HomeMy Public PortalAbout1974_12_18 i
WAIVER OF NOTICE
OF
SPECIAL MEETING
DECEMBER 18, 1974
We, the undersigned, being members of the Town
Council of the Town of Leesburg, in Virginia, do seve-
rally waive all statutory and Charter requirements as
to notice of time, place and purpose of a Special Meet-
ing of the Town Council, to be held in the Council Cham-
bers, 10 West Loudoun Street, Leesburg, Virginia, at
8:00 P.M. , Wednesday, December 18, 1974, for the purpose
of discussing legal aspects of a reply to the State Water
Control Board on the M/R Plan, and any other matter that
may come before Council .
Al
G. Dewey . 1 , Mayor
Char es . Bange / H: bert L. Ridder
Mar} Anne Newman James A. 'ock
obert . •rr C. Terr/ itus
I;
128
MINUTES OF SPECIAL MEETING OF •LEESBURG TOWN COUNCIL, DECEMBER 18, 1974.
A special meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on De-
cember 18, 1974 at 8 :00 P.M. , pursuant to Waiver of Notice attached
hereto. Present were : Mayor G. Dewey Hill, Councilmen Newman, Rid-
der and Rock; also Town Manager James W. Ritter, Jr. , Deputy Town
Manager E. Wesley Devero and Town Attorney George M. Martin . Ab-
sent from the meeting were Councilmen Bange , Orr and Titus.
Mayor Hill stated that the purpose of this meeting is to discuss
the legal aspects of an appeal to the State Water Control Board on
the validity of the M/R Plan for a single treatment plant to be
located in the Dulles Airport area . He read a resolution adopted
by the Loudoun County Board of Supervisors at its meeting yesterday,
wherein the Board requested the Commonwealth 's Attorney to collabor-
ate with the Town of Leesburg and other interested political subdi-
visions to appeal this Plan before the deadline has expired. Mayor
Hill said, if no cooperation can be secured from the State Water Con-
trol Board, then it is planned to file suit against the Board to halt
the implementation of the M/R Plan. - The 90-day deadline is assumed
to be February 8th and, if suit is brought within the •90-day period,
then this holds up the M/R Plan until a decision has been made by the
Courts . Court proceedings will be held .in Richmond and the case would
probably not be heard until sometime late next year by the Supreme
Court.
Town Attorney Martin read excerpts from the State Code of Vir-
ginig concerning the validity of attacking this policy of the State
Water Control Board and the procedure to be followed in filing a
Petition for Declaratory Judgment . There followed lengthy discus-
sion.
On motion of Councilman Rock, seconded by Councilman Ridder, the
following resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED, that the Town Attorney is hereby 'directed to
(1) file a Petition for Declaratory Judgment and (2) to challenge
the validity of the policy statement by the State Water Control
Board for the M/R Plan affecting Planning District" 8, Study
Area 1.
Aye: Councilmen Newman, Ridde; Rock and Mayor Hill.
Nay : None .
Town Attorney Martin asked that a committee be appointed to work with
him on this and asked that a complete file be assembled. Mayor Hill
directed the Town Manager and his staff to go back to January of 1973
and -find all information that Council has established, and to contact
Mr. Epling at NVPDC for any information he can give us. He appointed
Councilmen Ridder, Rock and Titus to work with him and Mr. Martin on
this suit.
Councilman Rock requested the Mayor to write a letter to Mr.
Schwarberg of the Water Control Board, requesting the complete text
of a letter from Mr. Snyder to Mr. Edwards and any letters from the
State Water Control Board to Mr. Snyder that were referenced in Mr.
Snyder 's letter to Mr. Edwards . He said these should be public
documents and should be available to participants .
On motion of Councilman Rock, seconded by Councilman Newman,
the following resolution was proposed and unanimously adopted, as
shown: IIBE IT RESOLVED, that 0. Leland Mahan, attorney, be employed
, \ by the Town Council to draw and negotiate a proposed con-
tract between the Town of Leesburg and King Street Proper-
tiest for the purchase by the Town of Leesburg of certain
lands belonging to King Street Properties .
Aye : Councilmen Newman, Ridder, Rock and Mayor Hill.
Nay: None .
129
MINUTES OF DECEMBER 18, 1-974 SPECIAL -MEETING.
On motion of Councilman Rock, seconded by Councilman Ridder,
the following resolution was proposed and unanimously adopted:
BE IT RESOLVED, that the Town Manager be authorized to
' secure an appraisal of storm sewer easement needed on the
Minor Glenn Estate.
On motion of Councilman Rock, seconded by Councilman Newman, the
meeting was adjourned at 9:17 P.M.
�0f"'t'`'�'Jii /C t/C(/
4 / Mayor ///128
CZer of t - Council
I