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HomeMy Public PortalAbout1975_03_12 191 MINUTES- OF-REGULAR-MEETING OF LEESBURG TOWN COUNCIL,- MARCH- 12, 1975. -A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, -Virginia on March 12, 1975 at 7 :30 P.M. The meeting was called to order by Mayor Pro-Tem Titus, with the prayer being offered by Councilman Rock, followed by the Salute to the Flag. Present were : Mayor Pro- .Tem Titus, Councilmen Charles E. Bange, Mary Anne Newman, Herbert L. Ridder and James A. Rock; also Town Manager E. Wesley Devero and Town Attorney George M. Martin. Absent from the meeting were Mayor G. Dewey Hill and Councilman Robert A. Orr. The Minutes of Special Meeting of February 24, 1975 were approved as submitted. The Minutes of Regular Meeting of February 26, 1975 were corrected and changed as follows : Page 176, next to last line, change "bikes" to "motorcycles." Page 177 , Resolution in the middle of the page, changed to read: "that Charles E. Bange be appointed to the Planning Com- mission." Page 178, Item (1) of Mr. Hawthorne 's report, change"well diggers ' to read "wells." • These Minutes were then approved as corrected. The following proposed ordinance was read for information: -BE IT ORDAINED, that Subsection (3) of Section 11-19, Fees for Collection, of Article III, Collection by Town Contractor, of Chapter 11, Garbage and Trash, of the Code of the Municipality of Leesburg, Virginia be and . it is hereby amended to read as follows : (3) For heavy commercial garbage, over 4 cubic yards per month, there shall be a charge of $5 .00 per month. Mr. Gerald Smith, spokesman for a group of downtown businessmen, asked how the Town arrives at the charge made for heavy trash pick-up, citing as an example his own bill, where he was charged $6.00 to $9.00 for three months and then the charge for the next three months was $70.00. This does not seem fair for the amount of trash picked up. In his particular case, the month of December is a heavy month, _ but it would not seem fair to estimate the next three months on the basis of that heavy month. Acting Town Manager Devero explained that the Town 's contract hauler measures the cubic yards by the size and number of cans and reports this to the Town Office once a month. Councilman Titus said Mr. Pumphrey raised the question as to the qualifications of those measuring the amount of the trash, with par- ticular attention to the definition of "a cubic yard. " Councilman Rock felt that there is a problem as to how they measure a cubic yard, whether it is compacted or loose trash. Mayor Pro-Tem Titus said a lot of complaints have been received and it will have to be investi- gated thoroughly. Mr. John W. Pumphrey, t/a Jock's Exxon, said that "cubic yard" was not mentioned when Council discussed this fee last spring when he was a member of Council and recalled that he was a- gainst such a charge in the first place. He would like to see this considered in the Budget and put such charges back into the tax structure. He also felt that trash pick-up is a good selling point when annexation is considered in the future. Mr. Titus asked Mr. Timberlake if he could estimate a;tar rate.tthat:would generate ap- proximately $37 ,000 in revenue. Mr. Timberlake said approximately 25 cents personal property tax or 10 cents on each of personal prop- erty and real -estate. Mr. Pumphrey felt that this tax should be spread out so that everybody shares alike. Mr. Frank Raflo felt that measuring by the cubic foot or yard is a problem in that at times there are a number of large boxes with nothing in them; also, there are cases where two businesses share the same trash receptacle or location and, in such a case, how do they determine which is which. A charge based on $70.00 per quarter would equal double the present tax on a piece of property appraised-at $70,000. Coun- cilman Bange asked Mr. Raflo if he would suggest putting this charge into the tax structure. Mr. Raflo felt it would have to be evaluated 192 MINUTES OF MARCH 12,- 1975 MEETING: at the tine of the Budget hearings. He felt that most of the public would probably prefer it to be included in the tax Structure, which is deductible. If the fee is only $3.00 to $5.00, it is not a major item - it is only when the benefit ratio as applied to the -cost gets out of hand that it is a real problem. On motion of Councilman Bange, seconded by Councilman Newman, the resolution previously read was proposed. This matter was dis- cussed at length by