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HomeMy Public PortalAbout1970_12_23 258 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 23 , 1970 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia , on De- cember 23 , 1970 at 7 :30 P.M. The meeting was called to order by the Mayor, with the prayer being offered by Councilman Howard. Those pres- ent 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. In the absence of the Clerk of the Council, Mr. Ritter was appointed Clerk Pro-Tem. The Minutes of the meeting of December 9, 1970 were approved as written . I Town Manager Ritter ' s report included the following : (1) An explanation of the appropriations on the Agenda . (2) An explanation of the resolution regarding the refund for excess pipe on the Edwards Ferry Road Project to Mrs . Carr and Mr. Wal- lace , this resolution being the result of the Utility Committee meeting,.. whereby these people would be reimbursed on a percentage basis . (3) An explanation of the proposed policy to require developers to contribute toward the cost of constructing drainage structures . (4) Explanation that, with a 70 ' right-of-way on the proposed Hos- ' pital Road, the cost will be about $60,000 . Mr . Moody reported the following : (1) A punch list has been prepared by the engineers on the items to be completed at the Sewer Plant . (2) The Semones-Durfey Storm Sewer is about 50 per cent complete . (3) The Water Booster Station on Route 15 is not running due to the fact that it causes a shortage of water in Leesburg Estates . He had a meeting today with the supplier of the pumpsand they expect to work out something. (4) The 12" Water Line at the Route 7 By-Pass is about 90 per cent complete . Councilman Wallace presented a letter from Mr . George Hammerly re- garding problems at the Airport . Mayor Rollins expressed his disappointment that the Town did not take soil samples on 2nd Street prior to the resurfacing job. Mayor Rollins also said he thought the Town had done a good job on the curb and gutter and sidewalk on S . Wirt Street . 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 following appropriations be made : $2 ,488 . 10 - Lane-Penncarva , Inc . for 24" C.M. Carrier Pipe for 12" Water Line at By-Pass (1969 Bond Issue) . 3 . 85 - A & E Blueprinters for printing during October (1969 Bond Issue) . 2 ,500 .00 - Yount , Hyde & Co. - Audit for fiscal year ended June 30 , 1970 . On motion of Councilman Pumphrey, seconded by Councilman Howard, the following resolution was adopted by a vote of 6 for and Councilman Wal- lace disqualifying himself : WHEREAS , excess drainage pipe valued at $ 1, 344 . 11 was left over after the completion of the Edwards Ferry Road Project , as the result of a change in plans after the original pipe was ordered, and 259 MINUTES OF DECEMBER 23 , 1970 MEETING. WHEREAS, a refund should be made to the property owners based on their percentage of contribution toward the cost of this project , and WHEREAS , Mrs . Carr agreed to contribute $69,650 and Mr . Wal- lace agreed to contribute $ 18 ,448 toward the cost of con- struction, and WHEREAS, Mrs . Carr has had to construct 4,000 feet of drain- age ditch at her own expense because of this construction and will, in the future , have to construct another 1,000 feet of drainage ditch and install pipe of sufficient size in the 5 ,000 feet of drainage ditch, with the pipe to have a minimum size of 65"x40" , valued at a price of $33 . 50 per foot in place, and WHEREAS , the cost to Mrs . Carr will ultimately result in a total cost of $167 ,500 , including the $69,650 original con- tribution , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following amounts be paid, based on the following formula : $167 ,500 - Total cost to Mrs . Carr 18 ,448 - Cost to John Wallace 47 , 136 - Cost to Town $233 ,084 $167 ,500 = 72% Mrs . Carr 's percentage X$233 ,084 233,084 8% Mr . Wallace 's percentage 727. X $1,344 . 11 = $967 . 76 8% X $1 ,344 . 11 = $107 .53 The following resolution was presented for discussion : WHEREAS, changes in land development result in a greater quan- tity , as well as a more rapid concentration , of storm water run-off, and WHEREAS , the Town of Leesburg is faced with considerable ex- penditures in the future in order to finance the construction of necessary drainage facilities to alleviate flood damage and arrest deterioration of existing drainageways , and WHEREAS, the cost of providing the necessary drainage improve- ments is to be borne by the developers who build within a drainage area on a pro-rata basis , and • WHEREAS , the proportionate cost of off-site drainage improve- ments attributable to'-existing and proposed developmeints will lelased upon the project cost of those downstream facilities that function to convey the storm water run-off originating within the contributing shed limits of the development , and in the proportion that such run-off bears to the total being conveyed, and WHEREAS, the cost of off-site downstream drainage improve- ments attributable to an acre of impervious area shall be based upon a distribution of the total downstream improve- ment cost over the entire impervious area within the contri- buting shed , and WHEREAS , the impervious area will be determined from the most current and expected land use plans , 'Atit0 MINUTES OF DECEMBER 23 , 1970 MEETING. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following policy be established for the financing of drainage improvements : (1) The developers within said drainage areas shall pay , prior to construction of their development , an amount de- termined by the Town Manager, based on a pro-rata cost per acre ; (2) This policy shall be in effect as of December 23 , 1970. This resolution was discussed in detail and sent back to the Utility Committee for further study by Mayor Rollins . 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 following appropriations be made : $10 ,381. 