HomeMy Public PortalAbout1970_05_13 171
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 13 , 1970.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia on May 13,
1970 at 7 :30 P.M. The meeting was called to order by the Mayor, with
Councilman Hill offering the prayer. Those present were : Mayor Ken-
neth 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.
The Minutes were corrected on Page 174 to make the approximate cost
of the Hospital $8,000,000 . The Minutes of the meeting of April 22 , 1970
were then approved as corrected.
Mr. Frank Myers was present and stated that the Deed to his Well
has been prepared and all is in order for this Deed to be delivered at
this time and to be recorded. He asked that the purchase price for the
Well be $10,000, with $2 ,500 as damages . Also , he asked that the Town
pay the $198.00 in survey fees , particularly since he paid the $500 ap-
praisal fee . He also stated that Mr. Ritter has received a letter from
Mr. Ferguson of the U. S . Geological Survey stating that the agreement
with Mr. Myers has been terminated, so there is nothing further to be
done on this except to appropriate the money for the Well .
•
�- Town Manager Ritter reported the following:
(1) Several minor changes have been made in the Budget, some of
C7 these items having been inadvertently deleted. It looks now like there
may be only about $45 ,000 cash on hand in the General Fund at the end
of the fiscal year, depending to a great extent on how much Edwards Fer-
ry Road costs from now until that time .
(2) He has received a letter from Mr. Larry Brown regarding our
letter to the County asking them to participate in the purchase price of
the land needed for the Hospital Road. Supervisors Brownell and Harris
have been appointed to meet with the Hospital Board and members from
the Town Council to consider this matter, to report back on May 19th.
Also, Mr. Cooley says the Board will consider this at its next meeting
on May 22nd to see if they can pay one-third of the cost of the ap-
praisal fee .
(3) The resolution authorizing Yount , Hyde & Company to make the
annual audit is a little early, but Mr. Wallace suggested this in order
that members of this firm might come in before July 1st to do some of
the work in connection with the audit.
(4) He explained the proposed appropriations on the Agenda , dis-
cussing in detail the item of repairs to the 60,000 gallon water tank.
Mr. Beaver had been working on this tank for the past several months
off and on and finally managed to fix it two to three weeks ago. Also,
while the tank was empty , a representative from Dominion Tank and Iron
Company inspected it and said he would have repaired it in the same way,
however, he did not know how long it would last . This tank is-.66 years
old and this is the first major repair bill we have had on it , although
we spent $4,000 on the tower several years ago. The representative
from Dominion Tank and Iron figured the cost of a metal tank atop the
present tower, which cost would be $16 ,784 for the same size tank. Mr.
Ritter also explained how this metal tank would be constructed in three
sections . He recommended payment of the bill to Mr. Beaver. In connec-
tion with the proposed appropriations , he also recommended payment of the
bill to Mr.Wilson, for the survey work on the land surrounding the Myers
Well . They measured a line 1300 feet long and we do not have a crew
that can do this kind of work.
(5) The letter from Mr. Hammerly making application to lease land
at the Airport should be turned over to the Airport Committee for study.
(6) With regard to the garbage contract proposal, invitations were
sent to several companies and a notice placed in the Times-Mirror. Two
bids were received, one from MAN, Inc . in the amount of $52,000 ; the
other from Herbert Lee Randolph at $2 ,300 per month. This would be
$27 ,600 per year to pick it up and carry it to the dump. There would be
178 .
MINUTES OF MAY 13, 1970 MEETING.
a separate agreement with Jesse to use his dump at $200 a month, which
would include the Town ' s hauling refuse there and permission for the
citizens of Leesburg to haul trash there . This would make a total of
$30,000 for the year. We are now paying $28 ,442 for this same service
and have $29,000 set up in the Budget for this item.
Mayor Rollins asked if we have had any report on the ABC hearing
held on our request to extend hours for selling mixed beverages on May
12th. Mr. Ritter said he will find out what action was taken.
Councilman Wallace commented that it looks as though we are going
to be about $10,000 short of cash on hand at the end of June to meet
the deficiency in the General Fund. He asked that the Committee spend
some time on up-dating the business licenses . Also , he asked that the
Street Committee consider "No Left Turn" signs between 4 and 6 P.M. at the
intersections of Rt . 7 and 15 and Loudoun Street and Rt . 15 - he believed
this would relieve the traffic situation and perhaps release a police
officer to handle traffic at Rt . 7 and Catoctin Circle.
