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HomeMy Public PortalAbout1976_01_14 226 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 14, 1976. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on January 14, 1976 at 7 : 30 P.M. The meeting was called to order by the Mayor, with the prayer being offered by Councilman Orr, and fol- lowed with the Salute to the Flag. Present were: Mayor G. Dewey Hill , Councilmen Charles E. Bange, Mary Anne Newman, Robert A. Orr, James A. Rock and C. Terry Titus; also Acting Town Manager E. Wesley Devero and Town Attorney George M. Martin. Absent from the meeting was Councilman James H. Chamblin. The Minutes of the regular meeting of November 26, 1975, a special meeting of December 3, 1975, regular meeting of December 10, 1975 and special meetings of December 17, 1975 and December 29, 1975 were approved as written. Mr. Henry Burt, of Daniel A. Robinson & Associates , reviewed a Status Report on the Financial Feasibility of the Potomac River Water Supply. The first part of the Report deals with a list of informa- tion developed and actions taken up to this point, however, there is still the question of the long-term economic feasibility open. There is another very favorable situation that has come to light within the last month. The new wells and rehabilitated wells are bringing a great deal of new water to the Town, which will probably buy the Town about two years of time over and above what was projected origi- nally . Council may wish to take advantage of these two years in re- fining some of the information it has. Annex I is a flow chart show- ing the options open and the decisions the Town can make. The time to take such action has increased by bringing in the rehabilitated wells. Annex II is a chart of bond performance, taken from the Wall Street Journal at the end of last year - this is another factor to be taken into consideration. The third annex is a rather lengthy display of what you do to mount a campaign for a referendum. This shows the kind of materials , cost, time delays and effort that go into this type of thing. He believed that Council may wish to go into more depth in two areas . ( 1) The Goose Creek Supply, working with Fairfax City; ( 2) The contract and lease-back arrangement pro- posal presented by Puro-Tech. He said they are looking into the bond situation on the Potomac Supply and they now have the most recent Audit to work with. Councilman Titus said Mr. Burt has advised that his firm has done some research on the Puro-Tech method and feels that it should be checked out thoroughly as to legality. Councilman Newman suggested investigating the cost of securing water from Fair- fax City compared to the cost of building, maintaining and operating a plant on the Potomac. Mr. Burt felt this could be done with ease, however, both studies would be hypothetical. "A wild card in the deck" would be the contractual arrangement that might be entered into between the two jurisdictions. Mayor Hill ' s only problem with this arrangement would be how much of its own destiny would the Town be giving up if it entered into an agreement with Fairfax. Mr. Burt said there might be allocations , etc. that would have to be negoti- ated between the two cities. Councilman Titus said the idea here is to provide some source of water and as quickly and ecomincally fea- sible as possible. Mr. Devero said he has been expecting the fea- sibility study from Johnson and Williams since November - this is holding up progress on this project. He explained that this ties into the I/I Study, which is a part of the Step 1 process. He' has talked with the Water Control Board and asked that they try to get prior approval from the EPA to move ahead with our engineering sur- vey. The Town can' t move until it is approved by EPA and they can' t move until the Step 1 is completedproved. The feasibility study is tied in with this and it is important that we get this study. It was decided that Mr. Devero and Mr. Hill would call Johnson and Wil- liams tomorrow morning and report back to the Council . Acting Town Manager Devero reported on the following items : ( 1) He reported investments made by the Town recently and said that interest rates have been steadily dropping lately. Councilman Titus suggested that it might be best to go out of town on some of the larger investments. (2) The Sanitary Trunk Sewer Master Plan was received today from Bengtson-DeBell . He said he is well pleased with the working relationship and amount of work done by this firm. This Plan will be discussed at Public Works Committee meeting. MINUTES OF JANUARY 14, 1976 MEETING. (3) During the past year he has come across ordinances which require permits and there have been no such permits in the office. Directives have been issued to the administrative staff and the de- partments have responded