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HomeMy Public PortalAbout1975_06_11 52 MINUTES OF-REGULAR-MEETING OF LEESBURG TOWN COUNCIL, JUNE 11, 1975 . A regular meeting of the Leesburg Town Council was held on June 11, 1975 at 7 :30 P.M. in the Council Chambers, 10 West Loudoun Street, Leesburg , Virginia. The meeting was called to order by the Mayor, with Councilman Orr offering the prayer, followed by the Sa- lute to the Flag. Present were : Mayor G. Dewey Hill, Councilmen Charles E . Range, Mary Anne Newman, Robert A. Orr, Herbert L. Ridder, James A. Rock and C. Terry Titus ; also Acting Town Manager E. Wesley Devero and Town Attorney George M. Martin. The Minutes of May 14, 1975 and a special meeting of May 19, 1975 were approved as written. The Minutes of May 28, 1975 were cor- rected by Councilman Titus , as follows : Page 42, first line of Item (6) at the bottom of the page - The word "acquiescense" should read "acquisition." Page 49, the last vote on the page should read "The resolution was then adopted, as shown : Aye : Councilmen Bange, Newman, Titus and Mayor Hill Nay : Councilman Ridder. " These minutes were then approved, as corrected. Councilman Rock commented on the fact that there was not a quorum for the meeting called by the Mayor for June 9, 1975 . Mayor Hill stated that the Planning Commission recently had the same problem. Councilman Titus had the following items : (1) He asked Council to express its opinion on the street light- ing requested on South Catoctin Circle. He felt that this is a rather large project and he questioned whether or not all of it needs to be done at this time . He said that Dry Mill Road was the next project to be done. Councilman Rock felt that the only place a light was needed at this time is in front of the Rescue Squad Building. (2) He was surprised to see the Revenue Sharing Proposed Ex- penditure and Plan Use Report advertised in the newspaper without Council having directed that this be done. He felt . that Council has the authority to have this done and, if the Federal Revenue Shar- ing requires this , then tonight would probably be the last time to act on it. Mr. Devero said he had brought this to the Finance Com- mittee ' s attention and it will be before Council in another six months. The Plan- UseiReport does not require that this be directed by Council, it is to generate public interest in this Revenue Sharing. If Coun- cil desires to take this action, this is fine with him. (3) He asked the status of the paving at the Rescue Squad Build- ing. The manhole has been raised by the Town and he felt this parking should be put in. If off-street parking is provided and all parking is removed from Catoctin Circle, the Town can obtain maintenance money from the Highway Department. Councilman Bange said he had been told that the Rescue Squad was dumping and filling in the back portion of this lot aid were told to stop because it was in the flood plain. Councilman Newman had received a complaint about tall grass that should be cut at the corner of Loudoun Street and Dry Mill Road. Mayor Hill requested Council members to notify the Town Office if they cannot be present for a call meeting, so that the meeting may be called off if there is not going to be a quorum. Mayor Hill opened the Public Hearing on the Budget and Tax Levy at this time, stating that both have been properly advertised in the newspaper. • Mr. David Greene , representing a committee to .build a Community Center in Leesburg, thanked Council for appearing before the Board of Supervisors in support of their $25,000 budgeted for this pur- pose. He said this committee .is now preparing an analysis of what families want in this community center. He thanked Council for in- cluding $10,000 in their Budget for such a purpose if the committee is successful in this endeavor. 53 MINUTES OF--JUNE 11, 1975 MEETING. . - - Mr. Eugene Barber asked for an explanation of Other Local Taxes in the Summary of Revenues for 1975-1976 . Mayor Hill explained that, as of July 16th of this year, the Town will be accepting into its revenue system a utility tax that has been collected by the County in the past, and to which . the Town is entitled. This is not another tax, but the same amounts that have been paid by the taxpayers on utilities to the County. This is estimated to be an additional $150,000. The $31,000 is a bank stock tax, which the Town has been collecting in the past, and this makes up the $181,000 to which Mr. Barber referred. Mr. Summerfield Tillett asked if the garbage and trash charge would be taken oft of the utility bills in light of this utility tax. Mayor Hill said it is the intent of Council to repeal this charge, hopefully. ' Mayor Hill explained that the Budget this year is more detailed and informative than it has been in the past. He said a copy may be obtained at the Town Office by interested parties. Mayor Hill declared the Public Hearing on the -Budget closed at this time and opened discussion to Council members . Councilman Titus thought there was an item budgeted for the Board of Architectural Review for a Seminar to be held this summer at Oatlands on historical preservation and restoration. Mr. Devero stated that dues and subscriptions had been raised from $25.00 to $150.00 - this would take care of this Seminar. . Councilman Titus hoped that Council would include an amount of $15,000 for the Capital Improvements Program in view of the fact that the 701 Grant is in the amount of $8,000 and is for historic preservation. Mr. Devero explained that this amount would be. . $12,000, this including the Town ' s matching share of $4,000. He further -explained that this. $12,000 could be included in the $25,000 proposed expenditure under Operations and Maintenance, De- ll partment of Community Development, thus leaving $13,000 for the Capital Improvements Program. By general consent of the Council, - the Budget was changed to reflect this change on Page 16, Account Code No. 265 - this amount reading $27 ,000. _ Councilman Rock was opposed to the manner in which the Utility Tax was handled - he would have preferred that this amount be added to, Personal Property taxes, where it would have been -tax deductible by the taxpayer. A Public Hearing on Amendments to the Subdivision and Zoning Ordinances was opened by Mayor Hill at this time. Mr. Forbes ex- plained that these proposed amendments will provide that the pro- _ rata share of off-site improvements will be paid by a developer or a subdivider. This has been a policy of the Town for some time. Mr. - John A. Wallace, co-owner of Leesburg 'Plaza. Shopping Center, stated that he had previously written a letter to Council concerning these proposed amendments . He felt that it is- not fair to make the developer the sole payee of these expenses when many other factors are involved. He felt that the Town should assume its pro-rata share of these costs for the area included in already developed watersheds. If the entire cost is thrown at the developer, then he has to pass these costs on and this increases inflation. A developer builds for the public need and the Council is supposed to protect the public. Councilman Titus pointed out that Section 9B-3 (c) provides for the Town to take care of its share at the time of construction. This can only be done through the CIP or through an escrow fund. If the Town changes the zoning on any area not developed as the Comprehensive Plan shows, then it does, in fact, make a difference in the cost. Mr. Titus said he agrees with Mr. Wallace that a registered profes- sional engineer should make these computations. A study is under way to require this and it will be up-dated every six months. Mr. Wallace asked how long the Town expects to keep this money. Mr. Titus said it will 'come out when the Town constructs its part of the project. Mayor Hill asked Mr. Wallace if he feels that this off-site charge is improper. Mr. Wallace 'said he thought