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HomeMy Public PortalAbout1975_08_13 108 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 13, 1975. • A regular meeting of the Leesburg Town Council was held in the Coun- cil Chambers, 10 West Loudoun Street, Leesburg, Virginia on August 13, 1975 at 7 : 30 P.M. The meeting was called to order by the Mayor,, with the invocation being offered by Councilman Bange, and followed by , the Salute to the Flag. Present were: Mayor G. Dewey Hill , Councilmen Charles E. Bange, Mary Anne Newman, Robert A. Orr, Herbert L. Ridder and C. Terry Titus ; also Acting Town Manager E. Wesley Devero and Town Attorney George M. Martin. Absent from the meeting at this time was Councilman James. A. Rock. . The minutes of the regular meetings of July 9, 1975 and July 23, . 1975 were approved as written. Acting Town Manager Devero reported the following: (1) An abandoned car on the right-of-way at the end of Valley View Avenue at the south nd of Crestwood Hamlet has been towed away; also abandoned cars next 'the Rescue SqUad Building have been removed. A trailer parked on Catoctin Circle has been notified to move. (2) The Virginia Municipal League Convention willbe held in Hampton from September 21st through the 23rd. He will contact Council members on Friday after he has received the Bulletin and applications from VML. (3) A Notice of Hearing is attached to his Report on the SWCB/NVPDC meeting to be held on the Phase I Water. Quality Management Plan at George Mason University in Fairfax on September 11 , 1975 at 7 : 00 P.M. Those persons wishing to speak are requested to call the Commission. Mayor Hill asked that he notify them that he plans to be present. (4) Attached to his Report are Memos concerning progress reports of the Street, Water and Sewer Departments. (5) Contract documents, performance bond, labor and material payment bond, contractor' s insurance certificate and owners ' and engineers ' policy on construction of the test wells have been received and reviewed. The Town Attorney has approved the performance 'bond and the labor and materials bond. The insurance advisors are reviewing the insurance certificates. When these certificates are received, he will sign the agreement and re- turn' to Johnson and Williams for notice to proceed with thefirst test well - Andover Meadows only. (6) Attached to his Report is a memo on sidewalk, curb and. gutter work being performed in the Town. (7) On August 20th at 2 : 30 P.M. , the Honorable Gilbert Gude, Member of the House of Representatives from the State of Maryland, will tour Lees- burg. Those wishing to join this tour and to meet Mr. Gude are asked to contact the Mayor. He will be at the Loudoun County Chamber of Commerce Building at that time. (8) A permit has -been receiveflr/eWie the State Department of Health, Bureau of Sanitary Engineering, for construction of the elevated storage tank and transmission line. Bids will be reeehalon September 5th, tobe opened on September 8th. C (9) Attached to his Report is a chart showing the sewerage flows and the amount of rainfall for the month of July. (10) Also attached is copy of summary of the permit conditions for the Potomac River Water. Supply Project. (11) Attached is a progress report on the easements on the Town Branch, these to be discussed later. (12)) Attached is a list of items that the Legislative Committee is studying. (13) A report on the drainage study on the north fork ofthe Town Branch has been received from DND and has been reviewed. This will be pre- sented to the Public Works Committee. (14) He has contacted NVPDC on Title I-208 funds . An answer should be forthcoming by the end of the week. 109 . MINUTES OF AUGUST 13, 1975 MEETING. (15) A sludge screening study has been received from Johnson and Williams . Ken Bedford has reviewed and concurs with this report. It will be presented to the Public Works Committee. (16) A memo from the Chairman of the Airport Advisory Committee is at- tached to his Report. The Committee would like an answer. (17) Attached to his Report is a draft of contract between NVPDC and the Town on 701 monies grant. This will be considered by the Finance Committee next week.II - (18) Corrections to Agenda items will be made by him. Councilman Titus asked if Council wishes the Legislative Committee to consider any Charter changes. Mayor Hill advised that a letter has been re- ceived from the County asking for a meeting of representatives of all mu- nicipalities in the County to consider such changes . He