HomeMy Public PortalAbout1973_02_28 1
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 28 , 1973 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia ,. on Febru-
ary 28, 1973 at 7 :30 P.M. In the absence of the Mayor, the meeting
Was called to order and conducted by the Mayor Pro-Tem, Robert A. Orr,
with a prayer being offered by Councilman Pumphrey . Those present
were : Councilmen Walter F. Murray , Robert A. Orr, John W . Pumphrey,
Herbert L. Ridder, C. Terry Titus and John A. Wallace , Jr. ; also Town
Manager James W . Ritter, Jr. and Town Attorney George M. Martin.
Corrections to the Minutes of February 14 , 1973 by Councilman
Titus were as follows : Third page , middle of the page , "Obviously ,
we cannot" to be changed to "Hopefully , we can. " Also , in the fol-
lowing paragraph, second line , to read "after the 'Feb . 6 ' executive . "
On the sixth page, last paragraph, fourth line , insert before "The
Town Manager secures reports ' the words "In the Ordinance draft, " ;
also, third line from the bottom should read "Council' in turn ap-
proves the 'site plan and the ' Performance Bond, ". The Minutes , as
corrected, were then approved.
Mr. Charles Jekyll , representing the National Capital Area Water
Study Committee , presented to each Council member a copy of the study
done on "Washington ' s Water Supply Crisis" by this Committee . Mr.
eta Jekyll pointed out that this report has been prepared as a result of
a study done by members of five (5) local professional engineers
.-: chapters in the Metropolitan area and was done as a public service .
It points out the many problems involved in the water crisis exist-
ing in the Metropolitan Area today and makes recommendations for both
short-term solutions , as well as long-term ones . One recommendation
is that citizens in the area must be informed of the magnitude of
this problem and the public health hazard it presents . Three-fourths
of the water supplying the Metropolitan Area comes from the Potomac,
this largely being taken out by the Corps of Engineers; and two other
suppliers , the Washington Suburban Sanitary Commission and the Fair-
fax County Water Authority , are looking to the Potomac as a supply to
meet future requirements , as is the Town of Leesburg . The problem is
that 'there is water in the Potomac , but no-one knows how to utilize
it, therefore, it is time to start studying this problem now. He
asked Council to study this report and to do anything it can to help.
Questions were asked about water-saving devices , with Mr. Jekyll stat-
ing that they have proved effective . Rate controls were also discussed.
this being another method suggested by the Committee to conserve water.
Town Manager Ritter reported as follows :
(1) He pointed out that Item 1 on the Agenda , the check from
Loudoun Memorial Hospital in the amount of $36 , 132 received last week,
was billed in June of last year, at which time Colonel Valentine
asked that payment be delayed until the storm and sanitary sewer
lines had been connected. They were billed again on February 14th.
This check is being held because of the moratorium now in effect.
• (2) On Item 2 , Mr. Spain would like to have the position of the
Council on his Rezoning request, which was denied by the Planning Com-
mission because of lack of available utilities .
(3) He explained the appropriations needed, stating that our old
radar set needs some work, it is 10 years old. Thecsmisu2egs are much
better - this particular one having a digital readout which 'shows the
speed in the window of the radar set . This could be paid out of Reve-
- _' nue Sharing money .
(4) Item 4 pertains to a letter from Henningson, Durham and
Richardson, which stated that the design cost of the aprons at the
Airport would be about $15 ,000. We have no idea what the construc-
tion cost would be, therefore , the Committee felt this should be de-
layed for the time being .
(5) He made corrections to Item 5 regarding the Airport Advisory
Committee resolution.
2
MINUTES OF FEBRUARY 28, 1973 MEETING.
(6) He received a call._. late last Thursday from Donald Fisher
in the County Engineer 's Office, advising that the Town could no longer
haul brush to the County Landfill , effective the next day . He said we
would have to buy a chipper and could haul this material out there, but
they cannot compress the brush. He asked for and received an excerpt
from the Board of Supervisor ' s action today, this being a letter from
Mr. Wiggins , which he 'read to Council. Mr. Ritter believed that, if
a chipper is needed, the County should buy it . He said a' salesman
had been in that day and left a brochure on a Wayne" chipper. Mr. Chaves
called the next day and found that a Wayne chipper could be purchased
for approximately $5 ,200 , with delivery in four to six weeks . In the
meantime , we are piling up brush behind the Shop.
(7) Town Attorney Martin asked that the Amendments to the Motor .,,;
Vehicle Code and the Chemical Test to determine alcohol content be put
on the Agenda .
(8) Attached to the Agenda is a copy of a resolution adopted by
the Northern Virginia Planning District Commission regarding the study
for a regional plant.
