this a pressing project and a health hazard as well . Councilman Murray sug- gested putting this project out for bids if we can ' t take care of it and Councilman Orr concurred with this . Col . Packard said he under- stands there is a device that can be put on the line that will at least prevent flow through the system. This would stop the water from coming through his sewer system in case of a heavy rain. Coun- cilman Murray asked that this be referred to the Utility Committee , with a recommendation to be made at the next meeting as to whether the Town crews can do this work or put it out for bid. Mayor Hill suggested a storm drainage study in this area at the same time . Acting Town Manager Robert Forbes reported the following : (1) Items 1 through 12 on the Agenda and Item 2 on the Addition have been prepared by Mr . Ritter , who is back practically full time now. ' (2) The Builders Advisory Board Report was received on July 6th and has been distributed to all Council members . (3) Revenue Sharing Funds in the amount of $19,457 .00 were re- ceived on July 9th . (4) We have been experienc.i$ Vater problems the last several days, but the problem is under control now. The Phillips-Nickels Well was out of use for about 22 days due to a worn shaft and bearings, but is now in operation and pumping more water than before . The Myers Well is still under repair and it is hoped it will be back in operation soon . 1 ®-2 MINUTES OF JULY 11 , 1973 MEETING. (5) The Comprehensive Health Planning Council will hold a meeting to discuss nursing homes in Leesburg and Dr. Oyen has re- quested the use of the Council Chambers on August 9th at 8 :00 P.M. She said all Council members and anyone else interested is invited to attend and express their opinions . • (6)- He has in hand the bids for the reinvestment of $600,000 of 1972 Bond Issue Funds . • Councilman Titus said he noticed that Town workmen have been digging grass and weeds out of the sidewalks . He said there are some other areas needing this same treatment, particularly in the downtown area . Del- ' r a33�q..E �I r�gQ �e t hl e SFIen$edca meeting today at the Marx Ri cERgEt a RkxAmtnenigzileRgomotigAiGA concerning a request by the Fairfax Water Authority from the State of Maryland to withdraw 32 million gallons of water per day by mid 1977 . A copy of the state- ment he made should be in the hands of Council members by next meet- ing . However, in essence , this statement (prepared in conjunction with Johnson and Williams and the Street Committee) did not object to the withdrawal of this water if it did not change any future with- drawal required for the Town of Leesburg . We presently have permission to withdraw 3 million gallons per day and plans are beginning to ma- terialize for our Plant. After his presentation, he was assured by a representative from the State of Maryland that our request would certainly be honored at any future date when the 3 m.g .d. was not sufficient . He was surprised to note that the Authority and the Board of Supervisors from Fairfax County are not together on this . A representative from the Supervisors requested 60 days to make their rebuttal , however, this may or may not be- granted by the State of Maryland - they usually grant only 4 or 5 days . They didn ' t come right out and say Fairfax was against the Authority , but it would seem that they do not want the authority to dictate future growth in the County . We have seen a little of this here , so we are not the only ones having problems . He said "Thank goodness we are the II.governing body here in Leesburg . " Councilman Titus reported that he attended a meeting last night of the Loudoun County Planning Commission concerning sewage for the Leesburg Middle School . There was a great deal of discussion as to the location of this school . The County Planning Commission did not necessarily agree nor disagree , however, they want to look into it a little further. The Commission and the School Board will meet to discuss a site for the school and requested the members of the Town Council to meet with them. They set next Tuesday, July 17th, at 8:00 P.M. as a tentative date, but no place set as yet. The Com- mission is concerned that the sewer line would have to be built to its ultimate capacity and inflict large costs to the taxpayers that may be encouraging growth . They asked if the Town would be willing to contribute to the