HomeMy Public PortalAbout1973_09_12 135
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 12 , 1973 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street , Leesburg, Virginia , on Sep-
tember 12 , 1973 at 7 :30 P.M. The meeting was called to order by the
Mayor, with Councilman Orr offering the prayer. 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. Wallace, Jr. ;
also Town Manager James W. Ritter, Jr. and Town Attorney George M.
Martin.
Councilman Titus corrected the Minutes of the August 22 meeting
on the fourth page, next to last paragraph, to read as follows : "There '
was some discussion concerning the effects of a proposed sewage treat-
ment plant to be built in Maryland 'upstream from our water intake . '"
The Minutes , as corrected, were then approved.
Town Manager Ritter reported as follows :
(1) He explained in detail items on the Agenda for consideration
tonight .
Cr) (2) One of our Police officers , Ron Sullins , will attend Nar-
Q) cotics School for 10 weeks , beginning October 9th in Washington.
"D There will be about 40 officers , with 10 being from foreign countries .
They will be housed in a hotel and will go with the Washington Nar-
o cotics Squad on actual cases at night . This is a real education and
will be a great help to the Leesburg Police Department .
(3) Ken Bedford will attend a Sewage Treatment Operator 's School
at V.M.I . next week. He will take a test for his Class 1 license .
" He now holds a Class 2 license and has his Waterworks Operator' s
License as well.
(4) He has received a preliminary copy of the Flood Plain Study.
The 'profiles show elevations of estimated flood flows for 500 year,
100 year, 50 year and 10 year frequency flood events .
(5) The engineering firm selected by the Northern Virginia
Planning District Commission to conduct the regional facility study
has been to our Plant and taken pictures .
(6) He has received a summons to appear before the attorneys
for Lester Shor on October 2nd at 3 :00 P.M. to take depositions . He
has prepared four (4) sets of documents that may be needed for testi-
mony . Mr. Martin has one set and he will deliver a set to each of
our attorneys in Fairfax .
(7) They are having trouble getting a price from Perry Engi-
neering on relaying certain sewer lines that Southern Line Cleaning
found broken, out of alignment or off-grade . Also, Perry is to fur-
nish a price on installing lines on Monroe Street and Davis Avenue.
Mr. Rogers is having problems with the spetic tanks at his two houses
on Davis Avenue . One of them can be connected now.
(8) Memorial Drive (leading to the Hospital) is complete ex-
cept for the wearing surface . The County has been billed for its
share of cost - $23,600 .
(9) He has been in touch with Clay Gilley with regard to the
sanitary sewer easement needed across Dry Mill Subdivision, Section
III-A. Mr. John Freeman of United Builders at Gaithersburg is the
contract owner and he talked with him today. He would like to go
over this with his engineer to see what effect the By-Pass will have
on his subdivision and will be back in touch with us next week.
(10) We have come a long way on correcting infiltration but have
a lot more work to do . He looked at the chart today at the Sewer
Plant. The low point is at 2 :00 A.M. - 200,000 gal . ; it reaches a
peak at 9:00 A.M. of 900,000 gallons ; 500,000 gallons at 3 :00 P.M.
and back up to 800,000 gallons at 9:00 P.M. We have checked out
some suspected illegal downspouts and have a list of 89. Dan Hyatt
is checking these out. The graph for August shows an average flow
of 600,000 gallons per day . • We had rainfall four times during the
month, with a maximum of 1 inch on August 18th. We had . 9 inches on
September 3rd, with a maximum flow of . 72 m.g .d.
136
MINUTES OF SEPTEMBER 12 , 1973 MEETING.
(11) All curb and gutter has been completed on Catoctin Circle,
with the exception of one radius , which will be poured tomorrow.
Hopefully, the base on this street should follow shortly .
•
(12) Carroll Concrete will start work on curb and gutter and
sidewalk construction next week. We have written two firms concern-
ing centerlining of the streets .
Mayor Hill asked Mr. Ritter if he has heard anything on the pump
for the Myers Well. Mr. Ritter said he would check on this .
Councilman Ridder reported that he had received a complaint from
a citizen concerning speed limits between Fort Evans Road and FAA,
which is a 35 m.p.h. zone . He asked that the Police work radar more
frequently in this area .
Councilman Wallace said he has received a letter from Mr. Seek-
ford, one of the members of the Insurance Advisory Committee appointed
by resolution at last meeting . They have issued a binder on $225,000
worth of property in Town , consisting of the Sewage Treatment Plant,
the Town shops and the present and old Museum buildings on Loudoun
Street. These binders will expire on September 30th and there will
have to be something from Council to make this permanent. The Com-
mittee has completed its study and will make a report at next Tues-
day 's meeting .
