Loading...
HomeMy Public PortalAbout1970_04_08 :1(32• MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 8, 1970. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 W. Loudoun Street , Leesburg, Virginia on April 8, 1970 at 7 :30 P.M. The meeting was called to order with a prayer by the Mayor. Those present were : Mayor Kenneth B. Rollins , Councilmen G. Dewey Hill, Frederick R. Howard, Walter F. Murray, Robert A. Orr, John W. Pumphrey and John A. Wallace , Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. • • Councilman Murray corrected the Minutes of the last meeting on Page 158 regarding the sale of-mixed beverages to read that he abstained from voting because he is an ABC licensee . The Minutes were then ap- proved, as corrected. Mr. Robert G. Sharp addressed Council, asking that some action be taken regarding the fee for registration for solicitation by a group of , young people from the high schools in the County. He explained that Westinghouse DECO sponsors these groups of boys and girls , with the full approval of the principals and the School Superintendent . They have formed two companies , have their own officers and have sold stock to their parents and other interested parties , with the stock amounting to about $170.00 per company . They set up production lines and make dif- ferent items and pay themselves 20 cents per hour, then they have to sell what they have made in order to show a profit for their stockholders _ and companies . The purpose of these groups is to try to teach the young people the value of being in business and, when you are in business , making a profit if possible . They meet once a week at DECO and Mr. Sharp '. is their sponsor. He said he thought that selling their products from door to door had been cleared with the Town Ordinances, but it was found last night that it has not been, therefore , he is asking Council if it ; would be willing to waive the registration fee for these young people so that they may sell their products from door to door . These are Junior Achievement Companies and are known as the Northern Virginia Products Company and the County and Valley Company . Councilman Hill said he would be more impressed if some of these children were here , but Mr. Sharp ex- plained that it was too late this evening to bring any of them along by the time he had made arrangements to appear before the Council. On motion of Councilman Murray , seconded by Councilman Orr, Council voted unanimously that the fee for registration for solicitation within the corporate limits of Leesburg for the Northern Virginia Products Company and the County and Valley Company be waived, and that these individuals obtain identification required by Town Ordinances in order to solicit sales within the corporate limits of Leesburg. It was decided that certificates could be issued for each company and copies made to give the members of each company , rather than take the time to register each one individually. Councilman Hill asked Mr. Sharp to have a representa- tive of each of these companies here at the next meeting so that they will know that this is the procedure to be followed. Town Manager Ritter reported the following : (1) He briefly explained several items on the Agenda , including Item 3 , which involves a Change Order that should be approved tonight , and which involves a change in the construction plans on the Chlorine Room at the new Plant . It was designed to handle 10 - 150# cylinders , and the change would involve using 1-ton cylinders . This matter came up last August and was discussed with Johnson and Williams at that time . They admitted that the change would be advisable inasmuch as conditions had been changed between the time the plans were drawn and the construction started. At the time the new Plant is enlarged, we would have to go to 1-ton cylinders . Johnson and Williams say they designed it for 150# cylinders . for reasons of economy in design. However, in investigating other Plants , we found that most of them are using 1-ton cylinders be- cause of the economy they afford. We can save on the amount of chlor- ine needed for the Plant . Mr. Ritter said he asked for bids on this and the low bid was 62 cents per pound, which would mean a savings of about $6 .00 a day, or nearly $2,200 a year in chlorine . The reason for the delay in making this change was that we just received the estimated cost of doing this work on Monday of this week - English Construction Co. was waiting on the chlorine supplier . Mr . Ritter said he had talked to Wal- lace & Tiernan today and they said their PurchachE Department is handling the amount of credit to be given on the scales formerly planned for this room. The Change Order asks for a 45-day time extension. We had pre- viously extended the contract to October 31st and this would take it up to about December. 