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98
MINUTES -OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 13, 1974.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on No-
vember 13 , 1974 at 7 :30 P.M. The meeting was called to order by the
Mayor, with Councilman Newman offering the prayer, followed by the
Salute to the Flag. Present were : Mayor G. Dewey Hill, Councilmen
Charles E. Bange, Mary Anne Newman, Herbert L. Ridder, James A. Rock
and C. Terry Titus; also Town Manager James W. Ritter, Jr. , Deputy
Town Manager E. Wesley Devero and Town Attorney George M. Martin.
- Absent from the meeting was Councilman Robert A. Orr.
•
The Minutes of regular meeting of October 23 , 1974 and special
meeting of November 4, 1974 were approved as written.
Councilman Titus reported that Town Attorney Martin, Town Manager
Ritter, Mr. Harry Burt of Daniel A. Robinson and Associates and he met
with members of Johnson and Williams ' staff last week concerning the
bond situation on the Potomac River Water Project. Mr. Burt was present
to elaborate further on this meeting and the problems being encountered
on this project at this time . A letter from Mr. Burt to Mayor Hill
recommends a course of action consisting of five (5) steps to be taken
byhis firm. A copy of this letter is attached hereto. There followed
lengthy discussion by Council members and Mr. Burt. On motion of
Councilman Titus, seconded by Councilman Rock, the following reso-
lution was proposed:
BE IT RESOLVED, that the firm of Daniel A. Robinson and
Associates be employed to continue the task order on the
Water and Sewer Rate Study, as outlined in a letter to the
Mayor of November 8, 1974.
Mr. Burt was asked to be present for the Public Works Committee meet-
ing on November 18th at 5 :00 P.M. Town Manager Ritter was directed
to ask that Johnson and Williams -also have a representative present
for this meeting, with a copy of-Mr. Burt 's letter to be sent im-
mediately. After further discussion, Town Manager Ritter was asked
to contact Mr. Comer, State Geologist, to ascertain capacity of the
existing wells and the proposed future wells. The resolution was then
unanimously adopted, as shown:
Aye : Councilmen Bange , Newman, - Ridder, Rock, Titus and Mayor
Hill.
Nay : None . ,
Councilman Titus asked that Council act on a request by Mr.
L. M. Beaver' for waiver of a site plan for a shop to be erected by
him at the corner of South and Church Streets . It was noted. that
the Planning Commission has recommended this waiver and that Mr.
Beaver has a letter from the Health Department, stating that no
additional facilities are needed for this building. It was suggested
that bonding requirements for any entrance in connection with this
building not be waived. On motion of Councilman Titus , seconded by
Councilman Ridder, the following resolution was proposed : :
BE IT RESOLVED, that the request from Mr. L. M. Beaver for
waiver of site plan requirements , with the exception of the
bonding ,provisions, be granted for a building to be placed
on the lot at the northeast corner of South and Church
Streets .
Mr. Forbes explained that Mr. Beaver will submit a sketch drawn to
scale showing where the building is to be located and a zoning per-
mit
.will be issued by him. Mr. Beaver was asked to furnish a copy
of the letter fiom the Health Department. The resolution was then
unanimously adopted, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill .
• Nay: None.
•
Town Manager Ritter reported as follows':-
(1) He met last week with the owners of two parcels west of
Virginia Knolls to discuss two well sites . The property owners
agreed that the Town can drill at the two sites . They first asked
99
MINUTES OF NOVEMBER 13, 1974 MEETING. - --
for mineral rights, which was denied. They asked to be paid for
gallons of water pumped and this was denied. They also asked for
assurance of sewer capacity to serve any future development. He
told them there was no way this could be guaranteed. A letter
explaining exactly what the Town wants to do, with an attached
sketch showing the location of the proposed wells, water line ,
access roads , etc . will be sent out tomorrow.
(2) He has rewritten the item on the Agenda concerning K & M
Construction Corporation. However, itis understood that there are
other deductions to be taken into consideration.
Councilman Ridder questioned the matter of compensation for the
use of the aforementioned wells. Town Manager Ritter said it is ex-
pected that the Town will pay for the land, „ but did not feel that
any guarantees should be made at this time.
Councilman Rock said a list has been prepared for the Committee
to consider on what is needed in terms of Charter amendments. It is
not ready for Council consideration at this time .
On motion of Councilman Rock, seconded by Councilman Ridder, the
following resolution was proposed:
BE IT RESOLVED, that the Council does hereby grant the
Loudoun Restoration and Preservation Society a 30-day
extension of time in which to develop and submit the ma-
terials described in its resolution of September 11, 1974.