Also, an appropriation was made at the first meeting in July for
over-time pay for various employees - this does not show on the fi-
nancial report. He asked that this be called to the Treasurer 's at-
tention and thought it should be kept separate from regular payroll.
Councilman Wallace asked if the road to the Hospital is open yet.
Mr. Ritter said it is open, but the wearing surface has to be put on.
In connection with this , Councilman Orr asked about Stop signs . Mr.
Chaves said we have none at this time . Mr. Ritter said there is a
tree in the way , interfering with sight distance - they will discuss
this at Street Committee meeting next week .
Councilman Titus asked if wenow have title to the London prop-
erty. Town Attorney Martin said we have . Mr. Titus said he would
like to see some action started to pick up trash in the rear of the
buildings on King Street, as discussed at the time the purchase of
this property was considered.
Mr. Titus also asked what type of license Gene Keyes' has at this
time insofar as work at the Sewage Treatment Plant is concerned. Mr.
Ritter said he still has a Class 3 license. Mr. Titus wondered if he
was considering trying to obtain a Class 2 license.. Mr. Ritter said
he has not discussed this with him, but he thought it would be a good
idea if he could find the time in casesomething would happen to Mr .
Bedford. He said it would take a good deal of time andstudy and
Mr. Keyes is one of the busiest employees of the Town.
Councilman Pumphrey asked if Jim Tyler or Preston Jenkins had
been in touch with the Office in connection with building entrances
into their property , Mr. Tyler 's beingon South:'Chordl Street ion
Aiiexirhexf'ns$x9ff±EE and Mr . Jenkins ' on Liberty Street. Apparently
neither had been in to see Mr. Bozel . Councilman Titus said Mr. Tyler
would probably come under the Site Plan Ordinance once it has been
adopted if he does not take care of this ahead of time . Mr. Jenkins
would not fall in this category. Mr. Titus also asked why people are
still driving out of the entrance beside North American Bank. Mr.
Ritter said he has talked with Mr. Jones about this and he knows this
is his job. Mr. Titus said he understood the original sign was stolen,
then the Town loaned him one that said "One-Way Traffic . " Mr. Ritter
believed a sign saying "No Exit" would be more appropriate.
Mayor Hill read to Council a letter from Mr. C . A. English Cole
concerning property which he owns at the corner of'Market and Loudoun
Streets on the east end of Town: He expected to lease this property
to someone who proposed to run a vegetable market, however, he was in-
formed that he would be an "i.ti.nerant"ttandasiC' and the license would
be $225 per day. He would like the Ordinance (which he said he had
helped write) amended to distinguish between a "merchant" and an
"itinerant."xaadaaxx It was pointed out that a vegetable market at
I39
MINUTES OF SEPTEMBER 12 , 1973 MEETING.
this particular location could create a traffic hazard. Mr. Ritter
was instructed to write Mr. Cole and tell him this matter would be
considered at the Laws and Administration Committee meeting on Sep-
tember 18th at 4:00 P.M. -
Mayor Hill also read a letter from Mr. Phil Bolen, stating that
the Board of Supervisors had recently created a legislative committee,
the purpose of which is to give citizens an opportunity to express
their opinion on legislative changes to come before the General As-
sembly . There will be a Public Hearing at 7 :00 P.M. on September
13th . He asked Town Attorney Martin if the Town has any changes that
. should be made in the Charter or anything that should be taken up
with this committee . Mr. Martin said it might be educational to
have someone attend this meeting .
Mayor Hill said that Council met fast night with the County
Board of Supervisors and Planning Commission, along with the Town
Planning Commission, concerning phased growth in the County. Mr.
Harris , Chairman of the Council of Mayors , has written, stating
that he would like each Town to be in a position to say "Yes" or
C "No" to this proposal at the next meeting of the Council of Mayors
Q% on September 27th . He asked that Council members think about this
CO and that it be brought before both Committeesofthe Town Government
C:
and put on the Agenda for the next meeting.
0
On motion of Councilman Pumphrey , seconded by Councilman Wallace,
the following resolution was offered for discussion :
WHEREAS , Fred Lininger owns three (3) vacant lots on Wilson
Avenue , known as Lots 16 , 17 and 18, Block "A, " with a total
width of 75 feet, and which property is on the First Priority
List for Sewer Availability, and
WHEREAS, Mr.. Lininger also owns 9.6129 acres of land at the
I
intersection of Rt .. 7 and Morven Park Road (portion of the
former Colonel Riley property) ; and
WHEREAS, Mr. Lininger wishes to erect a .`dwelling on land
bordering on Morven Park Road, -thereby using the sewer con-
nection previously assigned to the Wilson Avenue tract,
NOW, 'THEREFORE, BE IT RESOLVED, that Mr. Lininger be given
the right to build on Morven Park Road, in lieu of Wilson
Avenue, thereby transferring the sewer availability from
Wilson Avenue to Morven Park Road, upon the payment of the
current connection fees and availability charges .