everybody 54 MINUTES OF JUNE 11, 1975 MEETING. . should be responsible for paying for the development of storm drain- age on his own site, but he feels the off-site drainage is the gene- ral taxpayer' s problem, not just that of the developer. He felt that the portion of any land that is in a flood plain should be com- puted - you don ' t build in a flood plain. Councilman Rock said it should be computed on the basis of the worst possible thing that could happen in the development of the watershed. Mr. Wallace felt that a builder should not be allowed to build in an area where there might be flood damage. He felt that a 100-year storm drainage would be a sufficient level to use. Mayor Hill said there is a flood plain study delineating this area and they will attempt to follow this in- sofar as zoning is concerned. Mr. Wallace still felt that the de- veloper should pay for his own land, but not for somebody else ' s. He felt that a buyer should be aware of the fact that his land might be in the flood plain area, and should avoid buying land in such an area. Councilman Ridder pointed out that the man who develop;s,i up- stream causes problems for the man downstream. He did not feel it is fair for the man downstream to have to pay for these problems created by the man upstream. He felt the developer should pay his fair share of the increase in run-off that he is creating by his own development. Mayor Hill said he had read Mr. Wallace 's letter with great interest, although he does not agree with it. As to Mr. Wallace ' s comments in his letter concerning a reduction in a- vailability fees , Mr. Titus pointed out that the Town does have to pay for a portion of its new sewage treatment plant, and the Town has not abandoned completely its plans to go to the Potomac for water. However, this has been reviewed and is under advisement at this time. Mayor Hill declared the Public Hearing closed at this time. The Public Hearing on parking vehicles in excess of 7800 pounds G.V.W. on the streets in the municipality was opened by Mayor Hill. He explained that complaints have been received concerning the park- ing of large trucks on the streets in residential areas and Council is attempting to correct this situation with this proposed ordinance. Councilman Titus offered an amendment, to be added to the second paragraph at the end "provided all other sections of the Town Code are met ." • Mr. Eugene Barber said the only way of transporting anything into Town today is via tractor-trailer truck. He felt that drivers of out-of-State trucks may desire to sleep, not knowing of the Town' s ordinance, and may be ticketed for parking on the Town s streets , and he felt that perhaps a warning might be in order in such a case. Mayor Hill said he felt "that the Police would be lenient in such a case. a Mr. Jean Chamblin, and a resident of Madison Court, said there is/45-passenger converted school bus (red in color) parked outside his house. This bus has been there for two months . On asking the custodian of this bus to move it , he says he will, but it still has not been moved. He has asked the Chief of Police to have it moved and he says there is no Ordinance to cover this problem. He asked Council to give consideration to this proposed ordinance and thus get this bus moved. He added that this bus belongs to the Baptist Temple Church and they meet at the high school. The bus is moved for about two hours once a week and, when it ismoved, they bring their cars and park them in place of it so he can ' t get a car in the space while they are away with the bus . Mr. Buddy Brewer asked if this applies to school busses. Mr. Titus said it applies to anything over 7800 pounds. Mr. Bill Ahalt said he is Mr. Chamblin's neighbor and he too is tired of looking at this bus. Mayor Hill declared this Public Hearing closed. A Public Hearing was held at this time on the proposed Excavation and Utility Line Ordinance , with Mr. Devero stating that the purpose of the Ordinance is (a) to facilitate the protection of persons and property from death or injury which may result from the destruction of, or damage to underground utility lines during excavation or demo- lition, and (b) to protect the health, safety and general welfare of 55 MINUTES OF JUNE 11, 1975 MEETIbG. . the community by preventing the interruption of essential services resulting from the destruction of, disruption of, or damage to under- ground utility lines during excavation or demolition. He said that, throughout Virginia, there is a move to adopt a uniform ordinance in municipalities and counties and perhaps there may be some new State legislation requiring this . Since the adoption of this. Ordi- nance by Fairfax County, there have been questions raised on some points, however, these are only to the betterment of the ordinance. Contractors and utility companies feel that this is a good ordi- nance and that it will reduce accidents and mishaps. Mayor Hill recognized Mr. Fox from the Washington Gas Light Company, who introduced Mr. Patrick Clark, Superintendent of Dis- tribution, with offices in Springfield, Virginia. Mr. Clark said his Company has reviewed the ordinance proposed and it is felt that this is an excellent ordinance. They have had experience with other areas in Maryland Virginia. Fairfax County and Alexandria have recently adopted legislation concerning excava- tion. Since the passing of such legislation and the movement of the "Miss Utility'.' organization into Virginia , Washington Gas has seen marked decreases in the number of dig-ins into its mains and service lines. As a member of the "Miss Utility" committee , he has had the opportunity of talking with members of VEPCO and C & P Tele- phone Company and they have also realized a similar decrease in dig-ins and interruptions of their utilities and facilities to home- owners and businesses . They whole-heartedly support this legisla- tion. They have suggested some few amendments relating to the marking of site plans , which all of the utility companies have been doing for a number of years. However, they do feel that house ser- vice laterals where they do not have good locations (and neither do VEPCO and C & P) would be most difficult to show on any type of site plan. In fact , these have been excluded from the Alexandria and Maryland legislation that has been passed. They have also asked that pre-construction meetings relate mainly to the larger projects, with the determination for such meetings being left to the Director of Public Works. They also feel that there should be some understanding in the area of training the Town 's personnel in the handling of emergency situations that would relate to gas or electricity. If the local Fire Department and members from the Town 's Water and Sewer Departments would like to avail themselves of their training facilities in Springfield, they would be happy to give this training. The adoption of such an ordinance by other lo- calities has had a great effect on reducing damages to their facili- ties and those of their sister utilities. Councilman Titus felt that the inclusion of not only existing house laterals, but proposed ones, is a necessity. Mr. Clark said that, under this Ordinance, they would be required to bring their crews out and paint, stake and mark any existing facilities in advance of construction. They have been providing this service for a good many years. In the case of new facilities, this same procedure would be followed and they would call the other utilities to do this also. The difficulty lies with the requirement to mark these facilities on a site plan. A .con- tractor would probably take this site plan to be completely accu- rate, although it is possible that the grading could have changed. If he'goes ahead on the basis of the site plan, they might hit a gas line . They would prefer a positive system, whereby they would bring their own crews out and tie down their lines on the