(9) The Highway Department will hold a meeting at the District
Office in Culpeper on March 9 at 1 :30 P.M. to discuss allocations for
the next fiscal year on various projects . They will briefly review
the ten-year Highway Improvement Program and invite suggestions from
the public on projects they feel should be allocated during the coming
year. The Mayor and he will attend this meeting and speak on behalf
of our two urban projects .
(10) He had written Mr. Noman Cole , Chairman of the Water Control
Board, recently with reference to a report recently prepared on the
Washington Area Water Resources Program, which report recommended that
Montgomery County, Maryland build a sewer plant at Dickerson without
delay. He pointed out that the confluence of the stream entering the
Potomac would be only about 10 miles above our water intake tower and
we could be picking up partially treated sewage in our intake . He re-
ceived an answer from Mr. Cole today, stating that they were aware of
Leesbdrg 's intake and that "fail-safe" measures would have to be built
into the Treatment Plant .
(11) Mrs . Carr has selected a site on her property for the erection
of a standpipe . We have gone over this with Johnson and Williams and
the site is acceptable . We need 200 ' x 200 ' for a four-million gallon
tank. This will be discussed at the next Street Committee meeting.
(12) We had asked Mr. Rosser Payne to step up his study on the
Master Plan Program to complete it by July 15, rather than the original
October 19th date. His original agreement was $6 ,000 for one year,
however, under the accelerated program, there would be an additional
cost of $3 ,750. We questioned this and he has prepared an explanation,
which is attached to the Addition to the Agenda . Perhaps Council may
want to take some action on this tonight in the interest of time. The
question is whether or not it is worth $3 ,750 to get this report three
months earlier than the original agreement.
(13) Southern Line Cleaning started work last week and they have
done a considerable amount of work through today on the hard-surfaced
areas . They have been working in the Fairview section, on Route 7 and
Dry Mill Road - have flushed these lines out, but have not yet com-
pleted work on them. There is a good deal more work for them to do.
(14) It is possible that we could invest $150,000 for one year *c'
from the Water/Sewer Availability Fund.
The following proposed resolution was read by the Clerk:.
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the Town Treasurer be authorized to accept and deposit
check from Loudoun Memorial Hospital in the amount of $$36 , 132 ,
received on February 22, 1973 , for off-site sanitary and storm
sewers , which amount was billed on June 1, 1972 and again on
February 14, 1973 .
Councilman Titus objected to considering this tonight. It was , there-
fore , referred to the Utility Committee .
3
MINUTES OF FEBRUARY 28 , 1973 MEETING .
On motion of Councilman Titus , seconded by Councilman Ridder, the
following resolution was unanimously adopted; after discussion as noted
below:
WHEREAS, Rezoning Application No. ZM-11 by Frederic Lee
Spain was denied by the Leesburg Planning Commission on
January 4, 1973 , because of the lack of available utili-
ties ,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg , that the Town Council also denies the ap-
'; plication for rezoning.
Councilman Titus said they felt the change in density could not be
justified due to the lack of streets and sewage . Mr. Spain asked that
this resolution be put in writing to him. He said he understands and
accepts the verdict without malice .
Mayor Pro-Tem Orr recognized and welcomed former Mayor Rollins to
the meeting.
Councilman Murray said that , in the same area mentioned above,
CD
there is a propose nursing home , which he felt would be ideal in this
CC area . He pointe8Yin his comments to the Health Director the fact that
isp they should definitely explore the need for medically-oriented house-
CD keeping personnel in this area due to the fact that we have a new Hos-
cn pital . We may have to look at this in the not too distant future, not
only for this applicant, but for others as well. He believed we need
a nursing home in this area . Councilman Titus said he received this
same letter and he suggested to Dr. Oyen that she contact the Town Mana-
ger. He did not think this meant a final denial - when the water and
sewer situation is straightened out , this may be a probability again.
On motion of Councilman Wallace, seconded by Councilman Pumphrey,
the following resolution was presented:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
''. that the following appropriations be made :
$2,350 .00 - Leesburg Motors , Inc. - New 1973 Pick-up.
(Utility Fund-Capital Outlay) .
1,295 .00 - Purchase of new Radar (to be paid for out of
Revenue Sharing Fund) .
5 ,000 .00 - Supplemental Appropriation - Utility Fund-
Materials .
Mayor Pro-Tem Orr asked how much we would get on our old radar set.
Chief Kidwell said $300.00 . . Dr. Orr said he knew they had been doing
a good job , but he did not want to see the Town make a Falls Church out
of it. The resolution was then unanimously adopted :
On motion of Councilman Wallace, seconded by Councilman Ridder, the
following resolution was adopted by a vote of 5 ' foi, with Councilman
Titus abstaining:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Henningson, Durham and Richardson be notified that the
design of the parking apron and holding apron at the Airport
11/ be delayed until some future date.
