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HomeMy Public PortalAbout1967_11_08 130: MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 8, 1967. A regular meeting of the Leesburg Town Council was held in the Council Cham- bers, 12 l•1. Loudoun Street, Leesburg, Virginia, on November 8, 1967 at 7:30 P.M. The meeting was called to order by the Mayor, with prayer by Councilman Fishback. Those present were Mayor Kenneth B. Rollins, Councilmen C. Maloy Fishback, G. Dewey Hill , Frederick R. Howard, Walter F. Murray and :Robert A. Orr; also Town Manager James W. Ritter , Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman John W. Pumphrey. The Minutes of the meeting of. October 25, 1967 were approved as written. Town Manager Ritter reported the following: (1 ) With regard to the extension of time requested on the Federal Grant for sewage treatment facilities, this extension expires on November 22 and a resolution has been prepared for consideration tonight, which will advise the Federal Government that we are making a study as to which course to follow and that we will advise them when a decision has been reached; also that our Con- sulting Engineers will take about 30 days to ,complete their study on this matter. (2) The plant mix on Catoctin Circle was finished today and this is a big improvement. • (3) The storage shed is nearly completed, with the exception of the roof. It should be completed in a couple of days. This will give storage for four ve- hicles. One truck is ready for snow removal. We have two snow plows, one is already set up and the other will be ready in a few days. The spreader will do a-. good job too, it is identical to those the Highway Department use. We also have 450 bags of salt. (4) We have received the two new trucks and one of them has the snow plow on it. . (5) A clerk-typist has been hired for the Police Department , Mrs. Stella Collins, who will report for work on November 27th. She will work four 5-hour days a week. (6) Mr. Bozel and he have worked up a cost estimate on rebuilding Market Street from Church Street to Ayr Street. This would be complete rebuilding, including tearing up the old surface, new curb and gutter and sidewalk. They based this cost estimate on what it cost to build King Street recently and this would be around $65.00 per lineal foot. The street itself would cost $151,000, including curb and gutter. If the surface is lowered, a new water line will have to be put in, and this would be estimated at $42,000.00 for a 15-inch line. This has not been before the Street Committee yet. The total cost to the Town, figur- ing on 15 per cent being the Town 's share , would be $64,000.00, including the water line cost. This size line would serve as a distribution line if we go to the Potomac for water at a future date. To set this up, we would ask the Highway Department to make a survey at no cost to the Town. They would make a field survey, prepare plans and come up with an estimated cost. Mayor Rollins referred this matter to the Street Committee for consideration. Mayor Rollins called attention to the letter received from the Hospital, all Council members having received a copy of this letter. By this letter, the Hos- pital Board is going on record as asking the Town to assist them in constructing a better entrance to the Hospital. Mayor Rollins referred this matter to the Street Committee and asked that , if necessary, they meet with the Hospital Board. Regarding the report on the feasibility of the Town hooking to the Dulles Interceptor Sewer , which report was presented to the Council this week, Mayor Rollins said he also heard the report made today to the Board of Supervisors by Burns and McDonnell. He said Mr. Fishback told the Board that the Town is not ready to make a decision right now. The Board of Supervisors went on record this afternoon to go with the Town to the Dulles Interceptor Sewer and asked the Town to come up with an answer as soon as possible. He said he let it be known that ownership of the line outside of the corporate limits would be one stipulation. The Board expressed their desire to meet with the Council on this matter in order to make a decision as quickly as possible. Councilman Fishback said he didn' t see how this Council can even discuss this until the report from our engineer is received and we have his counsel, perhaps he can be pushed on this. He said, however , the ownership of the lines could be discussed with the Board of Supervisors prior to this, if it is to any advantage. Mayor Rollins said the Board 131 MINUTES OF NOVEMBER 8, 1967 MEETING. seemed unanimous in its decision to do this and there seemed to be no objection to Leesburg owning the line to a certain point. Councilman Murray said if these figures are correct and are substantiated by our engineer, he would feel that, if we are going to put over $1,000,000 into this, we would be paying for the sewer line between here and Goose Creek and our portion of the pump station, but he does not think we can justify to the taxpayers that we are spending their money with no chance of recouping any of it. He said he thinks we should own the line as far as our money goes , whether it be to Goose Creek or further, and we should receive the hook-on fees on the lines that far. He also said he thinks we should pay the same charges as the