163 MINUTES OF APRIL 8 , 1970 MEETING. . (2) We :have received word from the State of Maryland that they have approved our request for extension of time on the Potomac River Project . . (3) We have received approval from the Rust heirs to make the test borings on the Rust property . Johnson and Williams is proceeding on this . They are also working on the financial feasibility study and the Rate study on the Referendum to be held in July. (4) The proposed water and sewer extension policy has been received from Dewberry, Nealon & Davis . He and Mr. Forbes have found a few er- rors and they want to discuss them before it is discussed with the Utility Committee . (5) A letter has been written to the United States Geological Sur- vey on the Frank Myers Well. It was explained that we will not complete the transaction until the Agreement between the U. S.G.S . and Mr. Frank Myers is definitely terminated. (6) The new real estate assessment is $ 18,896 ,680, this , of course, being subject to adjustment on certain properties . Last year it was CO $12,858,810, which means the new assessment is about a 50 per cent in- CD crease. Ten years ago, it was $2 ,405 ,000 . CD (7) We are still having trouble over the flagpoles . Wefound one CD is badly damaged and are going to send both of them back, at the request of the Company. (8) The $250,000 Federal Grant money has been invested with First and Merchants Bank - $100 ,000 for 30 days at six per cent and $150,000 for 60 days at 62 per cent . Mayor Rollins asked Town Attorney Martin the status of the Potters Field case . Mr. Martin said it is being held up until we find out who is going to represent the Bank and the County since Mr. Penn has become I a Judge . Councilman Hill asked if the flagpoles were damaged in transit . Mr. Ritter said a representative of Hemingway Transport came over and looked at them and he places the blame on the shipper, but we can ' t prove any- thing. We wrote a letter to Annin and Company and they want us to ship them back to them for assessment . We think it is due to a blow of some sort. Once they are up, there should be no problem. Councilman Hill asked if they are that fragile . Mr. Ritter said they are fiberglas , but repeated that there should be no trouble once they are up because nothing should hit them other than perhaps a bird. There has been some talk of using just one flagpole and, if we wish to do this , there is a possi- bility that perhaps Morven Park would purchase the other one . Councilman Wallace asked how the report from Dewberry, Nealon and Davis on the water and sewer policy is to be handled. Mr. Ritter said he and Mr. Forbes have found some errors in the report and he has talked to Mr. Patteson about these . He agrees that there are some things that should be changed and hopes to have the report ready for the Utility Committee meeting on Monday . Mayor Rollins asked that an account be kept of the number of hours it takes to correct the report. Councilman Howard asked if the Town runs routine criminal checks on the people we employ . Mr. Ritter says we do on the Police in every case, but not on everybody else . Mr. Howard suggested that this be done, I it might save some headaches in the future . Councilman Pumphrey asked what the problem with the sewer is going through M & G ' s back lot . Mr. Ritter said Mr. Milbourn called one day when it was raining exceptionally hard and he is talking about something that has existed for a long time. When the ground conditions are such that the ground is full of water, it comes out in back of their place and into the line on King Street - ground water is getting in along the creek somewhere. Mr. Pumphrey said Mr. Milbourn claims it is washing all the gravel away. Mr. Ritter said infiltration is something that we have to work on this summer. We have had trouble down that whole line 1034 MINUTES OF APRIL 8, 1970 MEETING. • for a long time, all the way from Dry Mill Road down. It is possible to turn this sewage into the new line , where we know there is definitely no leak. This is the line coming down from the Hospital, everything west and north of this whole area goes into this line . We have talked about putting all of this into the new line and it is possible that we can do • this . Mr. Pumphrey asked if there is• anything below Route 15 that goes into this line . Mr. Ritter said there are a few connections , but he believes the trouble is •above King Street . We could use the old line from a point in King Street . This is about 90 per cent plain water. Councilman Hill asked if we have checked the new line at all during heavy rainstorms to see how much infiltration there is . Mr. Moody said there is very little and he is surprised at the small amount in both lines - there is less than there was when the job was finished. On motion of Councilman Howard, seconded by Councilman Hill, the following resolution was offered for discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg; that the Town Manager be authorized and directed to proceed under Sec . 