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HomeMy Public PortalAbout1968_01_22 281 . MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 22 , 1969. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 12 W. Loudoun Street , Leesburg , Virginia, on January 22 , 1969 at 7 :30 P.M. The meeting was called to order by Mayor Rollins , with Councilman Murray offering the prayer. Those present were : Mayor Kenneth B . Rollins , Councilmen C . Maloy Fishback , G . Dewey Hill, Frede- rick R. Howard, Walter F . Murray, Robert A. Orr and John W. Pumphrey; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. The minutes of the regular meeting of January 8 , 1969 were approved as written. Town Manager Ritter, in his report, explained several items on the Agenda . He also reported that the bond market has changed a very little bit according to news received from Richmond, it has dropped 2 points. and is now down to 4 .83 , but this is not low enough yet for the Town to sell its bonds . We have $79,000 on hand in the Bond Issue at the pres- ent time , with $ 122 ,000 coming in from the Bank on January 31st , for a total of $201,000. We should get about $150,000 from the Federal Govern- ment in a few days , so we are in fairly good shape . He also said he Cq had a couple of estimates to be considered for payment on the Sewer CV Project , both of which had just come in late this afternoon. CQ He called attention to a letter from Mr. George Hammerly re the apparent situation at the Airport and commented on this letter. He also reported that he had met with representatives of the High- way Department from Richmond regarding the placing of either traffic lights or flasher lights at the Rt . 7 and Catoctin Circle and Rt . 7 ,and Fort Evans Road intersections . He said that 24-hour traffic counts - would have to be made and see what would be justified at these inter- sections insofar as the Highway Department is concerned. Mr. Moody reported that , on Contract S-I , things are moving a 4' little slow due to the bad weather, however, the labor situation seems to have improved. English Construction Company will be bringing a bunk trailer, which will house 6 to 8 men, into the County in a few days and will bring along men from Altavista to work on the job. This should bring the force back up to where they can keep three or four structures moving at one time . On Contract S-II , the Town has completed their obligation to Mr. Alberts , the timber is cut and the right-of-way cleared and the only thing remaining will be the logs that are stacked over to the side, which will be moved when weather permits . They are still cleaning inside the pipe and pumping at the end to see how much infiltration there is and should know in the next week or two . Contract S-III is about 50 per cent complete and they feel that they should not run into too much trouble on the _Fire Department land, although they have run into some solid rock now. Councilman Fishback asked how far behind schedule the contractor is on Project S-I . Mr. Moody said about 30 days , but he believes this can be picked up, depending on the weather and help. Mayor Rollins asked about the closing of the gap at the old plant . Mr. Ritter said bids were opened on January 2nd and both were high. They were sent to Johnson and Williams with no recommendation. They sent them back the other day and they felt they were too high also , and recommended that we readvertise to open bidding. Mr. Ritter said, how- ever, that he believed the present contractors were in a better posi- tion than anyone else and he and Mr. Moody have been negotiating with Lim- bach to get them to lower their figure . They asked for a price on 33-inch pipe , which was received late this afternoon, but they are still 10 per cent higher than on Project S-II . He said that, for the moment , he did not believe we are in a position to make a recommendation, this will have to be studied 'further to see which is the better way to go about this . This was discussed further, but no action taken, other than to meet at ' a later date regarding this matter. `282 MINUTES OF JANUARY 22 , 1969 MEETING. Mayor Rollins stated that , after the Council resolution from last meeting authorizing Mr. Ritter to go ahead with remodeling the down- stairs of the building at #10 W . Loudoun for Council Chambers , it was decided to tear out all partitions and make this a larger and better room and this work has been done . Then the question arose as to whether it would be better to do some work on #6 and #8 W. Loudoun and to move all offices into the three buildings and tear down the present office build= ing, or whether it would be better to complete the downstairs of #10 for Council Chambers and make the present Council Chambers into a Treas- urer 's Office , leaving the remainder of the offices as they are at pres- ent . Mr. Ritter was asked to study this and he and Mr . Fishback have done so. Now Mayor Rollins asked Council to discuss what they would like to do. Councilman Fishback said that there are several different ways to look at this project . If the Town offices are to remain here for as