Washington Sanitation Authority. Mayor Rollins. pointed out III that the Board of Supervisors stated that , if an Agreement is reached, this would be binding on another Board. He asked Mr. Ritter to contact the Water Control Board. and see if this Federal Grant can be used if we go to the Interceptor Sewer; also to ask Johnson and Williams to rush their report so that a decision can be reached before the end of the year, when the present members of the Board of Super- visors will complete their terms of office.. Mayor Rollins called to Council 's at- tention that this would have to go back to the voters as to how this money will be spent. Councilman Fishback said the Committee could meet with the Board of Super- visors regarding the ownership of the line, they might have such rigid controls that we would nofginterested anyway. He said this would be taken up at the Com- ,q mittee meeting on Monday. C4 CQ Councilman Hill asked if we are performing any shoulder grading along the L'y roads. Mr. Ritter said that we are not at the present, but there is some that 0 needs to be done. Mr. Hill called particular attention to Dry Mill Road going (...) out to the High School. . Councilman Fishback asked what type of roof is being planned on the Town shed. Mr. Bozel said a corrugated iron roof is planned. Councilman Fishback said he knows it is the cheapest, but that it is a very poor roof, it comes loose, raises up and leaks. He said this should be a standing seam galvanized iron roof if you want it to stay. It would cost a good bit more and you would not be able to use Town labor on it, it would cost about $30.00 per 100 square feet, and would be around $600.00 more. Mr. Ritter said he agreed with this, however, there was only $2,000 appropriated for the building of this shed and this amount would not cover ' this type of roof. Councilman Fishback also called attention to the iron posts placed around the hydrant at •the corner of Market and Liberty Streets. These posts are in the gut- ter and could cause .a bad accident. Mr. Ritter said he was aware of this, how- ever, if this hydrant is broken off , the water, supply to the whole Town will have to be cutoff in order to repair or replace it , and it has been struck several times already. Mr. Fishback said he believed this hydrant should be moved back from the corner. Mr. Ritter reported that this, too, would mean cutting the whole Town off, however, all plans could be made ahead of time and this could be done at night. Mayor Rollins asked that the hydrant be taken out and moved back. Councilman Howard asked what progress has been made on the Fisher drainage problem. Mr. Ritter said that a profile had been made today to determine how the pipe can be gotten in there, and that they will have to talk with Mrs. Bishop about this since part of this pipe will be on her property. Mr. Howard also asked the status of the Dog Ordinance. Councilman Orr said they would try to draw up one in the near future. Councilman Orr reported that he had several complaints about .the "junk" on the corner of North and King Streets across from Hatcher 's Plumbing business. • Upon motion of Councilman Murray, seconded by Councilman Howard, the .follow- ing resolution was placed on the floor , .there being no objection to considering III it tonight : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to make application to the Virginia Elec- tric and Power Company for the .privilege of attaching to a number of their poles along King Street and Market Street certain wires and other fixtures necessary to provide decorative lighting for the Christmas sea- son, and BE IT FURTHER RESOLVED, that the Town will assume all responsibility for each installation and agrees to save Virginia Electric and Power Company 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, and r 132 MINUTES OF NOVEMBER 8, 1967 MEETING. BE IT FURTHER RESOLVED, that the Town of Leesburg agrees to assume re- sponsibility for the payment to Virginia Electric and Power Company for all electric energy used through said installations, with the un- derstanding that billing will be madeunder the existing municipal con- tract. - Discussion followed on this resolution, especially the fact that there is no way to cut these lights off during the daylight hours, thereby creating the possi- bility of an exorbitant bill for the electricity used, such as happened three ' years ago. It was the general consensus of the Council that an estimate be se- cured from VEPCO as to the cost and then, if this. is not prohibitive, they would go ahead with this. Mr. Ritter pointed out that .the decorations were given to the Town and it is our responsibility to put them up and take them down. Dis- cussion also followed on how long they should be up. Upon motion of Councilman Fishback, seconded by Councilman Murray, Council voted unanimously to table this resolution until the next meeting.. .. Upon motion of Councilman Fishback„ seconded by Councilman Murray., and after discussion, the following resolution was unanimously adopted by roll call vote: BE IT RESOLVED by the Town Council of the Town .of Leesburg, that the use of decals on windshields be adopted in lieu of metal tags for the year 1968. Mr. Ritter said he had written to the Company to see if. the red emblem can be put on these decals, but he has not yet received an