well. He felt that the schools attended by employees ha\e proved worthwhile. Dan Hyatt has initiated new forms for keeping records (and he commended him for this) . Effective iiiunediately, they will be using a new Building Sewer Inspection Re- port. There will be a sketch on the back of the printed report which will show the location of the sewer line as it leaves a building and makes a tap - this will be invaluable in locating a stoppage. Also, as of February 1st, they will be keeping Fire Hydrant records, Man- hole Section records and Intersection Plans. The new inspector on the Potomac Transmission Line will also be using these and making records as they go down Edwards Ferry Road. (4) The Financial Reports from the Treasurer look good - as of the end of December, the General Fund is close to estimations. (5) He recommended that the items proposed for executive ses- sion be referred back to the proper committees. (6) He is doing a report on the status of grant and loan ap- plications, a progress report on the expansion of the water and sewer systems, the Step 1 funding process , infiltration and the Potomac River Project. This will be for information and reference. (7) He has been advised by the FHA regional office that our loan application has been sent to the State Agriculture Department for review. There has been a mix-up with COG as to its review, but all indications are that we will receive a favorable one. It has already been through other clearing houses and approved. He felt that supporting correspondence from the Maryland State agencies has been helpful in this review. Councilman Rock asked if the County has been contacted on this yet. There was no reply to this. Councilman Rock noted that the Hakim site is rated last on the list of five well sites. Councilman Rock said he has noticed that the streets in the Wellesley Subdivision have been fixed. The lawsuit has not been settled and he did not know there was any authority to fix streets outside Town. He felt this is a bad precedent from the standpoint of the pending lawsuit, as well as the fact that it is outside the corporate limits. Mr. Chaves said it was felt that the street a- round the manholes should be repaired in order to protect the covers from equipment removing snow. Councilman Bange recalled that Mayor Hill committed the Town to remove the snow. Mr. Rock felt that the Town committed itself only to handle the lawsuit. He did not dis- pute protecting the manhole covers , but he did object to repairing the streets. Mayor Hill said he did make the comment that the Town would not allow these people to be snowed in. " He felt the Town was obligated inasmuch as the Town had control of the bond. Mr. Rock said the Town does not have control of the bond. He did not feel that the Town had the right to use Town funds to do this work. Mayor Hill disagreed with this solely from the humanitarian side of it and felt that the Town will get the funds back when the suit is settled. Both Councilmen Titus and Rock said they would be unable to at- tend the scheduled workshop session on Monday night. Mr. Titus felt that he has ma± his position clear from the beginning and that it didn' t need to be stated again. Councilman Newman had several questions : ( 1) Has the new Town Shop building been put up? Mr. Devero said tomorrow is the completion date and more than three-fourths of it is completed. (2) Has the fencing been started around the well sites? Mr. Devero said it has not . 228 MINUTES OF JANUARY 14, 1976 MEETING. (3) There have been many reports from geologists on new wells. When is the Town going to start digging a new well? Mr. Devero said approximately 20 sites have been selected by geologists and these lo- cations are given in the report from Mr. Chaves for the purpose of review and determination by the committee. He would like to see Council go ahead with another well by spring. He talked with the owner of one of the sites and he is willing to talk with them if he knows they are considering his site. (4) She had a list of 15 items that are unresolved by Council . She was "tired of all this rhetoric" and asked that there be a little more action. She had three priority items and felt action should be taken on these right away, even if it means extra work sessions. They are: (a) the lifting of the moratorium; (2) the water supply and (3) the Airport - do something about the fixed base operator and make a decision about the Master Plan. Councilman Orr asked when Valley Sanitation' s contract runs out. Mr. Devero said on July 1st. Dr. Orr hoped a new contract would be entered into before that time. Councilman Bange asked how many trash complaints there have been this week. Mr. Devero said there have been quite a few, but not an enormous number. The Town has used its trucks in some instances. He understood that the crew has quit and