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Home My Public Portal About1963_12_09 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1963. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia, on December 9, 1963. The meeting was called to order with a prayer by Mayor Kenneth B. Rollins. Councilmen present were : C. A. English Cole , C. Grey Dodd , C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Robert A. Orr and John W. Pumphrey. Also present was Town Manager James W. Ritter , Jr. Upon motion of Councilman Lowenbach, seconded by Councilman Orr, the min- utes of the regular meeting of November 27, 1963 were unanimously approved by Council. ' The Town Manager gave his report to Council , pointing out the importance of taking some action in the very near future in regard to the purchase of either a second-hand or a new front end loader. He stated that it would take approximately 83,000.00 to put the present loader in shape and that it was not worth it. Mayor Rollins asked Councilman Pumphrey to report to Council on Planning Commission activities. Since Planning Director Robert Forbes was present, he gave a brief report on a proposed amendment to the Subdivision Ordinance with regard to physical improvements and facilities in a subdivision. He announced 00 that a Public Notice would appear in the Times Mirror with regard to this amend- ment on December 19 and December 26, 1963 for Public Hearing on January 2. Mr. Pumphrey invited any member of Council wishing to make any change in this pro- =' posed amendment to appear at the Public Hearing. t CO Upon motion of Councilman Orr , seconded by Councilman Lowen6ach , the fol- lowing Council Procedure Rules were unanimously adopted by Council : COUNCIL PROCEDURE From the Mayor Following is the regularly scheduled time for Committee meetings. Utility Committee ) Meets on 2nd and 4th Public Works Committee ) Thursdays at 7:30 P.M. • Laws and Administra- ) Meets on 1st and 3rd tion Committee ) Tuesdays at 10 :30 A.M. Finance Committee ) Therefore , the following rules of procedure shall apply: Rule 1. The Town Manager shall recommend measures to the Council which he feels are necessary and desirable. These will be in the form of recommendations - not resolutions, and they shall be placed on the Council agenda under a heading ap- . propriate for such matters. Rule 2. The Treasurer , Chief of Police, Town Attorney and Director of Planning and Zoning shall channel their requests and recommendations through the office of the Town Manager. Rule 3. The Town Manager shall explain the recommendations in detail to the Council and he shall also keep the Council fully in- formed on all matters concerning the administration of govern- ment. Rule 4. The Mayor shall automatically refer all executive recommenda- tions to the appropriate committee. 94$ Minutes of December 9, 1963 Meeting. Rule 5. Individual members -may introduce bills and have them placed on the agenda by the 'Thursday 'preceding the Council meeting. The Mayor shall automatically refer all such bills to the ap- ' propriate committee. Rule 6. All bills referred to committee must be reported out of the committee and placed on the Council agenda for action. • Rule 7. In the event the Council desires to take immediate action on any bill and not have it referred- to committee, 'it may do so upon the affirmative vote of 5 members. Rule 8. • Bills coming from committee's shall go on the agenda in final form 'for action. To insure that the Finance Committee is aware of all appropriation bills coming out of other committees and • to make certain they can consider the matter before Council meets, the Town Manager shall have the responsibility of in- forming the Finance Committee , at its regularly. scheduled meet- ing, of all appropriation bills coming before the Council. Rule 9. • All statements for money, for which a specific appropriation is necessary in order to pay , shall be taken directly to the Finance Committee by the Town Manager and the committee will have it placed on the agenda. Rule 10. All Ordinances must be approved by the Town Attorney before going on the agenda. It shall be the responsibility of the Town Manager and the committee chairman involved to see that the Town Attorney is informed as to what result is desired by said Ordinance and that he see it before being placed on the agenda. Rule 11. Any member of the Council or Town Manager may request the Mayor to call a special meeting of the Council. The Mayor shall then call such a meeting if he feels circumstances warrant such a meeting. Should the Mayor refuse to call a special meeting when requested to do so, the Clerk of the Council shall call such a special meeting upon the request of four (4) members of the Council. Rule 12. The Town Manager shall be present at all committee meetings and the presence of the Town Attorney is highly desirable. Mayor Rollins referred the following resolution to the Committee on