much as five years , it would be better to move into the other buildings , they are better heated and in better shape generally and, with air conditioning installed, it would furnish more comfortable and larger quarters . How- , ever, if it would be for only one or two years , he said he did not be- lieve it would be worth what it would cost. He estimated that it would cost around $6 ,000 to make the changes in both buildings , plus the air conditioning , or around $10 ,000 for both . Mayor Rollins said that , in remodeling the building next door for Council Chambers , it was suggested that a platform similar to that used by the Board of Supervisors be installed . He said that the upstairs of this building could be used for the Police Department . Then he ex- plained that #6 would be used for the Town Manager and a receptionist downstairs , with the Planning Department in the upstairs . #8 would be used for the Treasurer 's Office downstairs and for storage upstairs . Mr. Ritter said he would like to make it clear that he is not recouuuend- ing this , particularly due to the fact that we would merely be moving from one old building into three other old ones . He pointed out the fact that fuel oil and electricity would cost far more . Also, the Po- lice Department would be separated entirely from the rest of the opera tion. This would entail the employment of a full-time Clerk, rather than a part-time one as we have at present , since there is much of the time that there is no policeman in the office to take complaints and answer other calls , some of which are emergencies . He said, however, this would provide additional space for each Department , and would be of considerable help in dividing the Treasurer 's Office from that of the Clerk He said it is the initial cost that concerns him, as well as the in- creased costs of operation. If it looks like it is going to be another five years before we can build a new building , perhaps it might be a good idea , but balancing the two, it is hard to say . He did point out that the present building is hard to heat and gets pretty cold at times . Councilman Orr asked how much it would cost to make the area where the present building is and where the old Ford Garage is located into parking area . Mr . Ritter said he had gotten a price on this today and it would be about $1 , 100 . 00 , not including the tearing down of either building. Councilman Hill asked Mr . Ritter which he would recommend. He re- plied that he believed the move would make all offices more efficient, but the costs concern him greatly . The question then arose as to whether the Police Department could be housed in the upstairs of #8, rather than #10 , but Mr . Ritter said this would not be large enough for this Department . He also pointed out again that the part-time Police Clerk we now have works out all right now, but that eventually the Department will need a full-time Clerk. This was discussed for quite some while . Councilman Hill then moved that we stick to the original thought , convert this room into a Treasurer 's Office and renovate the house next door for a Council room, and leave the other two houses for rental prop- erty . This motion was seconded by Councilman Howard . Councilman Fish- back pointed out that we are going to spend as much money fixing up this building and the one next door as we would the one down at #6 and #8 . 283 MINUTES OF JANUARY 22 , 1969 MEETING . He also said that , when this land was bought by the Town, it was bought for parking area and a new Town Office Building . Now we are proposing to keep these buildings for rental property and keep the back yards from being used for parking. Councilman Orr said he feels that Councilman Fishbackknows more about what we would save on building costs . Mr. Ritter said we have a $900 utility bill on this building for fuel and elec - tricity. Councilman Hill said he believed some of the money spent could be recouped from rentals , then it would not be a total loss . After further discussion, it was the general consensus that a new Town Office be built as soon as we are able to do it . Town Attorney George Martin suggested that perhaps the Town could build a new building under the same circumstances as the Post Office will be built , this be- ing to have someone buy the land and build the building and then the Town would lease the building until such time as it would be in.:a position to buy it back. This was not acceptable to Council members . Councilman ' : Hill 's motion was then adopted by a roll call vote of 4 to 3 , with Council- men Fishback and Orr and Mayor Rollins voting against it. Mayor Rollins then moved that the Town Manager be authorized to N finish the first floor of #10 W. Loudoun Street to make it fully ac- CQ ceptable as a Town Council room. This was seconded by Councilman Orr. Mr. Ritter said he went ahead with the plans from the last meeting on this room, but he was authorized to do more work and now, after some L� study , he finds that more money will be needed to complete this work. Mr . Murray questioned building the platform and the carpeting and why the central air conditioning must be installed. A roll call vote carried the motion by 4 to 3 , with Councilmen Howard, Murray and Pumphrey voting against it . On motion of Councilman Fishback, seconded by Councilman Hill, the following resolution was unanimously adopted by roll call vote : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to dismantle the old Ford Garage that the Town of Leesburg purchased for the purpose of providing extra parking spaces . On motion of Councilman Orr, seconded by Councilman Murray, and after some explanation by. Town Attorney George Martin, the following Ordinance was unanimously adopted: BE IT ORDAINED by the Town Council of the Town of Leesburg , that a new section be added to Chapter 15 , entitled Sec . 