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HomeMy Public PortalAbout1974_03_13 245 MINUTES OF--REGULAR-MEETING OF LEESBURG TOWN COUNCIL, MARCH 13 , 1974. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia on March 13 , 1974 at 7 :30 P.M. The meeting was called to order by the Mayor, with the prayer being offered by Councilman Ridder. Those present were : Mayor G. Dewey Hill, Councilmen Walter F. Murray, John W. Pum- phrey, Herbert L. Ridder, C . Terry Titus and John A. Wallace, Jr. ; also Town Manager James W: Ritter, Jr. , Deputy Town Manager E. Wesley Devero and Town Attorney George M. Martin. Absent from the meeting was Coun- cilman. Robert A. Orr. The Minutes of the regular meeting of February 27 , 1974 were ap- proved as written. •Mayor Hill recognized Mr. Jesse Unger, President of the Catoctin Valley Citizens Association, at this time, whq stated that he and those with him merely want to observe the proceedings and to thank the Coun- cil for its expression at the Board of Supervisors meeting on March 5th . They did, however, want to establish the fact that they are not a part of the group that wanted to define the amount of sewage ca- pacity Leesburg should have - they just want to farm their land and be left alone. 07 c� Town Manager Ritter reported as follows : (1) Inspection of the 60 ,000 gallon elevated water tank will cn take place Friday about 3 :00 P.M. A team from Virginia Tank and Steel has to come to Strasburg Friday, therefore , we will get a cheap price (about $75 .00) . They will give us a price on repair- ing the tank , if necessary , or any recommendation they may have . Also, they will give us a recommendation on putting a visual gauge on the outside of the 13 million gallon standpipe at the Hospital. (2) Hopefully , we will have the chemical addition at the Sewer Plant working by April 1st. (3) The five developers to whom we released water and sewer taps have all responded and have indicated their intention to pro- ceed with the use of these taps . (4) We now have a safety harness and expect to go down into the 33-inch outfall line to inspect the line for leaks and to deter- mine how much it will cost to repair grid We found a sizeable leak on the Children 's Center line yesterday /this will be repaired by the Town crew. (5) He explained several items on the Agenda , calling particu- lar attention to the Ordinance setting forth speed limits on certain streets . (6) One more day 's pumping should complete the pumping of sludge from the old digestor. • (7) Concerning the possible purchase of a compact car for ad- ministrative use , investigation shows that the best price is $2,862. 27 for a 1974 Valiant, to be purchased through the Division of State Pur- -:chasing and Supply. The cut-off date on such a purchase is April 1st. (8) He received today -from Stewart Evans , our attorney , certi- fied copies of signed Orders on dismissal of the four suits . These Orders have now been signed by Judge Penn. (9) A pre-preliminary conference on the Route 7 Urban Project will be held on March 22nd at the Highway Office , with tentative ad- vertisement date set for April 10th. A Public Hearing on the Route 15 Urban Project will be held in the Council Chambers on May 9th. We are moving close to these two urban projects . (10) NVPDC has set up a meeting tomorrow morning with Managers from the towns , cities and counties in this District to come up with a fuel allocation plan . He will attend this meeting - it may be help- ful in the meeting with the fuel dealers here . 246 MINUTES OF MARCH 13, 1974 MEETING. Councilman Titus questioned the status of the Fisher-Bishop storm sewer project and the possibility of this project being done at the same time the Route 7 Urban Project is under constructs pp Mr. Ritter explained that we lack only one easement, that beingrthe land recently purchased by The Pizza Hut from Mr. Perkins . He also explained that the two projects would have to be advertised sepa- rately , however, we probably could obtain a cheaper price if the State 's contractor could bid on this and do it while he is here . After further discussion concerning this matter, on motion of Coun- cilman Titus , seconded by Councilman Ridder, Council authorized Mr. Ritter to obtain an appraisal on the easement on the Perkins-Pizza Hut property on Market Street if meaningful negotiations cannot be begun within one week from today. Councilman Titus also asked the status of the storm spring going into the sanitary sewer on the Drug Fair Lot . Mr. Chaves said we have received