the owner is driving a truck himself. He said the other two offers to collect trash are still good. Mr. Bange felt that, if this continues , the contract should be taken out from under him. Councilman Titus asked if the Town can legally enter into a con- tract for trash collection without advertising for bids. Mr. Martin said there are no restraints on this. Councilman Titus suggested that this be done the next time. Mayor Hill said the Town has problems and, regardless of who is on the Council , there will be problems. They cannot be ironed out overnight. There are seven different people with seven different ideas and there needs to be uniformity between the members. He com- mended this Council for the job it has done and felt it had under- taken a lot of real problems. Mayor Hill presented to Colonel George E. Isaacs a Certificate of Appreciation for more than fifteen years of service on the Board of Zoning Appeals . He added that Colonel Isaacs had served a two- year term as Councilman just prior to his service on the BZA. Mayor Hill also presented a Certificate of Appreciation to Maurice R. Lowenbach, Jr. for twelve years of service on the Board of Architectural Review. Mr. Lowenbach also served the Town as Mayor, Councilman and a member of the Planning Commission, the Board of Zon- ing Appeals and the Airport Commission. On motion of Councilman Titus, seconded by Councilman Orr, the following resolutions were unanimously adopted, as shown: ( 1) WHEREAS, Colonel George E. Isaacs has tendered his resigna- tion as a member of the Leesburg Board of Zoning Appeals, and WHEREAS, Colonel Isaacs should be recognized for his more than fifteen years of service as a member of the Leesburg Board of Zoning Appeals, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of the Leesburg Town Council do hereby express their appre- ciation to Colonel Isaacs for his many years of service to the Town as a member of the Board of Zoning Appeals, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent by the Clerk of the Council to Colonel George E. Isaacs . (2) WHEREAS, Maurice R. Lowenbach, Jr. has tendered his resigna- tion as a member of the Leesburg Board of Architectural Review, and MINUTES OF JANUARY 14, 1976 MEETING. WHEREAS, Mr. Lowenbach should be recognized for his twelve years of service as a member of the Leesburg Board of Archi- tectural Review, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of the Leesburg Town Council do hereby express their appre- ciation to Mr. Lowenbach for his many years of service to the Town as a member of the Board of Architectural Review, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent by the Clerk of the Council to Maurice R. Lowenbach, Jr. Aye: Councilmen Bange, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Bange, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that Hunter M. Leach and William F. Webb, Jr. , whose terms as members of the Leesburg Planning Com- mission expired on December 31 , 1975, are hereby reappointed to serve for another four-year term, said term to expire on December 31 , 1979. Councilman Bange said Mayor Hill has requested that two appointments be made to the Commission. He said these two men have indicated their willingness to serve and they have a lot of experience. There will be another vacancy on the Commission in either March or April . Coun- cilmen Titus and Rock both felt that they could not support the re- appointment of these two men, chiefly because the Planning Commis- sion has produced nothing in the way of revised Zoning and Subdi- vision Ordinances needed in connection with the Comprehensive Plan adopted in 1974. Town Attorney Martin said the Commission really needs one person to guide this work. He said he would be glad to attend the next work session and offer any legal assistance neces- sary. A roll call vote on the resolution was as follows : Aye: Councilmen Bange, Newman and Orr. Nay: Councilmen Rock and Titus. Abstention: Mayor Hill . On motion of Councilman Titus, seconded by Councilman Orr, the following resolution was proposed: WHEREAS, a request has been received from the Loudoun County School Board for a waiver of fee for water line extension permit for the Loudoun County Vocational Technical Education Center ($5. 