site. Mayor Hill said he would like to see members of the Fire _Department and Town crews avail themselves of the training mentioned by Mr. Clark. In this way, there would someone to control an emergency situation until the Gas Company could get here . Mr. Clark commented on the problems involved without '.trained personnel and felt that such training would be mutually beneficial. Mr. James Griffith, local Manager of C & P Telephone Company, asked that Council postpone action on the Ordinance until its next meeting in order that they might review it. They are in favor of the ordinance and feel that it would be helpful for their company, as well as for their customers . Mayor Hill declared this Public Hearing closed at this time. 56 MINUTES OF JUNE 11, 1975 MEETING.. Councilman Titus agreed with Mr. Griffith 's statement, he felt there were several problems to be discussed before the adoption of this ordinance . It speaks of "revocation of license, " there is none. He would like to have a meeting with the utilitrt,c companies and get more input. This ordinance speaks only to underground utili- ties , and he thought VEPCO would be interested in overhead lines too. He did not know whether an ordinance of this type could be enforced. On motion of Councilman Orr, seconded by Councilman Newman, the following resolution was adopted, as shown: BE IT RESOLVED, that the Proposed Budget for 1975-1976 be and the same is hereby adopted. A copy of said Budget may be seen in the Town Manager's office. Aye: Councilmen Bange, Newman, Orr, Ridder, Rock and Mayor Hill. Nay: Councilman Titus . On motion of Councilman Ridder, seconded by Councilman Bange, the following Ordinance was proposed and adopted, as shown: BE IT ORDAINED, that the following taxes be and .they are hereby levied for the fiscal year beginning July 1, 1975 and ending June 30, 1976 for the support of the municipal government, the payment of interest on municipal debts and other purposes as follows : 1. The tax on all taxable real estate shall be at the .rate of One Dollar ($1.00) on every One Hundred Dol- lars' ($100.00) of the assessed value thereof. 2. All tangible personal property, excepting therefrom the classes of household goods and personal effects classified in Section 58-829. 1 of the 1950 Code of Virginia, as amended, and including the tangible personal property separately .classified by Sections 58-829.2 and 58-829.3 of the Code of Virginia, shall be taxed at the rate of One Dollar ($1.00) on every One Hundred Dollars ($100 .00) of the assessed value thereof. 3. All tangible personal property of all railroad, ex- press, telegraph, telephone, power and other public service corporations shall be taxed at the rate of One Dollar ($1.00) on every One Hundred Dollars ($100.00) of the assessed value thereof, and tax- able real estate of said public service corporations shall be taxed at the rate of One Dollar ($1.00) on every One Hundred Dollars ($100.00) of the assessed value thereof. 4. The tax on all bank stock subject to taxation within the Town of Leesburg shall be at the rate of Eighty Cents ($ .80) on each One Hundred Dollars ($100.00) of the taxable value of the share of the stock in any bank located in the Town of Leesburg, subject to the provisions of Section 58-476. 2 of the 1950 Code of Virginia, as amended. 5 . Any person who shall fail to pay to the municipal treasurer on or .before December fifth of each year the personal property and real estate tax then due and payable , shall pay a penalty of ten percent on the amount of the unpaid tax, and interest at the rate of eight percent per annum shall be collected upon principal and penalties of all such taxes and levies remaining unpaid from the first day of Janu- ary of the year next following the assessment year. Aye : Councilmen Bange, Newman, Orr, Ridder, Titus and Mayor Hill. Nay : Councilman Rock. 57 MINUTES OF JUNE 11, 1975 MEETING. ' On motion of Councilman Titus , seconded by Councilman Rock, the following Ordinance was proposed, with the reading of the amendments being waived: WHEREAS, the Town Council of the Town. of Leesburg, Vir- ginia hitherto, at a regular meeting held on September 25, 1974, initiated the following amendments to the Leesburg Zoning Ordinance , and • WHEREAS, the said amendments have been processed in ac- cordance with the provisions of Article 11 of the Lees- burg Zoning Ordinance and Article 8, Chapter 11, Title 15 . 1 of the 1950 Code of Virginia, as amended, and WHEREAS, it has been determined that such amendments are in the best interest of the Town of Leesburg, Virginia, NOW, THEREFORE, BE IT ORDAINED by the Town Council for the Town of Leesburg, Virginia, that the Leesburg Zoning Ordinance be and the same is hereby amended as follows : Amend the Leesburg Zoning Ordinance by adding subsequent to the period at the end of Section 9A-7-4, a new Article as follows : ARTICLE 9B - PRO-RATA SHARE OF COSTS FOR SEWERAGE AND DRAINAGE FACILITIES 9B-1 Purpose and Intent . The purpose and intent of this Article is to require a subdivider or develeper- of land to pay his pro-rata share of the cost of pro- viding reasonable and necessary sewerage and drainage facilities, located outside the property limits of the land owned or controlled by him, but necessi- tated or required, at least in part, by the construc- tion or -improvement of his subdivision or develop- ment. 9B-2 Establishment of a Sewerage and Drainage .Improvement Program. When directed to do so by the Town Manager, the Director of Public Works or his designee shall study and compute the total estimated cost of ulti- mate sewerage and drainage facilities required to serve a drainage-shed when and if such drainage- shed is fully developed in accordance with the a- dopted Comprehensive Plan for the shed. The com- putation of estimated costs shall include any en- gineering study for the shed, and the estimated cost of sewerage and storm drainage construction, the engineering cost of such construction, and easement and flood plain easement acquisition cost where necessary. When this total cost is computed it shall 'be updated every six months by applying the ENGINEERING NEWS RECORD cost index factor to the construction costs. The above study with its attendant cost figures shall constitute the -gene- ral sewerage and drainage improvement program for the affected drainage shed. _ 9B-3 Determination of Pro-Rata Share. When a general sewerage and drainage improvement program has been established pursuant to Section 9B-2 above, a pro- rata share of the total cost of the program shall be determined as follows : (a) The estimated increased sewage flow and/or volume and velocity of storm waterr run-off for the drainage shed when fully developed in accordance with the adopted Comprehensive Plan shall be computed. (b) The increased sewage flow and/or volume and , velocity of storm water run-off caused by a subdivision or development shall be computed. 58 MINUTES OF JUNE 11, 1975-MEETING. (c) The ratio of the sewage flow and/or volume and velocity of storm water run-off caused by a subdivision or development to the esti- mated total sewage flow and/or volume and velocity of storm water run-off for the drain- age shed, expressed as a percentage, shall be applied to the - total cost of the sewerage and drainage improvement program for the ' drainage shed. The resultant figure shall be the pro- rata share for the subdivision or development. 