58-1014 of the State Code in the collection of real es- tate taxes . Councilman Howard explained that Chancery suits would be instituted if the people do not pay their real estate -taxes ; he suggested starting with some of the higher ones . Mayor Rollins questioned when taxes are con- sidered delinquent and when property should be sold, in other words, how much leeway would a person have before suit would be brought. Town Attorne Martin said this section of the Code provides the method by which prop- erty can be sold. Mayor Rollins said the County sells property only after the taxes are delinquent for three years . Mr. Ritter read the section dealing with the sale of real property for delinquent taxes from the Municipal Code . Town Attorney Martin said he believes the Treasurer would have to wait the same length of time as the County and recommended three years , however, he believed the Council could instruct that land be sold at an earlier date if they so desired. On motion of Council- man Hill, seconded by Councilman Pumphrey, Council voted unanimously that this resolution be referred back to the Laws and Administration • • and Finance Committee for review and recommendation back to the Council On motion of Councilman Pumphrey, seconded by Councilman Murray, and after discussion, particularly as to estimated quarterly use; the follow- ing Ordinance was adopted by a vote of 6 to 1, with Councilman Wallace casting the dissenting vote : BE IT ORDAINED by the Town Council of the Town of Leesburg, that a new Section be added to the Town Code to provide for a deposit to be made prior to turning on water at existing meters : Sec . 25-25 . 1 A deposit of $20.00 shall be made for all new water accounts that serve residences and small commercial users , and a deposit based on esti- mated quarterly use for others . On motion of Councilman Pumphrey , seconded by Councilman Hill, the following Ordinance was offered for discussion : BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 25-27 of the Town Code be amended to set a date at which time water bills are due and payable, to set a date at which time water bills are delinquent , and to set a date for the discontinuance of water service for non-payment of water bill : • • Sec . 25-27 Water bills are due and payable within 30 days from date of billing . •The bill for water used at any business establishment, institution, residence or place where water is used shall be declared delin- quent 90 days from date of billing ; and water ser- vice shall be discontinued 10 days thereafter. 165 MINUTES OF APRIL 8, 1970 MEETING. " After discussion, during which Town Attorney Martin pointed' out that many things are being done by the Treasurer 's Office with no sanction of Council or Ordinance spelling out the regulations , on motion of Mayor Rollins , seconded by Councilman Orr, Council voted to refer this back to the Utility Committee for insertion of the Notice requirements . On motion of Councilman Howard, seconded by Councilman Murray, the following_ resolution was offered: 0 . BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Attorney be authorized and directed to examine the title and to obtain Title Insurance on the Frank Myers Well lot . Councilman Hill asked if we should not have clearance from the Department of Interior before this is done . Town Attorney Martin said he would not run the title until this is cleared. On motion of Councilman Orr, sec- onded by Councilman Pumphrey , Council voted by- roll call vote of 6 to 1 , with Councilman Howard voting against it, that this resolution be tabled until we hear from the Interior Department . C.fl On motion of Councilman Pumphrey, seconded by Councilman Orr, the CD following resolution was unanimously adopted : CO WHEREAS, the contract with Jesse Randolph for the collection CO and disposal of refuse expires on June 30, 1970, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to advertise for bids for the collection and disposal of ref- use for a two-year period, beginning July 1 , 1970 . On motion of Councilman Wallace , seconded' by Councilman Murray, the following resolution was offered: WHEREAS , Section 15 . 1-1403 of the Virginia Code , a part of the Virginia Area Development Act, authorizes the organization of a planning district commission by written charter agreement ; and WHEREAS, pursuant to Section 2 . 1-63 .5 of the Virginia Code geo- graphic boundaries of a planning district have been established; and WHEREAS, the governing bodies of the governmental subdivisions embracing the majority of the population within said planning district desire to organize a planning district commission by written charter agreement ; and WHEREAS , the Council of the Town of Leesburg , Virginia, the governing body of that Town, desires to join in organizing such a commission so that the Town will become a party to such darter agreement and be represented in the composition of the membership of such commission; therefore BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF LEESBURG, VIR- GINIA: 1 . That it hereby adopts the CHARTER AGREEMENT OF NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION, a copy of which is at- tached hereto and made a part of this resolution. 