no reply from Mr . Scully. Mayor Hill suggested taking legal action if they do not correct this situation. There was also discus- sion as to the Town 's role in this, in view of the fact that it was against the County Building Code . Mr. Ritter believed this could be worked out together with the County and Mayor Hill suggested that he obtain more definite information on this for the next Street Committee meeting . Councilman Pumphrey asked who is supposed to repair the Dry Mill Road where the new sewer line has been put in. Mr. Ritter said this is Perry Engineering Company 's maintenance job and he should keep it filled with stone dust until such time as they start making patching materials again. Mayor Hill recognized Mr. Hank Wolpert from the Dulles Marriott Motel at this time , who explained to Council that last month was"Lees- burg - Community of the Month"at the Motel, in connection with a pub- lic relations program being undertaken by the Dulles Marriott and the County business men. He presented to the Mayor a plaque com- memorating the community of the month, expressing the appreciation of the Dulles Marriott staff. Mayor Hill accepted the plaque with most gracious honor, thanking Mr. Wolpert, as well as Mrs . Tote, who was the liason on the project. He also thanked Mr. Forbes and his working staff, who did the work for this project on a very limited budget, as well as Air Photographics , who contributed the photograph. Mr. Forbes said his staff consisted of Dan Hyatt and John Gibbs . It was suggested by Councilman Murray that letters of appreciation be written by the Mayor for this work. Mayor Hill asked that an appro- priate resolution concerning this be on the Agenda for the next meet- ing. The map will be displayed in the Town Office hereafter. Mayor Hill called attention to a letter received from the Highway Department concerning the annual meeting on allocations for urban projects and other major projects in the Culpeper District for the coming year - this meeting to be held in Culpeper on April 4, 1974 at 10 :00 A.M. Mr. Ritter said they would try to attend. Mayor Hill also said that , pursuant to Governor Godwin 's Execu- tive Order No. 2 and a letter dated March 4th, a meeting has been set up for tomorrow night at 8 :00 P.M. in the Council Chambers with ser- vice station owners to determine if anything can be done on a volun- teer basis concerning hours of opening . On motion of Councilman Wallace, seconded by Councilman Ridder, the following resolution was offered: BE IT RESOLVED that the Town Manager is authorized to secure a price on a compact car for administrative use, to be fi- nanced from Revenue Sharing Funds . After explanation of the need for such a car, on motion of Councilman Murray , seconded by Councilman Pumphrey, the following amendment was unanimously adopted: BE IT RESOLVED, that the Town Manager be authorized to pur- chase a compact car for administrative use from Revenue Shar- ing Funds , at a price not to exceed $2 ,862 . 27 , from the Vir- ginia Department of Purchases and Supply . The resolution , as amended was adopted by a vote of 5 to 1, with Coun- cilman Titus casting the dissenting vote . r-� 24 a: MINUTES OF MARCH 13 , 1974 MEETING. Mayor Hill recognized John Gibbs at this time , thanking him for his work on the project at the Dulles Marriott and introducing him to Mr. Wolpert On motion of Councilman Wallace , seconded by Councilman Murray , the following resolution was unanimously adopted after lengthy expla- nation by Councilman Wallace and Mayor Hill and discussion concerning the Grant from the Virginia Historic and Landmark Society : BE IT RESOLVED that the Town of Leesburg will work with the Chamber of Commerce and the Loudoun Restoration and Preserva- tion Society on the restoration of the Log Cabin at 14 West Loudoun Street, provided a plan is presented that is accept- able to both the Chamber of Commerce and the Town of Leesburg. On motion of Councilman Murray, seconded by Councilman Wallace, and after explanation by Councilman Wallace , the following resolu- tion was unanimously adopted: WHEREAS , commencing on July 1 , 1974 , all violations of the :D Town of Leesburg Ordinances will be tried in General Dis- CP) trict Court for Loudoun County ; and cc '-3 WHEREAS, it has been recommended that , in order to insure proper prosecution of the violations , a special attorney G should be appointed to represent the Town in the prosecu- tion thereof ; and WHEREAS, Donald W. Devine has informed the Council he will provide his legal representation