answer. He also pointed out ' that written instructions would have to be issued with the decals, in order that • the public might know just where this decal would have to be placed on the wind- shield. Upon motion of Councilman Fishback, seconded by Councilman Orr, and there be- ing no objection to considering this tonight, the following resolution was unani- mously adopted : BE IT RESOLVED by the Council for the Town of Leesburg, that the, sum of $1,000.00 be appropriated from the General Fund for use on the construc- tion of the Town storage shed. Upon motion of Councilman Orr , seconded by Mayor Rollins, the following Charter Amendment was placed on the floor .for discussion : Sec. 3-2. Salaries and wages. Compensation for members of the council , mayor and .all officers and employees shall be set by the council , and the compensation for each councilman shall not exceed five thousand dollars per. annum. The council may pay the mayor compensation for his services as mayor in addition to the compensation received as a council member, but this additional compensation shall not be in excess of nine hundred • dollars per annum. - • Upon motion of Councilman Fishback, seconded by Councilman Howard, an amendment to change council -compensation to read- "not to exceed two thousand dollars" was defeated by a roll call vote of 3 to 3, with Councilmen Fishback, Hill and Howard voting for the amendment and Councilmen Murray and Orr and Mayor Rollins voting against it. A second amendment, moved by Councilman Howard and seconded by Council- man Fishback, to change this to read "not to exceed - C:twenty-five hundred dol- lars" was adopted by a roll call vote of 5 to 1, with Mayor Rollins voting against it. The section, as amended , was then adopted by a roll call vote of 5 to 1, with Mayor Rollins voting against it. Upon motion of Councilman Orr, seconded by Councilman Murray , the follow- ing Charter Amendment was unanimously adopted : CHAPTER 6. Police Court. Sec. 6-1. Generally. There shall be a police court of the municipality, which court shall have original jurisdiction of all cases involving violations of the provisions of this Charter and of all ordinances of the munici- 133 MINUTES OF NOVEMBER 8, 1967 MEETING. pality and of cases instituted for the collection of the municipal taxes or other debts due and owing the municipality. The trial offi- cer presiding over the police court shall be known as the police jus tice of the municipality and shall have the right and authority to is- sue warrants, summon witnesses and try all cases arising within the jurisdiction of said court. The police justice and substitute police justice shall serve in the absence of the police justice, and shall have the same power and authority of the police justice. The police justice ' and substitute police justice need not be a resident of the municipality. ' The mayor may be appointed to serve as police justice or substitute po- ' lice justice and paid a salary therefor in addition to his salary as C mayor and councilman. The council shall prescribe the. terms of office, the salary to be paid, the oath to be subscribed to by the police jus- tice and substitute police justice and the bond to be given. The coun- cil may provide a clerk for the police court to serve at the pleasure of the council for such clerical assistance as it deems necessary, and prescribe the duties and fix the compensation of all such employees. All provisions with respect to venue, process and order of publication, and procedure in county courts shall be applicable to all cases insti- tuted in and heard in the police court. The procedure in and appeals N from such court shall be as provided by general law for county courts. N The fees in such court shall be as provided for by general law for county courts. All fees and fines imposed by the trial officer shall be paid into the treasury of the municipality. �. Upon motion of Councilman Fishback, seconded_by Councilman Murray, the follow- ing Charter Amendment was unanimously adopted : Sec. 7-2. Treasurer ; appointment , duties. The municipal manager shall appoint, with the advice and consent of the council, a municipal treasurer, who shall serve at the pleasure of the municipal manager. The treasurer shall receive such compensa- tion and give such bond as may be prescribed by the council, and per- form such duties as may be prescribed by the municipal manager. Upon-Motion of Councilman Murray, seconded by Councilman Hill , the follow- ing Charter Amendment was unanimously adopted : Sec. 7-3. The office of treasurer and commissioner of revenue may be combined. The council may appoint one individual to fill the office of commissioner of revenue and treasurer. Upon motion of Councilman Fishback, seconded by Councilman Murray, the fol- lowing Charter Amendment was unanimously adopted : CHAPTER 7-A MISCELLANEOUS OFFICES, BOARD OF ARCHITECTURAL REVIEW Sec. 7-A.1. Zoning Administrator. The council shall appoint a zoning administrator who shall per- form such duties as are required by the ordinances of the town, gene- ral law and as may be prescribed by the council. The zoning adminis- trator need not reside in the municipality during his term of office 111 and shall hold office at the pleasure of the council. • Upon motion of Councilman Orr, seconded by Councilman Howard , the following' Charter