Loading...
HomeMy Public PortalAbout1968_08_14 29MIN229- MINUTES UTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL,AUGUST 14 , 1968. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 12 W . Loudoun Street , Leesburg , Virginia on August 14, 1968 at 7: 30 P.M. The meeting was called to order by the Mayor , with Councilman Fishback offering the prayer . Those present were Mayor Kenneth B . Rollins , Councilmen C. Maloy Fishback, G. Dewey Hill , Frede- rick R . Howard , Walter F. Murray and John W. Pumphrey ; also Town Manager James W. Ritter , Jr . and Town Attorney George M. Martin . Absent from the meeting was Councilman Robert A . Orr . The Minutes of the regular meeting of July 24 , 1968 were approved as written . Mr . Wilbur C. Hall and Mr . O. Leland Mahan of the law firm of Hall , Monahan and Engle were recognized , and Mr . Mahan explained in detail their request regarding the three properties located at the corner of Ayr and Market Streets . Council members had previously received a letter from this law firm regarding this situation , so was already -fa- miliar with the problem. In essence , this was a request that Council adopt a resolution granting permission for these properties to be con- veyed by separate deeds , although all three houses were constructed on CI one tract of land some twenty-five years ago, which was before there Cd were any zoning requirements in the Town . This matter was discussed CI and various questions answered by Mr. Mahan . On motion of Councilman C Howard , seconded by: Councilman Hill , Council voted unanimously that this request be referred to the Planning Commission for recommendation . Town Manager James W: Ritter reported the following: ( 1) About a month ago , the possibility of charging subdividers and developers a fee for engineering services was discussed , and it was,Treferred back to the Street Committee for study. The firm of Dew- berry , Nealon & Davis , which firm made a study for the County several months ago, met with the Committee , then came back and discussed their proposition with Mr . Forbes and Mr . Ritter and this recommendation will be discussed at the Committee meeting next Monday. (2) Col . Knight will be present at the Committee meeting on Monday to give a progress report on the study regarding placing of monuments. (3) Mr . Dew reports that he has seven highly qualified bidders who wish to submit bids on the new Town Office Building, he has investigated all of them and is confident that they can do the work, both from a: quality and a financial standpoint . Because of the Labor Day Holiday , the date for opening of these bids has been moved up to September 5th. (4) Re Item 3 on the Agenda , he said the Town is in need of a transit since we have always had to borrow one , and he has one here on a .:i trial basis. It has been tested and proven that it will do the job. Also, this transit will do level work and the Town needs a level rod . He said both of these items can be bought for approximately $375.00. ( 5) Regarding Item 5, Limbach ' s Estimate No. 2 , we do not have enough in the Bond Issue Account at this time, however , Certificates of Deposit in the amount of $220 ,000 will be coming due on August 31st . A part of this money will be reinvested in either Certificates of De- posit or U. S. Treasury Bills . Also, he said English Construction Com- pany will be comjng up With an estimate pretty soon . (6) Regarding Item 6 on the Agenda , he said he has a Rider which 111 would be added to the proposed Agreement which would , in effect , hold the Town harmless . (7) The resurfacing of streets has been completed and he said it is felt that the Town received their money' s worth , however , he said he would recommend that we hold back $1 ,000 for 60 days . About $35 ,000 was budgeted for this work and about 2400 feet of additional street Was paved over and above that planned for. (8) A letter of thanks has been received from R . K. Gheen , Treas- urer of the Loudoun Restoration Committee , for the $3 ,000.00 given to this Committee for the restoration of the " log cabin ." 2B0 MINUTES OF AUGUST 14, 1968 MEETING . ( 9) He introduced new Police Officers George W. Hunt and Kenneth W. Barnes , who will be starting to work tomorrow, August 15th . ( 10) Mr . Moody will give a progress report on the: Sewer Projects , however , he said he would like Council to know that Mr . Moody is doing an excellent job for the Town and that he feels the Town is very for- tunate in having him. • Mr . Moody gave a progress report at this time on all three Sewer Projects . He said that , on S-I , the Sewer Plant , the 8-inch water line has been completed and tested very good; the 6-inch line is partially completed down to the plant site ; a temporary fire hydrant has been installed for the use of the contractor; the access road is partially finished ( they will get enough rock down so that the contractor can use the road for access and will finish it later ) ; they are working on excavation for the control building and the digestors ; have started laying sanitary sewer pipe at the plant ; and have started a portion of a fence that will fence off one pasture that belongs to Mr . Kincaid (this will be to:the advantage of both parties) . On Project S-III , he said they have been waiting on approval of the manhole and should get started