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HomeMy Public PortalAbout1974_09_11 50 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 11 , 1974. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on September 11, 1974 at 7 :30 P.M. The meeting was called to order by Mayor Pro-Tem Titus , with Councilman Newman offering the prayer, fol- lowed by the Salute to the Flag . Those present were : Mayor Pro- Tem C. Terry Titus , Councilmen Charles• E. Bange , .Mary Anne Newman, Robert A. Orr, Herbert L. Ridder and James A. Rock ; also Town Manager James W. Ritter, Jr. , Deputy Town Manager E . Wesley Devero and Town Attorney George M. Martin . Absent from the meeting was Mayor G. Dewey Hill. The Minutes of the meetings of August• 14 , 1974 , August 20, 1974 and August 28, 1974 were approved with corrections . Mr. Richard H. Carr, representing Lesluke Corporation, inquired as to whether or not Lesluke has complied with all criteria set forth in a resolution adopted by the Town Council on August 14, 1974 for being placed on the forthcoming Priority List for sewer capacity. This matter was discussed by Council members, with Mr . Carr being informed that sumission of the criteria is made to the Town Adminis- tration, where it will be reviewed and referred to the Public Works Committee for determination of full compliance . The Public Works Committee will then recommend to the Council the placing of those who have complied on the Priority List. Town Manager Ritter reported as follows : (1) Mayor Hill , Delegate Rollins , Mrs . Pendergast of Johnson and Williams and he met with Congressman Broyhill last week concerning the environmental impact study requested by GAO of HUD in connection with the Town 's Federal grant for the Potomac River Water Project. He commented on a meeting between Mr . Broyhill and Mr. Clay Herrell, Town Manager of Vienna . Mr. Herrell had gone to Mr . Broyhill to point out the nonsense of hreaucracy in the Federal Government, with parti- cular attention to a 42-foot document on the Equal Employment Oppor- tunity Act. Mr . Broyhill expounded on this at length, including the fact that the request for the environmental impact study by GAO is the same type of beaurocracy . He was very sympathetic and said he would take every step possible to have this study waived. Nothing has been heard from HUD as to its position on the request from GAO . (2) He met with the School Board yesterday to ask for a storm sewer easement just south of Johnson 's Restaurant in connection with the Route 7 Urban Project . This easement is needed right away. He pointed out that the sanitary sewer has to be relocated and the Town will bear this expense . The Town will also build a paved ditch ap- proximately 270 feet long between the two storm sewer pipes coming out from Catoctin Circle , as well as a 4-foot high chain link fence on the school side of the easement . The School Board took the po- sition that they should have a paved ditch all the way to the end of their property at VEPCO . This is a distance of approximately 700 feet and would cost $35 ,000 . A gabion ditch, composed of wire mesh, large rock and mortar, would cost around $21,300 . He felt that the School Board is asking the Town to go to considerable expense . They felt that they must protect the County taxpayers money . He pointed out to them that this project will cost the Town about $25 ,000, not includ- ing the paved ditch. The Highway Department will award this contract as soon as they receive' the signed Agreement from the Town and this easement must be secured right away . He will go back to the next School Board meeting on September 24th and he asked for guidance from the Council on this request. He also read to Council a letter just received from Dewberry, Nealon and Davis on this project, outlining the costs totalling $39, 300. This does not include the Town 's fees to DND for engineering . (3) A Public Hearing will be held tomorrow night on the Lees- burg Institute ' s request to build a 90-bed psychiatric hospital with wastewater discharge at a point 3 .8 miles above our water intake on the Potomac . He referred to a copy of a Memorandum dated June 14, 1974 from Mr. Norman Phillips , Director of the Bureau of Sanitary 51 MINUTES OF SEPTEMBER 11 , 1974 MEETING. Engineering, State Health Department, Richmond, to Mr . E. T . Gude , Director of the Bureau of Environmental Health, which memorandum disapproves the 20,000 gpd treatment plant because it empties into the Potomac too close to our intake . He felt that either someone should be present at the hearing or that these documents should be presented