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HomeMy Public PortalAbout1973_12_26 2'0 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 26, 1973 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia on De - cember 26 , 1973 at 7 :30 P.M. The meeting was called to order by the Mayor, with Town Manager Ritter offering the prayer. Present were : Mayor G . Dewey Hill , Councilmen Walter F. Murray , Robert A. Orr, C. Terry Titus and John A . Wallace , Jr. ; also Town Manager James W . Rit- ter , Jr . Absent from the meeting were Councilmen John W. Pumphrey and Herbert L . Ridder . The Minutes of the regular meeting of December 12 , 1973 were ap- proved as written . Mr. Alex Wingate , Chairman of the Board of Directors of the Parks and Recreation Department for Loudoun County , presented a pro- posed Lease Agreement on a portion of the old Sewage Treatment Plant property on Catoctin Circle , said property to be leased for the pur- pose of constructing a tennis court complex for use by County and Town residents . He explained certain articles in the proposed Lease and many questions were raised by Council members , including discus- sion as to what should be done with the old Plant building on the property . Mr . Wingate agreed to discuss certain items with his Board and Mayor Hill referred this proposed Agreement to the Laws and Ad- e-0 ministration Committee for further study , along with advice from the Town Attorney . Town Manager Ritter reported as follows : (1) The flow at the Sewer Plant was checked today - it was ap- proximately 4 million gallons at 3 :00 P.M. It started rising about 9:30 this morning - during the night it was about one (1) million gallons . It was pretty high during a rain storm last week also . He described how the measurements are taken and said this would represent about 80 to 85% water. Ken Bedford will be back for half a day around the 7th of January and he can spend some time on the chemical addition. Most of the items are in , but there are still a few yet to come for this program. (2) We still do not have plans from Johnson and Williams on the tank on the Carr site or on the water line leading to the tank from Edwards Ferry Road. likely (3) A/candidate for Finance Officer was interviewed last Satur- day and he wants to come over one day this week and spend some time with the Treasurer. (4) The committee appointed to select an Administrative Assist- ant met and, out of 62 applicants , they narrowed it down to six or seven. Two of these have been eliminated - one for lack of proper references , the other due to the fact that he failed to show up for his appointment this morning . (5) Perry Engineering Co . has completed a little over one-half of the work on the infiltration abatement program . He had about 1 ,000 feet of line to put in on Dry Mill Road and has completed about one-third of it and still has Monroe Street to put in - he has com- pleted the other streets . He believed that what he has done is good, even though he caused some sewer back-up on Dry Mill Road which did some property damage , for which he is responsible . When it stops raining and the snow stops melting , he believes we will see a differ- ' ence in the flow at the Sewer Plant. The kind of flow we are having now is what we have been having for quite some time . The ground is saturated and the water is very deep. We need the water to recharge our water supply , which is in good shape now, but it does cause a big headache at the Sewer Plant , as well as causing some road failure . Councilman Titus said the Street Committee will meet on Sunday, December 30th at 4 :00.P.M. , rather than Monday . Also , the Committee will meet with Mr. Williams on January 2nd at 8 :00 P.M. on the Water Study . He also reported that he had been to see Mr. Flint at VEPCO con- cerning the possibility of reducing some of the street lighting. He cited an example in Arlington, where it took 22 tons of coal to light 3500 lights , which ran the generator for 27 seconds , so this answered his question pretty quickly and seemed rather ridiculous . 