construction of this sewer line . He said he did not think so. Mayor Hill said if we participate in it , who are we but the people of Leesburg . It is quite apparent that growth has hit just about every operation in the County and they are out to stop it one way or the other. Mr. Titus said, by the time the School is built, probably 75% of the st d nts cch�i be from the Town, and possibly it will be 100e t tRT9 hta�erei?ta fest , delayed it for 30 to 60 days . He said the Town would be w*b1 willing to work with them on another site if they have another one . Mr. Ritter was welcomed back by Mayor Hill and reported as fol- lows : (1) The 1953 Studebaker which they wish to get rid of is in the Shop half the time , and they want to replace it with a truck like the one Mr . Keyes has . The price is in the Budget and it will be put out for bids . (2) A sewer rodder (an additional one and different from the one we have) is needed very badly . It does not have a motor. Quite often we have to borrow one from Hatcher 's . X03 MINUTES OF JULY 11, 1973 MEETING . - (3) The additional two-way radio would be used in the new truck mentioned in Item 1 . We need two radios in the Utility De- partment for communication. Mr. Keyes could be off on a job and the men might need tools or be moving to another job. He said he did not know of anything that we have done that has been a better investment than our two-way radio . (4) The adding machine is to be used at the Sewer Plant and will prevent Mr. Bedford from having to come to the office to com- • pute needed information. (5) We need more space at the Town Shop to house equipment that is now sitting outside . . He believed $4 ,500 would provide a 4-bay pole shed for four vehicles and doors for three of the present bays. This would be built in a continuous line with existing build- ings and would be done with Town forces when they are not able to do something else - probably in bad weather or when we can get a chance . (6) ' The right-of-way for a street through the Herbert Bryant property, is badly needed and he understands they are getting ready to sell this property . He does not know if they would be amenable T. to discussing this . 'D (7) The "No Parking" signs on South Wirt Street between Loud- oun and Royal Streets was brought up by Chief Kidwell . He said he had no recommendation on this, however, he felt that if there is to be "No Left Turn 4 to 6 P.M. ", this would be necessary . (8) He explained the streets proposed to be resurfaced with Plant Mix and said the advertisement for bids should go out right away on this , as well as those streets to be Surface Treated and the curb, gutter and sidewalk work to be done. (9) He would like to negotiate with Carroll Concrete Co. for construction of curb , gutter and sidewalk on the proposed projects . He said the stone curb on Loudoun Street, between Wirt and Liberty, is out of alignment and elevation and it will be difficult to get a good concrete sidewalk in there . He believed the pole at the cor- ner of Liberty and Loudoun could be moved about 2 feet and he would like to discuss this with the Telephone Company . (10) There is only about 12 feet of surface on Old Waterford Road and we do not have sufficient right-of-way to widen it . Also, the poles have to be moved . The first item is to proceed with surveys from Ayrlee Avenue to Morven Park Road and take cross -sections to see how far the poles have to be moved and how much right-of-way is needed . The Town cannot acquire right-of-way until we come back to Council with estimated costs . We probably could get a cost estimate from Dewberry , Nealon & Davis on the survey. (11) He explained that Surface Treatment is needed on the streets listed on the Agenda because they are cracking and when water gets in these cracks , there could be real trouble . There is hardly any base on Pershing Ave . and Sycolin Road (the sections to be treated) . It is not known yet how much space the new chemical treatment will take at the Sewer Plant , but the road going into the Plant should be done . (12) The Finance Committee discussed the payment of regular hourly rates for those men who work beyond the work week and he feels this should be done . This would not affect supervisory personnel , nor those employees in the office . (13) When the Group Income Disability Policy was accepted for the Town , there was no discussion as to how long a man should be em- ployed before he is eligible for this policy . He believed a mini- mum of six months ' employment should be required. On motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was unanimously adopted: RESOLVED, that authority he given the Town Manager to adver- tise for bids on pick-up truck for Utility Department , to replace a 1953 Studebaker - $2 ,350 in Budget . 