to the Board prior to the meeting for the record. (4) On the James Hutchison easement , he understands that Mr. Rollins is now representing him and all contacts will be made through him. A letter outlining what the Town needs in the way of a storm sewer easement has been given to him. (5) A State geologist, Mr . Comer, from the Northern Virginia Office of the State Water Control Board, was here today. In study- ing the geology shown on the map, he recommended three locations where we can expect to get water. One is in the Brandon area , another on the west side of Morven Park Road and another on Catoctin Circle near the Catoctin Elementary School . In discussing our present wells and finding that Paxton is 400 feet deep, he suggested that we may go to 600 or 800 feet, depending on the drill cuttings . He will work very closely with the contractor and give his opinion as to whether we should go any deeper. This is the first step. The next would be to contact a well driller and get some prices . He would like to con- tact Sydnor Hydrodynamics , who has done a lot of work for the Town in the past several years . He would like them to estimate on drill- ing a well at a specific location . Since he was authorized to start the ball rolling on this project , if there are no objections, he will proceed on this . There followed discussion concerning the location and drilling of a well, with Mr. Ritter explaining why Big Springs was rejected some years ago . It was the general consensus of Council that Mr. Ritter proceed full speed ahead. On motion of Councilman Ridder, seconded by Councilman Bange , the following motion was proposed: That Council authorize the Town Manager to investigate the siting of a new well or wells and that he investigate the possibility of having Sydnor Hydrodynamics give an estimate of what it might cost to drill such a well. The motion was unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . Councilman Rock presented a proposed ordinance dealing with bi- cycle inspection, safety programs , etc . and asked that it be referred to the proper Committee and the staff for review. This ordinance was referred to the Finance and Administration Committee . Councilman Newman reported that the Leesburg Bicentennial Com- mittee met for the first time last night, with all members present, along with two members of the Independent Bicentennial Committee (County) . Plans and ideas of other communities were presented, a Chairman and other committee heads selected and another meeting scheduled for next month . Councilman Bange reported that he had received a call concerning a bad hole in Dry Mill Road near the By-Pass intersection; also a call concerning the fencing around Loudoun House Apartments . Mayor Pro-Tem Titus said this matter has been discussed with Chief Kidwell, Mayor Hill and others and they are doing all that they can at this time . Mr. Titus and Mr . Rock also reported holes in the street, one on Catoctin Circle south of the W. & 0 . D. right-of-way and one on South Street coming out of the Trailer Park. Mayori_P.ro-Tem Titus presented the following : (1) He asked that the members of the Public Works Committee consider a time other than the regular meeting to discuss the Priority List . 52 MINUTES OF SEPTEMBER 11 , 1974 MEETING. (2) A request has been received from a citizen that the Town purchase a leaf vacuum . He asked Mr. Ritter to investigate the cost of such equipment . (3) He noticed Perry Engineering cutting the pavement on East Market Street the other day and thought thesTown should look into the ,cost of cutting all of this . He asked Mt . Ritter to investigate this. Lengthy discussion followed concerning the storm sewer easement needed at the Leesburg Middle School and the request by the School Board for paving of the ditch to the end of their property at VEPCO . On motion of Councilman Ridder, seconded by Councilman Orr, the fol- lowing resolution was proposed : BE IT RESOLVED, that the Town Manager is authorized to pursue the matter of storm drainage over School Board property, with the proposition that , in lieu of a concrete line ditch, a gabion line ditch be installed, and that the School Board dedicate the easement for such installation, and BE IT FURTHER RESOLVED, that the Town Manager be authorized to state that the Town will bear the expense of relocation of the sanitary sewer lateral that is now exposed over the channel and the cost of a 4-foot high chain link fence a- long the initial 270 feet of channel . There was further discussion , with Mr. Ritter being asked to request a letter from the School Board setting forth exactly what