asked the Committee to review any necessary changes . Mr. Titus asked if the Loudoun County High School Band has contacted the Police Department concerning the use of the street at the high school for practice purposes. Lt. Lloyd advised that they had not. It was felt that there should be some protection if they are going to use the streets. Mr. Titus also asked if the Finance Committee has discussed with Mr. Roberson the problem of parking behind his building. Mr. Devero said he has talked with him and will report on this to the Committee. Councilman Newman asked if anything has been heard from the Municipal Code Corporation recently . Mr. Devero advised that they expect to have the proofs of the new Code to the Town in September. Mayor Hill said he has encountered bicycle riders on the sidewalks, as well as going the wrong way on a One-Way street. Mr. Devero advised that he has discussed this with Lt. Lloyd this week. IIMayor Hill also said he will be attending the Local Government Offi- cials Conference in Charlottesville on August 25, 26 and 27th. This will be informative meeting and other officials are invited are.invited to attend as well . Mayor Hill said he will be chairing the meeting of representatives of all Towns in the State of Virginia at the Virginia Municipal League meeting on September 21st through the 23rd. He would appreciate the support of Council members at this meeting. On motion of Councilman Titus , seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the Task Order• employing Daniel A. .Robinson' and Associates to perform rate studies for the Town' s water and sewer system be extended and its scope be increased to include assistance -in implementation' offinanciat plans for the system, including but not limited to preparation and -.up-dating of work programs and milestone charts , assisting engineers, bond counsel, Federal grant agencies , bond underwriters and the like with the gathering and preparation of financial and administrative data regarding the systems of the 'Town and related tasks at the di- rection of the Council. The level of effort is increased by 100 man hours and will be performed under the same' terms as the initial IITask Order. Mr. Burt explained that, basically, this is a follow-up to the Rate Study which has been accepted by the Town. This is a task which will envision implementing some of the financial matters involved. Councilman Titus said this ties in with the Water Plant construction,. plans for which a por- tion have already been approved. 'Costs will be substantial and it -will be necessary to have advice to determine in which direction they should go. Mayor Hill apologized to members of the Press concerning a meeting held on the Water Plant on August 5th. This meeting was -open to the --public, hOw- ever, efforts to reachmmembers of the Press failed. He said the tape of ., this meeting is available to them if they wish to hear it. He felt that, '-- in view of the problems other towns are having with water at this time, this problem is a very important one for the Town of Leesburg. The reso- 110 MINUTES OF AUGUST 13, 1975 MEETING. lution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Titus and Mayor Hill. Nay: None. On motion of Councilman Titus, seconded by Councilman Ridder, the following resolution was proposed: WHEREAS, the Town Attorney reported to the Public Works Com- mittee that the uncertain status of areas on plats of townhouse "subdivisions where common parking and recreational areas are described should be cured by requiring appropriate language either in the Deed of Dedication or on the plat, indicating that all of the lots have a common and joint eastment in such areas ; and WHEREAS, the Town Attorney advised that the Town loses control of such areas by permitting the areas to be conveyed by the sub- division owner at a later date to the Homeowners Association, and that the Town has no mechanism to monitor that such conveyance is or will ultimately be made, NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission be and it is hereby requested to consider amendments to the Subdi- vision and Zoning Ordinances to provide for appropriate easements running with the lots on plats of subdivisions involving townhouses for the common use of the parking areas and other designated areas by all of the lots in said subdivisions . Town Attorney Martin cited a recent case involving Huntland Homes. The Judge stated that, had there been an indication on the plat that all lots had an easement to use these areas for