Councilman Murray said he could see no problem with this - he under-
stood Mr. Lininger would be giving up 3 lots for one . Mr. Engle, At-
torney for Mr. Lininger, said this 8 acres adjoins the three lots on
Wilson Avenue and there is a sewer line running through the 8 acres .
On motion of Councilman Titus , ••seconded by Councilman Ridder, the
following amendment was offered, the last two paragraphs reading as
follows : .
WHEREAS, Mr. Lininger wishes to erect a dwelling on the 9.6129
acres bordering Morven Park Road and Route. 7 , thereby using
. the sewer connection previously assigned- to the Wilson. Avenue
tract, •• .
I
NOW, THEREFORE, BE IT RESOLVED, that Mr. Lininger be given the
right to build on Morven Park Road, in lieu of Wilson Avenue ,
thereby transferring the sewer capacity and availability dur-
ing the sewer moratorium now in effect from Wilson Avenue to
Morven Park Road, upon the payment of the current connection
fees and availability charges .
There was a considerable amount of discussion regarding various facets
of this resolution and the above amendment was unanimously adopted.
However, Town Attorney Martin stated that he believed Council was
doing violence to the Priority List by doing this - priority has not
been assigned to any person, but to lots . He believed the Priority
List would come into play on the Shor case and that this resolution
138
MINUTES OF SEPTEMBER 12 , 1973. MEETING.
should be studied by the Town 's attorneys- on the Shor case, Mr. Koontz
and Mr. Blankingship. On motion of Councilman Murray, seconded by
Councilman Ridder, • uncil voted unanimously to table this 'resblution,
with the understand7that it will be referred to our attorneys 'for'
study.
On motion of Councilman Ridder,- seconded by Councilman Pumphrey,
the following resolution was unanimously adopted:
RESOLVED, -that the Mayor be authorized to sign the following
Deed covering land owned by the Town of Leesburg at Myers
Well :
THIS DEED, made this 28th day. of August, 1973 , by and be-
tween
etween TOWN OF LEESBURG, a municipal corporation in the State
of Virginia , hereinafter called Party of the First Part ; and
the COMMONWEALTH OF VIRGINIA, hereinafter called Party of the
Second Part ; '
WITNESSET H:
That for and in consideration of the sum of Ten Dollars ($10.00)
cash in hand paid and other good and valuable consideration, the
receipt of which is. hereby acknowledged, the said Party of the
First Part does hereby grant, bargain, sell and convey unto the
said Party of the Second Part , in fee simple , with GENERAL WAR-
RANTY and the usual English- Covenants of Title , all of that cer-
tain tract or parcel of land, situate, lying and being in the Town
of Leesburg , Loudoun. County, Virginia , more particularly de-
scribed according to plat and survey made by Loudoun Engineer-
ing and Surveys , dated May 6 , 1970, by metes and bounds as fol-
lows :
"BEGINNING at an iron pipe , corner to G .- P. Hanes ,
Trustee , and in the line of J . C . Wright , said pipe
being further located as lying North 730 16 ' 42 ' West
715 . 33 feet from a Leesburg Corporation Monument, which
is a corner to Valley View Subdivision, as shown on
aforesaid plat ; thenceleaving said Hanes and running
with said Wright North 730 16 42" West 85 .81 feet to
an iron pipe in the line of Wright ; thence leaving
Wright and running through the land of Myers , etal,
of which the hereindescribed is a portion, North 160
43 ' 18" East 54 . 77 feet to an iron pipe, and South
730 16 ' 42" East 74.36 feet to an iron pipe in the
line of Hanes , Trustee ; thence running with Hanes ,
Trustee , South 04° 54 ' 50" West 55 . 96 feet to the
point of beginning , containing 4,386 square feet of
land together with a right-of-way twenty feet in width
for ingress and egress from said tract to Route 699 in
the most direct route over and across other lands of
Myers until streets are dedicated to the Town of Lees-
burg on said grantor 's lands at which time• the right of
way shall be relocated to intersect with a dedicated
street.
And being the same land which was conveyed to the TSwn of
Leesburg , atmeanoicipal corpprtilion &?"dead from E . Frank'Myers ,
et al -dated May 8 , 1970 and-recorded an the Clerk 's: Office of
tt:f Circtait Sawrt flop-bdudout GountycgVirginia in Deed iEedk
-14; at Page 823, to which deed ve&epance ` iS ,heveby made for '
a more particular description of said land.