00) , NOW, THEREFORE, BE IT RESOLVED, that said fee is hereby waived. Mayor Hill said all other fees for this project have been waived. On motion of Councilman Titus , seconded by Councilman Orr, Council voted unanimously to call for the question. The resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Rock, the following ordinance was adopted, as shown: AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE TOWN OF LEESBURG, VIRGINIA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF LEESBURG, VIRGINIA: 230 MINUTES OF JANUARY 14, 1976 MEETING. Section 1 . That the Code of Ordinances, consisting of Chap- ters to 20, each inclusive, is hereby a opted and enacted as the "Town Code of Leesburg, Virginia, " and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all general and permanent ordinances of the Town adopted on or before September 24, 1975, to the ex- tent provided in Section 2 hereof. Section 2. That all provisions of such Code shall be in full force and effective from and after the 14th day of February, 1976, and all ordinances of a general and permanent nature of the Town of Leesburg, adopted on final passage on or before September 24, 1975, and not included in such Code or recog- nized and continued in force by reference therein, are hereby repealed from and after the 14th day of February, 1976. Section 3. That the repeal provided for in Section 2 hereof shall not be construed to revise any ordinance or part thereof that has been repealed by a subsequent ordinance which is re- pealed by this ordinance. Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a mis- demeanor or whenever in such Code the doing of any act is re- quired or the failure to do any act is declared unlawful , and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine of not more than One Thousand Dollars ($1, 000. 00) , or by imprison- ment for a period of not exceeding Twelve (12) months , or by both such fine and imprisonment, as provided in Section 1-13 of such Code. Section 5. That any and all additions and amendments to such Code, wren passed in such form as to indicate the intention of the Council to make the same a part of such Code, shall be deemed to be incorporated in such Code so that reference to the "Town Code of Leesburg, Virginia, " shall be understood and intended to include such additions and amendments. II Section 6. That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Sec- tion 1-13 of such Code shall apply to the section as amended, or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. Section 7 . All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 8. This ordinance shall become effective on the 14th day of February, 1976. ADOPTED this 14th day of January, 1976. ,/ 0 May. ATTEST: II Clerk of the Council Aye: Councilmen Bange, Newman, Orr, Rock and Mayor Hill . Nay: None. Pass: Councilman Titus. Council discussed how often they would like to have a looseleaf supplement printed for the new Town Code. It was the consensus of mom present that it be printed on a quarterly basis, with Councilman Titus stating that he would like it printed sem-annually. I 231 MINUTES OF JANUARY 14, 1976 MEETING. On motion of Councilman Bange, seconded by Councilman Newman, the following resolution was proposed : BE IT RESOLVED, that the Town Manager is hereby author- ized to have a 7 , 000 lumen street light placed at the intersection of Davis Avenue and Wirt Street on VEPCO Pole #HA-13, at a cost of $52. 03 per year. Councilman Titus said the Council had a plan several years ago to light the entire Town, however, this plan seems to have been deferred to other locations . He felt it best to get back on a schedule and do this work piecemeal . He said he was going to vote against this resolution and another one having to do with lighting purely for this reason. Councilman Orr agreed with him and said that the stretch of Dry Mill Road from the Prospect Townhouses to his house is pitch dark. Councilman Bange felt that the entire Town should have lights at the least 400 yards apart and at every intersection. A roll call vote defeated the resolution, as shown: Aye: Councilmen Bange, Newman and Mayor Hill . Nay: Councilmen Orr, Rock and Titus. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed and unanimously adopted after some discussion, as shown: BE IT RESOLVED, that the Town Manager is hereby authorized to purchase a salt spreader from Capital Equipment Company, in accordance with proposal in the amount of $2, 992. 00, and BE IT FURTHER RESOLVED, that an amount of $2, 992. 00 is here- by appropriated for this purchase from Acct. #10110. 807. Aye: Councilmen Bange, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Newman, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the Town Manager is hereby authorized to instruct VEPCO to erect poles and install nine (9) 11,000 lumen mercury lights on Plaza Drive, at a cost of $3, 596.00. Councilman Newman explained that this has been discussed for some months and is badly needed - Chief Kidwell feels that it is neces- sary. Mayor Hill felt that the lights are necessary, however, he said he voted against this street - he felt it was the developer' s job to do this. A roll call vote adopted this resolution, as shown: Aye: Councilmen Bange, Newman, Orr and Rock. Nay: Councilman Titus and Mayor Hill . On motion of Councilman Newman, seconded by Councilman Orr, the following resolutions were unanimously adopted, as shown: (1) BE IT