they want if they agree to negotiation of this matter. The resolution was then adopted, as shown : Aye : Councilmen Bange, Newman , Orr, Ridder and Rock. Nay : Mayor Pro-Tem Titus . Discussion followed concerning the Town 's position on the pro- posed Leesburg Institute . On motion of Councilman Ridder, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the Town Manager be directed to present the Town 's position with regard to the proposed sewer dis- charge of Leesburg Institute above the Town 's proposed water intake at the hearing convened for such purpose on September 12 , and that previous correspondence regarding this situation be placed into the record of the hearing. After further discussion , the resolution was unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None. Mayor Pro-Tem Titus felt that Council should have an open session for discussion only of such items as water, sewer, airport, Compre- hensive Plan, Town administration buildings , storm sewer -projects , etc . Members of Council agreed that this was needed and each Com- mittee will discuss a time for such a meeting. Mayor Pro-Tem Titus read an invitation to attend an open house at the Leesburg Fire Department on October 6 , 1974 from 10 :00 to 5 :00 . On motion of Councilman Bange , seconded by Councilman Orr, the ' following resolution was proposed : • WHEREAS, the Town Council , at its meeting on August 14, 1974 , adopted Resolution No . 4, pertaining to the estab- lishing of a Priority System for any proposed development or subdivision within the -corporate limits not covered by previously adopted policy or priority statements for fu- ture connection to the Town ' s water and sewer systems , and 0J MINUTES OF SEPTEMBER 11 , 1974 MEETING. - WHEREAS , a part of this resolution stated that "the said plat or plan is submitted with the express purpose of obtaining a position on the following priority system and a signed form as required by the Town Council , regarding acknowledgment by . the owner that the Town is in no way committing or guarantee- ing water or sewer service to the project," and WHEREAS , the attached "ACKNOWLEDGMENT" form has been set up, the purpose of which is to serve notice to the developers that the signing of this "ACKNOWLEDGMENT" form does not commit the Town of Leesburg "to provide sewer or water service now or in the foreseeable future. " NOW, THEREFORE, BE IT RESOLVED, that this form is hereby a- dopted, effective September 11 , 1974. The resolution was unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . On motion of Councilman Ridder, seconded by Councilman Bange, the following resolution was proposed : WHEREAS, it appears that the time for performance under the completion bond in the amount of $32 ,750 .41 furnished by Lees- burg Joint Venture was February 21, 1974 ; that no work has been undertaken as of this date ; that Leesburg Joint Venture has '.requested an extension for the time completion to Febru- ary 21, 1975 , and the Town Manager recommends that the origi- nal amount will have to be revised to reflect current costs and this request should be granted, and WHEREAS, the Maryland Casualty Company, surety on the present bond, has submitted a letter from the appropriate agent ex- tending the bond to February 21 , 1975 ; NOW, THEREFORE, BE IT RESOLVED, that said extension is hereby granted, provided the Surety Company agrees , in writing to such extension in the increased amount to $37 ,662.97 . The resolution was unanimously adopted, as shown: Aye : Councilmen Bange, Newman , Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . On motion of Councilman Orr, seconded by Councilman Rock, the following resolution was proposed : BE IT RESOLVED, that the Town Manager be authorized to sign contract from Municipal Code Corporation for the purpose of code codification, and BE IT FURTHER RESOLVED, that appropriation in the amount of $1 ,000 .00 be authorized in accordance with the terms of the contract. The resolution was unanimously adopted, as shown: Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay: None . On motion of Councilman Bange , seconded by Councilman Ridder, the following resolution was proposed : BE IT RESOLVED, that authorization be given to the Town Mana- ger for the purchase of a 1975 Model Blazer vehicle to be pur- chased from S & R Chevrolet Oldsmobile , Leesburg , in the a- mount of $3 ,795 .00, in accordance with their letter dated Au- gust 29, 1974, and BE IT FURTHER RESOLVED, that this amount of money is hereby ap- propriated. 