Councilman Wallace said that, if we commit ourselves to $15 ,000 for
plans , we have committed ourselves for construction , which was esti-
mated at $250,000 for the parking apron. It is his feeling that the
whole Airport situation needs very close study and he feels that an
Airport Committee could study this apron, as well as other things .
4
MINUTES OF FEBRUARY 28 , 1973 MEETING.
On motion of Councilman Wallace, seconded by Councilman Pumphrey,
the followingpresolution was offered :
the p -Fa 10 fTown Council of the Town of Leesburg has approved
an irport master Plan, to be prepared by the firm of Henning-
son, Durham and Richardson, and .
WHEREAS, due to the many complexities of this project and the
apparent need for continuous review of airport needs and ac-
tivities , and
WHEREAS , there is presently a committee of the Town Council
which is carrying on this responsibility, but this committee
does not feel that it can fully discharge its responsibility
due to more time being spent on other town matters , and
WHEREAS , this committee feels that the Leesburg Municipal Air-
port is a growing asset to both the Town and the County, and
will have an increasing economic impact on both jurisdictions ,
and is desirous of advice on future expansion, zoning and man-
agement for interested citizens of both the Town and County,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that an Airport Advisory Committee be and hereby
is established, said Committee to consist of five (5) members,
including a Chairman , and one of which shall be a member of the
Town Council , such members to be appointed by the Town Council
for a term of four years , to be staggered and to run concurrent-
ly with the Town Council , and
BE IT FURTHER RESOLVED, that said members will be appointed as
soon hereafter as is practical , and they will appoint a Chair-
man , establish rules of order , meeting times and such other
operating procedures as they may deem necessary and present
said rules and procedures to the Town Council for approval at
its earliest convenience .
Councilman Wallace called attention to certain problems at the Airport,
and the fact that Airport matters need constant study and review if it
is going to be the asset to the Town and County that it should be. He
said they are seeking advice from interested citizens who are familiar
with Airport operations . Mayor Pro-Tem Orr said all members of Council
should be thinking about who might be interested parties to serve on
such a Committee, as well as who the Councilmanic member would be. The
above resolution was then adopted by a vote of 5 "for-, with Councilman
Titus abstaining .
On motion of Councilman Wallace , seconded by Councilman Murray, the
following resolution was offered:
WHEREAS, the Laws and Administration Committee reviewed the
hiring practices of police personnel and found that no dis-
crimination existed therein, and
WHEREAS, it was found that four (4) applications from black
people had been received, two (2) of which applicants had
subsequently been hired by other agencies and two (2) who
were not qualified,
NOW, THEREFORE, BE IT RESOLVED, that the Committee approves
the hiring practices being used by the Town Manager.
Councilman Wallace, as spokesman for the Laws and Administration Com-
mittee ,
explained that the Chief of Police met with the Committee,
stating procedures followed and requirements for employment in the Po-
lice Department . There was a change made in age requirements at the
time Chief Kidwell was appointed Chief of Police . The Committee felt
that both the Chief and the Town Manager were seeking a qualified ap-
plicant who is black when there is a position open, therefore, he felt
the Committee is acting in good faith by recommending the resolution
above .
5
MINUTES OF FEBRUARY 28, 1973 MEETING .
Mr. Chauncey Smith, spokesman for the NAACP, asked for the names
of those on the Laws and Administration Committee. He also inquired
as to why this Committee had a "secret" meeting, inviting three black
people to said meeting who had nothing to do with bringing this mat-
ter to Council. He did not understand why no-one from the NAACP was
invited. Councilman Murray replied that this was a regular meeting
of the Laws and Administration Committee, which is an open meeting,
and members of the press were there. He also said he did not invite
anyone . Mr. Smith considered these three people to be "Yes" people,
described by him as being "black people that white people would
really like to have" and "They down their own race. Mr. Murray
said he has three colored people working for him that are the finest,
in fact, he would rank them as Nos . 3 , 5 and 6 of his employees . He
didn ' t hire them because or in spite of the fact that they are black.
However, the last three colored he had lasted about one week. He
said one of the colored applicants who was interviewed as a possible
policeman was probably at his suggestion, however, he understood that
Reggie Evans ' application was turned down because of an admission on
his part that he had at one time assaulted a police officer. He also
said if a colored applicant is qualified, he would be given the same
consideration as anyone else. Mr. Smith said the Town did not make
use of any qualifications until a black person applied.