After explanation by Councilman Rock, the resolution was unanimously
adopted, as shown, with the request that a copy be sent to Mrs . Rey-
nolds . Mayor Hill announced that a general meeting of the Society
will be held- on November 21st, with reports to be forthcoming from
all committees .
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
WHEREAS, the Town of Leesburg desires to attract and hold
competent, skilled, professional personnel to work in the
Administration of the Town 's business , and
WHEREAS, an important part of the benefits for its personnel
is the level and quality of the retirement benefits pro-
vided by the Town, and
WHEREAS, it is generally recognized that the physical require-
ments for the effective performance of certain professional
duties limit the maximum age at which persons may be employed
in such occupations , and
WHEREAS, the Town Council wishes to investigate an employees
pension or retirement income program for the Town of Lees-
burg employees;
NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is
hereby authorized and directed to obtain the information
stated hereinafter, which will assist in developing and es-
tablishing a Retirement Income Program substantially con-
forming to one of the following set of criteria:
•
PROGRAM = I
(1) An employee of the Town shall, upon retirement
from employment by the Town, after 20 years of con-
tinuous service, be entitled to an annual retirement
income equal to 40 per cent of the average annual
salary paid to such employee during the five highest
paid consecutive years of employment by the Town dur-
ing the 10 years immediately prior to retirement.
100
MINUTES OF NOVEMBER 13 , 1974 MEETING. -- --
(2) An employee of the Town shall, upon retirement
from employment by the Town, after 25 years of con-
tinuous service, be entitled to an annual retirement
income equal to SO per cent of the average annual
salary paid to such employee during the five highest
paid consecutive years of employment by the Town dur-
ing the 10 years immediately prior to retirement.
(3) A member of the Police Department retiring as
specified in (1) or (2) above shall, for purposes of
computing the annual retirement income , have the an-
nual
average salary paid during the five (5) consecu-
tive year period multiplied by the factor of 1 .05 .
(4) Town employees shall be required to contribute
one per cent (1.0%) of their annual base salary to the
program, to be deducted each month, if they elect to
participate in such program, and the Town shall con-
tribute such amounts as will fully fund such program,
as outlined in' this Program - I.
(5) All Town employees so employed on July 1, 1975
shall be credited with Z the full number of years they
we E continuously employed by the Town prior to July
1, 1975 and the Town shall make such- payments into
such program so as to provide for its full funding
of such anticipated benefits to such employees .
(6) Prior to retirement , a death benefit is provided
each employee in the amount of 8 1/3 ' times the em-
ployee 's projected annual retirement income as of
July 1st of the current year. The amount is to be
adjusted each subsequent July 1st when the projected
annual retirement income changes by at least $50.
(7) Death benefits after retirement, but prior to
the payment of 120 monthly installments, shall pro-
vide for the payment to the employee 's beneficiary
the balance of the 120 monthly installments .
(8) If, after 10 years of service under the plan,
an employee becomes permanently and totally disabled,
the employee will be entitled to an annual retire-
ment income beginning on the first day of the seventh
month following disability equal to what the employee
would have received at normal retirement after 25 years
as a terminated employee entitled to full retirement
earned for 25 years service under the program.
PROGRAM - II •
(1) Eligibility - An employee will be eligible to
participate in this plan on the July 1st following
the completion of these requirements :
(a) The employee is at least 30 year of age
but has not reached his or her 65th birth-
day.
(b) The employee has been continuously employed
by the Town during the one year immediately
preceding his or her contemplated eligibility
date.
(c) The employee receives a fixed and determinable
salary or wage .
(d) Application is made to the Town for the bene-
fits provided by the plan.
(e) The employer is authorized to make payroll
deductions for employee 's contributions to
the plan.
101
MINUTES OF NOVEMBER 13, 1974 MEETING.
(2) The Normal Retirement Datefor all employees of the
Town is hereby established as the first day of the seventh
month following the employee 's 65th birthday . Early re-
tirement date may, with consent of the Town, commence on
or after the employee 's 55th birthday. Retirement in-
come payments may be commenced immediately at a reduced
rate or an employee may wait for such payments to begin
on his or her normal retirement date:
(3) Cost of the Plan - Each month the employee shall be
required to contribute 3% of the first $400 of their basic
monthly salary plus 6% of such basic monthly salary in ex-
cess of $400 . Employer will pay the balance of the cost.
Employee may make additional voluntary contributions not
to exceed 10% of monthly earnings to supplement or in-
crease normal retirement benefit.