9B-4 Enforcement and Administration. (a) Payment . The payment of the applicable pro- rata share calculated pursuant to Section 9B-3 above shall be a condition precedent to the approval by the Planning Commission of a sub- division plat, or, where a subdivision has been previously approved or where the subdivision of land does not occur, prior to issuance of any building permit for the development. A sub- divider or developer of land may, in lieu of the payment , establish an escrow account, pur- suant to an escrow agreement satisfactory to the Town Council, which account would be avail- able to the Town upon commencement of construc- tion of the drainage improvement program for the drainage shed. (b) Expenditure of Pro-Rata Funds . Payments received pursuant to this subsection shall be expended only for the construction of those sewerage and drain- age facilities for which payment was required. Until so expended payments shall be held in an interest-bearing account for the benefit of the subdivider or developer of land, except where escrow accounts have been established pursuant to paragraph (a) above. 9B-5 Definition of Pro-Rata Share. The payment made by a subdivider or developer -of land for his share of the cost of- providing reasonable and necessary sewerage and drainage facilities located outside the property limits of the land owned or controlled bythe subdi- vider or developer of land but necessitated or re- quired, at least in part, by construction or improve- ment of his subdivision of development. Councilman Titus explained that this is a policy that the Town has been following and this is merely putting it into ordinance form. The Ordinance 'was then adopted, as shown: Aye: . Councilmen Bange, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: Councilman Newman. On motion of Councilman Titus, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the Town Manager is hereby directed to prepare requirements under Section 9B-2 of the Zoning Ordi- nance. Councilman Titus explained that this establishes the study itself, so that it is readily available for consultation. The resolution was then unanimously adopted, as shown: - Aye : Councilmen Bange, Newman, Or-r, Ridder, Rock, Titus and Mayor Hill. Nay: None . On .motion of Councilman Titus, seconded by Councilman Rock, the following Ordinance -was proposed, with the reading of the amendments being waived, and was unanimously adopted, as shown: 59 MINUTES OF JUNE 11, 1975 MEETING. WHEREAS, the Town Council of the Town of Leesburg, Virginia hitherto, at a regular meeting held on September 25, 1974, initiated the following amendments to the Leesburg Subdi- vision Ordinance, and WHEREAS, the said amendments have been processed in accord- ance with the requirements of Article 7 , Chapter 11, Title 15 . 1 of the 1950 Code of Virginia, as amended, and WHEREAS, it has been determined that such amendments are in the best interest of the Town of Leesburg, Virginia, NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Leesburg, Virginia, that the Leesburg Subdivision Ordinance be and the same is hereby amended as follows : Amend Section IV of the Leesburg Subdivision Ordinance by adding a new subsection subsequent to the period at the end of the section as follows : D. Pro-rata Share of Costs for Sewerage and Drainage Facilities 1. Purpose and Intent The purpose and intent of the subsection is to require a subdivider or developer of land to pay his pro-rata share of the cost of providing rea- sonable and necessary sewerage and drainage facili- ties , located outside the property limits of the land owned or controlled by him, but necessitated or required, at least in part, by the construction or improvement of his subdivision or development. 2 . Establishment of a Sewerage and Drainage Improvement Program. When directed to do so by the Town Manager, the Director of Public Works or his designee shall study and compute the total estimated cost of ultimate sewerage and drainage facilities required to serve a drainage-shed when and if such drainage-shed is fully developed in accordance with the adopted Com- prehensive Plan for the shed. The computation of estimated costs shall include any engineering study for the shed, and the estimated cost of sewerage and storm drainage construction, the engineering cost of such construction, and easement and flood plain easement acquisition cost where necessary. When this total cost is computed it shall be up- dated every six months by applying the• ENGINEERING NEWS RECORD cost index factor to the construction costs . The above study with its attendant cost figures shall constitute the general sewerage and drainage improvement program for the affected drain- age shed. 3. Determination of Pro-rata Share When a general sewerage and drainage improve- 1' ment program has been established pursuant to para- graph 2 above a pro-rata share of the total cost of the program shall be determined as follows : (a) The estimated increased sewage flow and/or volume and velocity of storm water run-off for the drainage shed when fully developed in accordance with the adopted Comprehensive Plan shall be computed. (b) The increased sewage flow and/or volume and velocity of storm water run-off caused by a subdivision or development shall be computed. 60 MINUTES OF JUNE 11, 1975 MEETING. . - (c) The-ratio of the sewage flow and/or volume and velocity of storm water run-off caused by a subdivision or de- velopment to the estimated total sewage flow and/or volume and velocity of storm water run-off for the drainage .shed, ex- pressed as a percentage, shall be ap- plied to the total cost of the sewerage and/or drainage improvement program for the drainage-shed. The resultant figure shall be the pro-rata share for the sub- division or development. 4. Enforcement and Administration (a) Past. The payment of the applicable pro- rata s are calculated pursuant to paragraph 3 above shall be a condition precedent to the approval by the Planning Commission of a sub- division plat, or, where a subdivision has been previously approved or where the subdi- division of land does not occur, prior to issuance of any building permit for the de- velopment . A subdivider or developer of land may in lieu of the payment, establish an es- crow account , pursuant to an escrow agreement satisfactory to the Town. Council, which ac- count would be available to the Town upon com- mencement of construction of the drainage im- provement program for the drainage-shed. (b) Expenditure of Pro-rata Funds . Payments re- ceived pursuant to this subsection shall be expended only for the construction of those sewerage and drainage facilities for which payment was required. Until so expended pay- ments shall be held in an interest-bearing account for the benefit of the subdivider or developer of land, except where escrow accounts have been established pursuant to paragraph (a) above. Amend Section V of the Leesburg Subdivision Ordin {{�� a by adding subsequent to the period at the end of the Section7following: 7 . Developer of Land: Any person who must submit a Site Plan or Subdivision Plan or obtain a Building Permit prior to the construction on, improvement to or use of a parcel of land. 8. Pro-Rata Share : The payment by a subdivider or developer of land for his share of the cost of providing reasonable and necessary sewerage and drainage facilities located outside the property limits of the land owned or controlled by the subdivider or developer of land but necessitated or required, at least in part, by construction or improvement of his subdivision or development. 9. Subdivider : Any person who subdivides land pursuant to this ordinance. Aye : Councilmen Bange, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: Councilman Newman. On motion of Councilman Orr, seconded by Councilman Rock, the following Ordinance was proposed: BE IT ORDAINED, that the following section shall be made a part of the Town Code of Leesburg, Virginia, to be known as Section 13-95 . 1 of said Code : MINUTES OF JUNE 11, 1975 MEETING. . 