Cr
CC Mr. Smith then returned to the
question of age requirements , stat-
ing that the Town Manager showed them qualifications which stated from
C 21 to 34 years of age when they met with him in September, yet, when
interviewed by the Metro-Virginia News , he said the age requirements
had been done away with in July . Mr. Ritter said Chief Kidwell sug-
gested that the age limit be taken out of the qualifications when he
took over as Acting Chief, however, this was not approved until after
the first of this year when Mr. Kidwell was made Chief and asked for
his approval to do this . Mr. Smith asked Mr. Follmer of the Metro-
Virginia News about this statement . Mr. Folmer said Mr. Ritter said
that, to the best of his recollection, the age limit was done away
with when Mr. Kidwell took over as Acting Chief. Mr. Smith believed
the black people should have been notified of this change so they could
have had applicants come in who were over 34.
Councilman Murray asked if the officer hired recently who is over
34 has had prior police experience . Chief Kidwell said he has been to
several police schools and was previously with the Sheriff 's Depart-
ment some years ago. Councilman Titus said there is more on the ap-
plication than age requirements and asked if all of these people quali-
fy otherwise . There was no answer to this question. Mr. Smith again
asked who invited the three men mentioned above to the meeting . Mr.
Wallace said Chief Kidwell did . Chief Kidwell said he talked to them
and they wanted to come to the meeting. Anyone else who wanted to
could have come to the meeting to show that they were- trying to get
a black man on the Police force . No-one has come up with anybody yet .
These three men said they wanted someone they could respect .
Mrs . Lou Etta Watkins brought out the fact that, since the age
limit had been removed, there would be no age limit at all , and asked
if they would hire somebody 75 or more - it would seem there should be
a cut-off age limit. She also said it seemed a coincidence that she
was singled out for a notice to be served on her last week with regard
to having an inoperative car on her property - this having occurred
since she came to Council at last meeting. She did say that she had
a car that needed some repair, however, she called attention to the
fact that there are other places where there are inoperative cars , cit-
' ing property behind hers , as well as near Johnson ' s Restaurant .
The resolution previously offered before all this discussion was
then unanimously adopted .
On motion of Councilman Murray, seconded by Councilman Ridder, the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the employment practices for the Town of Leesburg shall be
equal in opportunity and not discriminatory , and
BE IT FURTHER RESOLVED, that the qualifications for applicants-
for personnel to serve in the Leesburg Police Department shall
be established by the Town Manager and published accordingly.
6
MINUTES OF FEBRUARY 28 , 1973 MEETING.
Mayor Pro-Tem Orr said the Police Committee meets the Tuesday follow-
ing the Town Council meeting for anyone who wants to discuss this . He
hoped those in attendance tonight would tell those who might be inter-
ested in applying for a job as a Police Officer, so they could come
and put in applications . There will be openings in •the Department
again. Mr. Smith still was not satisfied with the Committee going on
record saying there was no discrimination. He said they were not
protesting the actual duties and work of the Department - he believed
Chief Kidwell was doing a good job - but, they were protesting the
discrimination policy they had in hiring officers .
Mr. John Fulbright said he has recently joined the local Chapter
here and that, on behalf of the •organization, he is somewhat disturbed III
that they might leave here tonight feeling that they are sort of adver2
saries to each other. He doesn t want to see this - he feels the orga-
nization should work with the community - when the citizens of Loudoun
County need their assistance, they are willing to pitch in. He asked
that their children have an opportunity to see all people working to-
gether. He did not want the Town to hire anyone that. is not qualified
to do the job - they want good quality people .
On motion of Councilman" Pumphrey, seconded by Councilman Titus , the
following resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
• that the Town Manager is hereby authorized to purchase a Wayne
Brush Chipper, at an approximate cost of $5 ,220 .00.
Mayor Pro-Tem Orr believed this should be referred back to the Utility
Committee . Councilman Wallace asked if this brush could not be dumped
on the Town ' s property at Watson, but Mr. Ritter said we would have to
excavate and cover it : He explained that, using a chipper, the County
would allow us to dump the residue at the Landfill, and it would mean
less loads to the Landfi 1 h 11,C, unc}}A��man Titus and Mayor P o-Ipem
Orr believed the Town i�S beings'di drriS/hAt' r gaa� ge.ts'CZSbnb41 Qn is .
Ridder asked if there were not other manufacturers besides Wayne .
Mr. Ritter said he preferred this one because it is recognized as be-
ing the best in the country, however, he said he would talk to some of '.
the Tree Care people and see what they advise . The above resolution was
then unanimously adopted, eliminating the word "Wayne . "
On motion of Councilman Pumphrey, seconded by Councilman Wallace , the
following Ordinance was unanimously adopted :
• BE IT ORDAINED by the Council for the Town of Leesburg , that
Chapter 13 , Motor Vehicles and -Traffic , of the Code of the Town
of Leesburg be and the -same is hereby amended as follows :
1. Article I . In General of the said Code is hereby amended
• by adding thereto and inserting new Sec . 13-A. before Sec .