Laws and Administration: ' BE IT RESOLVED, by the Town Council of the Town of Leesburg, Vir- ginia, that a sum of 5995.00 be appropriated for the purchase of one Range-master Radar Unit in accordance with quotation from Preston D. Rogers, dated November 26, 1963. This price is to in- clude entire cost of unit and ready to operate. Upon motion of Councilman Orr , seconded by Councilman Pumphrey , and by unani- mous roll call vote, Council decided to take immediate action on this resolu- tion. Upon motion of Councilman Orr , seconded by Councilman Pumphrey, the foregoing resolution was unanimously adopted by roll call vote. Minutes of December 9, 1963 Meeting. • Upon motion of Councilman Pumphrey, seconded by Councilman Lowenbach, the following resolution was adopted by roll call vote of 6 for and 1 abstention , that being Councilman Cole. BE IT RESOLVED, by the Town Council of the Town of Leesburg, that the following streets be designated for One-Way Traffic upon erec- tion of proper signs designating the proper traffic pattern: (a) Church Street , between Market and Cornwall Streets - one way north. (b) Cornwall Street , between Church Street and King Street - one way west. Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED, by the Town Council of the Town of Leesburg, that a sum of 3100.00 be appropriated to Mrs. George Reynolds, representative of the Leesburg -Merchants, to cover cost of in- stallation of weatherproof switch boxes, conduit and any other fixtures necessary in connection with the erection of Christmas lighting. JO Cr. Upon motion of Councilman Fishback, seconded by Councilman Cole, the fol- i"' lowing resolution was unanimously adopted : 1^ BE IT RESOLVED, by -the Town Council of the Town of Leesburg, that the agreement as shown below be executed : • Application has been made to you the Town of Leesburg for the privilege of attaching to a number of your poles along Market and King Streets, certain wires and other fixtures necessary • to provide decorative lighting for the Christmas holiday period. In consideration for your agreement to permit said attachments, the Town of Leesburg hereby assumes all responsibility for such installation and agrees to save Virginia Electric and Power Com- pany harmless from any loss, cost , injury or damage to persons or property resulting out of or arising from the installation, operation , use , non-use or removal of such installations, pro- viding such connections and installations are approved by the Loudoun County Electrical Inspector. • • The Town of Leesburg agrees to pay Virginia Electric and Power Company , prior to connection of the service, a Temporary Ser- vice charge which shall be the estimated net cost (including all overhead costs) of installing and removing :the service fa- cilities furnished by Virginia Electric and Power Company, both on and off the customer 's premises, in the amount of $ The Town of Leesburg further agrees to assume responsibility for the payment to you for air electric energy used through said installations, with the understanding that billing will be made under the existing municipal contract between said Town and Virginia Electric and Power Company. • This guarantee was authorized by the Council of the Town of Leesburg at a meeting held on the 9th day Of December, 1963, at which meeting a majority of the members of said Council voted in favor of the resolution authorizing and directing the execution of this guarantee. Upon motion of Councilman Pumphrey, seconded by Councilman Dodd , the fol- lowing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that they appropriate the sum of 329.1+5 for travel expenses in connection with the Town officials' visit to the Highway Department in Richmond on December 2, 1963. 24(3. Minutes of December 9, 1963 Meeting. . Mayor Rollins referred Mr. Ritter 's recommendation on the front end loader to the Public Works Committee. Upon motion of Councilman Orr , seconded -by Councilman Lowenbach , the fol- lowing Ordinance was placed on the floor for discussion: Be it Ordained„ by the Council for the Town of Leesburg, that Sections 15-47 and 15-48 of the Code of the Municipality of the Town of Leesburg, adopted October , 1963 ,be, and the same are hereby rescinded and repealed in their entirety, and Be it further Ordained , that the following be , and the same is hereby adopted and enacted as and part of The Code of the Munici- pality of the Town of Leesburg as follows : Section 15-47. Registration required. ) It shall be unlawful for any person to engage in business as a canvasser or solicitor , call- ing at residences without the previous consent of the occupant for the purpose of soliciting orders, sales, subscriptions, or busi- ness of any kind, or seeking for information or donations without having first registered in the Office of the Town Clerk. The reg- istrant must give his complete identification, his signature , the name of his employer , the nature