2 . That Kenneth B. Rollins , Mayor of the Town of Leesburg, be and hereby is authorized and directed to sign and execute on behalf of the Town of Leesburg the CHARTER AGREEMENT OF NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION, a copy of which Charter Agreement is attached to this resolution. 166 MINUTES OF APRIL 8 , 1970 MEETING. 3 . That Dorothy B. Rosen, Clerk, be and hereby is authorized and directed to witness the signature of said Mayor and to af- fix the official seal of the Town on said CHARTER AGREEMENT OF NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION, a copy of which is attached to this resolution. Discussion followed, with Councilman Wallace pointing out that Leesburg would not be required to make any contribution for the remainder of this year. The contribution for the first year would be $500 . wtthxthexnext yeaxxhezNgxenxax$®xuentxpexxeap±taxbas$sx If the County decides to join, they would have two members on the Commission. As far as any Federal money is concerned, the first big project is Criminal Justice . He could see no harm in joining from now until June and then Council would have to decide whether it wants to remain as a'member of the Com- mission after June 30th. Councilman Orr left the meeting at this time , leaving only six members present . A roll call vote was taken on this resolution, showing 4 for and 2 against, they being Mayor Rollins and Councilman Pumphrey. On motion of Councilman Hill, Councilman Murray was nominated to be the representative on the Commission. On motion of Councilman Pum- phrey, seconded by Councilman Wallace, nominations were closed. Mr. Murray said that Councilman Pumphrey did not vote for the Town to join the Commission and he would like to go into this with a unanimous feel- ing . He also said he hoped that the Town Manager and Planning Director can make arrangements so that the Planning Director can attend the meet- ings with him. He reiterated that he would like to see this unanimous . Mayor Rollins explained his position on this - that he is for regional cooperation and he will go along with the wishes of the majority, but he said he could not vote to join because he does not feel that it is in the best interest of Leesburg . However, he said he shall certainly vote to assist our representative . Councilman Pumphrey said he could not believe that Mr. Murray would represent the Town in any way but the best possible. Councilman Murray said he does not expect to come back with an ironclad recommendation in just two months ' time. Councilman Hill suggested that perhaps he can talk with some of those that have been members all along and see how they feel, then use the next two months to fill in the rest . Mr. Murray said he would do his best. He was then elected the representative by acclamation and unanimously . Mr. Murray asked again that Mr. Forbes attend these meetings with him. On motion of Councilman Pumphrey, seconded by Councilman Hill, the following resolution was unanimously adopted: BE IT RESOLVED by the Council for the Town of Leesburg, that the Virginia Alcoholic Beverage Control Board be and it is hereby requested that Section 5 .64, Regulations of said Board, be and the same shall be rescinded so that the sale and con- sumption of wine , beer and mixed alcoholic beverages shall fall within the purview of the 1 :00 o 'clock hour of Section 5 of the Regulations of said Board. On motion of 'Councilman Wallace, seconded by Councilman Hill, the following resolution was. offered: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriations be made : (a) $ 8. 20 - A & E Blueprinters . Printing during Febru- ary. 1969 Bond Issue . (b) 1,000 .00 - Thomas Balch Library, Contribution. General Fund-Capital Outlays . • (c) 175 .00 - Stanley S. Fewell - Town 's share of payment • towards construction of driveway, in connec- tion with Edwards Ferry Road Project . General Fund-Capital Outlays . (d) 19,367 .82 - English Construction Co. - Est. #18 on Proj - ect S-I . 1969 Bond Issue . (e) 15 ,760.83 - Tri-County Asphalt - Est . #1 for work on Edwards Ferry Road Project . General Fund- Capital Outlays . 1167 MINUTES OF APRIL 8, 1970 MEETING. Mayor Rollins read a letter from Mrs . Carr regarding the Edwards Ferry Road project and payment for same . Mr. Ritter said 60 some percent of this first payment would come out of Mrs . Carr ' s first check. He also said they have cut a drainage ditch on Edwards Ferry Road this af- ternoon and have been cutting down trees . He also said the check and Deed of Easement for Stanley Fewell will be sent to Mr. Penn, who is representing him. The resolution was then unanimously adopted. , . On motion of Councilman Howard, seconded by Councilman Hill, the following Ordinance was offered: BE IT ORDAINED by the Town Council of the Town of Leesburg, that a new Section be added to the Town Code, providing for the placing of a lien upon real estate for delinquent water and sewer bills : Sec . 