13 -1. Definitions , as follows :
Sec . 13-A. Adoption of State Law by Reference .
All of the provisions and requirements of the state rela-
tive to the operation of motor vehicles contained in Chap-
ter 4 of Title 46 . 1 of the 1950 Code of Virginia , as amended,
presently in effect , to the extent that such provisions are
not included in this Code , or have been modified, or anaanged
byctbeilaws-ofJGhis state , except those-whi-eh by their very ' -
• nature can have no application within the Town of Leesburg ,
or which the violation thereof constitutes a felony , are
hereby adopted and made a part of this Chapt.er as fully; as
though set out herein, and are hereby made applicable within
the town . References therein to "highways of the state"
shall be deemed to refer to streets , highways and alleys
within the the town. It shall be unlawful for any person,
within the town, or its jurisdiction, to violate or fail, ne-
glect or refuse to comply with any section of the Code of Vir-
ginia which is adopted by this section.
Y. . 'Oat
MINUTES OF FEBRUARY 28, 1973 MEETING.
2 . Article 1'. In General of the said Code is hereby amended by
adding thereto and inserting new Sec . 13 -23-A, as follows :
' Sec . 13-23 -A. Removal of Disabled Vehicles .
• Whenever a motor vehicle , trailer or semi-trailer involved
in an accident is found upon the highways or streets within
the town and is so located as to impede the orderly flow of
traffic , the police may , at no cost to the owner or operator,
remove such motor vehicle , trailer or semi-trailer from the
highways or streets to some point in the vicinity where such
motor vehicle , trailer or semi-trailer will not impede the
flow of traffic .
• 3 . Article III , Division 3 , Sec . 13 -53 . 1. Chemical test to
determine alcohol content of blood be and the same is hereby
repealed.
4 . New Sec . 13-53 . 1 be and the same is hereby adopted, as fol-
lows :
CD Sec . 13-53 . 1 Use of chemical test to determine alcohol in
blood; procedure , qualifications and liability
of person withdrawing blood; costs ; evidence ;
suspension of license for refusal to submit to
0 test .
(a) As used in this section, "license" means any opera-
tor 's , chauffeur ' s or learner ' s permit or license authorizing
the operation of a motor vehicle upon the highway .
(b) Any person, whether licensed by Virginia or not, who
operates a motor vehicle upon a public street in this town on
and after enactment , shall be deemed thereby, as a condition
of such operation, to have consented to have a sample of his
blood or breath taken for a chemical test to determine the
alcoholic content thereof, if such person is arrested for a
violation of section 13-53 , within two hours of the alleged
offense . Any person so arrested shall elect to have either the
breath or blood sample taken, but not both. It shall not be
a matter of defense that either test is not available .
(c) If a person, after being arrested for a violation
of section 13 -53 , and after having been advised by the arrest-
ing officer that a person who operates a motor vehicle upon a
public street of this town shall be deemed thereby, as a con-
dition of such operation, to have consented to have a sample
of his blood taken for a chemical or breath test to determine
the alcoholic content thereof, and that the unreasonable refusal t<
to do so constitutes grounds for the revocation of the privi-
lege of operating a motor vehicle upon the highways of this .
state , then refuses to permit the taking of a sample of his
blood, or breath for such tests , the arresting officer shall
take the person arrested before an issuing justice and if he
does again so refuse, after having been further advised by
such magistrate of the law requiisg a blood or breath test to
be taken and the penalty for refusal, and so declares again
his refusal in writing upon a form provided by the chief medi-
cal examiner of Virginia (hereinafter referred to as chief
medical examiner) , or refuses to so declare in writing and
such fact is certified as prescribed in subsection (j ) of this
section, then no blood sample shall be taken, even though he
may request thereafter the same .
(d) Only a physician, registered professional nurse,
graduate laboratory technician or a technician or nurse desig-
nated by order of a court of record acting. upon the recom-
mendation of a licensed physician, using soap and water to
cleanse the part of the body from which the blood is taken
and using instruments sterilized by the accepted steam steri-
lizer or some other sterilizer which will not affect the ac-
curacy of the test, or using chemically clean sterile dispos-
able syringes , shall withdraw blood for the purpose of de-
7
MINUTES OF FEBRUARY 28 , 1973 MEETING.
termining the alcoholic content thereof. No civil liability
shall attach to any person authorized Co withdraw blood, as
provded herein, as a result of the act of withdrawing blood
from any person submitting thereto, provided the blood was
withdrawn according to recognized medical procedures ; pro-
vided, further, that the foregoing shall not relieve any such
person from liability for negligence in the withdrawing of any
blood sample .