The Par-ty-of--- fhe First Part does further release unto the said
Party of the Second Part , all of its right , title and interest
in and to the hereinafter described parcels of land, to-wit :
PARCEL I: "Beginning at an iron pipe in the line of
• J. C . Wright , said pipe being further located as ly-
ing North 730 16 ' 42" West 700 . 94 feet from a Leesburg
Corporation Monument which is a corner to the Valley
39
MINUTES OF SEPTEMBER 12 , 1973" MEETING .
View Subdivision, as shown on plat of Loudoun Engineer-
ing & Surveys , dated May 6 , 1970 ; thence running with
Wright North 73° 16 ' 42 ' West 14. 19 feet to an iron pipe
in the line of Wright and corner to E. F. Myers , III ,
et al. ; thence leaving Wright and running with said
Myers North 04° 54 ' 50" East 55 . 96 feet to an iron pipe
in the line of Myers ; thence leaving Myers and running
through the land of Hanes, Trustee , of which the herein-
described is a portibn, South 73° .16 ' 42" East 25 .64
feet to an iron pipe , and South 16° 43 ' 18" West 54. 77
feet to the point of beginning , containing 1,091 square
feet of land.
And being the same land which was dedicated to the Town of Lees-
burg for a well site by instrument dated July 13 , 1970 from
Grayson. P. Hanes , Trustee and recorded in the Clerk 's Office
aforesaid in Deed Book 546 , Page 695 , to which deed reference
is hereby made for a more particular description of said land.
PARCEL II : "Beginning at an iron pipe in the line of
Cr)CD
G. P. Hanes , Trustee , said pipe being further located
as lying North 73° 16' 42" West 700 . 94 feet from a
Leesburg Corporation Monument which is a corner to the
C Valley View Subdivision ; thence leaving said Hanes and
GD running through the land of Wright, of which the herein-
described is a portion, South 16° 43 ' 18" West 45 .23
feet to an iron pipe , North 73° 16 ' 42" West 100 .00 feet
to an iron pipe , and North 16° 43 ' 18" East 45 . 23 feet
to an iron pipe in the line of E. F. Myers , III , as shown
on plat of Loudoun Engineering and Surveys dated May 6 ,
1970 ; thence running with said Myers and then said Hanes
South 73° 16 ' 42" East 100.00 feet to the point of be-
ginning, containing 4,523 square feet of land.
And being.. the; same land which was conveyed to the Town of Lees-
burg by deed from John C . Wright , et ux dated May 11, 1970 for
use as a well site , and recorded in the Clerk 's Office afore-
said in Deed Book 514, Page 602 , to which deed reference is
hereby made for a more particular description of said land.
IN WITNESS WHEREOF, the Town of Leesburg , a municipal corpora-
tion has caused its name to be signed by G. Dewey Hill, its
Mayor, and its seal affixed and attested by Dorothy B. Rosen,
Clerk .
TOWN OF LEESBURG, a municipal
corporation, State of Virginia
By
Mayor
(SEAL)
ATTEST :
Clerk of the Council of the Town
of Leesburg , State of Virginia
`On motion of Councilman Ridder,- seconded by-+Counctlman Murray,
the following resolution was unanimously adopted :
- RESOLVED, that the Mayor be authorized to signvthe following
Deed covering land to be granted to Loudoun County Rescue
Squad:
THIS DEED made this 28th day of August, 1973 by and between
the TOWN OF LEESBURG , State of Virginia , a municipal cor-
poration , hereafter called Grantor and the LOUDOUN COUNTY
RESCUE SQUAD, a corporation duly chartered by the State of
Virginia hereafter called Grantee.
I 4a
MINUTES OF SEPTEMBER 12 , 1973 MEETING.
WITNESSET H:
That for and in consideration of the, sum of Ten Dollars ($10.00)
cash in hand paid, Grantor hereby grants and conveys in fee
' simple unto the Grantee that certain tract or parcel of land
situate , lying and being in the Town of Leesburg , Loudoun County,
Virginia containing 27 ,071 square feet of land and more particu-
larly described according to survey and plat attached hereto made
by DeLashmutt Associates , C.L. S. dated May 1973 by metes and
bobnds as follows :
Beginning at a point in the centerline of Clay Road
(abandoned) , said point being the southeast corner .f
the property of the Loudoun County Rescue Squa. nc . ,
as same a. .ears duly recorded among the Lan. ecords
of Loudoun ty, Virginia ; thence runn along the
said centerline c Clay Road (abandone- S 5°00 '00" E
240 . 36 feet to its ' . tersection wi • the original south
boundary line of the . . er pro.- ty of Loudoun Proper-
ties , Inc . , as same appea _ a plat for dedication of
Clay Road, dated June 19, • . and duly recorded among
the aforementioned Lan. 'ecords ; hence running along
a portion of said s. . h boundary li - S 670 37 30" W
82 .69 feet to a nt in the original th line of
Parcel G, N 1" 59 ' 40" W 243 . 19 feet to original
southwest ner of the aforementioned proker of the
Loudoun '.unty Rescue Squad, Inc . N 730 00 00 ' 145 .00
feet - . the point of beginning . Containing 27 ,071 are
f- - or 0.62192 acres of land.