RESOLVED, that a waiver of fee for raffle permit is hereby granted to the Ladies ' Auxiliary of the Leesburg Volunteer Fire Department for year ending December 31, 1976. (2) BE IT RESOLVED, that the Leesburg Volunteer Fire Department be given a waiver of license fee to hold bingo games through December 31 , 1976. Aye: Councilmen Bange, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. There was lengthy discussion concerning a request from Safeway Stores for changes in entrances to its parking lot. It was felt that any changes should wait until such time as the Route 15 Urban Project is done in this area. It was also felt that this is the most dan- gerous intersection in Town at this time and that all steps should be taken to correct this situation, including contacting Mr. Coldiron of the Culpeper Highway Department office to try to speed up this project . It was recalled that a former discussion suggested con- 232 MINUTES OF JANUARY 14, 1976 MEETING. struction of a light at this intersection and seeking a partial pay- ment on the Urban Project. Mayor Hill asked that Mr. Devero and Chief Kidwell follow up on this with Mr. Coldiron. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made: $3, 026. 80 - Utility Fund #10301. 813 - Badger Meter, for water meters and connectors . 1, 099. 90 - Utility Fund #10120. 818 - J. V. Santmyer, Inc. , for Automation of Wells. 165.00 - General Fund #5010. 801 - Ken Lineberg Office Supply, for used drafting table. 933. 75 - General Fund - DeLashmutt Associates, for Huntland Homes , Sec. I, as-built survey (from deposit forfeiture C & M Construction) . 1, 726. 25 - Utility Fund #10120. 265 (new account #) - Bengtson-DeBell, Inc. , for water and sewer system appraisal . 682 . 18 - Utility Fund #10120. 817 - Bengtson-DeBell , Inc. , for Sanitary Sewer Master Plan. 6, 210. 00 - General Fund #5020. 265 - Hartzog, Lader & Richards - Development of Historic Preserva- tion Program for the Old and Historic District. 6, 225. 00 - 1972 Bond Fund - Inspector' s salary to 6/30/76, for Standtank and Transmission Line Project. There was lengthy discussion concerning the situation on the Huntland Homes (C & M Construction Co. ) settlement, with Town Attorney Martin explaining the details of negotiations with Mr. Cerick, Attorney for the purchasers of Huntland Homes. Mr. Martin said it will be up to Council to make a final decision on the disbursement of the remainder of these funds. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Orr, Rock, Titus and Mayor Hill. Nay: None. Mr. Devero reported that the appraisal from Wendell Kline on easements needed for the Town Branch storm drainage project have been received and will be reviewed by Mr. Chaves and then turned over to the Town Attorney. Also, Mr. Babson desires a change in the plat on the prop- erty at the West Triangle - he wants to convey more of this property to the Town, with the hope that it will be cleaned up and properly landscaped. Councilman Bange felt that the Town should accept this property and will then clean it up. On motion of Councilman Rock (for discussion purposes only) , seconded by Councilman Bange, the following resolution was proposed: WHEREAS, L. H. Shor and Associates, Inc. was notified on November 14, 1975 of a resolution adopted by the Town Council at its meeting on November 13, 1975 concerning an Agreement dated February 13, 1974 between L. H. Shor and Associates, Inc. and the Town of Leesburg, whereby said Agreement called for the payment of availability fees by L. H. Shor and Associates , Inc. on or before November 30, 1975 for 169 water and sewer taps for the Scandia project, now known as "Heritage Square", and WHEREAS, no payment of availability fees was made by November 30, 1975 by L. H. Shor and Associates, Inc. for the above proj- ect, and WHEREAS, L. H. Shor and Associates , Inc. was notified, by Cer- tified Mail-Return Receipt Requested, on December 5, 1975 that MINUTES OF JANUARY 14, 1976 MEETING. its failure to pay for the reserved 169 taps was regarded as a default under the Agreement of February 13, 1974 and, furthermore, L. H. Shor and Associates , Inc. was notified on December 16, 1975, once again confirming the Town' s po- sition that it was no longer bound by the Agreement of Febru- ary 13, 1974 and that said Agreement had been made void by reason of L. H. Shor and Associates, Inc. ' s default, NOW, THEREFORE, BE IT RESOLVED, that this resolution be adopted for the purpose of spreading on the Minutes that the Agreement dated February 13, 1974 between L. H. Shor and Associates, Inc . and the Town of Leesburg is hereby null and void. 4 Mr. Devero explained that this resolution is the suggestion of Mr. Hugo Blankingship. Mr. Shor has talked with both Mr. Blankingship and him and has said he cannot come up with the money for these taps. Mr. Devero said this would "free up" the 