(4)_ Retirement Benefits - Normal Retirement Benefits
are determined as 1% of the first $400 of average earn-
ings , plus 2% of such average earnings in excess of
$400 , all multiplied by the employee s credited service .
(5) Credited Service - Shall mean all continuous employ-
ment with the Town after the July 1st following the one-
year waiting period, the attainment of age 30 and limited
to 34 years of eligible employment, except that after
completion of 5 years under the plan, an employee who was
age 32 or more at the time this plan was instituted and
who had been employed by the Town when such employee had
reached age 30 shall receive credit, to the nearest full
year, for one-half of the years between age 30 and the
age of such employee when such plan was adopted, provided
such employee enters the plan at its adoption by the Town .
(6) Death Benefits - Prior to retirement, a death bene-
fit is provided by term life insurance in the amount of
100 times the employee 's anticipated monthly retirement
income as of July 1st of the current year. This amount
shall be adjusted on any subsequent July 1st when an-
ticipated monthly retirement income changes by at least
$5.00. No further changes are made in the death benefits
after the July 1st nearest an employee 's 60th birthday.
(7) Death benefits after retirement, but prior to the
payment of 120 monthly installments, shall provide for
the payment to the employee 's beneficiary the balance
of the 120 monthly installments .
(8) If the employee for any reason, other than death
or disability, terminates employment prior to normal
retirement, the employee will be entitled to the fol-
lowing:
(a) If terminated prior to having complted 5
full years of service under the plan, the em-
ployee will be entitled to all required contri-
butions plus 2%% simple interest.
(b) If terminated after employee has been in the
plan for 5 full years, or more, the employee will
be entitled to a monthly benefit beginning at
employee 's normal retirement date, or if early re-
tirement is elected, at a reduced amount of mon-
thly benefit. No cash settlement will be provided.
(9) The amount of employee 's earned retirement benefit
is determined by multiplying the anticipated monthly re-
tirement income at date of termination, assuming this
to be in effect at normal retirement date by the ratio
that the number of years of service completed at termi-
nation date bears to the full number of years of service
102
MINUTES OF NOVEMBER 13 , 1974 MEETING.
which wouldthave been completed at normal retirement
date . The monthly income so determined is subject to
a. percentage based on the number of full years com-
pleted under the plan according to the following :
Full year elapsed Portion vested
from participation date in employee
Less than 5 0% -
5 50
6 60%
7 60%
8 65%
9 70%
10 75%
11 80
12 85%
13 90%.
14 95%
15 100%
(10) If, after 10 years of service under the plan, an
employee becomes permanently and totally disabled, the
employee will be entitled to a monthly retirement in-
come beginning on the first day of the seventh month
following disability equal to what the employee would
have received at normal retirement date as a terminated
employee entitled to 100% of employee 's earned retirement
benefit . In all cases of disability, an employee is
100% vested.
BE IT FURTHER RESOLVED, that the Town Manager is also authorized
and directed to investigate the following additional areas as
they relate to the herein proposed programs :
(1) Whether the retirement income paid to each retiree
under a Town retirement program MUST BE subtracted from
suchamounts paid under the Virginia Supplemental Re-
tirement System.
(2) Whether the Town MUST participate in the Virginia
Supplemental Retirement System, in addition to setting
up a retirement system for town employees .
(3) The relationship between the programs proposed in
this resolution and the provisions of both Chapter 4
of Title 51 and Article 8 of Chapter 3 . 2 of Title 51
of the Code of Virginia, and any other relevant sec-
tions of the Code of Virginia as may bear on a Town
retirement program.
(4) The estimated cost to the Town of funding each
program through an insurance carrier, including writ-
ten estimates of the costs submitted with specifica-
tions by at least three (3) competing insurance car-
riers.
ar-
riers.
(5) The estimated cost to the Town of funding each
program through annual appropriations .
(6)4n outline and review of the legal mechanisms for '
operating and managing a retirement program through
the Town administration and the estimated management
costs of each management form.
(7) Such other information as may be deemed perti-
nent for evaluating such retirement programs .
BE IT FURTHER RESOLVED, that the Town Manager is hereby di-
rected to prepare the information desired by this resolu-
tion and present it to the Finance and Administration Com-
mittee by March 5, 1975.
103
MINUTES OF NOVEMBER 13 , 1974 MEETING.
After explanation by Councilman Rock and discussion, the resolution
was unanimously adopted, as shown:
Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
Councilman Titus called attention to a memo from Mr. Leach and
outline of Study Committees on the Comprehensive Plan drawn by Mr.