54 MINUTES OF SEPTEMBER 11 , 1974 MEETING. There was considerable discussion as to equipment on this vehicle , with the resolution being unanimously adopted by roll call vote, as shown : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . i Nay : None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made : $ 650 .00 - DND - Storm Sewer Design - Pizza Hut property - General Fund-Capital Outlay . 807 .00 - Shop Equipment - General Fund-Capital Outlay . 4 , 147 .00 - Shop Building Improvements - General Fund- Capital Outlay . 500 .00 - Chlorine repair kit for Sewer Plant - Utility Fund. 750 .00 - Repairs to Control Building at Sewer Plant - Utility Fund. A roll call vote showed the following : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . On motion of Councilman Rock, seconded by Councilman Orr, the following resolution was proposed : WHEREAS , recent growth trends in the Leesburg area have begun to threaten the preservation of its historic character, and WHEREAS, the Town has already taken significant steps to pre- serve the Old and Historic District of Leesburg through its Comprehensive Plan, and earlier through additions to the Lees- burg Zoning Ordinance where was created the historic district based on Gray 's Map of 1878, and WHEREAS, the Town seeks to prepare authentic structures for the celebration of the 1976 bicentennial within this Old and Historic District, and WHEREAS, there exists the structure known as the Log Cabin, which can be restored to its authentic character, and WHEREAS , the Town of Leesburg desires to make this restoration with the guidance and advice of the Loudoun Restoration and Preservation Society , NOW, THEREFORE, BE IT RESOLVED, that the Town Council will under- take the restoration of the Log Cabin with such 'funds as are available through grants , gifts , bequests and donations to fund such restoration, including money, materials and labor, and BE IT FURTHER RESOLVED, that the Town does accept responsibility for management of the restored property in perpetuity for the benefit and enjoyment of the citizens of the Town and visitors alike , and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to take whatever steps may be necessary, including entering into whatever agreements are necessary , to obtain transfer to the Town of the existing grant to the Chamber of Commerce for pur- poses of restoring the Log Cabin , and ✓ v 55 MINUTES OF SEPTEMBER 11, 1974 MEETING. BE IT FURTHER RESOLVED, that the Town Council does hereby re- quest the Loudoun Restoration and Preservation Society to ini- tiate such restoration work and prepare for the Town such plans and programs , including costs and material needs , as , in its judgment, will restore the Log Cabin to its authentic origins ; such work to be undertaken as soon as possible in order that the restoration plans and programs will be available, at least in their initial phase, ninety days from the date of the pass- age of this resolution , and BE IT FURTHER RESOLVED, that the Town Council does hereby sanc- tion and encourage the raising o€hhguch funds , materials and labor as are necessary to further/restoration work.by the Loudoun Restoration and Preservation Society . On motion of Councilman Newman, seconded by Councilman Rock, the reso- lution was amended to delete from the last paragraph the words "the" and "by the Loudoun Restoration and Preservation Society. " Council unanimously adopted this amendment , with the last paragraph reading as follows : BE IT FURTHER RESOLVED, that the Town Council does hereby sanc- tion and encourage the raising of such funds , materials and labor as are necessary to further restoration work. The source of funds for this restoration was explained by Mr . Forbes. Councilman Rock pointed out that it is not intended to use Town funds for this project. Also discussed were plans for the restoration . The resolution was then unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . On motion of Councilman Rock, seconded by Councilman Bange , Council voted unanimously to go into executive session to discuss land acquisition at 9 : 15 P.M. Council reconvened at 9 :59 P.M. Mayor Pro-Tem Titus read a letter from Mrs . Jan McVay (copy attached hereto), authorizing Mr. William L. Raub to act as her agent concerning the sale of land ad- joining property owned by her. On motion of Councilman Rock, seconded by Councilman Orr, the following resolution was proposed : WHEREAS, Mr. William L. Raub , representing Mrs . Jan McVay, approached the Council September 11, 1974 on the subject of the possible purchase by the Town of a parcel of land owned by. Mrs . McVay , bounded by the properties of King Street Properties on the north, other lands of McVay on the east, and the property of the Town of Leesburg on the south and west, and WHEREAS, the Town Council is willing to consider the purchase of the land, NOW, THEREFORE, BE IT RESOLVED, that Mayor Hill be requested to serve as a representative of the Town in further discussions with Mr . Raub on discussions of purchase by the Town, and that a third party from the Board of Realtors be a member of this negotiating committee , and BE IT FURTHER RESOLVED, that a discussion of a storm sewer ease- ment be considered. The resolution was unanimously adopted, as shown : A Aye : Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Pro-Tem Titus . Nay: None . % ' Councilman Orr left the meeting at this time (10 :00 P.M. ) . 