Subject however to a 30 foot sanitary sewer easement run-
ning along the east line of the above described tract and
any other easements ; rights of way or restrictions of
record.
And further subject to the reservation by grantor of the
111
two (2) sanitary sewer easements shown on the said plat
described as "sanitary sewer easm ' t. (Required) . "
This conveyance is made upon the condition that if and when gran-
tee should ever cease to use the land herein conveyed to store
or house equipment used for purposes of aiding or rescuing the
sick, injured or persons in positions of danger of peril or if
the corporate charter of grantee is dissolved then title to the
above described land shall revert to Grantor together with all
improvements thereon.
WITNESS the following signatures and seals :
The Town of Leesburg
State of Virginia
By
Mayor
(SEAL)
ATTEST :
Clerk of the Council for the Town
of Leesburg; State of Virginia
On motion of Councilman Orr, seconded by Councilman Murray,
the following resolution was offered:
RESOLVED, that a check be written in the amount of $5 ,000,
payable to the Leesburg Volunteer Fire Department, from
Revenue Sharing Funds , to be used as part payment for a
new fire truck.
On motion of Councilman Wallace, seconded by Councilman Pumphrey,
the following amendment was unanimously adopted:
AND BE IT FURTHER RESOLVED, that such check not be is-
sued until such time as the $42 ,677 , which is presently
Beginning at a point in the centerline of Clay Road
(abandoned) , said point being the southeast corner of
the property of the Loudoun County Rescue Squad, Inc . ,
as same appears duly recorded among the Land Records
of Loudoun County , Virginia ; thence running along the
said centerline of 'Clay Road (abandoned)_ S 5°00 '00" E
240.36 feet to its intersection with the original south
boundary line of the former property of Loudoun Proper-
ties , Inc . , as same appears on a plat for dedication of
Clay Road, dated June 19, 1956 and duly recorded among
the aforementioned Land Records ; thence running along a
portion of said south boundary line S 670 37 ' 30" W -
82 .69 feet to a point in the original south line of
Parcel G, as same appears on the aforementioned Plat
of Dedication of Clay Road; thence departing from said
original south line and running through Parcel G, N 190
59 40" W - 243 . 19 '*feet to the original southwest cor-
ner of the aforementioned property of the Loudoun County
Rescue Squad, Inc . ; thence running along the south line
of the said property of the Loudoun County Rescue Squad,
Inc. N 730 00 ' 00" E - 145 .00 feet to the point of be-
ginning . Containing 27 ,071 square feet or 0 .62192 acres
of land.
141
MINUTES OF - SEPTEMBER 12 , 1973' MEETING. _
invested in Peoples National Bank, is redeemed and deposited,
with earned interest, in the Revenue Sharing checking account
to be subsequently opened. .
After some explanation by Councilman Wallace concerning the advertise-
ment for the spending of Revenue Sharing funds , the resolution, as
amended, was unanimously adopted.
•
On motion of Councilman Titus, seconded by Councilman Orr, the
following resolution was unanimously adopted :
RESOLVED, that the following appropriation be made :
$702 .00 - Dewberry, Nealon & Davis for Road Design Revisions
on Urban Project , Rt . 7 and Catoctin Circle .
1971 Bond Issue .
On motion of Councilman Orr, seconded by Councilman Wallace, the
following resolution was unanimously adopted :
RESOLVED, that Fidelity Sound Co. , Inc . be authorized to in-
CC
stall equipment to record and amplify proceedings at the
CC Council meetings and later enable transcription of same,
--D in accordance with their letter of August 29, 1973 , and
telephone conversation of September 7 , adding on and off
switches at each microphone, all at a total cost not to
exceed $ 1,500.00.