(dl) Portions of the blood sample so withdrawn shall be
placed in each of two vials provided by the chief medical
examiner, which vials shall be sealed and labeled by the per-
son taking the sample or, at his direction, showing on each
the name of the accused, the name of the person taking the
blood sample, and the date and time the blood sample was taken.
The vials shall be placed in two containers provided by the
chief medical examiner, which containers shall be sealed so
as not to allow tampering with the contents . The arresting
or accompanying officer shall take possession of the two con-
tainers holding the vials as soon as the *vials are placed in
such containers and sealed, and shall transport or mail one
of the vials forthwith to the chief medical examiner. The
officer taking possession of the other container (herinafter
referred to as second container) shall, immediately after tak-
ing possession of such second container, give to the accused
a form provided by the chief medical examiner, which sets
forth the procedure to obtain 'an independent analysis of the
blood in the second container, and a list of those labora-
tories and their addresses approved by the state health com-
missioner. Such form shall contain a space for the accused
or his counsel to direct the officer possessing such second
container to forward that container to such approved labora-
tory for analysis , if desired. The officer having the second
container, after delivery of the form referred to in the pre-
ceding sentence (unless at that time directed by the accused
in writing on such form to forward the second container to
an approved laboratory of the accused ' s choice, in which e-
vent
the officer shall do so) , shall deliver the second con-
tainer to the chief of police of the town, and the chief of
police shall keep it in his possession for a period of seventy-
two hours , during which time the accused or his counsel may,
in writing , on the form provided hereinabove , direct the chief
of police having possession of the second container to mail
it to the laboratory of the accused 's choice chosen from the
approved list.
(d2) The testing of the contents of the second container
shall be made in the same manner as hereafter set forth con-
cerning the procedure to be followed by the chief medical ex-
aminer, and •all procedures established herein for transmittal,
testing and admission of the result in the trial of the case
shall be the same as for the sample sent to the chief medical
examiner.
(d3) A fee not to exceed fifteen dollars shall be al-
lowed the approved laboratory for making the analysis of the
second blood sample , which fee shall be paid out of the ap-
propriation for criminal charges . If the person whose blood
sample was withdrawn is subsequently convicted for violation
of section 13 -53 , the fee charged by the laboratory for test-
ing the blood sample shall be taxed as part of the costs of
the criminal case and shall be paid into the town treasury.
(d4) If the chief of police is not directed as herein
provided to mail the second container within seventy-two hours
after receiving such container, then he shall destroy the same .
(e) Upon receipt of the blood sample forwarded to his
office for analysis , the chief medical examiner shall cause
it to be examined for alcoholic content, and he or an assis-
tant chief medical examiner shall execute a certificate which
shall indicate the name of the accused, the date, time and by
9
MINUTES OF FEBRUARY 28 , 1973 MEETING.
whom the blood sample was received and examined; a statement
that the container seal has not been broken or otherwise tam-
pered with , a statement that the container was the one pro-
vided by the chief medical examiner and a statement of the
alcoholic content of the sample . The certificate attached to
the vial from which the blood sample examined was taken shall
be returned to the clerk of the court in which the charge will
be heard. The certificate attached to the container forwarded
on behalf of the accused shall also be returned to the clerk
of the police court , and such certificate shall be admissible
in evidence when attested by the pathologist or by the super-
visor of the laboratory approved by the state health commis-
sioner .
(f) When any blood sample taken in accordance with the
provisions of this section is forwarded for analysis to the
office of the chief medical examiner, a report of the results
of such analysis shall be made and filed in that office .
Upon proper identification of the vial into which the blood
sample was placed, the certificate as provided for in this
section shall , when duly attested by the chief medical exami-
Le; ner or any assistant chief medical examiner, be admissible
in any court , in any criminal proceeding , as evidence of the
facts therein stated and of the results of such analysis .
(g) Upon the request of the person whose blood or breath
sample was taken for a chemical test to determine the alco-
holic ca ��nt thereof, the results of such test or tests
shall be7available to them.
(h) A fee not exceeding five dollars shall be allowed
the person withdrawing a blood sample , in accordance with this
section, which fee shall be paid out of the appropriation for
criminal charges . If the person whose blood sample was with-
drawn is subsequently convicted for violation of section 13-
53 , the amount charged by the person withdrawing the sample
shall be taxed as part of the costs of the criminal case and
shall be paid into the town treasury .