parking, there might not have been a problem. Mr. Martin said the Town has no cont-i-ol- as -to whether or not these lots are ever conveyed to a Homeowners Association and he felt that appropriate language should be on the plat, stating that all lots have a right to use the adjoining and parking- areas. This would be true of recre- ation areas as well . The resolution was then unanimously adopted, as shown, Aye: •Councilmen Bange, Newman, Orr, Ridder, Titus and Mayor Hill. Nay: None. Councilman Titus said he understands that handicapped entrances have to be provided where curb, gutter -and sidewalk are -installed and he feels the Town' s Construction Standards should be amended to reflect this provi- sion. He asked that this be placed on the Public Works Agenda. On motion of Councilman Newman, seconded by Councilman Titus, the fol- lowing resolution was proposed: WHEREAS, .the Town Attorney has advised the Town Manager that the Legislature adopted, in the 1975 Session,:, Section 15.1503. 2 of the 1950 Code of Virginia, "Preservation of historical sites in counties and municipalities, " -and advised that, in light of •a re- cent decision of the Supreme Court, careful consideration of this Code provision should be given to determine the legal status of the Old and Historic District- section of the Town Zoning Ordinance, NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission be and it is hereby instructed to consider the implication of said Code provision and report to the Council. . Town Attorney Martin felt that perhaps the Town of Leesburg has notl-legal ly established its Old and Historic District and its Board of Architectural, Review and that the Planning Commission should study this very quickly. Councilman Newman called attention to an article in the VML magazine con- cerning this legislation.: Mr. Forbes said that some of the buildings in the Old and -Historic- District have already been designated by the Historic Landmarks Commission. He, therefore, felt that this would be no problem. Mr: Martin felt that perhaps this should be re-adopted. On motion of Councilman Titus, seconded by Councilman- Ridder, the following amendment was proposed: and BE IT FURTHER RESOLVED, that the Town Attorney is requested to advise the Planning Commission as to its needs in this en- deavor. 111 MINUTES OF AUGUST 13, 1975 MEETING. After some little discussion, the amendment was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Titus and Mayor Hill . Nay: None. On motion of Councilman Titus, seconded by Councilman Ridder, a further amendment was proposed: and BE IT FURTHER RESOLVED, that the Town Manager request from IIthe Virginia Landmarks Commission an official designation of the historic sites within the corporate limits of Leesburg. This amendment was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Titus and Mayor Hill. Nay: None. The resolution,, as. amended, was then unanimously adopted, as shown, and reads as follows : WHEREAS, the Town Attorney has advised the Town Manager that the Legislature adopted, in the 1975 Session, Section 15. 1503. 2 of the 1950 .Code of Virginia, "Preservation of historical sites in counties and municipalities, " and advised that, in light of. a recent decision of the Supreme Court, careful consideration of this Code provision should be given to determine the legal status• of the Old and Historic District section of the Town Zoning Ordinance, NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission be and it is hereby instructed, to consider the implication of said Code provision and report to the Council , and BE IT FURTHER RESOLVED, that the Town Attorneyis ,requested to advise the Planning Commission as to. its needs in this endeavor, and • BE IT FURTHER RESOLVED, that the Town Manager request from the Virginia Landmarks Commission an official designation of the historic sites within the corporate. limits of. Leesburg. Aye: Councilmen Bange, Newman, Orr, Ridder, Titus. and Mayor Hill . Nay: None. ' It was requested that a copy of this resolution be • sent to Mr. Phillip P. Brownrigg," Chairman of the Board of Architectural Review. On motion of Councilman Ridder, seconded by Councilman Orr, the following resolution was proposed: BE IT RESOLVED, •that the bid • in. the amount .of $0. 034 per linear foot of 4" line for approximately 50, 000 linear feet of retracing and $0. 