for a stated legal fee , either personally or through his employees or associates , at a rate of $150 .00 per month, and at a rate of $50.00 for each appeal case . NOW, THEREFORE, BE IT RESOLVED, that Donald W. Devine be and he is hereby appointed counsel to represent the Town of Lees- burg in all prosecutions of violations of Town Ordinances in the General District Court, commencing July 1, 1974. Mayor Hill recognized Mrs. Newman, a candidate for Council in the coming elections . A suggested resolution from the Northern Virginia Planning Dis- trict Commission , urging localities to designate Metropolitan Wash- ington Council of Governments as the "208" Agency to develop and im- plement a waste treatment management system in the Washington Metro- politan Area was discussed at great length. Leesburg not being a member of the Council of Governments , it was felt that the Town would have very little to say in connection with this program, however, it was also felt that this Agency would be designated as the "208" Agency , and that NVPDC would see that a member of each town, city or county would be allowed a voice in this program. Therefore , on motion of Councilman Murray , seconded by Councilman Pumphrey, the following resolution was adopted by a vote of 5 to 1 , with Councilman Titus casting the dissenting vote : WHEREAS, Section 208 of the Federal Water Pollution Control Act Amendments of 1972 , P.L. 92-500 (hereinafter called the "Act") requires that a coordinated waste treatment management planning and programming system be developed and implemented in urban regions having a substantial water quality control problem as defined by the Administrator of the United States Environmental Protection Agency (hereinafter called EPA) in 40 CPR Part 126 ; and WHEREAS, the Washington Metropolitan Area (hereinafter called the Area) satisfies the criteria contained in the Act and guidelines , and designation of the Area pursuant to Section 208 and those guidelines is desirable ; and 248 MINUTES OF MARCH 13 , 1974 MEETING. - WHEREAS , S'ecti:on_ 126 .10 bf_the_guidelines requires , among other things , that the affected general purpose units of local government within the problem area must show their in- tent, through formally adopted resolutions , to join together in the planning process to develop and implement a plan which will result in a coordinated waste treatment management sys- tem for the area ; and WHEREAS , Section 126 . 11 of the EPA regulations encourages the designation of existing , capable regional agencies which have the responsibility for comprehensive areawide development planning as the responsible agency for waste treatment manage- ment planning in the designated area ; and WHEREAS, the Metropolitan Washington Council of Governments (hereinafter called the Council) is recognized as the official metropolitan comprehensive development planning agency for the Area under the policies of Title IV of the Intergovernmental Cooperation Act of 1968 , as implemented by Part IV of OMB Cir- cular A-95 ; and WHEREAS , the designation of the Council will insure the inte- gration of waste treatment management planning into the over- all comprehensive developmental planning process for the met- ropolitan area ; and WHEREAS , such planning process and waste treatment management system is a necessary and significant measure to control present point and non-point sources of water pollution and will be the predicate for facility grants and approvals of discharge per- mits under the Act for the area to prevent , abate and solve exist- ing and potential substantial water quality problems ; NOW, THEREFORE, IT IS RESOLVED THAT the Town of Leesburg , recog- nizing that the Washington Metropolitan Area has substantial water quality control problems , supports designation of the Area pursuant to Section 208 and the EPA guidelines ; IT IS FURTHER RESOLVED THAT the Town of Leesburg intends to join with the other affected general purpose units of local government within the boundaries of the Area to develop and implement a plan which will result in a -coordinated waste treatment management system for the Area , IT IS FURTHER RESOLVED THAT, inasmuch as the Council is a single representative organization with elected officials from local governments and is capable of developing effective areawide waste treatment management plans for the Area , the Town of Leesburg supports the designation of said organization as the planning agency for the Area . Bids were opened at this time on the investment of funds , as fol- lows : First & Merchants National Bank - 7 .77% Peoples National Bank - 7 . 