Amendment was unanimously adopted: Sec. 7-A.2. Board of Architectural Review. The Board of Architectural Review shall be appointed by the mayor P and with the consent of the council. '134 MINUTES OF NOVEMBER 8, 1967 MEETING. Upon motion of Councilman Fishback, seconded by Councilman Orr , the follow- ing Charter Amendment was unanimously adopted : Sec. 3-6. Chief of Police. The municipal manager shall appoint , with the advice and consent of the council , a chief of police, who shall serve at the pleasure of the. municipal manager. The council may require the chief of police to attend council meetings and make such reports as may be prescribed, and he shall perform such duties as are prescribed by the municipal manager. r' Upon motion of Mayor Rollins, seconded by Councilman Orr, the following resolution was unanimously adopted : BE IT RESOLVED by the Council for the Town of Leesburg, that the Town Manager be and he is hereby directed to have the following advertise- ment published in the Loudoun Times-Mirror on the 30th day of Novem- ber , 1967: PUBLIC HEARING ' ON AMENDMENTS TO EXISTING CHARTER, TOWN OF LEESBURG, VIRGINIA The Council for the Town of Leesburg, Virginia, will hold a Public Hearing on December 13, 1967, at 7:30 P.M. , at the Town Council Cham- bers, with respect to the request of the Council to the General As • - sembly to amend the existing Charter , 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 Gene- ral Assembly to amend the 'existing Charter. The following is the text of the proposed amendments: (See attached photocopy. ) A copy of the proposed amendments to the existing Charter may be II/examined at the Town Office. Public Hearing December 13, 1967, at 7 :30 P.M. , at the Town Council Chambers. THE COUNCIL FOR THE TOWN OF LEESBURG , VIRGINIA By Kenneth B. Rollins, Mayor Mr. William B. Dew presented some new sketches of the proposed Town Office Building and an informal discussion regarding these sketches and various phases of this proposed building were discussed for approximately an hour and a half. Mr. Dew was instructed to prepare preliminary plans. Upon motion of Councilman Fishback, seconded by Councilman Hill , the follow- ing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg that the Town Manager be authorized to secure bids on a tractor mower. Upon motion of Councilman Fishback, seconded by Councilman Hill, the follow- ing resolution was' unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to secure a price on a Snow Blower to be attached to the Town-owned International Backhoe. Upon motion of Mayor Rollins, seconded by Councilman Howard, the following resolution was unanimously adopted: WHEREAS, on October 11 , 1967, the Loudoun County Board of Supervisors requested the Town to consider a feasibility study of a joint venture project whereby the sewage from the Town of Leesburg and certain areas of Loudoun County would be transported to the Dulles Interceptor Sewer, and • 135 MINUTES OF NOVEMBER 8, 1967 MEETING. WHEREAS, the Loudoun County Sanitation Authority offered to make this study at• no cost to the Town, and , at the same time, assurance was given the Town that the study would be completed within one month, • • and • WHEREAS, the study has been completed and presented to a joint meet- ing of the Town Council , Board of Supervisors and Loudoun County Sani- - tation Authority on November 6, and WHEREAS, Johnson and Williams, Consulting Engineers for the Town of • Leesburg, have advised the Town that they will need about 30 days to II/ study the report in detail and to arrive at a recommendation to the Town as to the best course to follow, and • WHEREAS, it is recognized that the Town has been offered a Federal Grant in the amount of $446,100 for the construction of its own fa- cilities, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of • Leesburg, that the Town Manager be directed to advise the State Water Control Board and the Federal Water Pollution Control Administration of the present status of the Town's plans, and further that the two N Government Agencies will be advised when a decision has been reached as to which course the Town will follow. L.) V Councilman Murray asked Council 's permission to attach to the Town Police cars and other vehicles a decal advertising the Anti-Litter Campaign sponsored by the Izaak Walton League. This permission was granted.. Councilman Murray reported on the meeting of the Planning Commission with the Leesburg Committee, stating that the Committee was very much concerned about the retention of the original log building for a Museum. Mrs. Helmi Carr was present at this meeting and presented quite an elaborate plan for the future, with the log building being the center of this plan. Mr. Murray said the Com- mittee made it plain that they would be looking to the Town and individual con- / plus the County , to finance this development. . He said he gathered that the Committee had no objection to the Town's removal of the cinder block portion of the building, but they do want to retain the original log portion. This matter was discussed, along with the fact that this would not be in ac- cordance with the original plan for this land to be put into additional parking area, and also the• fact that if the Town contributed the building, this would constitute a sizeable gift in itself , the Town having paid approximately $4.00 per square foot for this land. Town Attorney George Martin stated that the Committee on Ethics had ruled that his partner would not be allowed to represent a client on the same type of criminal case in Circuit Court- as he (the Town Attorney) would be prosecuting for the Town on an appeal from the Town Court. He again asked that Council consider asking the Commonwealth Attorney if he would handle such cases for the Town. . Mayor Rollins asked Mr. Martin to contact the Commonwealth Attorney regarding this representation of the Town on a free basis. There being no further business, the meeting adjourned at 10 :15 P.M. eat' • Mayor Clerk of th Council T, An act to amend and to re-enact Sections 3-2, 3-6, 6-1, 7-2, Chapter 433, Acts of Assembly, 1962, Regular Session, Approved March 31, . 1962, which provided a new charter for the Town of Leesburg and to amend the charter by adding sections numbered 7-3`, 7-A, 1 and 7-A.2. Be it enacted by the GeneralaAssembly of Virginia: 1 1 . That Sections 3-2, 3-6 , 6-1, 7-2 of Chapters 3, 6, and 7, of Chapter 433, Acts of Assembly, of 1962, Regular Session, be amended and re-enacted, and that Chapter 433 be amended by adding a new section to Chapter 7 and a new chapter, 7-A, numbered Sections 7-3, 7-A.1, and 7-A. 2, the amended and new sections being as follows: Sec. 3-2. Salaries and wages. Compensation for members of the council, mayor and all officers and employees shall be set by the council, and the compensation for each councilmen shall not exceed twenty-five hundred dollars per annum. . The council may pay the mayor compensation for his services as mayor in addition to the compensation received as a counciL::member, but this additional compensation shall not be in excess of nine hundred dollars per annum. Sec. 3-6 . Chief of Police. The municipal manager shall appoint, with the advice and consent of the council, a chief of police, who shall serve at the pleasure of the municipal manager. The coun- cil may require the chief of police to attend council meet- ings and make such reports as may be prescribed, and he shall f , perform such duties as arepprescribed by the municipal manager. CHAPTER 6 . rolice Court. Sec. 6-1. Generally. There shall be a police court of the municipality, which court shall have original jurisdiction of all cases involving violations of the provisions of this Charter and of all ordinances:of the municipality and of cases instituted for the collection of the municipal taxes or other debts due and owing the municipality. The trial officer presiding over the police court shall be known as the police justice of the municipality and shall have the right and authority to issue warrants, summon witnesses and try all cases arising within the jurisdiction of said court. The police justice and substitute justice shall be appointed by the council and the substitute police justice shall serve in the absence of the police justice, and shall have the same power and authority of the police justice. The police justice and substitute police justice need not be a resi- dent of the municipality. The mayor may be appointed to serve as police justice or substitute police justice- and paid a salary therefor in addition to his salary as mayor and councilman. The council shall prescribe the terms of office, the salary to be paid, the oath to be sub- scribed to by the police justice and substitute police- . justice and the bond to be given. The council may pro- vide a clerk for the police court to serve at the plea- sure of the council for such clerical assistance as it deems necessary, and prescribe the duties and fix the compensation of all such employees. All provisions with respect to venue; process and order of publication, and procedure in county courts shall be applicable to all cases instituted in and heard in the police court. The procedure in and appeals from such court shall be as provided by general law for county courts. The fees in such court shall be as provided for by general law for county courts. All fees and fines imposed by the trial officer shall be paid into the treasury of the municipality. Sec. 7-2. Treasurer; appointment , duties. The municipal manager shall appoint, with the advice fr and consentjof the council, a municipal treasurer, who I - shall serve at the pleasure of the municipal manager. The treasurer shall receive such compensation and give such bond as may be prescribed by the council, and perform such duties as may be prescribed by the municipal manager. 1 • - Sec. 7-3. The office of treasurer and commissioner of revenue may be combined. The council may appoint one individual to fill the office of commissioner of revenue and treasurer. CHAPTER 7-A Miscellaneous Offices, Board Of Architectural Review Sec. 7-A.1 Zoning Administrator. The council shall appoint a zoning administrator who shall perform such duties as are required by the ordinances of the town, general law and as may be pre- scribed by the council. The zoning administrator need not reside in the municipality during his term of office and shall hold office at the pleasure of the council. Sec. 7-A.2 Board of Architectural Review. The Board of Architectural Review shall be appointed by the mayor by and with the consent of the council. An emergency exists and this act shall be in force on and after