within a day or two. On S-II , it is coming along pretty well and is close to 20 per cent complete . He also presented plans which he had marked off to indicate the progress on each project and explained that about 8500 yards of rock had been encountered . Mayor Rollins read a letter from Colonel Michael C. Grenata , re- questing permission to have two of the four trees adjacent to his prop- erty , which are on street right -of-way , trimmed at his own expense . He explained that he would like written approval from Council , and also an expression that these trees would not be removed . On motion of Council- man Howard , seconded by Councilman Pumphrey , Council voted unanimously that Colonel Grenata be given permission to trim the trees at his own expense . Mayor Rollins also read a letter of thanks from Donald Fisher for the,-permission granted to shoot birds in the rear of his property on Edwards Ferry Road . • Mayor Rollins also said that the right-of-way representative from VEPCO had talked with him concerning the poles which are placed on the dedicated right-of-way going to the new Sewage Treatment Plant . The Company has sent back the Agreement and has asked for the following ad- ditional phrase to be added: "such dedication shall not affect the easement hereby granted ." This matter was discussed and it was sug- • gested that Mr . Ritter write BEPCO and negotiate::.•• this matter . On motion of Councilman Pumphrey , seconded by Councilman Fishback, Council voted unanimously that the Town Attorney be instructed to have 'the Sheriff levy on the judgment against John R . Dudley ; Mr . Ritter was instructed to take any expenses out of the Contingency Fund . On motion of Councilman Fishback, seconded by Councilman Pumphrey , the following resolution was unanimously adopted : WHEREAS , the Council notes with the deepest sadness the death of Stirling M. Harrison , Commonwealth ' s Attorney for Loudoun County, on August 13 , 1968 , and WHEREAS , the late Charles F. Harrison , the father of Stirling M . Harrison , served as Mayor of the Town of Leesburg for a number of years with great distinction , and WHEREAS , Stirling M. Harrison was a nAZive of the Town of Lees- burg , resided here all of his adult life and served as Common- wealth ' s Attorney for twenty-two years , succeeding his father in that position , and WHEREAS , Stirling M. Harrison occupied the office with great distinction and ability, and at all times brought to this most important position dignity and integrity which was recognized by all , and 231 MINUTES OF AUGUST 14 , 1968 MEETING. WHEREAS , Stirling M . Harrison keenly participated in the affairs of the Town of Leesburg , taking his position on the issues fear- lessly and candidly when in favor; or in opposition , and WHEREAS , the death of Stirling M. Harrison has deprived this Town , this County and this Commonwealth of a public officer of high character , courage and ability , BE IT, THEREFORE, RESOLVED, that the Council declares its sorrow • at this tragic and sad moment , and extends-:its sympathy to the widow and family of Stirling M. Harrison , and BE IT FURTHER RESOLVED , that a copy of this Resolution be sent to the family of Stirling M. Harrison . Mayor Rollins announced that there will be a Memorial Service for Mr . Harrison at (10: 15 A .M . in the Court House on Friday and that the Town Office will\be closed from 10:00 A .M. until 1 :00 P.M. On motion of Councilman Hill , seconded by Councilman Pumphrey , the CV Nfollowing Ordinance was unanimously adopted : CV BE ITY RESOCVEDabyothe Town:ICouncil' ofithe .Town:of Leesburg , that the attached "Loitering"Ordinance be adopted: AN ACT to add a new section to Chapter 15, titled "Loitering," to the Town of Leesburg Code , 1963, to follow immediately after Section 15-19 thereof , so as to prohibit any person from loiter- ing in any public place , or place open to the public , in such a manner as shall interfere with pedestrian or vehicular traffic , interfere with or obstruct other members of the public , or cause a breach of the peace ; to further prohibit any person found loitering, as defined from refusing a police officer ' s reason- able order to move on to require identification under certain circumstances ; to define the terms "Loiter ," "Public Place" and "Place open to the Public ;" providing a misdemeanor for any violation of said Chapter ; providing that a police officer may issue a "Notice of Violation" in lieu of arresting a violator in order to enforce said Chapter ; and providing a maximum pen- alty for conviction of any violation . BE IT ENACTED BY THE COUNCIL FOR THE TOWN OF LEESBURG, VIRGINIA , that , Section 1 . There is hereby added a new section designated 15-19A , titled "Loitering , " to the Town of Leesburg Code , to fol- low immediately after Section 15-19 thereof , to read as follows: Sec . 15-19A-1. Definitions Loiter . Loiter means to stand around or remain , or to park or remain parked in a motor vehicle at a public place or place open to the public and to engage in any conduct prohibited under this law. Loiter also means to collect , gather , congregate , to be a member of a group or a crowd of people who are gathered to- gether in any public place or place open to the public and to engage in any conduct prohibited under this law.