Council members, with the feeling that it should go back to Committee for further study before anything definite _is done , and with the hope of having at least a temporary answer by the next Council meeting . The resolution was then unanimously defeated, as shown, and will be considered by the Public Works .Committee first, then sent on to the Finance Committee. Aye : None. Nay : Councilmen Bange , Newman, Ridder, Rock and Mayor Pro-Tem Titus . • Acting Town Manager Devero felt that the items on his Manager's Report were self-explanatory, however, he had several other items, as follows : (1) Investment of Town funds has been made as shown: $100,000 - Revenue Sharing for 180 days at 6.8 per cent. 140,000 - Potomac River Project for 180 days at 6.2 per cent. (2) Bids have been advertised on the Normandy Village Pump- ing Station. (3) He has ordered the evacuation of one of the buildings at the Town Shop due to the fact that the building is sink- ing and leaning . The equipment is housed in other struc- tures at the Shop. Councilman Titus asked about the Minor Glenn easement deed. Mr. Devero advised that it has been recorded and Perry Engineering has been notified. Mr. Chaves said Perry 's crew is ready to start clear- ing and all property owners have been notified. Councilman Rock asked that Item #5 on the Agenda, the Business License Ordinance, be referred back to the Finance and Administra- tion Committee for further consideration. Councilman Titus asked that Item #9 be sent back to the Public Works Committee. Also, he would like to repeal the ordinance having to do with trailers, however, since the full Council is not present tonight, this item will be deferred. Also, the Mayor has requested that Item #15 on the Agenda not be considered tonight, but it will be considered at the March 26 meeting. Mr. Jack Hawthorne of Johnson and Williams reported that speci- fications for the drilling of new wells have been delivered to Mr. Devero and Mr. Chaves for review. The services of a geologist have been secured, with his report to be received by tomorrow. He under- stands from the geologist that he recommends two well sites in the upper end of Town near Normandy Village, which could possibly negate the need for the booster pump station in this location. He suggested that, upon receipt of this report from the geologist, the staff re- view it, then proceed to secure the site, secure the necessaryHealth Department approvals (which should take no longer than a wee ) , ad- vertise for bids on drilling and award the contract. Councilman Ridder wondered if . there is any danger in a well at this location reducing the water table at Myers Well. Mr. Thosen did not feel that there would be any problem, however, Myers Well would be moni- tored during the testing of this proposed well. It was hoped that there would be a recommendation from Mr. Hawthorne for the Public Works Committee on Monday, and consideration by the full Council at its next meeting. It was pointed out that this would be a "test" well. 193 MINUTES OF MARCH 12, 1975 MEETING. - - - Tem - Mayor:. poJ Titus reported that the Public Works Committee dis- cussed the potential of serving the Middle School site on Evergreen Mill Road with water. The Committee felt they would like to serve the school if the School Board would permit time to make a determi- nation. Mr. Devero reported that he met with the School Board on Tuesday and they are ready to move immediately, a decision must be made now because of their completion date set for September 1976. He approached the Board with the fact that the Town needs time to study pressure problems and financial problems. They delayed action until next Tuesday, pending Council ' s decision. Mr. Chaves explained what would be involved in order to serve this school with water. This would include extending the line across the By-Pass, which should be done at this time while the Highway Department construction is under way. The matter of expansion of the water system was discussed at length, with Mr. Hawthorne joining the discussion. Mr. Devero re- ported on the financial position insofar as such a project is con- cerned and said the Town s share of this water line to the school site is about $200,000 . It was felt that priorities should be set for the entire program and that it is not practical to put in this line to serve the school at this time. On motion of Councilman Rid- der, seconded by Councilman Rock, the following resolution was pro- posed and unanimously