034 per linear foot of 4" line for approximately 5, 200 linear feet for layout and painting of centerline of streets sub- mitted by Allied 'Striping be accepted. ' Mr. Devero advised that bids have been submitted on curb and gutter work and on street resurfacing and Mr. Bozel has advised that this work should be done now and before the• centerline work is done. The motion was, there- ' fore,,, withdrawn by the makers and, on motion of Councilman Titus, seconded by Councilman OiNe?, Council voted unanimously that this resolution be sent back to the Public Works Committee, with the request that bids on curb and gutter and street resurfacing be presented" to , the Committee: • Aye: Councilmen Bange, Newman; Orr, Ridder, Titus and Mayor Hill , • Nay: None. • On motion of-Councilman Titus, seconded -by Councilman Bange, the • following resolution was • proposed: BE IT RESOLVED;. 'that the Infiltration/Inflow Analysis of the • Sanitary Sewer System of the Town, - prepared by Bengtson=DeBell, Inc. , be accepted. 112 MINUTES OF AUGUST 13, 1975. MEETING. Councilman Titus explained that this was .a- detailed study and it was .found that a good deal of the infiltration is wide=spread -and not concentrated in any particular area. He felt that this study should -be accepted and then investigate as to whether or not the Town can be reimbursed for work on a project to cure the infiltration. Mr. Devero 'said he 'has talked with Mr. Bengtson concerning this . Councilman Titus felt that 'the Town should not be bound by any specific time limit on this project and asked that this be investigated before we ask for reimbursement. The resolution was then unanimously adopted, as shown: Aye: . Councilmen Bange, Newman, Orr, Ridder, Titus and Mayor Hill Nay: NOne. On motion of Councilman Titus , seconded by Councilman. Bange, the following resolution was proposed: WHEREAS; Maintenance Bond #7009773075 from United States Fi- delity and Guaranty Company has been received and approved for the maintenance of 327 feet of 10" sanitary sewer through the Hutchison property off Morven Park Road built by William A. Hazel, Inc. , and WHEREAS, "As-Built" plans have been received and approved, BE IT RESOLVED,- that--the .Performance Bond for this project ie. hereby released, and BE IT FURTHER RESOLVED, thatayment be made. to William A. Hazel, Inc. in the amount of $4,868. 09 for the total cost of this project. This was briefly explained by Councilman Titus. Mr. Chaves said he under- stands that Mr. Hutchison is very pleased with the work done:'. The resolu- tion was unanimously adopted', as shown: Aye: Councilmen Bange, Newman, Off;: Ridder, Titus and Mayor..Hill. Nay: None. II On motion of Councilman Ridder, seconded by Councilman Bange; the- . _ following resolution was proposed: • WHEREAS, the Town is in receipt of a letter from E. Frank Myers, reouesting that water and sewer taps to serve Lot ,8, Section 3, Dry Mill Subdivision, be re-establihed, and WHEREAS, on August 27, 1974, the Town sent a registered letter to Mrs . Alma Myers and Mr. E. Frank Myers, informing that that capcity was being reserved for this lot for' a period of one year from the date of receipt of said letter, - provided that noti- fication be made to the Town Manager within 45. days- of the re ceipt of said letter that they would connect to the Town sani- tary sewer system within the -one year- period, and that failure to reply within the 45 days would result in forfeiture of the right,- to connect, and • WHEREAS, the Town did not receive any reply- from Mrs. Alma Myers and Mr. E.- Frank Myers regarding Lot 8, Section 3, Dry Mill Sub- division, -. . • NOW, THEREFORE, BE IT RESOLVED, that .Mr. E. Frank Myers ' request is 'denied. , Mr. Myers explained that 'the letter..went to Mrs . ..Alma Myers; whose. son signed the- Return Receipt, and who thought..thathe (Mr. Frank Myers) would take care of it. He did not offer this as an excuse. - However, he would like- to have .the water- and- sewer taps since he has a sale- for the- lot. If granted, the Town would receive $2, 800 for the taps, plus some $300 to $400 in taxes after the house is built, as well as the normal water and sewer fees. -He paid only $10 in taxes on the lot - last year, ,so the Town is the • loser in this instance. He stated that he would -relinquish the taps if they are not used in six months. Council felt that, in the future, in the case of two owners, it would be wise to send the letter to both. In view of the circumstances, the makers of the resolution. withdrew their -motion. Mayor Hill directed that this matter be sent back to the Public Works Com- mittee for reconsideration. • 112 MINUTES OF AUGUST 13, 1975 MEETING. . Mr. Myers stated that Mr. Herbert Bryant, owner of the property where Leesburg Grain and Feed formerly was, has placed this property for sale with him. The unpaved road in front of this property belongs to him and he is willing to cooperate with the Town if the Town wishes to purchase it at this time. He said the price would be $3. 