Forbes. There was some little discussion on this, with Councilman
Titus stating that this is a report from the Planning Commission and
no action is necessary.
Mr. Titus also asked if an answer has been received on the two-
year guarantee on cost of hospitalization. Mr. Ritter said this has
not been received and he will check on it.
Councilman Titus also called attention to the fact that citizens
seek legal counsel from Town Attorney Martin at times . Mr. Martin
is not retained by the Council for this purpose. Mr. Martin cited a
specific example of this and stated that he does not object to talk-
ing with members of the Council and the administrative staff, but he
is not in a position to talk-with others unless he has been directed
to do so by the Council . Mayor Hill backed Mr. Martin 100 per cent.
Councilman Newman said she had received numerous telephone calls
concerning the fact that there was no trash collection on Monday, or
at least on Tuesday if it was not to be picked up on the holiday.
This matter was discussed at length, with confusion resulting as to
whether it is intended to be picked up "the next day" or "the next
regular collection day." This matter will be discussed and cleared
up by the Finance and Administration Committee.
Mayor Hill reported that he had -received a call from Mr. Wallace
concerning the possibility of Christmas decorations for the downtown
area by the merchants . He referred Mr. Wallace to the Public Works
Committee.
Mayor Hill also reported on a meeting he attended last week in
Richmond concerning the State Energy crisis . It was emphasized at
this meeting that there is indeed a shortage . He asked that the
press give publicity to this problem and suggest ways we can cut
down on the use of electricity and gasoline.
Mayor Hill also attended a Virginia Municipal League meeting
yesterday, at which a report was given on the study with VEPCO. It
appears that current will definitely cost more.. He felt that some-
thing will be done in General Assembly and perhaps municipalities
will be put under the sanction of the State Corporation Commission,
however, it is not known whether this will help to any great degree .
On motion of Councilman Titus, seconded by Councilman Ridder,
the following resolution was proposed:
BE IT RESOLVED, that the firm of Ottinger, Na,lls and
Chamblin be employed to conduct sufficient research to
determine whether there currently exists adequate juris-
diction for the Town of Leesburg to initiate a declara-
tory judgment action to determine the nature and extent
of the Hutchison-Casilear easement, and report to the
11
Public Works Committee at its meeting on December 2, 1974.
After explanation by Councilman Titus and discussion by Council and
Attorney Thomas Nalls , the resolution was unanimously adopted, as
shown :
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay : None .
104
MINUTES OF NOVEMBER 13 , 1974 MEETING.
On motion of Councilman Range, seconded by Councilman Ridder,
the following resolution was proposed:
WHEREAS , the Crestwood Construction Corporation has re-
quested that the surety bond covering physical improve-
ments in Crestwood Hamlet, Section 3 , be extended to- No-
vember 21, 1975 , and
WHEREAS, the Town Council is in receipt of a letter from" -
the Broyhill Insurance Agency , Inc. , indicating that the
said bond has been extended to that date ,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council
hereby agrees to the extension of the said surety bond
to November 21, 1975 .
After explanation by Councilman Bange, the resolution was unanimously
adopted, as shown :
•
Aye : Councilmen Bange, Newman, Ridder , Rock, Titus and Mayor
Hill.
Nay : None.
On motion of Councilman Titus , seconded by Councilman Rock, the
following resolution was proposed:
BE IT RESOLVED, that the Mayor is hereby authorized to
sign storm sewer easement deed from School Board.
Councilman Titus explained that thisis the easement from the Leesburg
Middle School property to just north of the .VEPCO right-of-way.
The matter of water and sewer taps for Manna Partnership #1 was
discussed at this time . It was explained by Councilman Titus that the
petitioners felt they were "a victim of circumstances" when this mat-
ter was discussed and votedon at the last meeting. They have, there-
fore,
asked to be heard again by Council. On motion of Councilman
Bange, seconded by Councilman Rock, the following resolution was pro-
posed:
WHEREAS, sufficient indication has been given to indicate
that three (3) residential sewer taps are available in Waver-
ly Heights Subdivision under the original Policy Statement
to -serve Manna Partnership #1 , proposed development at the
southwest corner of Route 15 and Catoctin Circle,
NOW, THEREFORE, BE IT RESOLVED, that Manna Partnership be
informed that three (3) residential sewer taps are avail-
able for this development.
•
After some discussion, including remarks by Mr. Thomas Nalls, attorney
for the petitioner, the resolution was unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay : None.