= Public place . Public place means any public street , road or highway , alley:; lane , sidewalk, crosswalk, or other public way , or any public resort , place of amusement , park, playground , pub- lic building or grounds appurtenant thereto, school building or school grounds , public parking lot , or any vacant lot . Place open to the public . Place open to the public means any place open to the public or any place to which the public .is invited , and in , on or around any privately owned place of ' business , private parking lot , or private institution , includ- ing places of worship, cemetery , or any place of amusement and entertainment , whether or not a charge of admission or entry thereto is made . It includes the elevator , lobby , halls , cor- ridors and areas open to the public of any store_, office or apartment building. 232 MINUTES OF AUGUST 14 , 1968 MEETING . Sec . 15-19A-2 . Prohibited Conduct (a ) It shall be unlawful for any person to loiter at , on or in a public place or place open to the public in such manner : ( 1 ) To interfere , impede or hinder the free passage of pedestrian or vehicular traffic , or (2) To interfere with'; obstruct , harrass , curse , or threaten or do physical harm to another member or members of the public , or (3) That by words , acts or other conduct it is clear that there is a reasonable likelihood to result in a breach of the peace or disorderly conduct . (b) It shall be unlawful for any person to loiter , as de- fined in Sec . 15-19A-1 , at a public place or place open to the public , and to fail to obey the direction of a uniformed police officer', or the direction of a properly identified police offi- cer , or the direction of a properly identified police officer • not in uniform , to move on , when not to obey such direction shall endanger the public peace . Sec . 15-19A-3. Identification It shall be unlawful for any person , at a public place or place open to the public , to refuse to identify himself by name and address at the request of a uniformed police officer , or of a properly identified police officer not in uniform, if the surrounding circumstances are such as to indicate to a reason- able man that the public safety requires such identification . Sec . 15- 19A-4. Lawful Assembly Nothing herein shall be construed to prohibit orderly picket- ing or other lawful assembly . Sec . 15-19A-5. Penalties Any person violating any of the provisions herein shall be deemed guilty of a misdemeanor and , upon conviction thereof , shall be subject to a fine of not less than $10.00 , nor more than $100.00, or imprisonment for not more than ten days , or both fine and im- prisonment in the discretion of the court . Any police officer witnessing a violation of this ordinance may , as an alternative to making an arrest , issue to said vio- lator a "Notice of Violation ," which notice , in addition to such factors as shall be required by such form of notice as may be approved by the Town Manager , shall specify the violation with which said violator is charged , and shall set forth the hour , date and location that said violator is summoned to appear be- fore the Police Justice for Leesburg , Virginia , to answer said charge . No person shall be charged with a violation of this ordi- nance unless and until the arresting officer has first warned the person of the violation and such person has failed or re- fused to stop such violation . Sec . 15-19A-6 . Saving -Clause Should any section , subsection , sentence , clause or phrase of this section be declared invalid by a court of competent juris- diction , such decision shall not affect the validity of the Chap- ter in its entirety , or of any part thereof other than so declared to be invalid . The Council for the Town of Leesburg , Virginia , . hereby declares that it would have adopted this section and each - subsection , sentence , clause , and phrase thereof , irrespective of the fact that any one or more sections , subsections , sentences , clauses or phrases be declared invalid . Section 2 . This Act shall take effect August 15 , 1968. 233 MINUTES OF AUGUST 14 , 1968 MEETING. Town Attorney George Martin also called attention to the fact that all public• bodies must have public meetings , not just Public_ Hearings. Councilman Fishback commented that such bodies could have work sessions. Mr . Martin also said that the police officers have asked about adopting the Motor Vehicle Code and said that he thought the Tom Manager should contact Michie in Charlottesville regarding this matter . Mayor Rollins announced that a deed had been found in the Clerk' s Office, conveying Potters Field to the Town of Leesburg in 1839 by a Mr . Shreve . This was searched back further and it was found that Mr . Shreve got it from a man named Wildman . He said he believed there was no doubt that this refers to Potters Field . The deed stated that it was to be used for the burial of white people and one-half far free people of dif- ferent color , which would have excluded slaves . Town Attorney Martin said it was an unrecorded instrument , but was signed , and he feels we can amend our pleadings and bring in this instrument . He said the deed " called it a public cemetery . He added that the pending suit is moving along slowly in Richmond . On motion of Councilman Pumphrey , seconded by Councilman Fishback, the following resolution was unanimously adopted : • CV N BE IT RESOLVED by the Town Council of the Town of Leesburg , N that the Town Manager be authorized to purchase a transit and level rod for surveying purposes at an approximate price of (� $375.00'. On motion of Councilman Murray , seconded by Councilman Howard, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that $40, 652. 