Bids were opened at this time by the Town Manager for the invest-
ment of $214,837 for a period of 180 days , shown below as follows :
First & Merchants National Bank - 1070
Peoples .National Bank - 9' 70
First Virginia Bank-First National - 8.277
On motion of Councilman Wallace, seconded by Councilman Orr, the
following resolution was unanimously adopted:
RESOLVED, that First & Merchants National Bank be awarded
the investment of $214 ,837 for a period of 180 days at an
interest rate of 10 per cent per annum, pursuant to their
letter of September 12 , 1973 , consisting of $148,300 Water
and Sewer Availability Funds now in checking account , and
$66 ,537 now invested in Certificates of Deposit with North _
American Bank & Trust, due September 16 , 1973 .
On motion of Councilman Orr, seconded by Councilman Ridder, the
following resolution was unanimously adopted :
RESOLVED, that Sidney Mensh Bond on Leesburg Estates, Sec . 1,
be released.
On motion of Councilman Wallace , seconded by Councilman Orr, the
following resolution designating depository for Revenue Sharing account
was unanimously adopted:
RESOLUTION OF THE TOWN OF LEESBURG, IN VIRGINIA,
' DESIGNATING DEPOSITORY FOR MAINTAINING AN ACCOUNT IN THE NAME OF
"TOWN OF LEESBURG, FEDERAL REVENUE SHARING FUNDS"
RESOLVED, that First & Merchants National Bank, Leesburg, Vir-
ginia , is hereby designated as a depository of the Town of Lees-
burg, in Virginia , for the purpose of maintaining a checking
account in said bank in the name of "Town of Leesburg, Virginia,
Federal Revenue Sharing Funds . "
P4
MINUTES OF SEPTEMBER 12, 1973 MEETING.
BE IT FURTHER RESOLVED, that checks , drafts , bills of exchange,
and acceptances or other orders for the payment of money from
said account shall be signed, on behalf of this Town and in its
name, by any two (2) of the following officers , namely :
The gown Manager
The Town Treasurer/ and or Deputy Treasurer
BE IT FURTHER RESOLVED, that the Treasurer or Deputy Treasurer,
are hereby authorized, on behalf of this Town and in its name ,
to endorse checks , bills , certificates of deposit, or other
instruments owned or held by this Town, for deposit in said
account or for collection by said bank.; however, the, endorse-
ment of such instruments may be made by rubber stamp endorse-
ment containing the name of this Town without signature, or
by the endorsement of any person by such writing as to desig-
nate that the instrument is intended to be credited to the
said account ; to accept drafts , acceptances and other instru-
ments payable at said bank ; to waive demand, protest and notice
of protest or dishonor of any check, note, bill of exchange,
draft or other instruments made , drawn or endorsed on behalf
of this Town. However, strict compliance as to the words
"Town Manager, " "Treasurer" or "Deputy Treasurer" appearing
after the names of said officers on any of said instruments
for the payment of money from said checking account shall not
be required. .
BE IT FURTHER RESOLVED, that First & Merchants National Bank,
Leesburg, Virginia, is hereby authorized to honor, receive,
certify, or pay all instruments signed in accordance with this
resolution, even though drawn or endorsed to the order of any
officer signing the same or tendered for cashing , or in pay-
ment of the individual obligation of any such officer, or for
deposit to his personal account, and said bank shall not be
required, or be under any obligation -to inquire as to the cir-
cumstances
of the issuance, or use of any instrument signed in
accordance with this resolution, or the application, and dis-
position of such instrument, or the proceeds thereof.
BE IT FURTHER RESOLVED, that the Clerk of the Council shall cer-
tify to said bank, the names and signatures of the presently
duly qualified and acting Town Manager, Treasurer and Deputy
Treasurer of this Town, and the Clerk of the Council shall,
from time to time hereafter as changes in the personnel of
said officers are made , certify such changes to the bank, and
the bank shall be fully protected in relying on such certifi-
cations of the Clerk of the Council and shall be indemnified
and saved harmless from any claims , demands , expenses , loss or
damage resulting from, or growing out of honoring the signa-
ture of any officer so certified, or in refusing to honor any
signature not so certified, or in refusing to honor any signa-
ture which may be replaced through changes made by any such
certification.
BE IT FURTHER RESOLVED, that said bank is hereby authorized
and directed to rely and act upon the foregoing resolution
from and after the date of its adoption, and that the fore-
going resolution shall remain in full force and effect until
written notice of its amendment or rescission shall have been
received and acknowledged by said bank, and that receipt of
any such notice shall not affect any action taken by the bank
prior thereto.
BE IT ALSO RESOLVED, that the Clerk of the Council is hereby
authorized and directed to certify to First & Merchants Nat-
ional Bank, Leesburg, Virginia , the foregoing resolution ; that
the provisions thereof are in conformity with the Charter and
Ordinances of this Town, and the laws of the State of Virginia.