There was considerable discussion concerning the proposed Lees-
burg Airport Rules , which have been presented to Council members for
consideration. Mr. Sam Legard, pilot who uses the facilities of the
Airport, stated that the Airport is a good facility but it needs I/some adjustment to make it operate properly . He hoped these Rules
would have some "teeth" in them. He also expressed the feeling that
the main item needed at the Airport is t-hangars . It was felt by
Councilman Titus that a copy of the proposed Rules should be avail-
able to the public . Councilman Rock stated that the Airport Commitee
will meet again on November 18th and amendments will be made to these
Rules at that time, with the final draft to be voted on at the next
regular Council meeting .
105
MINUTES OF NOVEMBER 13 , 1974 MEETING.
On motion of Councilman Rock, seconded by Councilman Newman,
the following resolution was proposed:
BE IT RESOLVED, that the following appropriations be
made :
$2,343.85 - Johnson and Williams - Assistance on HUD Grant
application (Partial invoice) - 1972 Bond Issue.
345.50
129.00
474.50 - Boothe , Prichard & Dudley - Conferences on
sewer availability problems - 1300.113.
591 .33 - Perry Engineering Co. - Adjustments to utility
line on Route 7 Urban Project - 1300.911.
9,554.00 - Gull Corporation - Balance due on new construc-
tion. Capital Outlay - 800. 902.
After explanation by Town Manager Ritter and discussion on specific
items , the resolution was adopted by a vote of S to 1, shown below:
Aye : Councilmen Bange , Newman, Ridder, Rock and Mayor Hill.
Nay : Councilman Titus .
On motion of Councilman Titus , seconded by Councilman Ridder,
the following resolution was proposed :
WHEREAS, the Town of Leesburg has been notified of a hearing
to be held on November 26 for the purpose of garnisheeing
money being held by the Town to satisfy creditors of K & M
Construction Corporation, and
WHEREAS, the Town has received $4 ,319. 96 , which funds are
deposited in escrow account , and
WHEREAS, a certified check in the amount of $16 ,937 .82 is
being held by the Town , which monies are to cover cost of
physical improvements in connection with the development
of Huntland Homes Town Houses on Davis Avenue, and
WHEREAS, it has been determined that it will be necessary
that certain items are to be corrected and completed by the
owners of this development, this cost being $539.37 , as shown
on "Exhibit A" attached, and
WHEREAS, $5 ,424 . 19 is to be withheld by the Town to complete
the paving of the joint use parking lot, shown as "Exhibit B, "
and
WHEREAS , there are outstanding monies due the Town of Lees-
burg for unpaid taxes in the amount of $1,632 .06 , shown as
"Exhibit C, and
WHEREAS, there are also outstanding utility bills in the a-
mount of $188.00, shown as "Exhibit D, "
NOW, THEREFORE, BE IT RESOLVED, that the Court be informed
of the necessity of the Town having to retain a total of
$7 ,783.62 to cover the above amounts .
Town Manager Ritter reported that Town Attorney Martin has advised
that there are other sums of money to be included, these being
$1,667 .00 for a maintenance bond ; $1,500 for anticipated legal fees •
and $100.00 for cleaning up property by the Town. He stated that
this latter amount does not include the two large piles of stumps ,
lumber, etc . left on the adjacent property. Mr. Martin felt that
some of the items mentioned above may not legally be withheld by
the Town. It was pointed out that there is no contract signed by
K & M concerning dedication of water and sewer lines to the Town .
106:
MINUTES OF NOVEMBER 13, 1974 MEETING.
In this connection, it was found . that no P.C. form had been required.
This precipitated considerable discussion and it was felt that a
form should be required by the Town Administration in all cases ,
regardless of the type of bond presented by any developer. Also
discussed was the maintenance of any parking areas and driveway
entrances in this subdivision without a homeowners agreement. There
was no carlusion reached on this item. A paragraph was added to
the above resolution, to be inserted before the final paragraph,
and the amount in the last paragraph was changed to read "$11,050:64 '
reading as follows :
WHEREAS, a maintenance bond in the amount of $1,667 .00 is
required; .anticipated legal fees in the amount of $1,500.00
are required and clean-up fees in the amount of $100.00 are
unpaid,
NOW, THEREFORE, BE IT RESOLVED, that the Court be informed
of the necessity of the Town having to retain- a total of
$11,050.62 to cover the above amounts . .
The resolution was then adopted by a vote of 5 to 1, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock and Titus .
Nay: Mayor Hill .
On motion of Councilman Bange , seconded by Councilman Newman,
the following resolution was proposed:
WHEREAS, Hugh Cregger, developer of proposed Cedar Walk
Subdivision, has completed all requirements necessary in
order to obtain a place on the Priority List adopted by
the Town Council on October 9, 1974,
NOW, THEREFORE, BE IT RESOLVED, that Cedar Walk Subdivision
be placed on the Priority List in accordance with ssbm ission
date .