61 No person shall park any vehicle not powered by an internal combustion engine on the streets or highways of the munici- pality. No person shall park any vehicle exceeding 7800 pounds G.V.W. on the streets or highways in. any residential, business or commercial area within the municipality for a continuous period of more than two (2) hours at the same location. This section shall not be applicable to vehicles parked pursuant to the performance of continuous .work, delivery or services to residence, business or commercial estab- lishment, in which case no such vehicle shall pat: for a period longer than ten (10) hours, provided all other sections of the Town Code are met. Every person convicted of a violation of this section shall be punished by a fine not to exceed twenty-five dollars ($25 .00) for each offense. There followed discussion concerning theinclusion of the word "'it self" in the first line of the first paragraph, however, no decision was made. Councilman Titus asked that the effective date be not be- fore July 1 or some date henceforth in order to give the Police Department time to give warning tickets to owners of such vehicles. The ordinance was then unanimously adopted, as shown : Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None . An Ordinance on Excavation and Utility Line Installation was referred to the Public Works Committee by Mayor Hill, with this Com- mittee to refer it to the Legislative Committee. Councilman Titus asked that a meeting be set up with the Utility Companies, Cable TV and the Insurance Advisory Committee. On motion of Councilman Bange, seconded by Councilman Newman, the following resolution was proposed: * WHEREAS, Manor Care, Inc. proposes to build a nursing home . within the corporate limits of Leesburg on approximately 3. 65 acres located on the east side of Morven Park Road, bounded by the properties of Kirkpatrick, Rust and Sydnor on the north, the property of Loudoun Memorial Hospital on the east, the property of Flemming on the south and Morven Park Road on the west, and WHEREAS, Manor Care, Inc. has requested the Town of Lees- burg to make water and sewer available to the proposed nursing home, and WHEREAS, the intent of the Council has been previously expressed in approving Category 3 of the Statement of Policy adopted March 28,, 1973 , of allocation for water and sewer service to serve the proposed nursing home, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that it intends to serve the pro- posed nursing home with water and sewer service, subject to the following : (1) Approval by the Leesburg Planning Commission. (2) The site plan for the nursing home be in conformance with and approved in accordance with Section 9A of the Zoning Ordinance of the Town of Leesburg. (The . site plan shall include any and all off-site con- struction) . - (3) . Adequate easements for all utilities and construction be obtained by Manor Care and deeded to the Town. � K►.t 62 MINUTES OF JUNE 11, 1975-MEETING. . (4) All construction to be maintained by the Town, be subject to inspection and approval •by the Town and deeded to the Town upon completion. (5) That all ordinances , resolutions and policies of the Town be complied with. (6) That all fees required by the Town be paid in accord- ance with the applicable fee schedules. (7) That all necessary permits be obtained by Manor Care, Inc . (8) That a one-year maintenance bond be provided for all construction to be maintained by the Town at the time of acceptance of such construction by the Town. (9) That the estimate- of water and sewer needs to be pro- vided by the Town of Leesburg is approximately 9,000 gallons per day . (10) That construction be commenced within one (1) year of approval of this resolution. (11) That all feesbe paid by Manor Care, Inc. (12) That, in the event the Certificate of Need becomes in- validated, the capacity is forfeited, and BE IT FURTHER RESOLVED, that the granting of the water and sewer connections and capacities contained herein to the said site shall be only for the direct benefit of the pro- posed nursing home of Manor Care, Inc . After discussion on Items (1) and (2) , it was decided to combine the first and second paragraphs to read as follows, with the remaining paragraphs being renumbered: (1) Approval by the Leesburg Planning Commission of the site plan for the nursing home to be in conformance. . . . On motion of Councilman Titus, seconded by Councilman Ridder, the fol- lowing amendments were proposed and unanimously adopted, as shown: (5) That all fees and charges required by the Town be paid in accordance with the applicable fee schedules and at the appropriate times . (11) That , the Certificate of Need remain valid, and BE IT FURTHER RESOLVED, that the granting of the.water and sewer connections and capacities contained herein to the said site shall be only for the direct benefit of and ex- clusively for the proposed nursing home of Manor Car�nc . , and BE IT FURTHER RESOLVED, that non-conformance with any or all of the above provisions shall invalidate this resolution. • Aye : Councilmen Bange , Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None . Councilman Rock said that, as he understands it, Category 3 of the March 28, 1973 Statement of Policy is for public utilities and this is .a private for profit corporation, not a public utility. Mr. Devero read Category 3 from the Statement of Policy of March 28, 1973, which reads as follows : "3 . Public Service units inside Town limits, to include , but not limited to, governmental, utility, volunteer and hospital units. Sewer service to any public service units outside the corporate limits will be at the discretion of the Town Council." A roll call vote on the resolution, as amended, is shown as follows : Aye : Councilmen Bane, Newman, Orr, Ridder and Mayor Hill. Nay: Councilmen ROC{ and Titus. 63 MINUTES-OF JUNE 11, 197-5 MEETING. • The resolution, as amended, reads as follows : • WHEREAS, Manor Care, Inc . proposes to build a nursing home within the corporate limits of Leesburg on approximately 3.65 acres located on the east side of Morven Park Road, bounded by the properties of Kirkpatrick, Rust and Sydnor on the north, the property of Loudoun Memorial Hospital on the east , •the property of Flemming on the south and Morven Park Road on the west , and WHEREAS, Manor Care , Inc . has requested the Town of Lees- burg to make water and sewer available •to the proposed nursing home , and • WHEREAS, the intent of the Council has been previously expressed in approving Category 3 of the Statement of Policy adopted March 28, 1973 , of allocation for water and sewer service to serve the proposed nursing home, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that it intends to serve the pro- posed nursing home with water and sewer service, subject to the following : (1) Approval by the Leesburg Planning Commission of the site plan for the nursing home to be in conformance with and approved in accordance with Section 9A of the Zoning Ordinance of the Town of Leesburg. (The site plan shall include any and all off-site construction) . (2) Adequate easements for all utilities and construction be obtained by Manor Care and deeded to the Town. (3) All construction to be maintained by the Town, be subject to inspection and approval by the Town and deeded to the Town upon completion. (4) That. all ordinances, resolutions and policies of the Town be complied with. (5) That all fees and charges required by the Town be paid in accordance with the applicable fee schedules and at the appropriate times. (6) That all necessary permits be obtained by Manor Care, Inc . (7) That a one-year maintenance bond be provided for all construction to be maintained by the Town at the time of acceptance of such construction by the Town . (8) That the estimate of water and sewer needs to be pro- vided by the Town of Leesburg is approximately 9,000 gallons per day. (9) That construction be commenced within one (1) year of approval of this resolution. (10) That all fees be paid by Manor Care, Inc. (11) That the Certificate of Need remain valid, and BE IT FURTHER RESOLVED, that the granting of the water and sewer connections and capacities contained herein to the said site shall be only for the direct benefit of and ex- clusively for the proposed nursing home of Manor Care, Inc . and BE IT FURTHER RESOLVED, that non-conformance with any or all of the above provisions shall invalidate this resolution. 