55 be appropriated from the 1967 Bond Issue Fund to pay Limbach Co. for Estimate No. 2 on Project S-II , Tuscarora Inter- ceptor Sewer . Mr : Ritter pointed out that it would be several months before we can ask for Federal money on this project . On motion of.Councilman Pumphrey , seconded by Councilman Murray , the following easement agreement was unanimously adopted: Received of The Chesapeake and Potomac Telephone Company of Virginia One Dollar ($ 1 .00) in consideration of which the undersigned hereby grant and convey unto said Company , its successors , assigns , lessees and agents , a right of way and easement to construct , operate , maintain , replace and remove a communication system consisting of such buried cables , buried wires , posts , terminals , location markers , and other appurtenances , as the grantees may from time to time require , upon , under , across and over the land which the undersigned own or in which the undersigned have any interest ; said land being located and described as follows: Bordered on North , West and South by Charles Miller and on East by Route 643 - Section 60 , Plot 8A in the District of Leesburg , County of Loudoun , and State of Virginia and upon , under , along and over the roads , streets and highways adjoining the said land , together with the following rights: Of ingress and egress over , under , and across the lands of the undersigned to and from said systems for the purpose of exercising the right's herein granted ; to open and close fences , to cut down and keep cut down all trees and under- growth within 10 feet of said system; to carry in said system the wires , cables, circuits and appurtenances of any other Company ; including all electric wires; said system being located on said land as follows: Bury cable as shown on attached plat known as Exhibit "A" and Exhibit "B'? which states additional conditions. This conveyance is subject to and said plats A and B made a part hereof. :2.34 MINUTES OF AUGUST 14, 1968 FETING. EXHIBIT !!B"- This conveyance is further subject to the following conditions: 1 . That if the grantor , its heirs or assigns , should acci- dentally break or injure the cable, that the grantor , its heirs air assigns , will not be responsible for the payment for the re- pairs or suffer any financial liability at all . 2 . If in the future , the cable interferes with new driveways , sewer lines and water lines and other underground installa- tions or any other type of construction necessary for the de- velopment of grantor ' s land , the grantee will relocate the cable at no cost to the grantor . 3. The grantee will be liable to the grantor for any result?-- ing financial loss of any nature arising from the care , mainte- nance and repair of the underground cable after same has been installed . 4. This conveyance is made subject to The Chesapeake and Po- tomac Telephone Company of Virginia holding the Town of Leesburg harmless against any damages resulting from the installation or its lessees against anysuch damages . On motion of Councilman Fishback, seconded by Councilman Howard , the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council 'of the Town of Leesburg , that $23,441 .88 be appropriated from General Fund , Capital Out- lay, Street Resurfacing , to pay Buckley-Lages for resurfacing streets. Councilman Fishback suggested that Mr. Ritter discuss with Johnson and Williams the possibility of changing the plans at the end of Sewer Project S -III so that this can be finished up now. Also , Mr . Fishback said he believed we should be getting started on the General Obligation Bond needed to complete the sewer plant and to build the Town Office Building . Town Attorney ,Martin said it would take about 2 months for this to be readied and Mayor Rollins suggested that the Utility Committee discuss this at its next meeting. Councilman Fishback asked Mr . Ritter to secure figures for the next meeting on this . Councilman Fishback also asked about the Performance Bond on Mensh . Mr . Martin said they will have to be sued and he is working on this. Mr . Fishback said also authorization should be given on the plans at the Route 15 By-Pass . Mr . Ritter said that the Crickenberger-Wright application for a commission permit comes before the County Planning Commission on August 27th . ' Mayor Rollins said he had received a letter from Mr . Turner on be- half of the Board of Supervisors, requesting the Town to meet with County officials regarding a parking lot in back of the County Office Building. This matter was discussed at length and Mayor Rollins asked Mr . Martin to write a letter to Mr. Forbes and to Mr . Leach in order that this mat- ter might be taken up by the Planning Commission . Councilman Fishback stated, on behalf of the entire Council , that • a vote of thanks is certainly due Mr . Bozel for the number of hours he spent on the street resurfacing job. There being no further business , the meeting adjourned at 9 :05 P.M . //c�/5 i-Lri Mayor Clerk of th Council