1 0 a MINUTES OF JULY 11, 1973 MEETING. On motion of Councilman Ridder, seconded by Councilman Pum- phrey, the following resolution was unanimously adopted : RESOLVED, that authority be given the Town Manager to pur- chase a Sewer Rodder, at an approximate cost of $600 - $600 in Budget . Councilman Murray wondered if this could not be rented to other Towns . Mayor Hill said it has been suggested that an Inventory of equipment owned by each municipality be made available to all . Mr. Murray believed joint cooperation with other Towns could be very crucial . On motion of Councilman Orr, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : RESOLVED, that authority be given the Town Manager to pur- chase additional two-way radio for Utility Department, at an approximate cost of $1 ,000 . - $1,000 in Budget . On motion of Councilman Orr, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : RESOLVED, that authority be given the Town Manager to pur- chase adding machine , at an approximate cost of $135 - $135 in Budget . On motion of Councilman Titus , seconded by Councilman Murray, the following resolution was unanimously adopted: RESOLVED, that authority be given the Town Manager to pro- ceed with the addition of a 4-bay Pole Shed at Town Shop - $4 ,500 in Budget . Mayor Hill said he believed the Town should be proud of the orderly way things are kept at the Shop . On motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was proposed: RESOLVED, that authority be given the Town Manager to contact Herbert Bryant relative to acquisition of a 50street in front of their property (proposed Harrison Street) . Councilman Titus believed the Major Thorofare Plan shows this to be a 70-foot street , however, Councilman Pumphrey believed there was not that much room there . On motion of Councilman Pumphrey , seconded by Councilman Ridder, Council voted unanimously to amend the resolution to read "relative to acquisition of a right-of-way for a street through their property . " The resolution, as amended, was then unani- mously adopted. Councilman Pumphrey asked the width of Harrison Street through Brandon . Mr. Forbes said it is 70 feet going in, but is reduced after it crosses the bridge . On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was offered : RESOLVED, that authority be given to erect "No Parking" signs on both sides of street on S . Wirt Street , between Loudoun Street and Royal Street . Chief Kidwell explained that there are a lot of loiterers hanging around in the area of Peace Park. Last year, there was a lot of drinking and ambling and the owners decided to break it up and have since put up 'No Trespassing" signs . Now these people sit in their cars and throw: their trash on this lot and have made statements to the effect that they expect to continue to do this. There are seve- ral cases coming up in Court on this now. This is a bad hangout and "No Parking" would help the situation on that corner. Also, this is a traffic hazard because two cars cannot pass when there are cars parked there . There are only two people who are residents of the block that park there and they could park on Royal Street . Coun- cilman Pumphrev said it is a real bottleneck, especially as long as "No Left Turns1'are permitted at the two main intersections of Town. 105. MINUTES OF JULY 11, 1973 MEETING.' Councilman Titus called attention to one space that is marked off. Mr. Ritter said this had formerly been used for driving tests and can be obliterated now. Mr. Titus was concerned with providing other parking if we take it off the streets . Mayor Hill agreed that Coun- cil should be looking for other parking facilities . The resolution aforementioned was then unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolutions were offered: . (1) RESOLVED, that authority be given the Town Manager to proceed with advertising for bids on Resurfacing Streets with Plant Mix , in accordance with schedule shown below: PLANT MIX EST. COST (a) Lee Ave . $ 9,663 .00 (b) North, Harrison St . , Slack Lane , adjacent to