25-27 . 1 There shall be a lien upon the real estate for the amount of any rates , fees and other charges made by the Town to the owner of such real estate for the water and sewer services rendered by the Town to such real. estate from ;.CD and after the time when such rates , fees and CD other charges become delinquent . The Treasurer shall certify to the Clerk of Ca the Circuit Court for Loudoun County the a- mount of delinquent water and sewer charges , . together with the fee to be paid for each entry on the Judgment Records by the Clerk. This Ordinance was discussed at length, with Councilman Howard stating that the County Sanitation Authority dockets against both the owner and the tenant . Town Attorney Martin said he would want a ruling from the State Attorney General before he would want to docket such liens against the owner if the bill is actually the responsibility of the tenant . 1 It was Councilman ,Hill 's suggestionthat a copy of this Ordinance would be given to the owner of the property at the time the tenant applies for water. . On motion of Councilman Murray, seconded by Councilman Pum- phrey , an amendment was offered to delete that part of the second para- graph of the section which reads : "or lessee or tenant" This amendment was killed by a roll call tie vote of 3 to 3 . Councilman Pumphrey then moved to refer the Ordinance back to the Utility Committee . This was seconded by Councilman Murray and was adopted by a vote of 5 to 1, with Councilman Wallace casting the dissenting vote. _ On motion of Councilman Wallace, seconded by Councilman Murray, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : (a) $10 ,729.63 - Maryland Excavators. for Estimate #4 on Rt'. 654 Sewer Line . 1969 Bond Issue. (b) 26,890.33 - Limbach Company for Estimate #8 on Proj - ect S-II: 1969 Bond Issue . (c) . 4, 210.88 - Limbach Company for Estimate #2 on Proj - ect S-IV. 1969 Bond Issue . On motion of Councilman Pumphrey, seconded by Councilman Hill, the following resolution was offered : WHEREAS, it has been determined by Johnson and Williams and the Town of Leesburg that a change in plans on Chlor- ine Facilities at the new Sewer Plant should be made to provide for the use of 17ton chlorine cylinders , rather than the use of 150# cylinders , -: iHS MINUTES OF APRIL 8 , 1970 MEETING. - - NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that- the Town Manager be authorized to - sign Change Order #4 , which would, in effect , authorize the contractor to proceed with the installation of necessary work which would incorporate such changes . Mr. - Ritter explained that this change will cost about $5 , 990, less a credit on the first scale of around $1400 to $1500 . Also , we will get Federal assistance on this to the amount of about 30 per cent . Mayor Rollins voiced his dissatisfaction with the engineers on such changes ; especially paying the engineers for work on changes due to their mistakes , more particularly in this instance referring to Walter L. Phillips on the mistakes made on the Edwards Ferry Road Project . He was also referring to the corrections that have to be made by Town engineers to the Dewberry , Nealon and Davis study on the Wallace sewer line . Mr. Bozel explained the necessary changes to. the Edwards Ferry Road project, which were just found in the last few days . Mr . Ritter said he was not aware of the Edwards Ferry Road drainage prob- lem until last night . These things usually come up after the engineers have been paid. In this particular case, Johnson and Williams had to rearrange all the facilities in the one room to make this change and there will be some cost from them due to the change in design. Mr. Williams takes the position that their first design of this room was done for economic reasons . Councilman Hill said we should not "close all doors" by paying engineers in full on these studies and designs . Mr. Ritter said he thinks we can discuss this with Johnson and Williams' at the end of the project on the final bill. The resolution was then unanimously adopted. Councilman Wallace left the meeting at this time , leaving only five (5) members present . • On motion of Councilman Pumphrey, seconded by Councilman Murray, • the following resolution was offered for discussion. • WHEREAS, right-of-way is needed from John A. Wallace et al, for the widening of Edwards Ferry Road, and WHEREAS , Mr. Wallace has submitted a sketch prepared by De- Lashmutt Associates , dated March, 1970, showing a proposed 10-" Sanitary Sewer Line to serve land owned by him between Route 7 and Edwards Ferry Road, and WHEREAS, Mr. Wallace has agreed to grant sufficient land along Edwards Ferry Road to provide a 70 ' right-of-way , in accordance with plans prepared by Walter L. Phillips , pro- vided the Town of Leesburg will approve the sketch described above and permit him or designated agents to construct the 10" Sewer Line, and further provided that , if a larger size pipe is needed to serve land other than his , this cost will be borne by others . - • • NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town hereby approves of the above, upon the following conditions : (a) That, upon receipt of advice from its engineers , Dew- berry, Nealon & Davis , that a• 10" Sewer Line is the proper size pipe needed to serve the Wallace land. In the event the study by Dewberry, Nealon & Davis shows that the 10" line is of insufficient size , that firm will work with De- Lashmutt Associates in an effort to reach an agreement as to the proper size sewer line needed. (b) That, in the event a larger size pipe is needed to serve land above the Wallace land , Mr. Wallace will not be called upon to pay any cost of facilities needed to serve the other land. (c) That signed Right-of-Way Agreements are presented to the Town on April 9, 1970 for land needed for the Edwards Ferry Road construction. 169 MINUTES OF APRIL 8 , 1970 MEETING. . (d) That Mr. Wallace pay to the Town the cost of construct- curb and gutter and concrete driveways along property on Edwards Ferry Road owned by John A. Wallace , et al, and also the cost of median curb on the south side of the median strip on Edwards Ferry Road, such costs being due and payable upon the completion of the work mentioned in this section. (e) That Mr. Wallace pay to the Town any interest costs nec- essary to extend the Airport Bond Note above the usual rate that the Town pays to First & Merchants Bank on the afore- ' mentioned note. The size of the sewer line to serve this area was discussed. Mr. Ritter pointed out that the last sentence of (a) in the resolution was added this afternoon at Mr. Wallace 's request . On motion of Mayor Rollins, seconded by Councilman Howard, motion was offered to delete this second sentence of part (a) of the resolution. Councilman Hill expressed his feelings with regard to this sewer line agreement . He said it was his understanding that the Agreements on this project are signed and being held up until Mr. Wallace can get an agreement on this sewer line passed by the Council. There is no relevance here at all, except to Mr. Wal- CD lace . He made it clear. that his only interest was a business one. The O road itself is good business and improves his property and he should phave enough confidence in the Town to go along with this . He compared ,: this situation to the arrangement we have with Mr. Wright on the sewer Q line in Leesburg Country Club Subdivision. Councilman Pumphrey said that , at a special meeting last night with the Utility Committee, Mr. Wallace said he had contracts on this property before this sewer propo- sition even came up. He was willing previously to pay $18,000 for curb and gutter. He believed that, if there is a difference in the pipe size, it would be better for the Town to pay this difference in cost. A roll call vote on this amendment showed 4 for and 1 against , that being Councilman Pumphrey. On motion of Mayor Rollins , seconded by Councilman Pumphrey, the following amendment was offered, to be added at the end of Section (b) of the resolution : "provided that Mr. Wallace pays the entire cost of the neces- sary size sewer line to serve the Wallace , et al, property, as determined. by the aforementioned Town engineers . " This amendment was unanimously adopted. .Mr. Ritter said Dewberry, Nealon and Davis will tell us the size line needed to serve the Wallace land, _as well as the part on Mrs . Carr 's side of. the road. Mr. Ritter also pointed out that, sometime in the future, the Town will have to enlarge its line on Route 7 from the north side of Route 7 going over to the back of Douglass School , and which goes into the By-Pass line . The motion, as amended, was then unanimously adopted, and reads as follows : . WHEREAS, right-of-way is needed from John A. Wallace , et al, for the widening of Edwards Ferry Road, and WHEREAS, Mr. Wallace has submitted a sketch prepared by De- Lashinutt Associates , dated March, 1970, showing a proposed 10" Sanitary Sewer Line to serve land owned by him between Route 7 and Edwards Ferry Road, and. WHEREAS, Mr. Wallace has agreed to graint'.sufficient:Land along Edwards Ferry Road to provide a 70 ' right-of-way , in accordance with plans prepared by Walter L. Phillips , • provided the Town of Leesburg will approve the sketch de- scribed above and permit him or designated agents to con- • struct the `10" Sewer Line , and further provided that, if a larger size pipe is needed to serve land other than his , this cost will be borne by others , t/ MINUTES OF APRIL 8, 1970 MEETING. . NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town hereby approves of the above, upon the following