00 a foot and there would be about 8, 000 feet needed. Mayor Hill suggested that this be considered by the Public Works Committee. On motion of Councilman Titus, seconded by Councilman Bange, the fol- lowing resolution was proposed: II WHEREAS, a letter has been received from Crestwood Construction Corporation requesting an extension of its Performance Bond on Section 2-A, Crestwood Hamlet for one year, and WHEREAS, a copy of a letter has also been received from the in- surance agent stating that the premium on said bond has been paid to August 24, 1976, NOW, THEREFORE, BE IT RESOLVED, that the request of Crestwood Corporation for extension of its PerformanceBondon Section 2-A, Crestwood Hamlet, is hereby granted to August 24, 1976. Mr. Garrett of Crestwood stated that Mr. Echols owns this property, but Crestwood owns the street. It is hoped that they will have everything finished in the next twelve months . He stated that this covers a part of Valley View Ave. and a part of Carleton Street. He: mentioned the fact that, when they finish the east end of Valley View Ave. , this will leave a gap in Prospect Hills where Valley View picks up at Prospect Drive. There was also some mention of continuing the water line to give the Town a loop. The resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Titus and Mayor Hill. Nay: -. None. . On motion of Councilman Titus, seconded by Councilman Ridder, the II following resolution was proposed: WHEREAS, the Virginia Department of Highways has accepted into its system for maintenance as of July 1 , 1975 that section of Mary Anne Avenue, Leesburg Estates , Section 3, built by Paul E. Bradshaw, and WHEREAS, sanitary sewer and water lines wereinstalled, inspected and approved in conformance with the Town Standards," NOW, THEREFORE, BE IT RESOLVED, that the Performance Bond in the amount of $35, 539.35 guaranteeing the construction of utilities and streets and appurtenances in Section 3, Leesburg Estates, - be released as of June 30, 1975, and BE IT FURTHER RESOLVED, that the developer, Paul E. Bradshaw, be requested to deed to the Town water and sewer lines as •built by him to serve this development. Mr. Devero advised that the Town' s specifications call for a maintenance bond for a period of one year and he felt this should be required, thisciaTh would be for the water and sewer lines only. Thera"Vias discussion con- cerning this, with the following amendment being offered by Councilman Ridder, and ,seconded by Councilman Titus; this to replace- the third and I fourth paragraph : NOW, THEREFORE, BE IT RESOLVED, that the Performance Bond in the • amount of $35, 539. 35 guaranteeing the construction of utilities and streets and appurtenances in Section 3, Leesburg Estates, be released as 66f June 30, 1975, contingent upon the developer pro- viding a maintenance bond for a period of one year in an amount to be 'established by the Director of Public Works, and provided that the developer, Paul E. Bradshaw, deed to the Town water and sewer lines and appurtenances as built by him to serve this de- velopment. This amendment was unanimously adopted, as shown: . 114 MINUTES OF AUGUST 13, 1975 MEETING. Aye: Councilmen Bange, Newman, Orr, Ridder, Titus and Mayor Hill . Nay: None. The resolution, as amended, was then unanimously adopted, andreadsas follows : WHEREAS, the Virginia Department of Highways has accepted into its system for maintenance as of July 1, 1975 that section of Mary Anne Avenue, Leesburg Estates., Section 3, built by Paul E. Bradshaw, and WHEREAS, sanitary sewer and waterlines were installed, .inspected.. and approved in conformance with the Town Standards, . NOW, THEREFORE, BE IT RESOLVED, that the Performance Bond in the amount of $35, 539. 35 guaranteeing the construction of utilities.- and streets and appurtenances in Section 3, Leesburg Estates, be released as of June 30, 1975, contingent upon the developer pro- viding a Maintenance Bond for a period of one year in an amount to be established by the Director of. Public Works, and provided that the developer, Paul E. Bradshaw, deed to the Town water and -sewer lines and appurtenances as built by him to serve this development. Aye: Councilmen Bange, Newman, Orr, Ridder, Titus and Mayor Hill.. Nay: None. On motion of Councilman Newman, seconded by Councilman Orr, the fol- lowing resolution was proposed: BE IT RESOLVED, that the following appropriations be made: Reflecting Accounts Payable - Year ending June 30, 1975: $ 3, 052. 