adopted, as shown: • BE IT RESOLVED, that the School Board be advised that the Town of Leesburg will not be able at this time to furnish pipeline from its wells to the school site on Evergreen Mill Road, and BE IT FURTHER RESOLVED, that the School Board be advised that the Town of Leesburg is desirous of serving this school site when water is available for same. . Aye : Councilmen Bange; Newman, Ridder, Rock and Mayor Pro-Tem Titus. Nay: None. It was felt that the water line through the By-Pass construction should be considered at this time. Mayor Pro-Tem Titus asked Mr. Hawthorne to submit a proposal for plans and specifications on a water line from Valley View and Davis Avenues through the By-Pass project to the south side of the bridge, in accordance with the Water Study. To be included would be a preliminary engineering study for the construction of either an open ditch or a tunnel, approximate construction time and length of time to prepare the plans and specifications . All of this proposal is to .be submitted to the Public Works Committee by Monday, March 17th. Mr. Hawthorne said he would take care of this . Mr. Devero said he has an appoint- ment with Mr. Connock at the Highway Department on Friday and he will talk to him about this matter at that time. Mayor Pro-Tem Titus reported that the Finance Committee met with Mr. George Fletcher concerning the so-called road through his prop- erty. This is the alley Mr. Martin has determined belongs to the Town. It was felt that the Town should assert its rights so that it is on record that this alley belongs to the Town. Mr. Titus asked the Finance Committee to consider a resolution to this effect so that it might be forwarded to Mr. Fletcher. Mayor Pro-Tem Titus reported that Mr. Ridder, Mr. Devero and he met Friday a week ago to discuss the IGA Building. It was their recommendation to contact Mr. Peter Lueders concerning the work for the Town on this project. Mr.. Lueders was present, but he had no remarks at this time . Mr. Titus called attention to the resolution from the Planning Commission concerning the Committees of the Comprehensive Plan and asked the Finance and Administration Committee to consider this recom- mendation. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: 11 194 MINUTES OF MARCH 12, 1975-MEETING. WHEREAS, the Leesburg Garden Club and the Loudoun County Board of Realtors have offered to plant trees to replace some of those which have died or been removed for other reasons, or to plant trees in new locations within the Town for beautification, and have requested the assistance of the Town in this beautification project, NOW, THEREFORE, BE IT RESOLVED, that, in cooperation and coordination with this program, Town Forces will assist in the preparation for and planting of trees during the first week in April in the locations shown below: (1) In front of the Loudoun County Rescue Squad Building on Catoctin Circle ; (2) In front of the Post Office Building on Catoctin Circle ; (3) On South Harrison Street between Market and Loudoun Streets, and BE IT FURTHER RESOLVED, that the Town Council will endeavor to provide beautification through landscaping for the Town of Leesburg in the future. After explanation by Councilman Bange, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus. Nay: None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, the Council does desire to establish terms -of office for the members of the Airport Advisory Committee, NOW, THEREFORE, BE IT RESOLVED, that the terms of office of the present members of the Airport Advisory Committee shall expire on the following dates : James H. Chamblin June 30, 1975 • Milo Rumfelt June 30, 1976 C. Ronald Lowry June 30, 1977 John A. Wallace, Jr. June 30, 1978 and BE IT FURTHER RESOLVED that, at the first meeting of the Council in July of the year in which each member s term expires, the Council shall appoint a member to serve a four (4) year term, and FURTHER BE IT/RESOLVED, that a member of the Town Council shall be appointed to serve as liaison and his term of office shall be concurrent with his term on the Council, and BE IT FURTHER RESOLVED, that all members of the Airport Advisory Committee shall serve until their successors have been appointed. Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus. Nay: None. On motion of Councilman Rock, seconded by Councilman Ridder, the following resolution was proposed: WHEREAS, by resolution adopted November 27 , 1974, the Town Council did establish certain Rules and Regulations for the Management, Government and Use of the Leesburg Municipal Airport, Leesburg, Virginia (Godfrey Field) ; and 1 195 MINUTES OF MARCH 12, 1975 MEETING. WHEREAS, Chapter I, Section 6 , of said Rules and Regulations provides for the designation by the Airport Authority of com- mon use areas at said airport ; and WHEREAS, the Town Council, pursuant to Chapter I, Section I, of said Rules and Regulations by resolution adopted November 27 , 1974 , did designate the Airport Advisory Committee as the body delegated by the Town Council to maintain cognizance over the airport and its operations ; and WHEREAS, the said Airport Advisory Committee has designated certain common use areas which are as set forth in this reso- lution, NOW, THEREFORE, BE IT RESOLVED that, pursuant to designation by the Airport Advisory Committee, the following are hereby designated common use areas at the Leesburg Municipal Air- port (Godfrey Field) and, as such, shall be a part of the Rules and Regulations for said airport heretofore adopted by the Town Council : (1) The existing runway (2) All taxi-ways , aprons, ramps and turn-offs (3) Transient tie-down area (hereby designated as the front line of aircraft parking on ramp in front of administration building and nearest to runway) (4) Wind tetrahedron and segmented circle. After explanation by Councilman Rock, the resolution was unanimously adopted, as shown: Aye : Councilmen Bange, Newman, Ridder, Rock. and Mayor Pro-Tem Titus. Nay: None. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: WHEREAS, at the Town Council meeting held on February 13 , 1974, Council did release water and sewer taps to Leesburg Square for 7 commercial taps ; Rock Springs Heights, Sec- tion 2-C, for 13 townhouses; Exeter Hills, Section 3, for 21 single-family houses ; Loudoun Hills (portion of Section 2) for 26 townhouses and Scandia for 394 condominiums ; and WHEREAS, of the developments shown above, Rock Springs ' Heights started in November of 1974; Exeter Hills is about 95 per cent completed and Leesburg Square, Loudoun Hills (portion of Section 2) and Scandia have not started or continued construction within the past year; and WHEREAS, responses were received from the owners of the aforementioned projects, indicating that these taps would be used within the one-year period prescribed in the Statement of Priority adopted by the Council on June 13, 1973 ; and WHEREAS, at this time the Council is of the opinion that it is essential that the intention of the owners of the proj- ects not under construction or not having continued g'on- struction within the past year (Leesburg Square, Loudoun Hills (portion of Section 2) and Scandia) as to utiliza- tion of the water and sewer capacity released to them by action of the Council on February 13, 1974 be ascertained; NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is directed to advise the owners of the projects noted in the paragraph immediately above that the Council requests that they advise as to their intentions with regard to use of the taps and that a response to this resolution is required in writing by March 27 , 1975 and to include a copy of the resolution in each letter, and 196 MINUTES OF MARCH 12, 1975 MEETINS. BE IT FURTHER RESOLVED that, if -such response isnot re- ceived by that date, the Council will then determine whether to declare that such owners have forfeited the right to the water and sewer taps . It was reported by Mr. Forbes that Mr. Shor has advised that he ex- pects to go forward with his project in a colonial design, rather than Scandinavian. Mr. Titus read a letter from Mr. Spain, stat- ing that he also plans to go forward with his project in Loudoun Hills, even though he still protests the payment of fees. Mr. Titus said the Public Works Committee will be glad to discuss this matter with the owners if they desire to meet with the Committee at its next meeting or after a response is received. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus . Nay: None . On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that a Bond for Faithful Performance shall be secured for the Town Fire Marshal. Discussion revealed that this type of bond is not required for the Fire Marshal, but one which will protect him for false arrest or similar acts in connection with his duties. On motion of Councilman Bange, seconded by Councilman Ridder, Council voted unanimously, as shown, to refer this matter back to the Finance Committee to check this out with the insurance agent: Aye: Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus. Nay: None . On motion of Councilman. Newman, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that Moore, Clemens & Company is hereby authorized to increase fire and burglary insurance on the contents of the Town Office Building from $15,000 to $50,000, effective March 7 , 1975. • Mr:. Devero explained this coverage and there was considerable discus- sion. It was felt that this matter should be investigated further and, on motion of Councilman Newman, seconded by Councilman Rock, Council voted unanimously to refer this matter back to Finance Com- mittee for further study, as shown: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus. Nay: None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed and unanimously adopted by roll call vote, as shown: BE IT RESOLVED, that the following appropriations be made: $ 5,365.70 - Perry Engineering Co. - Lowering 6" and 4" water main adjacent to Route 15 South in front of Phillips Motel - 1971 Bond Issue. 535. 98 - Shaffer Equipment and Supply Co. - Paint Marker - Utility Fund-Acct. #800.907 . 2,596. 12 - Yount, Hyde & Co. , Accountants - Supplemental appropriation-Acct. #200. 104. 25,000.00 - Phillips Machinery, Inc. - Front-end Loader - Revenue Sharing Fund. 197 MINUTES OF MARCH 12, -1975 MEETING. - $ 1,318.75 - Bengtson-DeBell, Inc . , Consulting Engineers - Storm Drainage Plan - General Fund-Acct. #800. 914. . 6,130.00 - Bengtson-DeBell, Inc. , Consulting Engineers - Infiltration/Inflow Analysis - Acct. #1300.903. Aye: Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus. Nay: None. 11On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: WHEREAS, a letter dated February 10, 1975 from Mr. William A. Boyd, Sub-Committee Chairman, Directional Signs, of the Tourism and Economic Development Committee, was received, requesting that certain directional signs be installed at different intersections in the Town, and WHEREAS, a study was conducted of the different locations and of the signs by the Public Works Committee, NOW, THEREFORE, BE IT RESOLVED, that the Town Council ap- proves the installation of the following signs : (1) Museum, Morven Park and Hospital, facing traffic moving west on Market Street at the intersection with Loudoun Street (east triangle) ; (2) Museum, Morven Park, Hospital, facing traffic mov- ing east on Market Street at the intersection with Loudoun Street (west triangle) . After explanation by Councilman Bange, the resolution was unanimously adopted, as shown: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus . Nay: None. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, a letter has been received from Hand Properties, Inc . with reference to construction of improvements on Gibson Street, and signed by Mr. John D. Alderman as Secre- tary-Treasurer, enclosing copies of bills submitted to Hand Properties by the Town and by Gull Corporation, and WHEREAS, Hand Properties, Inc. considers that payment of Gull Corporation 's bill releases their obligation towards the Town, and WHEREAS, the Town considers that Gull Corporation's bill and the bill rendered by the Town are for two entirely different items, NOW, THEREFORE, BE IT RESOLVED, that the Town considers proper and outstanding the bill rendered Hand Properites, Inc . on November 6, 1974 and requests that payment of same be made. Aye: Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus. Nay: None . On motion of Councilman Rock, seconded by Councilman Newman, the following ordinance was proposed: 198 MINUTES OF MARCH 12, 1975 MEETING. BE IT ORDAINED, that Section 25-25 . 1, Deposit for Accounts, of the Code of the Municipality of Leesburg, Virginia be and it is hereby repealed, and BE IT FURTHER ORDAINED, that the following Section 25-25 . 1, . Deposit for Accounts, be and it is hereby adopted, effec- tive April 1, 1975 : Sec. 25-25. 