conditions : (a) That, upon receipt of advice from its engineers , Dew- berry, Nealon & Davis , that a 10" Sewer Line is the proper size pipe needed to serve the Wallace land. (b) That, in the event a larger size pipe is needed to serve land above the Wallace land, Mr. Wallace will not be called upon to pay any cost of facilities needed. to serve the other land, provided that Mr. Wallace pays the entire cost of the necessary size sewer line to serve the Wallace , et al, prop erty, as determined by the aforementioned Town engineers . (c) That signed Right-of-Way Agreements are presented to the Town on April 9, 1970 for land needed for the Edwards Ferry Road construction. (d) That Mr. Wallace pay to the Town the cost of construct- ing curb and gutter and concrete driveways along property on Edwards Ferry Road owned by John A. Wallace, et al, and also the cost of median curb on the south side of the median strip on Edwards Ferry Road, such costs being due and payable upon the completion of the work mentioned in this section. (e) That Mr. Wallace pay to the Town any interest costs nec- essary to extend the Airport Bond Note above the usual rate that the Town pays to First & Merchants Bank on the aforemen- tioned note. . Mr. Bozel explained that Mt. Phillips showed two ditches going through Mrs . Carr s property at angles and, when he and Mr. Moody checked the ditch into Mrs . Carr 's property at the fat end of the By-Pass; they could not get but 2/10th per cent of fall. In. the meantime, Mrs . Carr said the ditch would have to go into her property parallel to Washing- ton Street so she could develop this land. We can t get enough fall unless we go between 1500 and 2 ,000 feet into her property and we are working on this . There could be $3,000 additional expense, represent- ing ditch excavation, which would start near the By-Pass , however, if there is any pipe required, Mrs . Carr will do this . This would be the only ditching required, in fact, it would be more of a swale . Mayor Rollins said he thinks.Mr. Ritter should reprimand Mr. Phillips for not designing this properly. Mr. Ritter said we first have to determine just where the . error is . Mr. Bozel said it looks as though he did not run a profile on these ditches , he merely shows one as being 600 feet and the other 300 feet. Mayor Rollins again said the plans are inaccurate, this would be a new swale, probably 5 feet to 7 feet in places . Mr. Bozel said Mrs . Carr will have to spend about $90,000 for pipe . Mayor Rollins said he thinks Mr. Phillips should be made to revise these plans at his own expense, and that he should make these things right before this road proceeds any further. Mr. Ritter said this would delay the work of Tri- County Asphalt, and he didn't know how long it might take . Mr. Rollins said we don 't want a $ 125 ,000 road going in wrong. Councilman Pumphrey asked if Mr. Bozel and Mr. Moody could do this without Mr. Phillips . Mr. Ritter asked if they are talking about the redesigning of the pro- file, etc . here in the office. Mayor Rollins said he thinks the Town should sue Mr. Phillips for inaccurate and incompetent work if he cannot explain why this was done . Mr. Ritter commented that it is not known what action Mr. Wallace might take with the rewording of the resolution. Mr: Moody said there has been some little progress made at the Plant , but they. have had bad weather most every day. They are getting some clean-up work done . It hoped to get the floor poured in the raw sewage pumping station before the week is over and they hope to get some more help too, there are only 6 to 8 men working, at the maximum. Just as soon as the road is hard enough, the trucks will bring the filter stone in, then they can call in the brick masons as soon as the floor is poured. With three to four weeks of good weather, we should be able to finish up, but we will have to keep the pressure on the contractor to accomplish this . 17 t MINUTES OF APRIL 8, 1970 MEETING. • The Route 654 sewer line has its troubles too, between the lift "station and rock and the water lines . They are having a rough time on Manhole 7 at FAA, where they have hit solid rock all the .way. They are having labor problems also - the foreman on the job - fell the other day and cracked his kneecap and will be out for several weeks , so Mr. Nicholson has to stay on the job all the time . They have to be careful of the various service lines . . Work is going pretty good on the John Wright property = there is only about 700 to 800 feet to go and he will be through. They are do- ll- ing a good job . Mr. Moody said he has been working very closely with them on the manholes so that they are good and tight . He also explained the change in the chlorine cylinders which was approved tonight . He said he did not think Johnson and Williams should make any charge for this . On motion of Councilman Murray , seconded by Councilman Howard, the meeting was adjourned at 10 : 15 P.M. O • e Mayor Clerk 4 the Council _ I CHARTER AGREEMENT of NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION The governmental subdivisions signatory hereto do hereby organize , establish and charter a planning district commission pursuant to the provisions of Section 15. 