After explanation by Councilman Bange and considerable discussion, the
resolution was adopted by a vote of 4 to 2 , as shown:
Aye : Councilmen Bange , Newman, Titus and Mayor Hill.
Nay : Councilmen Ridder and Rock.
Discussion followed concerning the exact place of Cedar Walk on the
Priority List. It was pointed out that it would be placed between
Carrvale and Belmont in accordance with its submission date of June
21, 1973 . Also discussed was whether those on the Priority List
should be notified of the change. On motion of Councilman Titus ,
seconded by Councilman Newman, the following resolution was- pro-
posed:
BE IT RESOLVED, that all people on the Priority List as
adopted on October 9, 1974 be provided a copy of the List
as amended on November 13 , 1974, and to strike the last
column on the amended list.
The resolution was adopted by a vote of 5 to 1,• as shown:
Aye : Councilmen Bange, Newman, Ridder, Titus and Mayor Hill.
Nay: Councilman Rock.
On motion of Councilman Bange , seconded by Councilman Ridder,
the following resolution was proposed :
WHEREAS, plans have been prepared on the Fisher-Bishop
storm sewer line running from Edwards Ferry Road to Route
7 , and
WHEREAS, storm sewer easement previously secured from
Donald and Nellie Mae Fisher has expired, and
107
MINUTES OF NOVEMBER 13 , 1974 MEETING.
WHEREAS; Mr. and Mrs . Fisher are not agreeable to extending
the date of the storm sewer easement, and
WHEREAS, Mr. and Mrs . Fisher have requested that the align-
ment of the storm sewer be• placed on the property of Mrs.
Spates , an adjoining property owner, and
WHEREAS, the placing of this storm sewer line on the prop-
erty of Mrs . Spates is agreeable to her, •
NOW, THEREFORE, BE IT RESOLVED, that Dewberry, Nealon and
Davis be requested to correct the construction plans to J''
show the sewer line on the property line between Fisher and
Spates , or to be placed on the Spates property at such lo-
cation agreeable to Mrs . Spates , and
BE IT FURTHER RESOLVED, that the Town of Leesburg is agree-
able to the alignment change , contingent upon the dedication
of a permanent and construction easement from the property own-
- so affected.
After some little discussion, the resolution was adopted by a vote of
4 to 2, as shown:
Aye : Councilmen Bange, Newman, Ridder and Mayor Hill.
Nay : Councilmen Rock and Titus.
On motion of Councilman Titus, seconded by Councilman Rock, the
following resolution was proposed and unanimously adopted, as shown
below:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that the Town Manager is hereby directed to notify the owners
of the property bounded by Dick A. Richards , Huntland Homes ,
Section 1, Davis Avenue, et als to clean up their property,
as required by the Town Code .
Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay : None.
Mayor Hill called a recess at 10 :48 P.M. , with Council resuming
session at 10:53 P.M.
Councilman Titus called to Council ' s attention the fact that the
Town is being sued by the owner of "Uncle Abe 's Pizza Parlor. " Town
Manager Ritter explained the circumstances leading to this suit, this
resulting from the fact that a water meter could not be installed for
the individual involved since the building is owned by another party.
On motion of Councilman Titus , seconded by Councilman Ridder, the
following resolution was proposed and unanimously adopted, as shown
below:
BE IT RESOLVED, that the Town Attorney is hereby authorized
to defend the Town in the case of Ibrahim Zarou vs . C. Her-
bert, Pearson, Members of the Town Council , the Town Attorney and
James W. Ritter, Town Manager.
Aye: Councilmen Bange , Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay : None.
On motion of Councilman Titus , seconded by Councilman Rock, the
following resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED, that the Town Manager is hereby authorized
to send the recommended letter from Mr. Harry Burt of Daniel
A. Robinson & Associates to Gerard Giordano, Jr. , Esquire of
Reed, McCarthy and Giordano, 70 Pine Street, New York, New
York.
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor
Hill.
Nay : None.
108
MINUTES OF NOVEMBER 13 , 1974 MEETING. -
On motion of Councilman Titus , seconded by Councilman Ridder,
Council voted unanimously to go into executive session to discuss a
legal matter. This was at 11 :01 P.M.
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Council resumed session at 11 :18 P.M. , with no action being taken.
On motion of Councilman Titus , seconded by Councilman Ridder,
the meeting was adjourned at 11: 18 P.M.