Exeter Square Town Houses 2,301.00 • (c) Edwards Ferry Road & Washington Street '1! and street construction (around Clark property) 817 .00 (d) Wagann Drive and street construction 4, 954 .00 Estimated Cost $17 ,735 .00 (2) RESOLVED, that authority be given the Town Manager to negotiate with Carroll Concrete Co. to construct and repair sidewalks and curb and gutter, in accordance with schedule shown below: CURB, GUTTER & SIDEWALK EST. COST (a) Wagann Drive • $ 3 , 955.00 (b) King Street, Loudoun to Royal 2 ,486 .00 (c) King Street , Cornwall to North '2,500 .00 (d) Loudoun Street , Wirt to Liberty 1,553.00 (e) Edwards Ferry Road & Washington Street, (around Clark ' s property) 1, 919.00 • (f) Miscellaneous Patching 392 .50 Estimated Cost $12 ,805.50 There followed a great deal of discussion concerning Lee Avenue and Davis Ave . , with several members feeling that Lee Avenue is in better shape than Davis . Mr. Bozel said Davis Ave . had originally been set up in the Schedule, however, it will be dug up to install a sewer line for Huntland Homes , so they could not see paving it and having to dig it right back up. Also, Dry Mill Road is in the same position . Councilman Orr believed it wise to hold off on Lee Ave . until they_, can do the whole thing . Mr. Bozel did not think Lee Ave . would be in that bad a shape if it went another year, however, he did not believe Davis Ave . would be completed this year and it needs a new base . He was concerned that the price might be higher if we have only short streets to be done . On motion of Councilman Orr, seconded by Councilman Mur- ray, the first resolution was amended to omit Item (a) under Plant Mix . Councilman Pumphrey asked why West South Street has not been done . Mr. Bozel explained that it is under water every time it rains - a storm sewer needs to be put in. Mr. Pumphrey asked that Mr. Bozel work up a cost estimate on West South Street. After some discussion concerning Davis Ave . , Mr. Bozel said we put plant mix on it about four years ago, but we did not build it at that time . Councilman Titus asked that he work up a study on doing away with the curve at Lee and Davis Ave . when he works on the West South Street project. There was also some discussion.• concerning Wagann Drive, but no ac- tion taken. The resolutiom,as amended, wen then unanimously adopted. Cons,AAgiana4.tus said he would like to see curb and gutter and plant miSc/a l over Town. 106 • MINUTES OF JULY 11 , 1973 MEETING. On motion of Councilman Pumphrey , seconded by Councilman Murray , the following resolution was. offered: RESOLVED, that the Town Manager be authorized to proceed • with surveys , plans and' acquisition of a 50 ' right-of-way for Old Waterford Road, from intersection of Ayrlee Ave. to Morven Park Road, at an estimated cost of $10,000 . Councilman Ridder asked what is meant by "plans , surveys , etc . " Mr. Ritter explained that we have to get a cost estimate on the proj - ect and then come back to Council with it. He also said there are two main parcels of land involved where we would have to secure rights-of-way - the Conrad property and the Norris property. Coun- cilman Titus was in favor of securing a proposal for the whole proj - ect, rather than limiting this portion to $10,000 . He, therefore, moved to amend the resolution to strike at the end "at an estimated cost of $10,000. " and to have the resolution read "that the Town Manager be authorized to secure a proposal for surveys and plans for a 50 right-of-way . " At this point, Mr. Forbes called attention to the fact that Old Waterford Road is proposed to be a 70 ' right-of'-way on the Major Thorofare Plan. He realized this would be a problem be- cause the Town Limits run down the north side of Old Waterford Road across from Sattley Subdivision . They would, therefore, have to ob- tain a right-of-way out of the corporate limits and build a part of the road outside the corporate limits . The cemetery is on the east side too and that limits any further widening of the road in that area . Mr. Titus asked how much of a 70 ' right-of-way can be unused. Mr. Chaves said the roadway is usually 44 feet wide , with 13 feet on each side for curb , gutter and sidewalk. Mr. Titus suggested that his amendment include a "70 ' right''=of-way. ' The amendment was sec- onded by Councilman :;Ridder and unanimously adopted. The resolution, as amended, was then unanimously adopted, and reads as follows : RESOLVED, that the Town Manager be authorized to secure a pro- posal for surveys and plans for a 70 ' right-of-way for Old Waterford Road, from intersection of Ayrlee Ave . to Morven Park Road. On motion of Councilman Titus , seconded by Councilman Murray, the following resolution was unanimously adopted : RESOLVED, that the Town Manager be authorized to secure bids on Resurfacing Streets with Surface Treatment, in accordance with schedule shown below, at an estimated cost of $2 ,038 .00: (a) Pershing Ave . , Rt . 