(i) In any trial for a violation of section 13=53, this
section shall not otherwise limit the introduction of any rele-
vant evidence bearing upon any question at issue before the
court , and the court shall , regardless of the result of the
blood or breath test or tests , if any, consider such other
relevant evidence of the condition of the accused as shall.
be admissible in evidence . The failure of an accused to per-
mit a sample of his blood or breath to be withdrawn for a
chemical test to determine the alcoholic content thereof is
not evidence and shall not be subject to comment at the trial
of the case ; nor shall the fact that a blood or breath test
had been offered the accused be evidence or the subject of
comment .
(j) The form referred to in subsection (c) of this sec-
tion shall contain a brief statement of the law requiring the
taking of a blood or breath sample and the penalty for refusal,
a declaration of refusal and lines for the signature of the
person from whom the blood or breath sample is sought , the
date and the signature of a witness to the signing . If such
person refuses or fails to execute such declaration, the com-
mitting justice , clerk or assistant clerk shall certify such
fact , and that the committing justice , clerk or assistant
clerk advised the person arrested that such refusal or fail-
ure, if found to be unreasonable , constitutes grounds for
the revocation of such person 's license to drive. The commit-
ing or issuing justice , clerk or assistant clerk shall forth-
with issue a warrant charging the person refusing to take the
test to determine the alcoholic content of his blood with vio-
lation of this section . The warrant shall be executed in the
same manner as criminal warrants .
10
MINUTES OF FEBRUARY 28, 1973 MEETING.
(k) The executed declaration of refusal or the cer-
tificate of the committing justice, as the case may be,
shall be attached to the warrant and shall be forwarded
by the committing justice, clerk or assistant clerk to the
court in which the offense of driving under the influence
of intoxicants shall be tried.
(1) When the court receives the declaration of refusal
or certificate referred to in subsection (k') of this section,
together with the warrant charging the defendant with refus-
ing to submit to having a sample of his blood or breath taken
for the determination of the alcoholic content thereof, the
court shall fix a date for the trial of such warrant , at such
time as the court shall designate , but subsequent to the de-
fendant 's criminal trial for driving under the influence of
intoxicants .
(m) The declaration of refusal or certificate under sub-
section (k) of this section, as the case may be, shall be
prima facie evidence that the defendant refused to submit to
the taking of a sample of his blood or breath to determine
the alcoholic content thereof, as provided hereinabove. How-
ever, this shall not be deemed to prohibit the defendant from
introducing on his behalf evidence of the basis for his re-
fusal to submit to the taking of a sample of his blood or •
breath to determine the alcoholic content thereof. The court
shall determine the reasonableness of such refusal._
(n) If the court shall find the defendant guilty as
charged in the warrant , the court shall suspend the defend-
ant 's license for a period of ninety days for a first of-
fense and for six months for a second or subsequent offense
or refusal within one year of the first or other such refus-
als . The time shall be computed as follows : The date of the
first offense and the date of the second or subsequent offense,
(o) The court shall forward the defendant 's license to
the commissioner of the division of motor vehicles as in other
cases of similar nature for suspension of license unless, how-
ever, the defendant shall appeal his conviction, in which case
the court shall return the license to the defendant upon his
appeal being perfected.
(p) The procedure for appeal and trial shall be the same
as provided by law for misdemeanors .
(q) No person arrested for a violation of section 13-53
shall be required to execute in favor of any person or cor-
poration a waiver or release of liability in connection with
the withdrawal of blood and as a condition precedent to the
withdrawal of blood as provided for herein.
(r) The court or the jury trying the case shall deter-
mine the innocence or the guilt of the defendant from all the
evidence concerning his condition at the time of the alleged
offense .
(s) The steps herein set forth relating to the taking,
. handling, identification and disposition of blood or breath
samples are procedural in nature and not substantive . Sub-
stantial compliance therewith shall be deemed to be sufficient
Failure to comply with any one or more of such steps or por-
tions thereof, or a variance in the results of the two blood
tests , shall not of itself be grounds for finding the defendant
.not guilty, but shall go to the weight of the evidence and
shall be considered, as set forth above , with all the evidence
in the case ; provided, that the defendant shall have the right
to introduce evidence on his own behalf to show noncompliance
with the aforesaid procedure or any part thereof, and that,
as a result, his rights were prejudiced.
11
MINUTES OF FEBRUARY 28 , 1973 MEETING.
BE IT FURTHER ORDAINED, that the repeal of the specified section
shall not have any effect on existing litigation thereunder, or
operate as an abatement of any action or proceeding pending un-
der or by virtue of the ordinance so repealed .
A resolution adopted by the Northern Virginia Planning District Com-
mission with regard to a study to be done by said body on the feasibility
of a regional sewer plant or plants for the Leesburg area was discussed.