56 MINUTES OF SEPTEMBER 11 , 1974 MEETING. A proposed ordinance on the prohibition of open burning was dis- cussed at this time. It was felt that such an ordinance is definitely needed. This matter was referred to the Finance and Administration Committee for recommendation to the Council . The Public Works Com- mittee will discuss it and send its recommendations on to the Finance and Administration Committee . On motion of Councilman Bange , seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that a certificate of deposit in the amount of $7 ,126 .00 presented by Pyramid Properties in lieu of Maintenance Bond on Normandy Village be accepted, and BE IT FURTHER RESOLVED, that "As Built" drawings on Normandy Village be accepted. It was felt that Deeds of Easement on utilities should be included with the above . A unanimous vote showed the following : • Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None. On motion of Councilman Bange, seconded by Councilman Rock, the following resolution was proposed and unanimously adopted, as shown : BE IT RESOLVED, that Civitan Club and Xerox , Inc . be author- ized to install flag holders on parking meters on Loudoun, King and Market Streets for display of American flags on holidays , and BE IT FURTHER RESOLVED, that these flags will be 3 ' x 5 ' , ap- proximately 65-70 flags , to be on display during daylight hours only and that the Civitan Club and Xerox, Inc . will bear all expenses and maintain installation and removal of flags on holidays . Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus . Nay : None . Mayor Hill joined the meeting at this time . Bids were opened on the investment of Town funds , as follows : Peoples National Bank - 11.06 per cent. First & Merchants National Bank- 11 .39 percent . On motion of Councilman Rock, seconded by Councilman Bange , the fol- lowing resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that First and Merchants National Bank be awarded the investment of the following funds : $325 ,000 - Water and Sewer Availability funds , $285 ,745, due September 13 , 1974 , now invested with First & Merchants National Bank, and $39, 255 on de- posit with North American Bank, for 180 days , at an interest rate of 11. 39 per cent. Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill . Nay : None . Mayor Hill assumed the Chair at this time . 7 . On motion of Councilman Titus , seconded by Councilman Rock, the following resolution was proposed: 5 ( . MINUTES OF SEPTEMBER 11 , 1974 MEETING. WHEREAS, a letter has been received from John D. Alderman stating that he and others are the contract purchasers of "Fireman 's Field, and WHEREAS , Mr. Alderman has requested : (1) That this prop- erty be included on a list of properties eligible for sewer taps , since he had been advised by the Town Administration that this had been left off the Town 's list of properties eligible for sewer taps and that he should send a letter to the Town Administration in order that this property could be included on such list , and (2) for two additional sewer taps on the same property , and WHEREAS, the Town Council views this proposed project as a new project , NOW, THEREFORE, BE IT RESOLVED, that the Town Manager shall advise John D. Alderman that a plan and other pertinent in- formation for this property must be submitted to the Town of Leesburg for inclusion on a future priority list, in accordance with the priority system adopted by the Town Council on August 14 , 1974 , and that his letter of August 29, 1974 is not a substitute for the criteria called for in the said priority statement. Mr. Alderman spoke to this request, explaining that the two additional taps were purely for convenience - they already have as much sewer capacity as is needed - he did not feel that the amount of water used would exceed the present water usage . Questions were asked by Council members concerning the present and past usage and the type of project