272 sewer taps formerly held by him. Councilman Titus said the next step, then, would be to notify the first person on the Priority List. This would be the owner of Carrvale Subdivision. It was pointed out that, if, the developers of Carrvale start the process to use these taps, there would be no purpose in lifting the moratorium - there would be no sewer taps available. It was felt that the adoption of this reso- lution and one to lift the sewer moratorium should be done simul- taneously. In view of the problems that might be encountered, on motion of Councilman Bange, seconded by Councilman Rock, Council voted unanimously to table this resolution, as shown: Aye: Councilmen Bange, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. Councilman Titus said this resolution is being tabled for purposes of clarification. Councilman Orr left the meeting at this time. On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: WHEREAS, the Council authorized the filing of a petition to condemn certain lands and easements owned by Hakim As- sociates for a well site and obtained an Order for early entry and deposited $3, 000. 00 with the Clerk of the Cir- cuit Court for Loudoun County, in accordance with the early entry order and statutes , and WHEREAS, the Town has not proceeded to exercise its rights of early entry and, because of certain expert conclusions of another geologist, has decided to abandon the project, RESOLVED, that the Town Attorney is directed to obtain an order directing the return of the $3,000.00 deposit and dismissal of the suit, and RESOLVED, if the deposit cannot be turned back to the Town, then the Town Attorney shall forthwith inform the Council of this for further consideration and direction as to how to proceed. This was explained by Councilman Titus . Town Attorney Martin said Mr. Herb Morgan would like the easement returned to him. This will be taken care of at a later date. The resolution was then unani- mously adopted, as shown: Aye: Councilmen Bange, Newman, Rock, Titus and Mayor Hill. Nay: None. On request by Councilman Titus, Mayor Hill called for a recess at 9: 48 P.M. , with Council reconvening at 10: 04 P.M. On motion of Councilman Titus , seconded by Councilman Rock, the following resolution was proposed: 234 MINUTES OF JANUARY 14, 1976 MEETING. WHEREAS, counsel for Leesburg Manor Associates advised the Town Attorney that, due to the delay that Leesburg Manor Associates did not have the cash on hand to pay the sum of $70, 400. 00, but would have this in hand by February 5, 1976, and requested an extension to that date to make the payment and agreed to execute a non-interest bearing note to secure the Town for said sum, payable to the Town on February 5, 1976, and WHEREAS, counsel for Leesburg Manor Associates advises that the note properly executed is in hand and that the same will be delivered as soon as he is advised that the Council approves the extension proposal , RESOLVED, that Leesburg Manor Associates be and it is hereby granted an extension to make said payment on February 5, 1976, contingent upon delivery of the note to the Town Treasurer, and RESOLVED, further, that upon payment of the $70,400. 00 on February 5, 1976, the Town Treasurer be and he is hereby authorized to return the note and provide a proper receipt indicating that said payment is in full satisfaction of the fees owed by Leesburg Manor Associates to the Town for sewer and water availability and connections, and RESOLVED, further, that if the said sum is not paid in cash by an acceptable method on February 5, 1976, then the Coun- cil will determine whether to proceed to recover on the note or on the contract . Town Attorney Martin explained that, if they don' t pay cash on Febru- ary 5th, Council will have to make a decision as to which way to proceed. He pointed out that the note is non-interest bearing. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Newman, Rock, Titus and Mayor Hill. Nay: None. Mr. Martin asked that the Clerk call Mr. Engle tomorrow morning and advise him that the above resolution has been adopted. Councilman Titus called attention to the icy condition on West Loudoun Street from the Car Wash. Councilman Bange said he understood that the owners take care of putting salt on the streets when this contion exists. Chief Kidwell also said he understood that there was agreement between the owner and the Town concerning this , and that his officers notify the owners when the street becomes icy. On motion of Councilman Titus, seconded by Councilman Rock, Council voted unanimously to go into executive session to discuss legal and land acquisition matters at 10: 11 P.M. Council reconvened at 10: 55 P.M. and, on motion of Councilman Rock, seconded by Councilman Bange, the meeting was adjourned at 10: 57 P.M. There was no actionafte^executive session. / :mayor Cier o the ouncil