10 - Perry Engineering Co . - Partial payment .on Valley View Sewer Project . Utility Fund - Capital Outlays -Sewer Construction . 1,476 . 75 - Tri-County Asphalt Co . - Building 2nd Street . General Fund-Capital Outlay-Street Resurfacing. 500 .00 - Supplemental Appropriation - Sewer Plant . Laboratory Equipmeht . On motion of Councilman Orr, seconded •by Councilman Pumphrey , the following resolution was unanimously adopted : WHEREAS, the terms of office of Edwin K. Cross and. Lynnwood L. Lay as members of the Leesburg Planning Commission will ex- pire on December 31 , 1970, and WHEREAS , it is the duty of the Council for the Town of Lees- burg , Virginia , to appoint or reappoint members to the said Commission, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg , Virginia , that Edwin K. Cross and Lynnwood L. Lay , freeholders and otherwise duly qualified citizens of the Town of Leesburg , Virginia , be and they are hereby re- appointed members of the Leesburg Planning Commission for a term of four years , to expire on December 31, 1974 . On motion of Councilman Pumphrey , seconded by Councilman Wallace , the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriations be made : $5 ,890 . 50 - Maryland Excavators for work on Semones-Durfey Storm Sewer . General Fund-Capital Outlay- Storm Sewer Construction. 500 .00 - Supplemental Appropriation - Laboratory Equip- ment at Sewer Plant . 1969 Bond Issue . On motion of Councilman Howard, seconded by Councilman Orr , the following resolution was unanimously adopted, with the Notice of Pub- Hearing to be published in the Loudoun Times -Mirror on January 7 , 1971 : BE IT RESOLVED by the Town Council of the Town of Leesburg , that a Public Hearing be held on January 13 , 1971 at 7 :30 P.M. on proposed Charter Amendments , as follows : 261. MINUTES OF DECEMBER 23 , 1970 MEETING. PUBLIC HEARING • ON ADOPTION OF AMENDMENT OF CHARTER BY TOWN OF LEESBURG, VIRGINIA The Council of the Town of Leesburg will hold a public hearing on January 13 , 1971, at 7 :30 P.M. , at the Town Coun- cil Chambers , with respect to the request of the Council to the General Assembly to amend the Charter granted by the 1962 Acts of Assembly, Chapter 2 of CHAPTER 433 , Regular Assembly, at which time citizens shall have an opportunity to be heard to determine if the citizens of the Town of Leesburg desire that the Town of Leesburg request the General Assembly to a- mend said Charter. The following are the amendments to be requested : An act to amend and re-enact Sections 2-2 and 2-3 , Chapter 2 of CHAPTER 433 , Acts of Assembly , 1962 , Regular Session , Approved March 21, 1962 , which pro- vided a new Charter for the Town of Leesburg : BE IT ENACTED by the General Assembly of Virginia : CQ 1 . That Sections 2-2 and 2-3 of Chapter 2 of CHAPTER 433 , Acts of Assembly of 1962 , Regular Session be amended and re-enacted, the amended section being as follows : Section 2-2 Election ; Composition ; terms of office . The Town of Leesburg shall be governed by a town council composed of six members and the mayor. The members of the council in office at the effective date of this Charter are hereby continued in office until the 1st day of July in final year of the term of office for which they were elected. On the first Tuesday in May 1971 there shall be elected a number of candidates as members of the council equal to the number of terms which will now expire on the first day of July 1971 rather than on the 1st day of September 1971 for a term of four years , beginning on the first day of July suc - ceeding their election . On the first Tuesday in May of each odd numbered year following 1971, there shall be elected three mem- bers of the council for a term of four years , beginning on the first day of July of the year of their election. Said council members shall continue to discharge the duties of their respective offices until their succes- sors have been qualified . Section 2-3 Election of Mayor ; term of office and mayor pro-tempore . On the first Tuesday in May 1971 there shall be elected by the qualified voters of the municipality a mayor for a term of two years , beginning on the first day of July 1971 . On the first Tuesday in May of each odd-numbered year following 1971 , the mayor shall be elected for a term of two years , beginning on the first day of July of the year of his election . The mayor so elected shall continue to discharge the duties of the office until a successor shall have qualified. The mayor shall preside at all meetings of the coun- cil and shall be a regular member of the council . He shall be recognized as the head of the municipal government for all ceremonial purposes , the purpose of military law and the service of civil process . 2QS2 MINUTES OF DECEMBER 23 , 1970 MEETING. The mayor shall authenticate by his signature such :documents and instruments as the council , con- stitution or general law require . In the absence or disability of the mayor, the council shall appoint a mayor pro tempore to serve during such absence or disability with the same powers and duties . A copy of the amendments to the Charter may be ex- amined at the Town Office. Public hearing January 13 , 1971, at 7 :30 P.M. at the Town Council Chambers . THE COUNCIL FOR THE TOWN OF LEESBURG By Kenneth B . Rollins An Ordinance to amend the Town Code of the Town of Leesburg in accordance with the above shall be considered after the Public Hearing . Councilman Pumphrey asked about the annual payment to the Fire De- partment . Mr. Ritter explained that, if we go by the Agreement and assume the Federal Census figure of 4700 to be correct , the payment would be much less than the Budget figure . This matter was discussed and it was the feeling of the Council that the payment should be the amount appropriated in the Budget . There being no further business , the meeting was adjourned at 9 : 30 P.M . moi - • - �' il `i �� Mayor 0' /' lee of the C. ncil Pro-Tem • i