The proposed Budget for 1970-1971 was discussed at this time . Mr.
Ritter said it was not anticipated to use the "Reserve for Resurfacing"
set up in the Airport Budget this year .
On motion of Mayor Rollins , seconded by Councilman Pumphrey, the
Budget was tentatively adopted by unanimous vote, and the tax rate ten-
tatively set at $ . 90 per hundred dollars of valuation on real estate ;
$1 .00 on personal property and $ .80 on bank stock, and the Town Manager '
was authorized to advertise said Budget and tentative tax rates for Pub-
' lic Hearing on June 10th.
On motion of Councilman Wallace, seconded by Councilman Murray, and
after some discussion regarding the changes in the drainage plans on
Edwards Ferry Road, the following resolution was adopted by a vote of.
6 to 1 , with Mayor Rollins voting against it :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following appropriations be made :
$ 27 . 10 - A & E Blueprinters . Printing during month of
March. (1969 Bond Issue)
800 .00 - Dewberry, Nealon & Davis for preparation of policy
to govern water and sewer extension. (Utility Fund-
Capital Outlay)
100 .00 - Walter L. Phillips - Change Street Plans on Edwards
Ferry Road. (General Fund-Capital Outlay)
Mayor Rollins also asked the status of the policy on availability charges
regarding water and sewer taps . Mr. Forbes said Town Attorney George
Martin has recommended that the water and sewer sections of the Code be
amended to take care of this requirement and the remainder of the policy
will be adopted by resolution of Council . The Amendments to the Water
and Sewer Sections of the Code should be ready for the Street Committee
meeting on Monday.
On motion of Councilman Howard, seconded by Councilman Orr, the fol-
lowing resolution was presented for discussion :
WHEREAS, the Board of Supervisors of Loudoun County has re-
quested
the Court to redraw the boundaries for the existing
Magisterial Districts and add a new Magisterial District in
the eastern portion of the County, and
WHEREAS, the proposed plan splits the Town of Leesburg, and
WHEREAS, the Board proceeded to draw the new boundaries on
an erroneous concept, it is, therefore,
RESOLVED by the Council of the Town of Leesburg, that G. Dewey
• Hill be present at the Public Hearing to be conducted by the
Court, and oppose the proposed redistricting insofar as it di-
vides the Town of Leesburg, for the following reasons :
179
MINUTES OF MAY 13 , 1970 MEETIN . '
(1) • The Board of Supervisors drew the proposed boundaries
under the false assumption that a 30 square mile area was
necessary for each Magisterial District . The Supreme Court,
however, in Avery v. Midland County , 390 U. S . 474 , stated
that the only criteria for districts •was on the population
basis of one man, one vote ;
(2) The new Constitutional Amendments admit the above to be
the existing law and have requested repeal of the section re-
quiring a 30 square mile area for each district ;
(3) Leesburg is a community and, as such, should not be di-
vided and therefore destroy a community of interest ;
(4) Confusion and unnecessary complications will result in
establishing new voting precincts ;
(5) It is also the feeling of the Leesburg Town Council that
it would be distinctly advantageous to delay the reapportion-
ment until the 1970 Census figures are available due to the
fact that the present figures are merely estimates , and a re-
LO apportionment using these figures could bring about another
CD costly reapportionment in a very short span of time.
BE IT FURTHER RESOLVED, that the Court either redraw the Dis -
: trict boundaries in order that Leesburg will not be divided,
or refer the matter back to the Board of Supervisors , with in-
structions to redraw the boundaries and keep Leesburg from be-
ing divided and placed in two Magisterial Districts .
In discussion, Councilman Wallace stated that, if Leesburg District is '
• left intact, we would have only one supervisor to two from the Sterling
Park area , therefore, he would not be in favor of , this . He believed it
possible that Leesburg could soon have enough population to warrant two
supervisors also and this would make the two areas equal. Mr. Forbes
said the Judge could decide that only five districts would be necessary,
thus giving Sterling Park only one representative . Five large districts
would give only five supervisors , thereby giving all areas in the County
a chance to grow more rapidly before redistricting again.
A roll call vote adopted this resolution by 6 to 1, with Councilman
Wallace voting against it .
On motion of Councilman Wallace , seconded by Councilman Howard, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the firm of Yount, Hyde & Co. be authorized to make the
annual audit of the Town of Leesburg records for fiscal year
ending June 30, 1970.