00 - Armfield, Harrison & Thomas - General Fund Ex- penditures #200. 101 - Additional, vremium as a result of annual audit of: Workmen s Compensation and General Liability (5-12-74/75) . • - 4, 868. 09 - William A. Hazel, Inc. - Sanitary Sewer Line - Utility Fund #1300. 903. 757. 85 - Johnson & Williams, Inc. - 12" Water Line-Route . 15 By-Pass - Utility Fund #1300. 915. Current Year $ 775. 00 - Carlyle and Anderson, Inc. - Bushhog - • General Fund #10200. 804. • 1, 153. 86 - Dewberry, Nealon & Davis - Fisher-Bishop Project - 1971 Bond Fund. 3, 800. 00 - Revenue Sharing Trust Fund - Dewberry, Nealon & Davis - Storm Sewer easement plat (8 plats from Tuscarora Creek to King Street) . . 512. 50 - Revenue Sharing Trust Fund - Bengtson-DeBell , Inc. - Storm Drainage Study. 1, 072. 30 - 1972 Bond Fund - Potomac River Project - Johnson & Williams - Prepare necessary material for submission to HUD. Councilman Rock joined the meeting at this time. There was extensive dis- cussion on many of the-items proposed to .be .appropriated. It was requested that, in the future, whereitemsare partial, payment, other billsbe in- cluded in an explanation to either th 8ypcil or the Finance Committee. . Also, it was felt "stake out" project 7be. Included in the contracts . It was also felt that items of equipment should be authorized by Council for purchase. The resolution was then unanimously adopted-, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None. • 115 MINUTES OF AUGUST 13, 1975 MEETING. On motion of Councilman Newman, seconded by Councilman Rock, the fol- lowing resolution was proposed for discussion purposes : WHEREAS, a request has been received from the Potomac Book and Bible House of Takoma Park, Maryland, for a waiver of business license, NOW, THEREFORE, BE IT RESOLVED, that a waiver of fee for a busi- ness license is granted to Potomac Book and Bible House to lo- cate their Bookmobile in Leesburg Plaza Shopping Center. After explanation by Councilman Newman and discussion, the resolution. was defeated by a roll call vote of 5 to 2, as shown: Aye: Mayor Hill and Councilman Titus. Nay: Councilmen Bange, Newman, Orr, Ridder and Rock. On motion of Councilman Newman, seconded by Councilman Rock, the fol- lowing -resolution was proposed: WHEREAS, a request has been received from Leesburg Chamber of Commerce to waive all fees and permits connected with a Crafts- man Exhibit on the Courthouse lawn on August 15, 16 and 17, 1975, NOW, THEREFORE, BE IT RESOLVED, that the request from Leesburg Chamber of Commerce be granted. After explanation by Councilman Newman and discussion, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the fol- lowing resolution was proposed: WHEREAS, V.F.W. Post #1177 has requested a waiver of permit fees to hold bingo games from July 1 , 1975 through December 31, 1975, and WHEREAS, Leesburg Volunteer Fire Company, Inc. has requested a waiver of permit fees to hold bingo games from July 1, 1975 through December 31, 1975t, and - WHEREAS, Leesburg Kiwanis Club has requested a waiver of permit fees to hold a circus on Monday, September 8, 1975, NOW, THEREFORE, BE IT RESOLVED, that these requests for waiver of fees be granted. After 'discussion, the resolution was unanimously adopted, as; shown: • Aye: Councilmen Bange, Newman, Orr, Ridder, Rock, Titus and Mayor Hill. • Nay: None. On motion of Councilman Bange, seconded by Councilman Titus, the fol- lowing resolution was proposed: WHEREAS, a letter has been received from Lucas Phillips request- !" ing that Council rescind'. itstresolution of April 9, 1975, wherein the Town of Leesburg asserts its rights of ownership to a certain alley'bcated in the Fairview Subdivision, and WHEREAS, the Public Works Committee reviewed this request with the Town Attorney and makes its recommendation to Council to re- affirm the: Town' s resolution of April 9, 1975, NOW, THEREFORE, .BE IT RESOLVED, that the Town Council hereby re- affirms its action on the adoption of the April .9., 1975 resolu- tion esolution regarding rights of ownership to the alley in Fairview Sub- division. • 116 MINUTES OF AUGUST 13, 1975 MEETING. After explanation by Councilman Titus and discussion, during which it was said that Town Attorney Martin believes the Town should find out- what the Court has to say in this matter, the resolution was adopted by a vote of 6 .for and one (1) abstention, as shown: • Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill. Nay: None. Abstention: Councilman Orr. ' It was directed that Mr. Lucas Phillips be sent a copy of this resolution. Councilman Orr left the meeting at this time. On motion of Councilman Ridder, seconded by Councilman Newman, the following resolution was proposed: - BE IT RESOLVED, that Johnson and Williams be authorized to pro- ceed with 'the necessary steps to advertise for bids for a water treatment plant designed to treat 1. 