proposed for this land. Mr. William Herndon, one of the contract owners of "Fireman 's Field", explained that there is pres- ently a 6-inch sewer line and a 2-inch water line on the property. It was explained that a change in the usage 'is what the Town is con- cerned about, and that the Health Department would have to approve this . After further discussion , it was felt that perhaps Mr. Cox of the Health Department should meet with Mr . Alderman and Mr. Herndon , along with members of the Public Works Committee , to dis- cuss this matter further. The resolution, as presented, was then unanimously defeated, as shown: Aye : None . Nay : Councilmen Bange , Newman, Ridder, Rock , Titus and Mayor Hill . On motion of Councilman Rock, seconded by Councilman Newman, the following ordinance was proposed : BE IT ORDAINED, that the following language shall be deleted from Sec . 21-47 . 1. Professional specialized occupations and business - Gross receipts basis of Chapter 21 Taxation and Licenses Generally of the Town Code of the Town of Leesburg : "Astrologer, fortune teller, handwriting analysis . " It was explained that the State license fees would hereafter apply in such cases as the above, these fees being far in excess of those formerly used. The ordinance was unanimously adopted, as shown : Aye : Councilmen Bange , Newman , Ridder, Rock, Titus and Mayor Hill . Nay : None. On motion of Count}big§ llaggfi, seconded by Councilman Ridder, the following resolution was/unanimously adopted, as shown : BE IT RESOLVED, that the Town Manager is hereby authorized to sign Agreement between the Town and the Virginia Depart- ment of Highways for construction of 0 . 145 mile of Route 7 , within Leesburg from Catoctin Circle to Sycolin Road, Proj - ect 0007-253-101, PE-101, RW-201, C-501, known as the Route 7 Urban Project . Aye : Councilmen Bange, Newman , Ridder, Rock, Titus and Mayor Hill . Nay : None . 58 . MINUTES OF SEPTEMBER 11 , 1974 MEETING. On motion of Councilman Titus , seconded by Councilman Orr, the following ordinance was proposed: WHEREAS, prior to July 10, 1974 availability fees were re- quired to be pain flgrthe issuance of a zoning certificate, and WHEREAS , several developers contended that payment at that time was a severe financial hardship because such funds were due and payable prior to any construction, and WHEREAS, the Council considered this contention and revised the time for payment to be at the time of installation of water meter, and WHEREAS , after further consideration, the Council has deter- mined that the time for issuance of a zoning certificate and installation of a water meter could be for an extended period, during which time the Town was firmly bound to guarantee water and sewer service and was paying interest and principal on certain bonded indebtedness incurred in order to construct the water and sewer facilities , and WHEREAS, the Town Council believes it only equitable that developers should commence paying for their portion of the system as soon as the Town becomes bound to furnish said service and to help defray the Town ' s obligations , and WHEREAS, it is felt by the Town Council of the Town of Lees- burg , that availability fees for water and sewer should be paid prior to the issuance of a zoning permit , NOW, THEREFORE, BE IT ORDAINED, that the Ordinances adopted by the Town Council on July 10, 1974 , pertaining to Sections 25-4, 25-5 , 25-6 , 25-7 , 25-7 . 1 , 25 -7 .2 of the Town Code per- tinent to Water, and Sections 19-11 , 19-12 , 19-13 , 19-14, 19-14. 1, 19-14 . 2 of the Town Code pertinent to Sewers and Sewage Disposal be and the same are hereby repealed, and BE IT FURTHER ORDAINED that the Ordinances adopted on May 9, 1973 pertaining to Sections 25-4, 25-5 , 25-6 , 25-7 , 25-7 . 1 , 25-7 . 2 of the Town Code pertinent to Water, and Sections 19-11, 19-12 , 19-13 , 19-14 , 19-14 . 1 , 19-14. 2 of the Town Code perti- nent to Sewers and Sewage Disposal be and the same are hereby re-enacted and adopted in the place and stead thereof, and BE IT FURTHER ORDAINED, that this Ordinance will become ef- fective September 25 , 1974. After some explanation by Councilman Titus and comments by Mayor Hill, the Ordinance was unanimously adopted, as shown, with the stipulation that a copy of this Ordinance will be sent to the builders : Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and Mayor Hill . Nay : None . On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was proposed: WHEREAS, a contract was awarded to Gull Corporation for the construction of curb and gutter and sidewalk in various sec- tions of town, and WHEREAS , work has been completed and the contractor needs the money in order to meet salaries , bills , etc . , NOW, THEREFORE, BE IT RESOLVED, that $29, 374. 