7l% First Virginia Bank - 7-5/8% (7 .625) On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted : BE IT RESOLVED that First & Merchants National Bank be a- warded the investment of $264,837 from Utility Fund-Water and Sewer Availability Fund, of which $50,000 is due March 15 , 1974 with North American Bank & Trust and $214 ,837 .00 is due March 16 , 1974 with First & Merchants National Bank, to be reinvested, together with interest, at the sum of $285 ,745 for 180 days at an interest rate of 7 .77 per cent . -249. MINUTES OF MARCH 13 , 1974 MEETING. On motiob of Councilman Titus , seconded by Councilman Murray , the following resolution was unanimously adopted : BE IT RESOLVED that Harry Burt, of Daniel A. Robinson & Associates , be authorized to use the "preferred" popula- tion figures , as shown in "Population Projections for Lees - burg , " prepared by Robert C . Forbes . On motion of Councilman Murray., seconded by Councilman Wallace, the following resolution was unanimously adopted : BE IT RESOLVED, that the following appropriations be made : • $ 1,500 .00 ' - Rosser Payne , Jr . & Associates , AIP (supplemental) . 150.00 - Utility Fund - Purification (supplemental) . 41 , 975 .06 - Lon E . Havener - 3 Utility Projects . Utility Fund-Capital Outlays . CD 234 . 24 - Exspeedite Blueprint Service , Inc . (Plans for Cr) Leesburg Water Treatment Plant) - 1972 Bond cp Issue (cash on hand) . Q 1,594 .60 - Moving Expenses - E. Wesley Devero - Administra- o tion. On motion of Councilman Murray, seconded by Councilman Wallace, the following Ordinance - was proposed : BE IT ORDAINED that the following Section be adopted as a part of the Town Code of the Town of Leesburg : SEC. 13-46 . Special speed limits on certain streets . Upon the following streets within the municipality , be- tween the points hereinafter indicated, the maximum speed lim- it is hereby established at the speed hereinafter indicated, and no person shall drive a vehicle between such points in excess of such maximum speed limit : (1) King Street , for southbound vehicles : (a) Thirty-five miles per hour from north corpor- ate limits of the municipality to North Street . (b) Thirty-five miles per hour from North Street to Fourth Street. (c) Thirty-five miles per hour from Fourth Street to south corporate limits of the municipality . (2) King Street, for northbound vehicles: (a) Thirty-five miles per hour from the south cor- porate limits of the municipality to Fourth Street . (b) Twenty-five miles per hour from Fourth Street to North Street. (c) Thirty-five miles per hour from North Street to the north corporate limits of the municipality . (3) Market Street, for westbound vehicles : (a) Thirty-five miles per hour from the east cor- porate limits of the municipality to Fort Evans Road. (b) Twenty-five miles per hour from Fort Evans Road to Wilson Avenue . (c) Thirty-five miles per hour from Wilson Avenue to the west corporate limits of the municipality . 250 MINUTES OF MARCH 13, 1974 MEETING. (4) Market Street , for eastbound vehicles : (a) Thirty-five miles per hour from the west cor- porate limits of the municipality to Wilson Avenue . (b) Twenty-five miles per hour from Wilson Avenue to Fort Evans Road. (c) Thirty-five miles per hour from Fort Evans Road to the east corporate limits of the municipality . (5) Catoctin Circle : (a) Twenty-five miles per hour from Dry Mill Road to East Market Street . (6) Davis Avenue : (a) Twenty-five miles per hour from the intersec- tion of Lee Avenue to Valley View Avenue . (7) Dry Mill Road : (a) Twenty-five miles per hour from Loudoun Street to Lee Avenue . (b) Thirty-five miles per hour from Lee Avenue to the west corporate limits . (8) Edwards Ferry Road: (a) Twenty-five miles per hour from East Market Street to Plaza Street. (b) Thirty-five miles per hour from Plaza Street to the east corporate limits . (9) Fort Evans Road : • (a) Twenty-five miles per hour from the intersec- tion of East Market Street to the east corporate limits of the municipality . (10) Lee Avenue : (a) Twenty-five miles per hour from the intersec- tion of Dry Mill Road to Davis Street. (11) Loudoun Street, for eastbound vehicles : (a) Twenty-five miles per hour from the intersec- tion of West Market Street to the intersection of East Market Street. (12) Loudoun Street , for westbound vehicles : (a) Twenty-five miles per hour from the intersec- tion of East Market Street to the intersection of West Market Street. After