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Clerk of e Council
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• DANIEL A. ROBINSON & ASSOCIATES
i - Certified Public Accountants
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DANIEL A. RomMON. C.P.A. . 604 NATIONAL BANK BUILDING
WarnE. ROB, C.P.A. CHARLOTTESVILLE, VIRGINIA 22901 MEMBERS
DANIEL A. ROBINSON. JL, C.P.A. CHARLOTTESVILLE, INSTITUTE OP
A' FuNns D. BOWMAN, C.P.A. TELEPHONE 2967145 CERTIFIED PUBLIC ACCOUNTANTS
November 8, 1974
Honorable G. Dewey Hill •
Town of Leesburg .
Leesburg, Virginia 22075
Dear Mayor Hill:
This letter is in response to. a request from Councilman Titus
made at. a meeting concerning water system construction on November 7,
1974.
The following course of action is •recommended with regard to
the water system project:
1 . A letter be sent to Reed, McCarthy and Giordano
explaining the situation. It should request the
opinion of bond counsel regarding the validity
under the bond resolution of the construction
program, and any effects there may be on future
options for the Town.
- Such a letter has been drafted for Mr. Ritter' s
signature, and will be presented to Council
on November 13 .
2 . Detailed cost estimates be prepared for the portion
of the project contemplated for immediate construction.
- The engineer stated that such estimates would be
available in about two weeks as they are being
prepared for the construction bid package.
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3 . The status of the HUD grant be determined and a
commitment to a payment schedule be secured if
possible.
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Page Two
November 8, 1974
Honorable G. Dewey Hill
Town• of Leesburg
4 . A plan be prepared for Council consideration that
projects the time the permanent source of supply
and treatment plant need to be constructed.
- The General Plan, the engineering aspects and
the financial considerations should be closely
coordinated in this effort.
5. The 5-Year Water and Sewer Financial Plan be revised ,
to reflect the new system plan with rates and charges
being established to carry the expenses .
- Provision for inflating the costs should be
included since a very substantial construction
expenditure can be expected several years into
the plan time frame .
I would propose that our firm could assist in this process
as we have performed the financial planning on which current
rates are based and much of the current basic information is
readily available to us. Specific areas in which we would
propose to assist are Item 4 working closely with the Engineers
and Town Planner, and Item 5 working with the Town Treasurer.
An appropriate vehicle to perform necessary work would be the
Rate Study task order, which I understand is being held open
pending resolution of the administrative and policy issues
regarding water and sewer programs . It is difficult to estimate
the amount of our effort that would be involved in Item 4, but
it should be in the 30 to 50-hour range.
It is estimated that Item 5 should take less than 100 hours
once the system construction timing and grant status is known.
Page Three •
November 8, 1974
Honorable G. Dewey Hill
Town of Leesburg
We look forward to working with you should you desire
our assistance and would be happy to furnish any additional
information that may be requested.
Best regards,
DANIEL A. ROBINSON AND ASSOCIATES
by: /#1427 /e 6,4z-
Principal
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EXHIBIT A
INTER-OFFICE MEMO
TO: J. W. Ritter, Jr. , Town Manager
FROM: J. F. Chaves, Director of Public Works
DATE: November 4, 1074
SUBJECT: Huntland Hones
After an inspection this morning I found that the following repairs
ought to be made before the job is approved.
1.- Paint rpund cover and angle iron on a catch basin (Storm sewer)
on Davis Ave. Also paint cover of Storm Sewer manhole on Davis
Ave.
Est. Cost: $25.00
2.- Replace last section of sidewalk at West end, 313" x 4'0", it
has been cracked by some heavy equipment.
Est. Cost : $30.00
3.- Replace 2 - 10' sections of Curb and Gutter that have settled
more than E". One in front of #117 and another in front of
#127. 20 Lineal feet of C&G
Est. Cost : $150.00
4.- Finish paving in front of development, 230' x 7' or 1610 Sq Ft
equal to 180 Sq. Yds. plus or minus .
180 Sq. Yds. will use approx. 16.2 tons of S5 at 1.5" of thic-
kness. At the price "Tri-County Asphalt" charged us this sum-
mer ($17.20) it will total $278. 64 we can add to this price a
20% increase because of the small amount and also because we
may not he able to do the job this year.$278.64 / 55.73= $334.37
#1 $ 25.00
#2 $ 30.00
#3 $150.00
#4 $334.37
TOTAL: $539.37
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EXHIBIT B
INTER-OFFICE MEMO
TO: J. W. Ritter, Jr, Town Manager
FROM: J. F. Chaves, Director of Public Works
DATE: November 12, 1974
SUBJECT: Huntland Homes
In compliance with the request of .the Public Works Committee of
the Council I am estimating approximate cost of paving parking
areas and driveway entrance at Huntland Homes.