143
MINUTES OF SEPTEMBER 12 , 1973 MEETING.
It was pointed out that collateral covering local governmental ac-
counts is required by the 1973 Acts of the General Assembly . This
matter is to be discussed further at a future meeting of the Finance
Committee .
Councilman Titus asked for a short recess at this time - 8 :45 P.M.
Council reconvened at 8 :55 P.M. and the following proposed reso-
lution was read for information :
PROPOSED SEWER PRIORITY LIST
1. WHEREAS , the Town Council of the Town of Leesburg desires to
establish a priority system for any proposed development or
subdivision within the corporate limits not covered by pre-
viously adopted Policy or Priority Statements for future con-
nection to the Town 's water and sewer systems when the ca-
pacity becomes available in its Sewage Treatment Plant and
collector lines , and when water becomes available in suffi-
cient quantity and the water distribution system is adequate,
Cr)
and
WHEREAS, the Town Council believes that such system should be
established on a "First Come, First Served" basis , with certain
D stipulations to protect the citizens of Leesburg and all those
wishing to develop , and
WHEREAS, the Town Council believes that, in the best interest
of all parties , the stipulations should be as follows :
1. The date of submission of a preliminary subdivision plat
or site plan will be the criteria for the establishment of
priority, with the provision that street and utility plans
and any other data pertinent to the development or portions
thereof are submitted to the Town for review within four (4)
months after the date of notification by the Council that
the utilities are available and adequate to serve the de-
velopment.
2 . Even when the utilities are adequate, priority will not
guarantee that sewer and water will be furnished to all
units shown on the individual preliminary subdivision plat
or site plan. Before any preliminary subdivision plat or
site plan is submitted to the Planning Commission for its
review, the developer will submit the said plat or site
plan to the Town Council for determination of the alloca-
tion of water and sewer service to the project. The Town
Council 's determination for such services will be based on,
but not limited to :
(a) Total utility capacities available ;
(b) Type of development ;
(c) The total growth pattern of the Town ;
(d) The desirability of the proposed construction in re-
lation to roads and traffic , density of population and
other relevant factors ;
(e) Total impact on the Town and its environs with re
gard to schools and other public services
The Town Council may request information on the above from
agencies of the Town, County of Loudoun or Commonwealth of
Virginia . With the above factors in mind, the Town Coun-
cil 's allocation for water and sewer services to the project
may be for a lesser number of units or for a modified proj -
ect:
A copy of the Council Resolution setting forth allocation
for the project will accompany a :preliminary subdivision
plat or site plan presented to the Planning Commission on
initial submission .
144
MINUTES OF SEPTEMBER 12 , 1973 MEETING.
3 . Water and sewer will be allocated on the basis of 80 per
cent of the total capacities available , as follows :
Public Service Uses - 10%
Commercial Uses - 20%
Industrial Uses - 20%
Residential Uses - 50%
No capacities will be allocated above the 80% limit.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg, that it adopts the above criteria for water and
sewer service allocation, and that the Zoning Administrator is
hereby directed to establish a list, upon cadoption of this
resolution, to include the name of development , name of developer,
type of development , section number, number of units in each sec-
tion, date and time of submission of preliminary plat or plan,
date and time of submission of street and utility plans, pro-
jected water and sewer needs (as supplied by the developer)
and any other information he may deem pertinent to such a list,
and
BE IT FURTHER RESOLVED, that the Zoning Administrator is fur-
ther directed to place any development , or portion thereof,
which does not conform to Stipulation No . 1 above at the bot-
tom of the current list on the date the four-month time period
lapses , and
BE IT FURTHER RESOLVED that if, between the time of adoption
of this resolution and the availability of utility service, the
preliminary subdivision plat and/or site plan becomes invalid,
the developer may retain his place on the abovementioned list
only by requesting the Town Council that the project be so re-
tained one month prior to the expiration of such plat or plan,
and
BE IT FURTHER RESOLVED, that the mere request and/or subsequent
approval of such a request by the Council in no way binds , or
is it intended to bind, the Planning Commission to approve any
request for extension of any preliminary subdivision plat or
site plan, and
BE IT FURTHER RESOLVED that, if at any time the preliminary sub-
division plat or site plan becomes invalid, the project will be
dropped from the list for future water and sewer service, and
BE IT FURTHER RESOLVED, that the proposed subdivision or develop-
ment shall not be placed on the said list unless and until the
owner of the land to be developed has signed the form required
by the Council regarding acknowledgment by the owner that the
Town is in no way committing or guaranteeing water or sewer ser-
vice to the development or subdivision, and
BE IT FURTHER RESOLVED, that Stipulation No. 2 be waived for any
proposed development submitted subsequent to the adoption of the
Policy Statement, but not covered by the Priority List, and that
such development may be immediately placed on the abovementioned
list in the chronological order of submission of the preliminary
subdivision plat or site plan , and that it will be subject to
all other provisions of this resolution .