of the products or services in which he is interested , the names of the manufacturers of such products, or the organization which he is representing; the pro- posed method of operating in the municipality and the license num- ber :of any vehicle operated in said business. Section 15-48. Certificate. ) Each applicant who shows evidence of good character and satisfies the requirements of the above shall be furnished a certificate indicating that he or she has registered and setting forth the dates covered by such registration. Such cer- .tificate shall be valid for a period of 12 days for all applicants, not residents of the Town of Leesburg at the time of application and valid for a period of one year for applicants who are bona fide resi- dents of the Town of Leesburg at the time of application. Each person shall , at all times, while soliciting or canvassing in the Town of Leesburg carry upon his person the registration certi- ficate and the same shall be exhibited by such registrant whenever he is required to do so by any police officer or by any person so- licited or canvassed. . Section 15-49. Revocation) Any such registration may be revoked by the Town Manager or Police Sargent because of any violation by the registrant of this Ordinance or of any other ordinance of the Town of Leesburg, or of any state or federal law, or for prior con- viction of any crime , or whenever the registrant shall cease to .possess the qualifications and , character required in this Ordinance for the original registration. A "canvasser" or "solicitor" shall be defined as one who takes orders for future delivery , or for intangible services, or solicits subscriptions from house to house or in public places and not from an established place on private premises. Section 15-50. License Required. ) It shall be unlawful for any person, firm or corporation to engage in the business of_ hawker or peddler of any merchandise , article or thing without having first secured a license therefor except where exempted by gene- ral law. Section 15-50A. Applications. ) Applications for such licenses shall be made to the Clerk for the Municipality , and shall state thereon the description and number of vehicles, if any, intended to be operated, the kind of merchandise to be peddled; and the permanent address of the peddler and the place wherein the peddling is to be conducted within the municipality. Section 15-50B. Fee) The fee for such license shall be that pre- scribed in Section 21-37 of this Code except where exempt by gene- ral law. 241 Minutes of December 9, 1963 Meeting. Section 15-500. Street Peddlers. ) No peddler shall ply his or her vocation on any street , sidewalk, park or in any other public • place unless his license specifies that peddling in such public places is permitted thereunder. Section 15-50C. Fraud. ) Any licensed peddler or hawker who shall be guilty of any fraud, cheating or misrepresentation whether through his own acts, or that of an agent , while peddling in the town or who shall barter, sell or peddle any goods, merchandise, or wares other than those specified in the application shall be deemed guilty of a violation of this Ordinance. I . A "peddler" or "hawker" shall be defined as one who carries from place to place any goods, wares, commodities or merchandise and offers to sell or barter the same , or actually sell or barter the same , and includes all persons who do not keep a regular place of business, whether it be a house or a vacant lot or elsewhere, open at all times in regular business hours and at the same place, who shall offer for sale goods, wares, commodities and merchandise. All persons who keep a regular place of business, open at all times, in regular business hours and at the same place, who shall else- where than at such regular place of business, personally or through Z agents, offer for sale or sell and, at the time of such offering r. `� for sale , deliver goods, wares, commodities shall also be deemed N. peddlers, but this Ordinance shall not apply to those exempted by Section 58-340 of the 1950 Code of Virginia, as amended. 13 After much discussion, upon motion of Councilman Lowenbach, seconded by Councilman Orr, and by 'unanimous vote , this Ordinance was tabled and re- ferred back to the Laws and Administration Committee. • Upon motion of Councilman Cole, seconded by Dr. Orr, it was unanimously voted to authorize the expenditure of S70.00 for a turkey for Christmas for each non-elected member of the Town Government. II Manager Ritter explained to Council that a study is being made as to what sort of expenditure would be necessary in connection with the moving of water and sewer lines due to construction of the By-Pass and that Johnson and Williams, Consulting. Engineers, will make a report to Council as soon as their study has been completed. There being no further business, the meeting was adjourned at 8:50 P.M. 1 Mayor /02-4_44--d . /?./i Clerk of th Council 0