202 MINUTES OF DECEMBER 26 , 1973 MEETING. Mr . Titus asked Council ' s feeling concerning the erection of a snow fence on Dry Mill Road along the High School property . Council- man Orr said they have a snow fence. After some discussion concerning who would do this , it was determined that Town Manager Ritter would take care of this matter. Councilman Wallace stated that the Finance Committee would meet next Wednesday afternoon, January 2nd, rather than Tuesday afternoon . Mayor Hill recognized Chief James Kidwell , who introduced Mr. Pat Fischer of the Washington Redskins Football Team, who was present to observe . Mayor Hill reported that he had received a letter from Sheriff Legard, asking the Tow �o consider a contribution toward the salary of an extra dispatcher%ncalling attention to the fact that the Sheriff 's Office answers the telephone for the Town after 5 o 'clock in the even- ings and on week-ends . He referred this letter to the Finance Com- mittee for recommendation . A Public Hearing was held at this time on proposed Amendments to Sections 2-2 and 2-3 of the Town Charter, as previously advertised. - No-one spoke either for or against these amendments . On motion of Councilman Murray , seconded by Councilman Orr, the following amend- ments were unanimously adopted : An Act to re-amend and re-enact Sections 2-2 and 2-3 of Chapter 81 of the Acts of Assembly of 1971 , approved Febru- ary 24 , 1971 , which amended Sections 2-2 and 2-3 of Chapter 433 of the Acts of Assembly of 1962 , which provided a Charter for the Town of Leesburg , in the County of Loudoun, the re- amended sections relating to election, composition and terms of Council ; and election and terms of mayor. BE IT ENACTED BY THE GENERAL ASSEMBLY OF VIRGINIA : 1 . That Sections 2-2 and 2-3 of Chapter 81 of the Acts of Assembly of 1971 , approved February 24 , 1971 , be re- amended and re-enacted as follows : Section 2-2 . Election of Council ; composition ; terms of office . The members of the council in office at the effective date of this charter amendment are hereby continued in of- fice until the first day of July in the even year succeed- ing the term of office for which they were elected. Coun- cilmen shall be elected to four year terms on the first Tuesday in May of every even-numbered year in the manner herein provided : Three councilmen shall be elected. in the municipal elections held in May , nineteen hundred seventy- four, and in municipal elections held every four years thereafter. Three councilmen shall be elected in the mu- nicipal elections held in May , nineteen hundred seventy- six , and in municipal elections held every four years thereafter . The members of the council shall take office on the first day of July , after their election . Said council members shall continue to discharge the duties of their respective offices until their successors have been qualified. Section 2-3 . Election of mayor; term of office and mayor pro-tempore . The mayor in office at the effective date of this chagster amendment is hereby continued in office until the first day of July 1974 . On the first Tuesday in May, 1974 , there shall be elected by •the qualified vot- ers of the municipality , a mayor for a term of two years , beginning on the first day of July , 1974 . On the first Tuesday in May of each even year following 1974, 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 . 203 _ MINUTES OF DECEMBER 26 , 1973 MEETING . The mayor shall preside at all meetings of the coun- cil and he 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 . The mayor shall authenticate by his signature such documents and instruments as the council, Constitution or general laws require . In the absence or disability of the mayor, the coun- cil shall appoint a mayor pro-tempore to serve during such absence or disability with the same powers and duties . An emergency exists and this act is in force from its passage . On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was proposed : tG BE IT RESOLVED that the following appropriations be made : :.G 7D $ 48.58 - General Fund - Service Charge on bonds . 59.83 - Utility Fund - Service Charge . 300 .00 - Supplemental Appropriation - General Fund - Christmas Bonus . 1,000 .00 - Utility Fund - Sewer Plant Maintenance (Supplemental) . 500 .00 - Utility Fund - Vehicle Maintenance (Supplemental) . 100 .00 - Utility Fund - Telephone (Supplemental) . 8 ,863 . 