15 be appropri- ated from General Fund-Capital Outlays , Acct . 800 . 902 , to pay Gull Corporation for this work. 59 MINUTES OF SEPTEMBER 11 , 1974 MEETING. Mr. Chaves explained that this project is about 85 to 90 per cent complete and that the work done so far has been approved. The reso- lution was then unanimously adopted, as shown: Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and Mayor Hill . Nay : None. / The acceptance of a cashier 's check to bond Edwin K. Cross for work to be done at the Laurel Brigade Inn (the construction of a new driveway entrance and curb and gutter and replacement of a portion of the brick sidewalk) was explained by Mr . Ritter and Mr. Forbes . On motion of Councilman Titus , seconded by Councilman Rock, the fol- lowing resolution was proposed: BE IT RESOLVED, that the Council accepts a cashier 's check as bond from Edwin Cross for improvements to the sidewalk, curb and gutter on the entrance to Laurel Brigade Inn on Wirt Street, in an amount to be determined by the Director of Public Works The above resolution waggp abled on motion of Councilman Titus , sec- onded by Councilman RockYin unanimous vote until such time as the amount of the check could be determined. On motion of Councilman Titus , seconded by Councilman Rock, Council voted to take the reso- lution out of tablement and it was reworded to read as follows : BE IT RESOLVED, that the Council accepts the cashier ' s check in the amount of $1 ,405 .00 as bond from Edwin Cross for im- provements to the sidewalk, curb and gutter on the entrance to Laurel Brigade Inn on Wirt Street. The resolution , as amended, was then unanimously adopted, as shown: Aye : Councilmen Bange, Newman , Ridder, Rock, Titus and Mayor Hill . Nay : None. Councilman Titus called attention to the fact that the Town will be paying VEPCO the increased utility rate and felt that VEPCO should be asked to change the light behind Roberson 's Office Supply, as well as to increase the lighting on South King Street, both of these items having previously been requested of VEPCO . This was discussed, along with the feeling of Councilmen Rock and Titus that the new u- tility rate should be paid under strong letter of protest. The mat- ter was then referred to the Public Works Committee for further con- sideration. On motion of Councilman Titus , seconded by Councilman Bange, Council voted unanimously to go into executive session to discuss legal matters at 11: 11 P.M. Council resumed session at 11 : 59 P.M. and, on unanimous vote, the meeting was adjourned. • Mayor Clerk of e Council 7 1 ACKNOWLEDGMENT FORM ACKNOWLEDGMENT It is understood by all parties concerned that the under- signed owner is submitting the plat or plan entitled : with the express purpose of obtaining a position on the August 28 , 1974 , priority statement listing for future connection to the Town of Leesburg ' s water and sewer systems and that the undersigned owner by signing this document acknowledges and recognizes that as of the time of signing this agreement that due to the lack of capacity in the Town' s sewage treatment plant and short supply of municipal water, the Town of Leesburg does not guarantee or , agree that the areas proposed to be subdivided, or for which the plan is required, will now or in the foreseeable future, be provided water and/or sewer services , nor does the Town guarantee or agree that the acceptance or processing of the plat or plan constitute a committment by the Town of Leesburg to provide such services nor any vested right has been created by the said acceptance or processing. The under- signed owner agrees that any costs incurred by the owner or assigns, relative to the proposed subdivision or plan are at the sole risk of the owner or assigns, and that the owner, or assigns , agrees that they waive the right to compel the Town of Leesburg to pro- vide water and/or sewer service. Witness my signature and seal this day of , 1974 . v Owner by Cj 1 Authorized Agent, Title THE CLOTHES HORSE• Leesburg, Virginia Oa September 10, 1974 Town Council Town of Leesburg . Leesburg, Virginia Gentlemen: This is to advise you that William L. Raub is hereby authorizaed to act as my agent and in my f behalf to negotiate with the representatives of the city council concerning the possible sale of the property ajoining the Clothes Horse and The Green Tree Restaurant to the City of Leesburg. Obviously, all final decisions must be acceptable and agreeable to all parties concerned. JDMrV:js ti. • • N -