discussion of various changes in the above , and with the hope that appropriate signs will be erected to define the specific speed limits when they are on hand, as well as some comments from the Town Attorney , on motion of Councilman Wallace, seconded by Councilman Murray, the following amendments were offered: The entire Ordinance to be preceded by the following : WHEREAS, a traffic study having been duly made , NOW, THEREFORE, Also , Item 1(b) to be changed to "Twenty-five miles per hour ;'.' Items 8 (a) and (b) to be changed from Plaza "Street" to "Drive ; " and Item 1O(a) to be changed from Davis "Street" to "Avenue . " Town Attorney Martin noted that, in his opinion , the Town does not have authority to change the speed limits on Highways 7 and 15 . The Charter, in one section, states that the Town does have jurisdiction over the streets , however, in another section, it states that the Town has no jurisdiction over State Highways . Mr. Ritter said he has 2'55 MINUTES OF MARCH 13 , 1974 MEETING. - a letter from the Highway Department and has double-checked with both the Culpeper office and the Richmond office , both stating . that we do have control over Routes 7 and 15 within the Town limits . How- ever, the Highway Department is not acquainted with our Charter pro- visions. As it stands now, there is nothing in our Code that estab- lishes speed limits for the Town Police to follow. Councilman Murray called for the question, noting that the Town Attorney has called attention to the fact that we should get an interpretation on the above-mentioned situation . This was seconded by Councilman Ridder andampkously carried. The amendments offered above were then unanimousIA and the Ordinance;, , as amended, was unanimously adopted, reading as follows : WHEREAS, a traffic study having been duly made , NOW, THEREFORE, BE IT ORDAINED that the following Section be adopted as a part of the Town Code of the Town of Leesburg: SEC. 13-46 . Special speed limits on certain streets . Upon the following streets within the municipality, be- tween the points hereinafter indicated, the maximum speed lim- it is hereby established at the speed hereinafter indicated, and C] no person shall drive a vehicle between such points in excess of such maximum speed limit: (1) King Street, for southbound vehicles : (a) Thirty-five miles per hour from north corpor- ate limits of the municipality to North Street. (b) Twenty-five miles per hour from North Street to Fourth Street . (c) Thirty-five miles per hour from Fourth Street to south corporate limits of the municipality . (2) King Street, for northbound vehicles : (a) Thirty-five miles per hour from the south cor- porate limits of the municipality to Fourth Street. (b) Twenty-five miles per hour from Fourth Street to North Street . (c) Thirty-five miles per hour from North Street to the north corporate limits of the municipality . (3) Market Street, for westbound vehicles : (a) Thirty-five miles per hour from the east cor- porate limits of the municipality to Fort Evans Road. (b) Twenty-five miles per hour from Fort Evans Road to Wilson Avenue . (c) Thirty-five miles per hour from Wilson Avenue to the west corporate limits of the municipality. (4) Market Street , for eastbound vehicles : (a) Thirty-five miles per hour from the west cor- porate limits of the municipality to Wilson Avenue . (b) Twenty-five miles per hour from Wilson Avenue to Fort Evans Road. (c) Thirty-five miles per hour from Fort Evans Road to the east corporate limits of the municipality. (5) Catoctin Circle : (a) Twenty-five miles per hour from Dry Mill Road to East Market Street . (6) Davis Avenue: (a) Twenty-five miles per hour from the intersec- tion of Lee Avenue to Valley View Avenue . 252 MINUTES OF MARCH -13 , 1974 MEETING. (7) Dry Mill Road : (a) Twenty-five miles per hour from Loudoun Street to Lee Avenue . (b) Thirty-five miles per hour from Lee Avenue to the west corporate limits . (8) = Edwards Ferry Road : (a) Twenty-five miles per hour from East Market Street to Plaza Drive . . (b) Thirty-five miles per hour from Plaza Drive to the east corporate limits . (9) Fort Evans Road : (a) Twenty-five miles per hour from the intersec- tion of East Market Street to the east corporate limits of the municipality . (10) Lee Avenue : (a) Twenty-five miles per hour from the intersec- tion of Dry Mill Road to Davis Avenue . (11) Loudoun Street , for eastbound vehicles : (a) Twenty-five miles per hour from the intersec- tion of West Market Street to the intersection of East Market Street . (12) Loudoun