64 MINUTES OF JUNE 11, 1975 MEETING. On motion of Councilman Titus, seconded by Councilman Newman, the following resolution was proposed: WHEREAS, Mr. Alfred Gardiner proposes, to build an office building to house the local offices of the C & P Telephone Company within the corporate limits of Leesburg on ap- proximately 3.457 acres located on the south side of Ca- toctin Circle, bounded by the property of J. Hildt Grubb and South Harrison Street to the east ; N. F. Clark and Fifer, Trustees, and Parcel D, Section Two, Virginia Knolls to the south ; and Lot 4, Section One, Virginia Village (Walter F . and Lillian D. Murray) to the west, and WHEREAS, Mr. Alfred Gardiner has requested the Town of Leesburg to make water and sewer available to the pro- posed office building, and WHEREAS, the intent of the Council has been previously ex- pressed in approving Category 3 of the Statement of Policy adopted March 28, 1973 , of allocation of water and sewer . service to serve the offices of C & P Telephone Company, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that it intends to serve the proposed office building with water and sewer service, subject to the following : (1) Approval by the Leesburg Planning Commission of an application for a Commission Permit, if necessary. (2) The site plan for the proposed office building be in conformance with and approved in accordance with Sec- tion 9A of the Zoning Ordinance of the Town of Lees- burg. (The sitelan shall include any and all off- site construction) . (3) Adequate easements for all utilities and construction be obtained by Alfred Gardiner and deeded to the Town. (4) All construction to be maintained by the Town, be sub- ject to inspection and approval by the Town and deeded to the Town upon completion. (5) That all ordinances, resolutions and policies of the Town be complied with. (6) That all fees and charges required by the Town be paid in accordance with the applicable fee schedules and at the appropriate times. (7) That all necessary permits be obtained by Alfred Gardiner. (8) That a one-year maintenance bond be provided for all construction to be maintained by the Town at the time of acceptance of such construction by the Town. (9) That the estimate of water and sewer needs to be pro- vided by the Town of Leesburg is approximately 1,000 gallons per day. (10) That construction be commenced within one (1) year of approval of this resolution. (11) That all fees be paid by Alfred Gardiner, and BE IT FURTHER RESOLVED, that the granting of the water and sewer connections and capacities contained herein to the said site shall be only for the direct benefit and exclusive use of the C & P Telephone Company, and BE IT FURTHER RESOLVED, that non-compliance of any or all of • the above provisions shall invalidate this resolution. 65 MINUTES OF JUNE 11, 1975 MEETING. Mr. Forbes explained that Mr. Gardiner would not have to have a Com- mission Permit if he builds the building for himself, but if he builds it for the C & P Telephone Company, then he will be required to have such a permit. Councilman Titus explained that it is proposed that Mr. Gardiner will build the building for not less than five years ' lease to the C & P Telephone Company. It would appear that the building would not be cut off if he does not lease it to C & P after five years - he would have so much vested right in it that he could not be cut off. Mayor Hill explained that this connection also comes under the Category 3 of the Statement of Policy of March 28, 1973 - ' this would be -a public need. 75 ,000 gallons ' capacity has been al- located for this purpose and was approved by the Attorney General' s Office. The resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Rock; Titus and Mayor Hill. Nay : None. • On motion of Councilman Rock, seconded by Councilman Orr, the following resolution was proposed: BE IT RESOLVED, that the Town Council expresses its tenta- tive approval of the "August Court Days" program planned by the Loudoun County Bicentennial Committee, with the Town offering its full cooperation, and BE IT FURTHER RESOLVED, that the Loudoun County Bicenten- nial Committee shall carry liability coverage in the amount of $500,000, with the Town of Leesburg being named as ad- ditional insured, and that the Certificate of Insurance shall be furnished to the Town by July 16 , 1976. It was pointed out that the Committee expects to come back to pre- sent the full program. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None . Councilman Orr left the meeting at this time. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made : $ 200.00 - Hagerstown Cash Register - Rental of cash register - General Fund #200. 116 . 3, 112 .00 - Daniel A. Robinson & Associates - Water Rate Study - Utility Fund #1300. 117 . 508 .68 - DeLashmutt Associates Surveys and plat Hakim Associtates (new well site) - Utility Fund #1300. 913. 170 .00 - Meidinger & Associates - Computation of Retire- ment Employee Contribution Rate, as required by the State - General Fund #200. 103. 5 , 110.00 - Bengtson-DeBell, Inc . - Infiltration/Inflow Analysis - Utility Fund #1300. 903. 800.00 - Dewberry, Nealon & Davis - Fisher-Bishop Project - 1971 Bond Fund. After discussion on the Infiltration/Inflow Analysis and explanation of these appropriations by Mr. Devero, the resolution was unanimously adopted, as shown: Aye : Councilmen Bange, Newman, Ridder; Rock, Titus and Mayor Hill . Nay: None. 66 MINUTES OF JUNE 11, 1975 MEETING. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the following supplemental appropria- tions be made : $ 350.00 - Billing Clerk - General Fund #100. 110. 5,000.00 - Streets-Labor - General Fund #700. 101. 500 .00 - Social Security - General Fund #200. 102. 150 .00 - Telephone - General Fund #200 .106 . 500.00 - Stationery and Office Supplies —General . Fund #200. 107 . - 50.00 - Telephone-Police - General Fund #500. 111. 200.00 - Vehicle Maintenance - Utility Fund #1400. 107 . Mr. Timberlake explained the additional $300.00 in the Stationery and Office Supplies appropriation. The resolution was then unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill. Nay: None . On motion of Councilman Titus , seconded by Councilman Ridder, Item #16 on the Agenda dealing with amendments to the Standard Con- struction Specification; was referred back to the Public Works Com- mittee, ommittee, the vote being unanimous , as shown: Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and MayorHill. Nay: None. • On motion of Councilman Titus , seconded by Councilman Rock, the following resolution was proposed: WHEREAS, a petition has been received from residents in the area of the intersection of Cornwall and Wirt Streets , sug- gesting some measures for traffic and pe.cbstrian .safety at this intersection, NOW, THEREFORE, BE IT RESOLVED, that a "STOP" sign be in- stalled on Cornwall Street, facing the traffic moving west, and that the proper pavement and curb painting be done at the said intersection for further safety. Mr. David Greene, a resident of this area, presented statistics to verify problems existing at this intersection, and stated that they are due to excessive speed (39.5 mph) on Cornwall Street heading west and failure of three out of nine motorists to stop at the sign on Wirt Street. He suggested changing traffic to One Way the other way, however, Council felt that this is not feasible. The matter of ex- cessive speed was discussed and it was suggested that the Police set up radar on this street . Chief Kidwell said this will be done. It was felt that the "Stop" sign at the corner of Cornwall and Wirt Streets heading west will be of great help. The resolution was then unanimously adopted, as shown: Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill. . Nay: None. Mayor Hill again said that he feels the Leesburg Police Force is one of the best in the country. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that Performance Bonds #909947 and 909948 from Republic Insurance Company of New York, in the a- 67 MINUTES OF JUNE 11, 1975 MEETING. mount of $50 ,000, from Jeffrey Sneider and Company, be called for the completion of the surfacing, preparation of as-built plans , monumenting of lot corners and any other outstanding work on Leesburg Country Club, Section 3, and BE IT FURTHER RESOLVED, that the bonding company be noti- fied. Councilman Bange explained that these bonds are being called to com- plete the resurfacing and necessary work in the Wellesley section of Country Club Subdivision in order that they might ultimately be ac- ceptable to the Highway Department . Councilman Titus felt that this is an unfortunate situation and that Council should take a second look the next time an extension of a bond is requested. Mr. Devero said he has contacted the owner, Maryland National Bank, and they felt that it would be wise to go ahead and call this bond - they have foreclosed on Mr. Sneider. Mr. Robert Corey, with Corey-Tipton Homes , stated that they have been retained by Maryland National Bank to complete 18 houses in Wellesley Subdivision that they recently acquired through foreclosure. Only 18 of the 87 houses in this section are owned by Maryland National Bank, so their position is that they represent only a portion of the problems out there inso- far as completing the streets is concerned. They are completing these units as quickly as possible and hope to have them all occu- pied in four to five months . They have also informed the home- owners what they are doing . Mayor Hill asked if they are aware of the fact that the streets have not been taken into the system by the Highway Department - there may be some problems if it snows - they could be snowed in. Mr. Corey said they could take certain actions regarding these 18 homes for which they are responsible and then possibly initiate action as the largest owner in the sub- division, but they are not prepared at this time to take on mainte- nance for the entire community. They will do their pro-rata share and clean up their erosion, etc. in their construction area. These houses are in various stages of construction - they are all framed in and have been connected to the Town ' s water and sewer system. There was discussion by Council asthtip69Fedure for calling a bond and how long it might take. He/felt this resolution should include the necessary legal and administrative steps to be fol- lowed. Mayor Hill said the Town would make a claim and the bonding company would react. Mr. Corey said he believed that, in order for the Highway Department to accept these streets, there would have to be streets in contiguous areas that have already been ac- cepted. Mayor Hill said Council is already working on this. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill . Nay: None . On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the following resolution be adver- tised in the Loudoun Times-Mirror on June 19, to be considered by the Council at its meeting on June 25 : BE IT RESOLVED, that the County of Loudoun be and it is hereby authorized to adopt the erosion and sediment con- trol program entitled "Loudoun County Erosion Control Ordinance" as the program for the Town of Leesburg . Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and Mayor Hill. Nay : None. Councilman Titus said that, with regard to Resolutions adopted by the Northern Virginia Regional Park Authority concerning the VEPCO right-of-way, it is the feeling of the Public Works Committee that no action is recommended at this time . They felt that the Town ' s Parks and Recreation Program should come first. Mr. Devero said he has written a letter to Mr. Bradley with VEPCO and has received a reply. He is setting up a meeting with VEPCO ' s real estate personnel 68 MINUTES OF JUNE 11, 1975 MEETING. - -so that they can discuss the right-of-way and so that we can begin negotiations for storm drainage easements and/or purchase if pasible. A bill from Mr. Peter Lueders was discussed briefly. Since Councilman Rock objected to considering this tonight, Mayor Hill referred it to the Finance Committee for action. On motion of Councilman Titus, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the following resolution adopted by the Town Council at its meeting on May 28, 1975 be and it is hereby rescinded : BE IT RESOLVED, that DeLashmutt Associates be engaged to prepare an easement plat covering the utilities, sanitary sewer, storm sewer and water lines from the south line of Parcel B, Huntland Homes Subdivision, Section 1, to the north right-of-way line of the By-Pass, and BE IT FURTHER RESOLVED, that DeLashmutt Associates be en- gaged to prepare as-built plans of utilities, sanitary sewer, storm sewer and water lines and curb and gutter and sidewalk of Huntland Homes, Section 1, in accordance with their proposal of May 5 , 1975 . Councilman Titus explained that an easement plat is being prepared /ffrcorhe Resubdivision of the Subdivision. Mr. Chamberlin said this of include curb and gutter and sidewalks in the "as built" plans. He felt that the easements might as well be shown on the Resubdivision plat. Councilman Titus pointed out that the Town is not paying for this. The above resolution was then unanimously adopted, as shown : Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill. Nay: None . On motion of Councilman Rock, seconded by Councilman Ridder, the following resolution was proposed: WHEREAS, a request has been received from Paul E. Bradshaw for an extension of time for water and sewer taps on Catoctin Circle due to the fact that the Planning Commission did not meet on June 5 , 1975 (lack of a quorum) , thus making it im- possible for him to submit his site plan, NOW, THEREFORE, BE IT RESOLVED, that an extension of time is hereby granted to Paul E. Bradshaw for these water and sewer taps , such extension of time to be set by the Council at a later date with terms and conditions thereof. There was extensive discussion concerning extensions for others on the June 12, 1974 and October 9, 1974 Priority Lists , as well as for Mr. Bradshaw (his request being due only to the fact that the Planning Commission did not meet as scheduled) . The resolution was then unanimously adopted, as shown : Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill. Nay: None . On motion of Councilman Ridder, seconded by Councilman Titus , the following resolution was proposed and unanimously adopted, as shown: WHEREAS, the Town Attorney has been directed to institute con- demnation proceedings to acquire , .on behalf of the Town, a well site and easement from Hakim Associates in Virginia Knolls Subdivision for purposes of drilling a test well, and WHEREAS, the Town Attorney has requested that the Legislative Committee of the Council work with him on this Petition for Condemnation, and that consultants be employed -by the Town to assist him in this endeavor, 69 MINUTES OF JUNE 11, 1975 MEETING. - - NOW, THEREFORE, BE IT RESOLVED, that the Legislative Com- mittee of the Council is hereby directed to work with the Town Attorney in this matter, and BE IT FURTHER RESOLVED, that the Legislative Committee is hereby authorized to employ consultant (s) as the Town At- torney deems necessary to assist in the preparation and processing of this Petition. Aye : Councilmen .Bange, Newman, Ridder, Rock, Titus and Mayor Hill. Nay : None. There was lengthy discussion concerning the trash contract with Valley Sanitation. Mr. Devero explained that a list of citizen com- plaints has been kept for the month of June . They have defaulted on the contract in that their general liability and workmen 's com- pensation insurance has lapsed due to non-payment of premiums. Also, the County Landfill is closed to them until payment is made for prior service. A citizen owning