25; mg per day, • this''water treatment plant to utilize the plans and specifications as ap- proved by the Virginia Health DepartmentPei-mit #C-41. The steps involved will entail, and shall be completed within three months, the following: 1 . Review design concept with the Virginia Health Department. 2 . Review design concept with Maryland Water Resources Admini- stration to secure assurances that all' permits' will remain valid. 3. Modify and redesign where necessary, the approved` plans and specifications to reflect a 1 . 25 mg per day. plant. 4. Secure final Virginia Health Department approval. 5. Provide necessary assistance to Daniel A. Robinson Asso- ciates . Payment for this assignment shall be on an hourly basis for ' only the time actually spent. There was extensive discussion concerning the fact that cost figures are not yet available on this, although Mr. Hawthorne advised Council heret fore that this figure would probably run something under $10, 000. Mr. Hawthorne advised -Mr. Devero that these figures will be provided by the next Public Works Committee meeting. . Therewasalso extensive discussion concerning the time frame on this project, with it being felt that this is more important- than the cost. However, Johnson and Williams are asked to provide a cost figure by next Monday. Councilman Rockrstated that the main thrust of thisproject is through Daniel A. Robinson & Associates (Mr. Burt) with Johnson and Williams to assist them. The resolution was then unani- mously adopted, as shown: ' Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Rock, seconded by Councilman Newman, the fol- lowing resolution was proposed: WHEREAS, the Town Council, by resolution- adopted at a special meeting on July 7, 1975, directed the Airport Advisory Committee to negotiate an amendment and modification of the existing lease with Transamerican Airports, Inc. , with such negotiations to be concluded on or before July 21, 1975 and resulting in an executed lease agreement on or before August 4, 1975, and WHEREAS, the Town Council has been advised by the Airport Advisory Committee that negotiations are proceeding satisfactorily, however, an extension of time is needed to complete the written modifica- tion of said lease, NOW, THEREFORE, BE IT RESOLVED, that an extension of time is hereby granted to the Airport Advisory Committee to September 8, 1975 to present to Council for its consideration an amended and modified lease agreement with Transamerican Airports, Inc. 117 MINUTES OF AUGUST 13, •.1975 -MEETING. - After explanation by Councilman Rock, the resolution-was -unanimously adopted as shown: - . Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill . Nay: None. • - • An item concerning acceptance of bid for curb, gutter and sidewalk was referred back to Public Works Committee. On motion of Councilman Titus, seconded by Councilman _Ridder, -Council voted unanimously to go into executive session to discuss personnel and ' legal matters at 10: 08 P.M. . - R • • Council reconvened at 10:47 P.M. On motion of Councilman Titus , seconded by Councilman Rock, the fol- lowing resolution was proposed and: unanimously adopted, as shown: - BE IT RESOLVED, that Johnson and Williams be requested to pre- sent a proposed contract for the Step I (Facilities Planning) for the expansion of the Sewage Treatment Plant, :in accordance with the Third Track Approach, as suggested by the NVPDC and in accordance with existing EPA regulations . Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and Mayor Hill. Nay: None. Councilman Ridder called attention to a tractor-trailer that is parked onDryMill Road at the Prospect Townhouses over week-ends. - Councilman Bange askedthat Chief Kidwell -be approached concerning coffee breaks -taken by his officers . . . - On -motion of :Councilman Rock,- seconded by Councilman Newman,- the meet- ing was adjourned at 10: 50 P.M. • ayor • • % — / C erk of t e- Council . I `