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HomeMy Public PortalAbout1974_11_13 y iF+w 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. • 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. . • AL 11 i or Clerk of e Council • • DANIEL A. ROBINSON & ASSOCIATES i - Certified Public Accountants • 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. • 3 . The status of the HUD grant be determined and a commitment to a payment schedule be secured if possible. • r Li/7 eT ///�9S. • • ti • 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 • `4 ' a 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 • 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: $5,424. 19 • • • EXHIBIT C TOWN OF LEESBURG . INTER-OFFICE MEMORANDUM T0: Mr. J. 2#: Ritter, Jr. Town Manager. - FROM: Mervyn C. Timberlake, Jr. ( -I Treasurer DATE: November 13, 1974. SUBJECT: K & M Construction Co. • (now C & M Construction Co.) The following amounts are owed to the Treasurer' s Office of the Town of Leesburg-by K & M Construction Co. (now C & M Construction Co.) : K & M Personal Property 1974 Tax 125. 50 1973 Tax plus interest through 11/30/74 163.66 289.16 C & M Real Estate 1974 Taxes: Valley View 48D16A(L6-19) 251 .70 Huntland Homes Sec.1 Pcl A 8.10 " 1 Pcl B 11 .30 " 1 Lot 1 129.40 " 1 " 2 121.50 " 1 " 3 121 . 50 •" " "' 1 " 4 121.50 " " 1 " 5 121 .50 • " " 1 " 6 121.50 " " 1 " 7 121 . 50 " " 1 " 8 131 .40 " " 1 " 9 12.00 " " " 1 " 10 10.00 " 1 " 11 10.00 " 11 " 1 " 12 10.00 It " " 1 " 13 10.00 " 1 " 14 10.00 " 1 " 15 10.00 " " 1 " 16 10.00 1,342.90 3dx s�c*±ts$ x$a�t3xx 1,632 .06 Xztx$x $$,588 r 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. x _ i • • i7 . ' ' 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.