property where they rent space for an office and to house a truck or trucks had to lock up the trucks in order to get payment for rental of this space. They are not carrying any insurance on their trucks, however, this is not a part of our contract with them. Mr. Devero understood that they would not be reinstated by the insurance carrier until all premiums were paid and then it would be only under assigned risk. Councilman Bange said that he understood the payment made to Mr. Jewell was made with the stipulation that he hold the check until payment was received from the Town in order to cover the check. The contract called for signature by the Manager, however, it was signed by Mr. Chrisman, who was Sales Manager. There was also a question as to assignment of the contract . Mayor Hill said they started out as a partnership and then became a corporation. Mr. Devero also pointed out that, although the dumpsters were. not a part of the contract, the Code provides for keeping them clean and this has not been done . Town Attorney Martin said that the con- tractor will have to be given ten (10) daysnotice that he has defaulted on the contract . On motion of Councilman Ridder, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the Town Manager take immediate action to advise Valley Sanitation, by Registered Mail Return Re- ceipt Requested, that they are in default of their contract, and that specific items of default are as follows: Section 3. The Contractor shall at all times provide suffi- cient men and motor vehicles necessary to perform the work in a manner satisfactory to the Town Manager. " Section 4. Assignments. The Contractor shall not assign thi—'s contract, or any interest therein, or any privilege of right granted therein without the consent of the Council of the Town of Leesburg first had and obtained, and then only to a person or persons approved by the said Council and subject to such terms and conditions, as such Council may require . A consent to one assignment shall not be determined to be a consent of any subsequent assignment. Any assignment without such consent of the Council, and approval, shall be void and shall, at the option of the Town, terminate this contract and the privileges granted therein. Section 11. Faithful Performance Bond. Upon execution of this contract, Contractor shall furnish to. the Town and shall file with the Town Manager of the Town a corporate surety bond approved by the Town Manager, and approved as to form by the Town Attorney of the Town, executed by the Contractor as principal and by a corporate surety, as surety , in the sum of 6% of the bid, conditioned upon the faithful performance by Contractor and his subcontractors , if any, of this contract. In lieu of such bond,. Contractor may provide the Town with such other security for faithful performance as may be approved by the Town Manager. 70 MINUTES OF JUNE 11, 1975 MEETING. . - Section 12. Workmen ' s Compensation Insurance. Contractor and his subcontractors, if any, shall obtain and maintain in full force and effect throughout the entire term of this contract full workmen ' s compensation insurance in accord- ance with the provisions and laws of the Commonwealth of Virginia. Contractor shall immediately inform the Town of any cancellation, withdrawal or change of any such insurance . Section 13. Public Liability Insurance. Contractor and his subcontractors, if any, shall at their expense, obtain and maintain in full force and effect throughout the entire term of this contract public liability insurance approved by the Town Manager and approved as to form by the Town Attorney, policy or policies to insure said contractor and his sub- contractors and the Town, its officers , agents and employees, and each of them against liability for bodily injury or death of any person or persons and for any property damage arising or resulting from the operation of the Contractor or his subcontractors . Minimum bodily injury or death cover- age provided by said insurance shall be $100,000 bodily in- jury or death, each person, and $300,000 bodily injury or death of two or more persons , per each occurrence. Prop- erty damage shall be a minimum of $50,000 for each occur- rence . Policies shall be filed with the Town Manager of said Town within five days after the date of this contract. The policy of insurance shall contain a provision stating that said insurance is primary coverage and will not be cancelled by the insurer except after filing with the Town Manager of the Town twenty (20) days ' written notice of any cancellation so proposed. Section 14. Contractor to Indemnify and Hold Harmless the Town. Contractor shall indemnify and save harmless the 01 wn, its officers , agents and employees, for and from any and all loss, liability, claims , demands, actions, or suits, of any and every kind and description, arising or resulting from or in any way connected with any operations of the Contractor or his subcontractors in exercising any license or privilege granted to him by this contract by the Town, or arising or resulting from the failure of- the Con- tractor or his subcontractors to comply in all respects with the provisions or requirements of this contract. Contractor shall, upon demand of the Town, at his sole cost and expense, defend and provide attorneys to defend the Town, its officers, agents and employees against any and all claims , actions or suits brought against the Town, its officers , agents and em- ployees, arising or resulting from or in any way connected with the above-mentioned operations of the Contractor or his subcontractors or his subcontractor' s failure to comply with this contract. After further discussion, the resolution was unanimously adopted, as shown: Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill. Nay: None. Mr. Devero requested authorization to employ somebody for at least a month and until Council either wants to negotiate or ask for bids again. On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown: • BE IT RESOLVED, that the Town Manager be authorized to nego- tiate the collection and disposal of refuse and garbage for a period of one month in the event of non-performance of a contract between the Town of Leesburg and Valley Sanitation Service, with consultation with the Town Attorney. Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill . Nay : None . 71 MINUTES OF JUNE 11 , 1975 MEETING. On motion of Councilman Titus , seconded by Councilman Newman, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the Town Attorney be directed to pre- pare a contract form for the collection and disposal of all refuse and garbage within the corporate limits of Leesburg, - and in accordance with Chapter 11 of the Town Code and con- sultation with the Public Works Committee . Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and ` Nay: None.Mayor Hill. On motion of Councilman Ridder, seconded by Councilman Titus , the Council voted unamimously to go into executive session to discuss per- sonnel matters at 11 :44 P.M. Council reconvened at 12 :30 A.M. On motion of Councilman Newman, .seconded by Councilman Ridder, the following resolution was proposed and adopted by a vote of 4 to 2, as . shown: WHEREAS, C. Stanley Reed tendered his resignation as a member of the Leesburg Planning Commission on April 22, 1975 , and WHEREAS, Commissioner Reed was appointed for a term of office to expire on December 31, 1976, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg , Virginia, that Katherine Curry, a qualified citizen of the Town of Leesburg, Virginia, be and she is hereby appointed a member of the Leesburg Planning Commission to fill the unexpired term of C. Stanley Reed. Aye : Councilmen Newman, Ridder, Rock and Mayor Hill. Nay: None. Abstention: Councilmen Bange and Titus . On motion of Councilman Rock, seconded by Councilman Ridder, the meeting was adjourned at 12 :40 A.M. , June 12, 1975 . • Mayo Clerk o the Council i