Street , for westbound vehicles : (a) Twenty-five miles per hour from the intersec- tion of East Market Street to the intersection of West Market Street . ' On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was proposed: WHEREAS , the Northern Virginia Planning District Commission (NVPDC) has issued a "Draft" report to its Study Area I Ad- visory Committee regarding Phase II of the Wastewater Treat- ment Study for the Town of Leesburg and Goose Creek Watershed, and WHEREAS , the Town Council of the Town of Leesburg desires to express its opinion regarding that report to the Advisory Com- mittee and the NVPDC, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the selection of AWT is in the best interest of the citizens of the Town of Leesburg and its environs and that "Land Treatment" should no longer be considered as an al- ternative to sewage disposal for the Town for the following reasons : 1 . The Land Treatment System (a) Has not been tested to meet high effluent quality standards , as noted in the report, and mere proper• design does not necessarily guarantee results of the nature desired; (b) Does not offer the necessary reliability or control in AWT ; (c) Requires , in most cases , more electrical energy than AWT ; (d) Does not eliminate the potential of "airborne viruses and bacteria ;" ,2 53 MINUTES OF MARCH 13 , 1974 MEETING. (e) Requires greater disturbance of the natural habi- tat , virtually eliminating use of the areas in- volved; (f) Would require the undesirable displacement of peo- ple within the area and abandonment of roads ; (g) Would cost more than AWT, even with land values as they are projected in the report ; 2 . AWT (a) Has been tested and is found to meet effluent quality standards ; (b) Offers reliability and control of the system; (c) Allows the use of the present treatment plant site, with the addition of relatively small areas to com- plete the necessary site ; O (d) Would be less costly than Land Treatment ; and C: BE IT FURTHER RESOLVED by the Town Council of the Town of Lees- burg , that the selection of Site "I," with AWT capacity of 6 .5 mgd, and phasing of construction to be 3 .5 mgd immediately and to a capacity of 6 . 5 mgd as is needed, and with effluent discharging into Tuscarora Creek, is in the best interest of the Town of Leesburg and its environs , and that reservoir site selection, sludge removal , treatment parameters , etc . be dealt with at the time of plan preparation, and in accordance with the most cost-effective criteria at the time of construction, and S BE IT FURTHER RESOLVED, that this resolution supersedes any previous submission. Explanation and comments on the above were offered by both Councilman Titus and Mayor Hill and, on motion of Councilman Ridder, seconded by Councilman Titus , the following amendment was unanimously adopted: 1. (b) Does not offer the necessary reliability of control that is available with AWT: The resolution, as amended, was then unanimously adopted. On motion of Councilman Titus , seconded by Councilman Wallace, the following resolution was unanimously adopted : RESOLVED, that the Plat. of Resubdivision of Lots 4 and 5 , Block I, Section One , Normandy Village , be and the same is hereby approved , and BE IT FURTHER RESOLVED, that the Clerk of the Council is hereby authorized and directed to affix her signature to the plat as evidence of such approval . Mayor Hill called a recess at 9: 10 P.M. Council reconvened at 9: 17 P.M. , with Mayor Hill apologizing for not recognizing Mr. Cassidy, a potential candidate for Council, and any other candidates that may have been present earlier in the evening . ' On motion of Councilman Titus, seconded by Councilman Wallace , the following resolution was offered: WHEREAS , an Agreement was entered into on February 13 , 1974, between Shor-Leesburg Associates and the Town of Leesburg ; and WHEREAS, amendments have been made in the original Agreement and initialed by Mr. Shor, 254' MINUTES OF MARCH 13, 1974 MEETING. NOW, THEREFORE, BE IT RESOLVED; that the Town Council hereby ratifies the amended Agreement. On motion of Councilman Titus , seconded by Councilman Wallace, the above was unanimously amended to add the following : "and also authorizes the Mayor to initial the said Agreement . " The resolution, as amended, was then unanimously adopted. On motion of Councilman Titus , seconded by Councilman Ridder, the _ following resolution was offered: BE IT RESOLVED, that the commitment of Jeffrey Sneider and Company set forth in its letter of March 5 , 1974 to the