15-19B. Obstructing free passage of others , Riot , Roiif, , or Unlawful Assembly. 1. Obstructing free passage of others . --Any person or per- sons who in any public place or on any private property open' to the public unreasonably or unnecessarily obstructs the free passage of other persons to and from or within such public place or private property and who shall fail or re- fuse to cease such obstruction or move on when requested to do so by the owner or lessee or agent or employee of such owner or lessee or by a duly authorized law-enforcement of- ficer shall be guilty of a misdemeanor. Nothing in this sec - tion shall be construed to prohibit lawful picketing. • 2 . What constitutes riot, rout or unlawful assembly . --As used in this article : • (a) Any unlawful use of force or violence, by six or more persons acting together, is riot . Any threat to use unlawful force or violence , if accompanied by immediate power of execution, by six or more persons acting together to cause , produce , or promote unlawful use of force or vio- lence, is riot . 284 MINUTES OF JANUARY 22 , 1969 MEETING. (b) Whenever three or more persons acting together make any attempt to do any act which would be riot if actu- ally committed, such acts shall be a rout . (c) Whenever three or more persons assemble with the common intent or with means and preparations to do an un- lawful act which would be riot if actually committed, but do not act toward the commission thereof, or whenever three or more ..persons assemble without authority of law and for the purpose of disturbing the peace or exciting public a- larm or disorder, such assembly is an unlawful assembly . 3 . Participating in riot . --Every person convicted of par- ticipating in any riot shall be punished as follows : (a) If any grand larceny, burglary, murder, maiming, robbery, kidnapping , abduction, rape or arson was committed in the course of such riot and there is proof that such of- fense or offenses were caused, procured, encouraged or re- sulted from such riot, and that such person had personal knowledge that such offense or offenses were taking place, in the same manner as a principal in the most serious of any such offense as was committed; or, in the discretion of the jury , or judge trying the case without a jury, by confinement in jail not to exceed one year or by fine not to exceed one thousand dollars ; (b) If the purpose of the riotous assembly was to re- sist the execution of any statute of this State or of the United States , or to obstruct any public officer of his State or of the United States in the performance of any legal duty, or in serving or executing any legal process by imprisonment in the penitentiary for not less than two years nor more than ten years ; or, in the discretion of the jury , or judge trying the case without a jury, by confinement in jail not to exceed one year or by fine not to exceed one thousand dollars ; (c) If such person carried, at the time of such riot , any species of firearms or other deadly or dangerous weapon, or was disguised, by imprisonment in the penitentiary for not less than two years nor more than ten years ; or, in the dis- cretion of the jury, or judge trying the case without a jury, by confinement in jail not to exceed one year or by fine not to exceed one thousand dollars ; (d) If such person conspired with others to cause or produce a riot, or directed, advised, encouraged, incited, or solicited other persons who participated in the riot to acts of force or violence , by imprisonment in the penitentiary for not less than two nor more than ten years ; or, in the discre- tion of the jury , or judge trying the case without a jury, by confinement in jail not to exceed one year or by fine not to exceed one thousand dollars ; (e) In all other cases , in the same manner as for a mis- demeanor . 4. Participating in rout or unlawful assembly . --Every person who participates in any rout or unlawful assembly shall be guilty of a misdemeanor. 5 . Remaining at place of riot , rout or unlawful assembly after warning to disperse . --Every person, except public officers and persons assisting them, remaining present at the place of any riot , rout , or unlawful assembly after hav- ing been lawfully warned to disperse , shall be guilty of a misdemeanor. 285 MINUTES OF JANUARY 22 , 1969 MEETING. 