7 ':to Dead End $ 512 .00 (b) Sycolin Road, Rt . 7 to Old W & OD R/W 556 .00 (c) Water Pollution Control Facility 970 .00 • $2,038.00 On motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was unanimously adopted: ' RESOLVED, that the Town Manager be authorized to pay outside • personnel overtime at regular hourly rate for work performed beyond the regular work week, beginning July 1, 1973 , super- visory personnel not included, and BE IT FURTHER RESOLVED, that an amount of $1 ,500 be appropriated to cover overtime work for personnel in the Street Department , $1,800 to be appropriated for Utility Department personnel and $1,800 to be appropriated for Sewer Plant employees, and BE IT FURTHER RESOLVED, that this resolution does not cover supervisory personnel in the above departments , nor those em- ployees working in the Town Office, and BE IT FURTHER RESOLVED, that field supervisory personnel be credited with compensatory time for work performed beyond the regular work week . 107 MINUTES OF JULY 11, 1973 MEETING. . On motion of Councilman Ridder, seconded by Councilman Murray, the following resolution was unanimously adopted : RESOLVED, that the following appropriation be made: ; $3 ,000.00 - Johnson & Williams - Utility Fund-Capital Outlay- Engineering . 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 North American Bank and Trust, from the General Fund, Revenue Sharing Account, the sum of $40,278 for a period of 90 days . On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was unanimously adopted : RESOLVED, that the Town Attorney be and he is hereby author- ized and directed to file an injunctive proceeding to compel Cr: the removal of junk vehicles on Lots 44-R and 45-R, as shown CC on final plat of Resubdivision of a portion of L. W. Parker Tract . On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was unanimously adopted : RESOLVED, that inspection fees in connection with an addition to Catoctin Elementary School be waived. This request was made by Mr. Mackey on behalf of the School Board. They also requested that they be permitted to use clay pipe rather than cast iron , however, the Town would not go along with this. On motion of Councilman Pumphrey, seconded by Councilman Titus, the following resolution was unanimously adopted : RESOLVED, that VEPCO be authorized to proceed with upgrading the street lighting system on Loudoun Street, in accordance with a plan presented to the Utility Committee . ThisxssxesstimsgegxtexsnstxappflximsleRyx1 a504x{aslxisxxiaiescpnxssxxxusxxix Councilman Titus asked that they go ahead with plans for upgrading the next phase of this program, estimated to cost $450, plus power: On motion of Councilman Murray, seconded by Councilman Ridder, the following resolution was unanimously adopted: RESOLVED, that the Town Manager be and he is hereby author- ized to engage James F . Tyler for the purpose of appraising the proposed water tower site on the property of .Mr. William J . DeMik, at a fee not to exceed $ 150 . On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was unanimously adopted : RESOLVED, that the Mayor be and he is hereby authorized and directed to negotiate with Mr. William J . DeMik a price for land necessary to locate a water tower thereon, and BE IT FURTHER RESOLVED, that any price agreed upon be subject to final confirmation and approval by this Council . Mayor Hill asked Mr. Forbes to ascertain an appropriate time to meet and discuss this . `10 8 MINUTES OF JULY 11, 1973 MEETING . . On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was proposed: WHEREAS, the Mayor has received a letter dated June 27 , 1973 • from Tramonte, Kohlhaas and Garnier, attorneys representing L. H. Shor and Associates , Inc . , and WHEREAS, the Mayor has distributed copies of the letter to each member of Council, NOW, THEREFORE, BE IT RESOLVED, that the Leesburg Town Council