On motion of Councilman Wallace , seconded by Councilman Orr, the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the original appropriation of $2 , 100 .00 for purchase of
new Police Car be cancelled, due to a later appropriation be-
ing made to cover the actual cost.
On motion of Councilman Howard, seconded by Councilman Orr, the
following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg
that the following appropriations be approved:
$ 600 .00 - Supplemental Appropriation. Police Car Mainte-
nance.
200.00 - Supplemental Appropriation. Police Radio.
511. 76 - Dewberry , Nealon & Davis Study of proposed
Sewer through Wallace property . Utility Fund-
Capital Outlay-Engineering.
ROC
180
MINUTES OF MAY 13 , 1970 MEETING.
$ 3 ,370 .40 - Edwin E . Beaver. Repairs to Water Tank.
Utility Fund-Capital Outlay .
12 ,500.00 - Frank Myers for new Well. Utility Fund-Capital
" Outlay .
198 .00 - Loudoun Engineering & Surveys for survey, plats
and legal description on 3 parcels of land in
connection with purchase of Myers Well. Utility
Fund-Capital Outlay-Engineering.
There was some discussion on Mr. Beaver 's bill on the water tank. Mr.
Ritter said the top third of the tank is in bad shape - it has a good
many holes in it, therefore, it is not filled because we do not want to
lose the water. The question of paying Mr. Myers $ 10,000 for the Well
and $2 ,500 as damages was also discussed and Mr. Ritter was asked to
specify this breakdown in the letter accompanying the check to Mr. Myers .
Councilman Hill asked if there would be any problem with the By-Pass com-
ing too close to this Well . Mr. Ritter said the plans show the By-Pass
missing the Well, however, our access will be shut off when the By-Pass
is built and we will have to secure access from Mr. Myers , this loca-
tion to be determined by him. The Highway Department has not bought
any land past John Wright 's land and the Well is only 2 feet from his
land. The above resolution was then unanimously adopted.
A letter from Mr. George Hammerly, making application to lease 5
acres of land at the Airport, was referred to the Laws and Administration.
Committee, to be taken up at the next meeting of said Committee .
On motion of Councilman Murray, seconded by Councilman Pumphrey, and
there being no objection to considering it tonight, Council voted unani-
mously to accept the proposed Deed from John C . Wright and Gladys H.
Wright , conveying the property adjoining the Myers Well to the Town of
Leesburg . Mr. Ritter is to send this Deed on to Mr. Wright for signa-
ture , with Mr. Wright to return it for recordation. There is no considera-
tion for this property, but it is agreed that the Town will fence this
property.
On motion of Councilman Howard, seconded by Councilman Murray, the
, following -resolution was unanimously adopted:
BE IT 'RESOLVED by the Town Council of the Town of Leesburg,
that a two-year contract be awarded to Herbert Lee Randolph
for garbage and trash pick-up in the Town of Leesburg for the
period July 1, 1970 to July 1 , 1972 , in accordance with his
low bid of $2 ,300 .00 per month.
On motion of Councilman Pumphrey , seconded by Councilman Howard,
the following resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that a two-year agreement beginning July 1 , 1970 be entered
into with Jesse Randolph for the use of his dump,.. with the
understanding that this privilege shall include its use by
the citizens of Leesburg, at a rental rate of $200.00 per month.
This resolution was discussed at length and, on motion of Councilman
Murray, seconded by Councilman Wallace , an amendment was adopted by a
roll call vote of 5 to 2 , with Mayor Rollins and Councilman Pumphrey
voting against it, to delete the words "two-year" in the second line,
to add "at Watson" after "dump" on the third line and add at the end
of the resolution, "said agreement to be on a month to month basis . "
The resolution, as amended, was then adopted by a roll call vote of
5 to 2 , with Mayor Rollins and Councilman Pumphrey casting the dis-
senting votes . The resolution, as amended, reads as follows :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that an agreement beginning July 1, 1970 be entered into with
Jesse Randolph for the use of his dump at Watson, with the
understanding that this privilege shall include its use by
the citizens of Leesburg, at a rental rate of $200.00 per
month, said agreement to be on a month to month basis .
On motion of Councilman Orr, seconded by Councilman Wallace , the
meeting/ adjourned.
4Y / J Mayor
Clerk of the Council