Stone base is in place all that is needed will be to prime the
surface and place 2" of S5.
Total area to be paved : 2, 190 Sq. Yds.
262.3 Tons of S5 will be needed at $17.2 per ton = $4, 520.16
Adding 20,% for increase in price if job is not done today:
$4, 520. 16 / $904.03 = $5,424. 19
Total: $5,424. 19
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• EXHIBIT C
TOWN OF LEESBURG
. INTER-OFFICE MEMORANDUM
T0: Mr. J. 2#: Ritter, Jr.
Town Manager. -
FROM: Mervyn C. Timberlake, Jr. ( -I
Treasurer
DATE: November 13, 1974.
SUBJECT: K & M Construction Co. •
(now C & M Construction Co.)
The following amounts are owed to the Treasurer' s
Office of the Town of Leesburg-by K & M Construction Co.
(now C & M Construction Co.) :
K & M Personal Property
1974 Tax 125. 50
1973 Tax plus interest
through 11/30/74 163.66 289.16
C & M Real Estate
1974 Taxes:
Valley View 48D16A(L6-19) 251 .70
Huntland Homes Sec.1 Pcl A 8.10
" 1 Pcl B 11 .30
" 1 Lot 1 129.40
" 1 " 2 121.50
" 1 " 3 121 . 50
•" " "' 1 " 4 121.50
" " 1 " 5 121 .50
• " " 1 " 6 121.50
" " 1 " 7 121 . 50
" " 1 " 8 131 .40
" " 1 " 9 12.00
" " " 1 " 10 10.00
" 1 " 11 10.00
" 11
" 1 " 12 10.00
It " " 1 " 13 10.00
" 1 " 14 10.00
" 1 " 15 10.00
" " 1 " 16 10.00 1,342.90
3dx s�c*±ts$ x$a�t3xx 1,632 .06
Xztx$x $$,588
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EXHIBIT D
INTER-OFFICE MEMO
TO: Mr. J. W. Ritter, Jr.
Town Manager /
FROM: Mervyn C . Timberlake, Jr .
Treasurer -
DATE: November 13 , 1974
SUBJECT:K & M Construction Co.
(now C & M Construction Co. )
The following amounts are owed to the Treas-
urer 's Office of the Town of Leesburg by K & M Con-
struction Co. (now C & M Construction Co.) :
Unpaid Utility Bills
Lot 1 $22.00
Lot 2 22 .00
Lot 3 22.00
Lot 4 22.80
Lot 5 22.80
Lot 6 24.40
Lot 7 26 .00
Lot 8 26 .00 $188 .00
In 4
RECOMMENDED LETTER TO BOND COUNSEL-
Gerard
OUNSELGerard Giordano, Jr., Esq.
Reed, McCarthy and Giordano -
• 70 Pine Street
New York, N. Y.
Dear Mr_ Giordano:
Council has authorized me to request your opinion regarding ., . ,
our contemplated water construction. program which 3s to'be --
financed in part by the proceeds of Town of Leesburg-Water and
Sewer Bond of December 15, 1972. ' The situation is this:
- The contemplated construction consists of a storage
tank and transmission line which were included in
the project as defined in the bond resolution;
- Costs have escalated to the point that only this
portion of the project can now be constructed with
the funds available;
- The tank and transmission line will be connected
to the existing water system and provide system
storage that is presently needed.
- Council intends in the interim to augment the present
sources of supply by drilling one or more additional
wells and is investigating other sources of supply.
- Augmentation of the supply will accommodate growth
• in the interim period and will be financed from other
funds than the bond proceeds.
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. ' ' RECOMMENDED LETTER TO BOND COUNSEL
Page Two r
Gerard Giordano, Jr. , Esq.
Reed, McCarthy and Giordano . -
Council will continue to set rates, fees and charges=-
to support the operating expenses and debt service
for the system.
We request your opinion regarding these questions: - '
o Can weproceed with :the construction program as
outlined above under the bond resolution?
o Will the exclusion of the issue from the debt limit
be jeopardized by these actions?
s Will our ability to finance the remainder of the
project through a future bond issue be -legally
impaired by these actions? -
We sincerely appreciate your assistance in this matter. .
If any further information is needed, please contact me.
Very truly yours,
James C. Ritter, Town Manager
HRB
TAD AccnI.