hereby acknowledges receipt of the letter and that : (1) The Council is of the opinion that the availability charges are fair and reasonable ; (2) Mr. Shor had advised the Mayor that 'he would furnish data from other jurisdictions which indicate rates charged for condominiums and apartments for availability, and such data has not been forwarded to date ; and (3) The Council is willing to discuss this matter further with Mr. Shor and his counsel, particularly if the above data is furnished ; and BE IT FURTHER RESOLVED, that a copy of this resolution be for- warded by the Clerk of the Council to Mr. Lester Shor and his counsel. Mayor Hill asked that .the above-mentioned letter be made a part of these Minutes, stating that it makes some pretty strong claims against the Town. Town Attorney Martin thought we should acknowledge this and attempt to discuss the matter with Mr. Shor and his counsel. He would like the feeling of Council on this . On motion of Councilman Murray, seconded by Councilman Pumphrey, Council voted unanimously to amend Paragraph (1) to read as follows : (1) The Council is of the opinion that the availability charges are fair, reasonable , and are not discrimi- natory ; . On motion of Councilman Ridder, seconded by Councilman Murray, the above Paragraph (3) was unanimously amended to read as follows : (3) The Town Council and its counsel is willing to discuss this matter further with Mr. Shor and his counsel, par- ticularly if the above data is furnished; and Councilman Murray called attention to the fact that the Judge ruled that Fairfax County was within its legal authority to impose a mora- torium, irrespective of the fact that the Water Control Board did not order it . The resolution, as amended above, was then unanimously adopted. On motion , duly seconded, the following resolution was proposed: RESOLVED, that the Group Income Disability Insurance Policy accepted by the Town Council at its meeting on June 27 , 1973 apply to those employees who have been with the Town a mini- mum of six (6) months . • ' On motion of Councilman Murray , seconded by Councilman Pumphrey, Coun- cil unanimously voted to change "a minimum of six (6) months" to "for • the period determined by the provisions of the policy . " It was felt that the policy itself would spell this out , whereas just a proposal had been discussed heretofore . The resolution, as ,amended, was unani- mously adopted. Bids were opened at this time by Mr. Forbes on the investment of 1972 Bond Issue Funds and were as follows : 109 MINUTES OF JULY 11, 1973 MEETING. First Virginia Bank - $100,000 for 90 days - 7 .75% 250,000 for 180 days- 7 . 50% 250,000 for 180 days - 7 . 25% Peoples National Bank - $100,000 for 90 days - 7 . 75`/0 500,000 for 180 days- 7 . 75% First & Merchants Bank - $100,000 for 9O. days - 8 .75% 500 ,000 for 180 days- 8 .60% On motion of Councilman Murray, seconded by Councilman Ridder, 11 the following resolutions were unanimously adopted : (1) RESOLVED, that the Town Treasurer be and he is hereby authorized and directed to invest the sum of $ 100,000 of 1972 Bond Issue Funds in First & Merchants National Bank at 8 .75 per cent for a period of 90 days . (2) RESOLVED, that the Town Treasurer be and he is hereby authorized and directed to invest the sum of $500,000 of 1972 Bond Issue Funds in First & Merchants National CC C, Bank for a period of 180 days . CC On motion of Councilman Pumphrey, seconded by Councilman Ridder, r', the meeting was adjourned at 9 :50 P.M. I Mayor VII — 4/ ce-e-el Clerk o the Council (I ' LAW OFFICES (,• TRAMONTE. KOHLHAAS & GARNIER • 210 EAST BROAD STREET FALLS CHURCH,VIRGINIA 22046 VINCENT TRA]IONTE TELEPHONE ROBERT F. KOHLHAAS 532-3600 JEAN-PIERRE GARNI£R June 27, 1973 Mr. C. Dewey Hill, Mayor Town of Leesburg Leesburg, Virginia 22075 Dear Mr. Hill: Please be advised that our offices represent the interests of L. H. Shor and Associates, Inc. with reference to the vested interest of that company in securing sewer tap connections and building permits for the 393 condominium development known as "Scandia". As you may know, my client settled on the sales contract for the land encompassing that development in December of 1972 after receiving certification from the Town of Leesburg that water and sewer capacity was adequate to serve the develop— ment. Were it not for this certification, a copy of which is enclosed herein, my client would have exercised