24 - Carroll Concrete Construction Co . - General Fund - Capital Outlay - Curb and Gutter and Sidewalk construction . 28,878 . 22 - Perry Engineering Co. - Infiltration Abatement - Utility Fund - Capital Outlays . 5 ,495 .00 - Johnson and Williams - Potomac River Water Supply Project . 1972 Bond Issue . 8,000.00 - Supplemental Appropriation - Sewer Plant Personnel. There was discussion concerning the amount of the bill to Johnson and Williams , with Mr . Ritter stating that this bill is for services dur- ing October and November on the topographical surveys for the water tank site and- the water transmission line , the bill being itemized and for 415 field manhours . Councilman Titus suggested that we sup- ply the topo on any future projects . The above resolution was then unanimously adopted . On motion of Councilman Wallace , seconded by Councilman Titus , the following resolution was unanimously adopted: BE IT RESOLVED that authority be given to purchase 2 Park Benches at an approximate cost of $200 .00 . Mr . Ritter explained that there would be one on either side of the walk - they will be installed with pipe into a concrete foundation and will be 6-foot redwood slats . On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted: WHEREAS , certain invoices were paid from the 1971 Bond Issue Account for construction of the 3 Utility Projects in connec- tion with the By-Pass construction, and 204 MINUTES OF DECEMBER 26 , 1973 MEETING. WHEREAS , these invoices should have been paid from Utility Fund, Capital Outlay . NOW, THEREFORE, BE IT RESOLVED that $3 ,336 . 00 be transferred from Utility Fund - Capital Outlay to reimburse the 1971 Bond Issue . Invoice Project Date Paid Amount D.N.D. #10865 # 1 10/11/73 $ 325 .00 10864 2 10/11/73 391.00 10867 3 10/11/73 620 .00 9984 1 , 2 & 3 7/26/73 2 ,000.00 $ 3 , 336 .00 Town Manager Ritter opened bids on the investment of $100,000 in General Fund for 150 days , with the bids being as follows : First Virginia Bank - 6 . 5 First and Merchants National Bank - 8 .61 %. On motion of Councilman Murray , seconded by Councilman Orr, the following resolution was unanimously adopted : BE IT RESOLVED that First and Merchants National Bank be awarded the investment of $100,'000 .00 in General Fund, cash on hand, at an interest rate of 8 .61 per cent , in accordance with their bid of December 26 , 1973 , for a period of 150 days . The following resolution was read by the Clerk : WHEREAS , an Agreement was entered into on October 22 , 1968 , between TUSCARORA, INC. , the Developer ; JOHN C. WRIGHT and GLADYS H. WRIGHT , referred to as Owner; TOWN OF LEESBURG, and THE PEOPLES NATIONAL BANK OF LEESBURG, referred to as Escrow Agent ; and WHEREAS , said Agreement required the construction of a 275 ,000 gallon tank and an eight inch water line , by the Owner, in Leesburg Country Club by October 22 , 1973 ; and WHEREAS, the Owner deposited $75 ,000 .00 in U . S. Treasury bonds as evidence of good faith with the Escrow Agent ; and WHEREAS , the Owner has not yet fulfilled the obligations re- quired in said Agreement . NOW, THEREFORE, BE IT RESOLVED that The Peoples National Bank of Leesburg be requested to sell such bonds now in their hands and to pay the proceeds of sale to the Town , in accordance with paragraph 7 (c) of said Agreement, and to deduct the sum of $150 .00 , representing the bank ' s fee for services . Given under my hand this day of , 19_ TOWN OF LEESBURG, VIRGINIA By Mayor ATTESTED : Clerk Mr. Ritter explained that Mr. Waller of Peoples Bank had called today and asked that the above resolution be considered by Council tonight . Councilman Orr objected to hearing this matter at this time and Mayor Hill referred it back to the Street Committee , asking that Mr. Ritter invite Mr. Waller to appear at the Street Committee meeting on Sunday , December 30th at 4 :00 P.M. in behalf of this proposed resolution. 205 MINUTES OF DECEMBER 26 , 1973 MEETING. On motion of Councilman Wallace , seconded by Councilman Murray, Council voted unanimously to go into executive session concerning the pending lawsuit . Council reconvened at 8 : 39 P.M . , with no action being taken. On motion of Councilman Orr, seconded by Councilman Murray, the meeting was adjourned at 8 :40 P.M. Mayor Y/, / Clerk off e Council J: :D 1 1