Mayor Hill explained that it is the desire of the Committee that this
be advertised for public discussion at a future date . On motion of
Councilman Titus, seconded by Councilman Orr, Council voted unani-
mously that this proposed resolution be advertised by reference for
public discussion at the next session of Council. Mr. Ritter com-
mented that it might be well to include the date of the Policy State-
ment (March 28 , 1973) and the date of the Priority List (June 13 ,
1973) . It was the general consensus of Council that these dates
be included.
145
MINUTES OF SEPTEMBER 12 , 1973 MEETING.
On motion of . Councilman Murray, seconded by Councilman Ridder,
the following resolution was offered :
RESOLVED, that the Town Manager be authorized to mail at-
tached letter prepared by Johnson and Williams to be sub-
mitted to the E: P.A. in connection with the proposed loca-
tion of the Dickerson Sewage Treatment Plant in Maryland.
Mr. Williams , of Johnson and Williams , was present and said he be-
lieved their suggested letter is self-explanatory. He said they do
have some concern about the possibility of a Sewage Treatment Plant
being located at Dickerson, particularly not knowing what type or
degree of treatment it will have and what safeguards there will be
to operate a "fail safe" plant . He believed it a good idea for the
Town to express some concern about the location of this Plant and
its possible effects on the water quality available to the Town.
Mayor Hill said the question has arisen as to just what PEPCO is
emptying into the River - apparently they are dumping a lot of
refuse that contains a lot of solvent. Mr. Williams said they have
taken samples and the characteristics of the D.C. water are almost
the same . They are under strict regulations - any industrial waste
CD is very much controlled. They would not anticipate any trouble from
their discharge. On motion of Councilman Wallace, seconded by Coun-
t oilman Titus, the above resolution was amended to read as follows :
C]
"that the Mayor be authorized to send a letter as prepared by
Johnson and Williams "
The resolution, as amended, was then unanimously adopted, reading
as follows :
RESOLVED, that the Mayor be authorized to send a letter as
prepared by Johnson and Williams to the E. P.A. in connection
with the proposed location of the Dickerson Sewage Treatment
Plant in Maryland.
Councilman Titus objected to considering an item on the Addendum
concerning authorization to p p sdiltif st� ta$ j}}',,c��ie ,,,,,,A�ppp ggant
assistance for the expansion of gewage trea ment facili in, 7'tf.
Ritter said he got the impression from the Water Control Board meet-
ing that time is of the essence if we wish to take advantage of this
Grant. Mr. Titus withdrew his objection, however, he did not think
the Town is ready to go ahead with expansion of the Plant at this
time . Mr. Ritter explained that the expansion and the Grant are two
separate items . Councilman Wallace believed that the expansion should
be discussed in Committee, but he was ready to go ahead with funds
for the existing Plant . However, no action was taken at this time.
On motion of Councilman Wallace, seconded by Councilman Ridder,
Council voted unanimously to go into executive session at 9:20 P.M.
in order to discuss matters concerning personnel.
Councilman Orr left the meeting at this time, and Councilman
Murray left the meeting at midnight .
The meeting was reconvened at 12 :35 A.M.
On motion of Councilman Wallace, seconded by Councilman Pumphrey,
the following resolution was unanimously adopted :
RESOLVED, that Johnson and Williams be authorized to proceed
with the application for grant assistance, Parts 1, 2 and 3
(State and Federal funds) for the expansion of sewage treat-
ment facilities to a capacity of 5 .0 m.g .d. , in accordance
with rules and regulations set forth by the State Water Con-
trol Board, and
BE IT FURTHER RESOLVED, that Johnson and Williams perform this
service for a fee not to exceed $4,000 .
J46
MINUTES OF SEPTEMBER- 12 , 1973 MEETING.
On motion of Councilman Wallace, seconded by Councilman Pumphrey ,
the following resolution was unanimously adopted:
RESOLVED, that $16 ,734.00 be appropriated to pay Johnson and
Williams for the preparation of plans and specifications for
one elevated water storage tank of 1.5 m.g .d. capacity on
the DeMik property, in accordance with- their invoice dated
-July 23, 1973 , and
BE IT FURTHER RESOLVED, that this appropriation be paid from
the 1972 Bond Issue .
The meeting adjourned at 12 :43 A.M.
-(7/409.,z/vi
Clerk of a Council
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