options available to it in the event that sewer were not available at the time of the settlement. Because of steps subsequently taken by the town, the certification has become meaningless and has resulted only in my client suffering substantial damages of various nature. Probably the most severe damage has been the arbitrary and capriciously reached resolution of March 28, 1973 raising the existing charges for sewer and water. We wish therefore, to place the town of Leesburg on notice that it is our position that as to our client, the resolution is void from its inception as being violative of the due process provisions of both the constitutions of the State of Virginia and of the United States of America. It is further our position that as to our client, the Town of Leesburg is estopped legally from raising these fees because of its certification of October 12, 1972. Accordingly, please be advised that we are actively engaged in the preparation of a lawsuit on behalf of our client to be presented to the Federal District Court in Alexandria asking that this resolution be set aside as being violative of my clients rights because of its arbitrary, capricious, and Viscriminatory/character, and particularly because it is without foundation in tact or in law since it fails to meet all basic requirements of notice and necessity for. a hearing in order to be valid under due process requirements. We are hereby further placing you on notice that along with the filing of this suit, the town will be compelled legally to reveal and make public the contents of all secret discussions leading to the passage of the resolution and of all documents, surveys and other memoranda in existence upon which the town has relied to justify the increase. It may further • , LAW OFFICES TRAMONTE. KOHLHAAS & GARNIER 210 EAST BROAD STREET FALLS CHURCH,VIRGINIA 22046 VINCENT TRAMONTE TELEPHONE ROBERT F. KOHLHAAS 532-3500 JEAN-PIERRE GAR.NIER Mr. C. Dewey Hill, Mayor June 27, 1973 Page Two also be expected that as part of our pre-trial preparation, we will proceed to take the depositions of not only yourself but those of Messrs. Ritter, Plaster, Forbes, Titus, Murray, Orr, Pumphrey & Wallace. Finally, it is our position that the moratorium imposed by the town is also illegal insofar as it was unauthorized by legal authority, and in any event, is unjustified by the' needs of the community. In that respect, we are ready to present evidence to the effect that current needs would readily be met but for the .failure of the town to furnish the needed leadership for the purpose of meeting the public need. We will be pleased to discuss any of the above at the convenience of the town and wish to assure you of our cooperation to the end of ful- filling not only the legal rights of our client but the civic needs of the residents of Leesburg. We are particularly concerned with the fact that not only the present but the future public needs of the residents of the town, as public consumers, are vitally and adversely affected by your decision since it is obvious that any additional cost resulting therefrom will necessarily have to be passed on to the consumer by future developers of land in your community. We trust therefore, that you will take all necessary action promptly to remedy not only the actual but potential damage already caused by you, particularly a view of its very likely violation of the nation's stated policy and objective of curbing inflation in our country. Very truly yours, TRAMONTE, KOHLHAAS & GARNIER ,/ cL ;c.. �! -/Lra.'. Jean-Pierre Garnier ���✓✓✓ Benny L. Kass JPG:jp Enclosure Certified Mail, RRR Town Manager �. yor James W.Ritter,Jr. TOWN OF UEESBURV • Ma Kenneth B.Rollins q IN VIRGINIA Councilmen I,eG.Dewey Hill,Jr. W..Emory Plaster,Jr. C.Terry Titus Walter F.Murray Deity TreasurerOr.Robert A.Orr Marares G.Bvcnanan INCORPORATED 1798 John W.PumPhrey g _ John A.Wallace,Jr. Town Attorney George M.Marlin LEESBURG, VIRGINIA 22075 Clerk of Council Dorothy B.Rosen ' Director Planning&Zoning Roberl C.Forbes October 12 , 1972 • • • • To Whom it =:lay Concern : - This letter is to certify at the present time the Town of Leesburg has the capacity to serve ';iter and 3ewer to a':proximately 420 units in a proposed • • develo �:r.•ent on the South side of 7.dwards Ferry Road • and the East side of :.eesburg• Vi11a:;e. • • • 's' L_� s'J • .` Ritter , , r. Town tanager • • • • • • g.: • • •