1- 1403 of the Virginia Code and do hereby agree that: The name of the planning district commission shall he the Northern Virginia Planning District Commission. The principal office of the Northern Virginia Planning District Commission shall be located in the County of Fairfax, Virginia. The location of the principal office may be changed by the concurrence of a majority of the Commission members present at a regular meeting, provided that at least a thirty-day written notifica- ,.--r [ion has been sent to the clerk of the governing body of each member governmental subdivision. The effective date of the organization of the Northern Virginia Planning Ois- • trict Commission shall be the same day this Charter Agreement is adopted and signed, by-that governmental subdivision whose population when added to the aggregate population of those who have already adopted and signed the charter embraces the majority of the population within the Northern Virginia Planning District. The membership of the Northern Virginia Planning District Commission shall be composed of representatives of the member governmental subdivisions , on the basis of one member from the governing body of each governmental subdivision. Each city ' and county also shall appoint one renresentative who holds no office elected by i,T.. ); 2 the people. In addition , each governmental subdivision shall appoint one repre- sentative for each 50,000 population, or fraction thereof, in excess of 100 ,000 population. Only the representative for each second 50,000 increment shall be a member of the governing body, with all other additional representatives being persons who hold no office elected by the people. All county population shall be exclusive of participating towns. For the purpose of this agreement , the term "population" shall have the same meaning as set forth in Section 15. 1 -1402 of the Virginia Code. The population on which the representation to the Commission is based shall be reviewed every five years from the effective date of this Charter. If upon ' this review a governmental subdivision attains a population warranting an increase in membership, such appointment shall take place on the first day of the follow- ing July. The determination of local financial contributions shall be based on ' each governmental subdivision representation on the Commission. Each member of the Commission shall have the right to vote , but may exercise his vote only in person at and during any official meeting of the Commission , regular, special , or otherwise, provided , however, that this right to vote is ' conditioned upon the payment of local financial contribution of each member's governmental subdivision. All members of the Commission shall be appointed by a majority vote of the governing body of each governmental subdivision for a period of three years except that the initial appointments shall expire as follows : The term of one member from the local governing body of each governmental subdivision shall expire on June 30, 1972. The term of one member of each governmental subdivision who holds no office elected by the people shall expire on June 30 , 1971 . The term of any additional members shall expire on June 30 , 1970. I t,. r J 3 - iL Any member of the Commission may be removed from office , for cause shown, by action of the governing body which appointed him. The Chairman of the Commission shall be elected at a regular meeting of the Commission by a majority vote of the members present. His term of office as Chairman shall he for one year. He may be re-elected in the above manner to succeed himself in office for one additional year only, provided the total consecutive tenure does not exceed two-and-one-half years . Nothing shall prevent the same person from being elected Chairman again after he has been out of that office for at least one year. Nothing in this agreement shall be construed as indicating a commitment on the part of participating governmental subdivisions to or an expression of support for a service district pursuant to Article 3 , Virginia Area Development Act of 1968. This Charter Agreement may be amended by the concurrence of the governing bodies of all of the member governmental subdivisions . Any governmental subdivision, located within the Northern Virginia Planning District , which is not a party to this charter agreement may be added thereto if it meets the necessary criteria and adopts and executes this agreement. Any governmental subdivision may withdraw from the Commission and from this charter agreement by submitting its withdrawal to the Commission along with payment in full of financial obligations for the current year.