1. Deposit for Accounts • • The Treasurer will require of any new water accounts that serve residences, small commercial users and heavy commercial users, a cash deposit as follows : A. Residences and small commercial users : (1) Non-Owner of the Premises, Property located within the Town Limits . The deposit shall be Thirty Dollars ($30.00) . (2) Non-Owner of the Premises, Property located out- side the Town Limits . The deposit shall be Forty-five Dollars ($45.00) . (3) Owner of the Premises, Property located outside the Town Limits . The deposit shall be Forty-five Dollars ($45 .00) . B. Heavy Commercial Users : (1) The deposit shall be based on 100 per cent of the charge for the estimated quarterly usage. The deposit will be refunded, without interest, when service has been discontinued, after deducting any charges due on final settlement of the customer's account . There was lengthy discussion on this ordinance, with particular at- tention to the fact that this covers water only and perhaps some provision should be made to increase the deposit to cover sewer. On a roll call vote, as shown, the proposed ordinance was defeated: Aye : Councilman Ridder. Nay: Mayor Pro-Tem Titus . Abstention: Councilmen Bange, Newman and Rock. On motion of Councilman Rock, seconded by Councilman Newman, the following Ordinance was proposed: BE IT ORDAINED, that Section 25-27 , Bills Payable within Thirty Days ; Service Discontinued, of the Code of the Municipality of Leesburg, Virginia be and it is hereby repealed, and BE IT FURTHER ORDAINED, that the following Section 25-27 , Bills Payable within Thirty Days ; Service Discontinued, be and it is hereby adopted, effective April 1, 1975 : Sec . 25-27 . Bills Payable within Thirty Days ; Service Discontinued. Water bills are due and payable within thirty days from date of billing . A final notice shall be mailed, to- gether with a second billing, at the end of thirty days from the date of billing, and water service will be :dis- continued if not paid in full within ten days from date of notice. • After explanation by Mr. Timberlake, Treasurer, the ordinance was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus . Nay: None. 199 MINUTES OF MARCH 12,- 1975 -MEETING. On motion of Councilman Rock, seconded by Councilman Newman, the following ordinance was proposed: - - BE IT ORDAINED, that Section 15-43, Public Dances - Police Protection, of the Code of the Municipality of Leesburg, Virginia, be and it is hereby repealed. This was explained by Councilman Rock and the ordinance was unani- mously adopted, as shown: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus. Nay: None. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: WHEREAS, a request has been received from Dr. Randall L. Harrington for a parking space in the Municipal Parking Lot, NOW, THEREFORE, BE IT RESOLVED that, until such time as Dr. Harrington has a permanent full-time office in the Town of Leesburg, a parking permit shall be issued to him for use in the Municipal Parking Lot. This was explained by Councilman Bange. Also discussed was the fact that it is Council ' s intention to consider elimination of all park- ing on Wirt Street between Market and Loudoun Streets. Mr. Devero was directed to place this item on the Public Works Agenda for the next meeting. The resolution above was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Ridder, Rock and Mayor Pro- Tem Titus. Nay: None. On motion of Councilman Ridder, ::seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, by the Council for the Town of Leesburg, Virginia, that the Town Manager be and he is hereby author- ized and directed to have published in the Loudoun Times- Mirror on March 20 and 27 , 1975 , the following: PUBLIC NOTICE Notice is hereby given that a Public Hearing will be held by the Leesburg Town Council on April 9, 1975 at 7 :30 P.M. in the Council Chambers, 10 West Loudoun Street, Leesburg, Vir- ginia, to consider a proposed amendment to the Leesburg Zon- ing Ordinance. Said proposed amendment is to provide for a district to be designated "MC" Medical-Hospital Center District. Copies of the proposed amendment to the Zoning Ordinance teak and delineation of the proposed district on the Zoning Map may be examined in the Planning and Zoning Office, 15 West Mar- ket Street, during regular business hours. At this hearing, all interested persons desiring to express their views pertinent to said amendment will be heard. By : G. Dewey Hill, Mayor Town of Leesburg Mr. Forbes explained that this hearing will be held on the original proposal, it cannot change until after it is heard by Council. After that, Council may follow the Planning Commission 's recommendation or do whatever they like . The resolution was unanimously adopted, as shown: Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus. Nay: None. - 200 MINUTES- OF MARCH 12, 1975 MEETING. A recess was called at 10:04 P.M. , with Council reconvening at 10:18 P.M. On motion of Councilman Ridder, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the Town Manager be authorized to mail the attached "Suggested Letter" to State of Maryland, De- partment of Water Resources, for renewal of two permits. in the letter After explanation by Mr. Devero and one slight change/noted by Councilman Ridder, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus. Nay: None. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: WHEREAS, the Town of Leesburg is constructing a storm drain along the west property line at the Leesburg Middle School, and WHEREAS, the Loudoun County School Board has requested that a fence be erected along the paved drainage ditch, NOW, THEREFORE, BE IT RESOLVED, that Lee Fence Company, Inc. is hereby authorized to install a 9-gauge chain link fence 270 feet in length and 48 inches high, with three terminal posts 22 inches outside diameter, at a cost of $862.00, and BE IT FURTHER RESOLVED, that this installation shall begin after completion of the drainage structure . After explanation by Councilman Bange, and discussion by Council, the resolution was unanimously adopted, as shown: AYE: Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus. NAY: None. • On motion of Councilman Bange, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED! that the Town Manager is hereby authorized to write the City Manager of Fairfax City concerning the possibility of obtaining water for use by the Town of Lees- burg, as an alternative source, and to provide information requested by the City Manager of the City of Fairfax. After discussion, the resolution was adopted by a vote of 4 to 1, as shown: • Aye: Councilmen Bange, Newman, Ridder and Rock. Nay: Mayor Pro-Tem Titus. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that Performance Bond submitted by Perry Engineering Company is .hereby accepted by the Town Council for the construction of a storm sewer from Edwards Ferry Road to the Pizza Hut (Fisher-Bishop) , a paved open ditch acress the School Board property and through the Minor Glenn Estate and relocation of a 6-inch sanitary sewer serving the Middle School. • After discussion, the resolution was unanimously adopted, as shown: Aye: Councilmen Range, Newman, Ridder, Rock and Mayor Pro-Tem Titus. Nay: None . 201 MINUTES OF MARCH 12, 1975-MEETII . On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: WHEREAS, the Virginia Municipal League entered into negoti- ations with the Virginia Association of Counties and Vir- ginia. Electric and Power Company, and WHEREAS, an "Agreement for the Purchase of Electricity" has been reached as a result of these negotiations, and WHEREAS, four (4) copies of the "Agreement for the Purchase of Electricity" have been submitted by Virginia Electric and Power Company, and WHEREAS, the term of this Agreement shall be from July 17 , 1974 through June 30, 1976, and WHEREAS, this Agreement cancels and supersedes all previous Agreements between the Town of Leesburg and Virginia Electric and Power Company effective July 17 , 1974, NOW, THEREFORE, BE IT RESOLVED, that the Mayor is hereby authorized to sign the four (4) copies of said Agreement and return to Virginia Electric and Power Company, after approval by the Town Attorney. After explanation by Mr. Devero and discussion, the resolution was adopted by a vote of 4 to 1, as shown: Aye: Councilmen Bange, Newman, Ridder and Rock. Nay: Mayor Pro-Tem Titus . Town Attorney Martin recommended a change in the resolution concern- ing acceptance of the Performance Bond submitted by Perry Engineering Company for the Fisher-Bishop storm sewer project. On motion of Councilman Ridder, seconded by Councilman Newman, Council voted unani- mously to reconsider this resolution. On motion of Councilman Ridder, seconded by Councilman Newman, the following was proposed and unani- mously adopted; as shown: • BE IT RESOLVED, that Performance Bond and Labor and Mater- ial Payment Bond submitted by Perry Engineering Company is hereby accepted by the Town Council for the construction . of a storm sewer from Edwards Ferry Road to the Pizza Hut (Fisher-Bishop) , a paved open ditch across the School Board property and through the Minor Glenn Estate and relocation of a 6-inch sanitary sewer serving the Middle School. Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Pro-Tem Titus. Nay: None. On motion of Councilman Bange, seconded by Councilman Ridder, Council voted unanimously to go into executive session at 10:43 P.M. to discuss legal matters. Council reconvened at 11 :08 P.M. No action was taken. On motion of Councilman Bange, seconded by Councilman Newman, the meeting was adjourned at 11:09 P.M. S / /, ' ik" rte/ Ck of e Council