Street Committee, Town of Leesburg , be, and the same is hereby ac- cepted, subject to and contingent upon the execution of the attached agreement between the Town of Leesburg and said Jeffrey Sneider and Company, properly acknowledged in order that the said agreement can be recorded in the Clerk 's Office for the Circuit Court for Loudoun County, Virginia . (See letter and Agreement attached) . Town Attorney Martin explained his draft of this Agreement in detail, pointing out that this Agreement must be recorded in order to protect the Town if the property is sold to someone else. Also pointed out was the fact that the easement provides a road of about 17 per cent grade . Mr. Ritter pointed out that this is a very steep grade and that any subdivision that might be recorded along with this strip would not be serviced by the Town. There was some discussion con- cerning this road, after which the resolution was unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was unanimously adopted : WHEREAS, a proposal was received on December 3, 1973 from Payne Associates to perform certain engineering services for the Town of Leesburg in connection with a proposed 1' million gallon standpipe on Hogback Mountain, NOW, THEREFORE, BE IT RESOLVED, that Payne Associates be authorized to proceed with the engineering services , as out- lined in their letter of December 3 , 1973 and their letter of January 4, 1974, at a cost of $9, 935 .00 ; and BE IT FURTHER RESOLVED, that this sum be paid from the $74,850.00 now invested with First. and Merchants Bank, ma- turing on April 24, 1974, and representing funds formerly held by the Peoples National Bank as escrow to cover the erection of a 275 ,000 gallon tank and water line . On motion of Councilman Wallace, seconded by Councilman Pum- phrey, the following resolution was unanimously adopted: WHEREAS, it was intended to transfer $185 ,000.00 from water and sewer availability funds to the Utility Fund operating expense in order to have a balanced budget for year 1973-74; and WHEREAS, $25,000.00 was transferred on January 23, 1974; NOW, THEREFORE, BE IT RESOLVED, that $100 ,000.00 be trans- ferred at this time in order to meet present obligations . On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted : BE IT RESOLVED, that an amount of $216 . 75 be appropriated to purchase a mobile radio-vehicular charger, to be financed from General Fund-Capital Outlay. 2SSt MINUTES OF MARCH 13 ,--1974 MEETING. On motion of Councilman Murray , seconded by Councilman Titus , the following resolution was unanimously adopted: BE IT RESOLVED, that the Town Manager be• authorized to mail the attached "Suggested Letter" to State of Maryland, Depart- ment of Water Resources , for renewal of two permits . • } On motion of Councilman Titus , seconded by Councilman Wallace, Council voted unanimously to go into executive session at 9:42 P.M. to discuss legal matters and land acquisition. Council reconvened at 10 : 20 P.M. On motion of Councilman Murray, seconded by Councilman Pumphrey, • the following resolution was unanimously adopted : BE IT RESOLVED that Lewis Leigh, Jr. , Attorney for Grayson Hanes , Trustee, et al, be advised that , after due considera- tion, the proposal in the letter of February 20, 1974 is un- acceptable ; that the Council is of the opinion that it acted in good faith and did not act arbitrarily in rescinding the CN resolution of June 28 , 1972 ; that the Town was delayed from March 1972 to sometime in September 1972 from pursuing acqui- sition of an easement due to changes required by owners in Ca the alignment of the easement ; that the laying of the sewer G main was based on assurances that the plat of the proposed subdivision would contain the appropriate easement, or that a deed conveying the easement would be executed and delivered to the Town without cost , and that there was no objection to the installation of the line , which was made at considerable cost, and BE IT FURTHER RESOLVED, that the Town Manager be, and he is hereby directed to offer to pay Grayson Hanes , Trustee , the sum of $1 ,692 .00 for the easement, and to advise Grayson Hanes, Trustee, that such offer must be accepted within ten days from receipt of the offer, and BE IT FURTHER RESOLVED, that Grayson Hanes , Trustee , be also advised that this offer is made without prejudice to any rights the Town may assert in light of all of the circum- stances surrounding the installation of the sewer main, and BE IT FURTHER RESOLVED, that copies of this resolution be sent to Grayson Hanes , Trustee and Clay Gilley . There being no further business , the meeting was adjourned at 10 :24 P.M. /, Agrz__AjMayor A:14/ Clerk of t Council -4 r THIS AGREF' lENT, made and entered into this 8th day • of March, 1974, by and between JEFFREY SNEIDER & COMPANY, INC. Party of the First Part; and THE TOWN OF LEESBURG, Party of the Second Part; WI T N E S SETH : That for and in consideration of the agreement of the Party of the Second Part to undertake the financing of a water tank to be erected on the hereinafter described land if certain contingencies can be met by the Party of the Second Part, the said Party of the First Part agrees to convey unto the Party of the Second Part a 200 ' X 200 ' standpipe sitewithin proposed Section 4, Leesburg Country Club, as shown on plat attached hereto, free and clear of all liens and encumbrances together with a right of way thereto, the terms andconditions of which are setforth in a letter dated March 5, 1974 from Jeffrey Sneider & Company to the Street Committee, Town of Leesburg, which is made a part hereof by reference, and that such conveyance will be made either by an appropriate deed, or by dedication when 1 the final subdivision plat for said Section 4, Leesburg Country Club is recorded among the land records for Loudoun County, Virginia but such recordation must take place within twenty one years from the date hereof. • . This agreement shall be binding on the successors and assigns of the Party of the First Part . IN WITNESS WHEREOF, Jeffrey Sneider & Company, Inc. has caused its name to be signed by its President and its seal affixed and attested by its Secretary, the month, day and year first above written. JEFFREY SNEIDER & COMPANY, INC. TIN, RIEMENSCHNEIDER & MURTAUGH LEESBURG, VIRGINIA By President P ( SEAL ) ATTEST: Secretary TOWN OF LEESBURG By G. Dewey Hill ( SEAL ) ATTEST: Clerk STATE OF ) ) To-Wit: COUNTY OF The foregoing instrument was acknowledged before me this day of March, 1974 by as President and as Secretary of Jeffrey Sneider & Company, Inc. , a Virginia corporation, on behalf of the corporation. Notary Public My Commission expires: STATE OF VIRGINIA) ) To-Wit: COUNTY OF LOUDOUN) . The foregoing instrument was acknowledged before me this day of March, 1974 by G. Dewey Hill as Mayor and Dorothy B. Rosen as Clerk of the Council of the Town of Leesburg on behalf of the Town of Leesburg. Notary Public • My Commission expires: ARTIN, RIEMENSCHNEIDER & MURTAUGH LEESBURG, VIRGINIA . • 7312 atec,-,2 March 5, 1974 uccraa:red Street Committee Town of Leesburg P. 0. Box 88 Leesburg, Virginia 22075 Re: Water Tank Site Leesburg Country Club Gentlemen: In reference to the regularly scheduled Street Committee Meeting on March 4, 1974, I would like to offer the following concerning • the proposed water tank on Hogback Mountain. It is our intent to convey to the Town of Leesburg a 200' x 200' standpipe site within the confines of Section 4, Leesburg Country Club as presently shown on Sheet 3 of 4, Subdivision Plat, Section 4, Leesburg Country Club. It is also our intent that this site will be conveyed to the Town free and clear of all liens and en- cumbrances when and at the same time the above referenced final subdivision plat is made part of the land records of Loudoun County. It is also our intent at that time to dedicate and grant a 25' wide easement to be located in the approximate location as shown on the above referenced plat. It is our request that this easement encompass an access road to the tank site as well as approximately four (4) larger "estate lots" which will be located on Hogback Mountain. It is our request and intent that this easement not • only encompass the road, but proposed water line to the tank and any other utilities that will be necessary to service the "estate lots" which we propose to subdivide. It is my understanding that based on the Town receiving this obligation, you will authorize the firm of Payne & Associates to proceed, as rapidly as possible, with preparation of the data and associated drawings necessary for a Loudoun County Commission Permit which is needed prior to installation of the tank. Suite700 Honewtell Center 79;0 W<l park Drive MCI ran,Virginia 22101 • )701)7'00 IM0 • -Street Committee Re: Water Tank Site, Leesburg Country Club . March 4, 1974 Page Two If you have any questions whatsoever concerning this commitment, please . do not hesitate to contact me personally. Sincerely i LOGAN R. JENNINGS, P.E. Vice President Land Development • LJR:ts 1 enclosure • cc: Mr. Terry Titus Mr. Robert Harris