6 . Commission, etc . of act amounting to riot or rout at • lawful assembly . --When three or more persons assemble for a lawful purpose and afterwards proceed to commit or attempt or threaten to commit an act which would amount to rout or riot if it had been the original purpose of the meeting, every person, except public officers and persons assisting them, who does not retire when the change of pur- pose is made known, shall be guilty of a misdemeanor . 7 . Dispersal of unlawful or riotous assemblies . --When any number of persons , whether armed or not , unlawfully or riotously are assembled, the sheriff of the county and his deputies , the police officials of the city or town, or any of them, shallgo among the persons assembled or as near to them as possible and command them in the name of the State immediately to disperse . If upon command the persons unlaw- fully assembled do not disperse immediately, the sheriff or officer may use such force as is necessary to disperse them and/or to arrest those who fail or refuse to disperse . To this end, the sheriff or other law-enforcement officer may Cq seek and use the assistance and services of private citizens . N Any private citizen who by request seeks to or assists the CV law-enforcement officer or officers in dispersing persons un- lawfully or riotously assembled shall be immune from civil or criminal liability for using such reasonable force as may be necessary to arrest or disperse those persons who fail to disperse as ordered. 8 . Duty of officers dispersing rioters ; killing or injuring rioters . --Every endeavor must be used, both by the sheriff or other officers and by the officer commanding any other force , which can be made consistently with the preservation of life , to induce or force the rioters to disperse before an attack is made upon them by which their lives may be endangered. If any of the persons so riotously or unlawfully assembled shall have killed, maimed or otherwise injured, in consequence of resist- ing the sheriff or others in dispersing and apprehending them, or in attempting to disperse and apprehend 'them, such sheriffs and other officers and others acting by their authority, or the authority of any of them, shall be held guiltless ; pro- vided, such killing, maiming or injury shall take place in consequence of the use of necessary and proper means to dis- perse or apprehend any such persons so riotously or unlawfully assembled. 9. Violation of this ordinance . --Violation of any of such sec- tions shall be a misdemeanor and shall be punished by fine not exceeding $1,000. 00 or confinement in jail not exceeding twelve (12) months or both in the discretion of the court trying the case . On motion of Councilman Hill, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : WHEREAS, a resolution was adopted by the Town Council of the Town of Leesburg on December 11 , 1968 , requesting the State Highway Department to consider Plan No . 1 submitted by Crick- enberger and Wright , showing Lee Ave . as a connecting street to the proposed By-Pass , and WHEREAS, it has been expressed by the Highway Department that a stronger resolution be adopted, which would place emphasis on the future need for such connection, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following resolution be adopted : 286 MINUTES OF JANUARY 22 , 1969 MEETING. WHEREAS, the Virginia Department of Highways proposes to con- struct a limited access By-Pass , designated as F .A. P. Rt . 70, in and around the southwest quadrant of the Town of Leesburg, Virginia ; and WHEREAS , the southwest quadrant of Leesburg, together with the adjacent area to the south in Loudoun County, is rapidly de- veloping as a residential area with schools as major automo- 1 bile traffic generators ; and WHEREAS, Lee Avenue in the southwest quadrant has an existing right-of-way of 50 feet extending from Dry Mill Road to the proposed By-Pass ; and WHEREAS, it is in the interest of the Town of Leesburg, that access be provided from the proposed By-Pass to facilitate automobile traffic in the southwest quadrant of Leesburg and adjacent areas , NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg , Virginia , that the Virginia Department of Highways be and the same is hereby requested to provide access from the _ proposed By-Pass to Lee Avenue , with provision for future con- nection across the By-Pass to the area in Loudoun County to the south. On motion of Councilman Orr, seconded by Councilman Pumphrey, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Ordinance _ adopted on December 11, 1968 on Liquor by the Drink be assigned Sec . 21-48 in the Code of the Town of Leesburg , and that the present Sec . 21-48 be changed to Sec . 21-49. On motion of Mayor Rollins , seconded by Councilman Fishback, Coun cil voted unanimously to appropriate $71 ,062 . 20 for the S-I Sewer Project and $7 , 713 . 86 on the S-III Project to English Construction Company . Mayor Rollins declared a 5 minute recess at this time . Council resumed session and on motion of Mayor Rollins , seconded by Councilman Howard, Council voted to adjourn the meeting and hold an executive session . Thus the meeting was adjourned at 9 : 15 P.M. Mayor Clerk of th Council