Town Attorney George Martin reported that former Police Officer Elder's
attorney has made a Petition for a Writ of Error from the Appellate Court
to the Supreme:- Court of Virginia . He will , therefore, have to defend
this suit in the Supreme Court .
Mr. Martin also reported that he had met with the Annexation Com-
mittee several times , said Committee being composed of Councilmen Pum-
phrey, Murray and Titus . On motion of Councilman Titus , seconded by
Councilman Pumphrey , the following resolution was unanimously adopted
by a roll call vote :
a WHEREAS , there has been filed in the Circuit Court of the County
Cr; of Loudoun, Virginia , the .petition of Charles B . McKimmey, et al,
CC ... , :representing more than fifty-one percent (517.) of the qualified
"D voters and freeholders in certain territory adjacent to the cor-
1 porate limits of the Town of Leesburg , in Loudoun County, Vir-
ginia ; said territory fronting on the East side of U. S . Route
No . 15 and adjoining Balls Bluff Road on the North, Leesburg
By-Pass on the East , Edwards Ferry Road and the Town of Lees-
burg line on the South, and following the Town line to the cor-
ner of W. L. Phillips and the Paxton Home , then along the line
of the Paxton Home and Whitmore & Littlejohn (now Lesluke) to
Route No. 15 ; which land is more particularly described by metes
and bounds in the said petition ; and
i
WHEREAS , said petition asks that the said territory be annexed
to the Town of Leesburg pursuant to Article 1, Chapter 25, Ti-
tle 15 . 1 of the Code of Virginia, 1950 as amended, and the said
Town has been named a necessary party to the proceedings ; and
WHEREAS , the owners of the land sought to be annexed have ten-
dered Stipulations to the Council to the effect that the owners
will be responsible for the installation of certain public fa-
cilities for the territory and certain public facilities outside
the Town where necessary and for performance or accomplishment
of certain other requirements ; and, therefore,
BE IT RESOLVED, that the Stipulations attached hereto be
and the same are hereby approved by the Council, and the Mayor
is directed to sign the same on behalf of the Town ; and
BE IT FURTHER RESOLVED, that the answer of the Town to the
petition shall contain a statement that, in light of the Stipu-
lations, the Council believes that the necessity for and expedi-
ency of the proposed annexation can be sustained and shall con-
tain a request that the zoning for the area annexed shall be
designated "R-1", One -Family Residence District, as defined in
the Zoning Ordinance for the Town, and the area zoned "C-1" , as
designated on the plat attached to the petition, shall be desig-
nated "B-2" , General Business , as defined in the said Zoning
111 Ordinance, and
BE IT FURTHER RESOLVED, that the Town looks with favor and
approves the annexation of the territory subject to the terms
set forth in the Stipulations ; and
BE IT FURTHER RESOLVED, that the Town of Leesburg .will fur-
nish the territory with a source of water and sewage disposal
as soon as practicable following annexation of the said terri-
tory , and
12
MINUTES OF FEBRUARY 28, 1973 MEETING.
BE IT FURTHER RESOLVED, that, if the territory is annem4 the
annexation be subject to and in accordance with the terms set
forth in the Stipulations .
STIPULATIONS OF OWNERS OF THE WHITMORE-
LITTLEJOHN (NOW LESLUKE) TRACT
Each and every owner of the said territory makes the follow-
ing stipulations concerning the territory sought to be annexed
to the Town of Leesburg , and which is vacant and undeveloped land
situated North and East of the present corporate limits of the
. Town of Leesburg and adjoins the corporate limits of the Town of
Leesburg-, Loudoun County , fronting on the East side of U. S.
Route No . 15 , and adjoining Balls Bluff Road on the North, Lees-
burg Line on the South, and following the Town line to the corner
of W . L. Phillips and the Paxton Home , then along the line of the
Paxton Home and Whitmore & Littlejohn (now Lesluke) to Route 15 ;
which land is more particularly described by metes and bounds :
(See copy of Stipulations on file in the Town Office .)
A. In consideration of the Town Council of Leesburg enact-
ing a resolution in which the said Town approves and looks with
favor upon the annexation petition of Charles B. McKimmey, et al,
heretofore filed in this matter, and as an inducement to the said
Town of Leesburg to approve said petition, each and every owner
of the territory sought to be annexed under the said petition
agrees , represents , stipulates and covenantstothe Town of Lees-
burg, contingent upon a final order of annexation of the said
territory to the Town of Leesburg , as follows :
1. To construct , at the cost of the owners, .all roads and
street improvements in the said territory, in accordance with the
Town 's Comprehensive Plan .
2 . To construct , at the cost of the owners , all on-site
water mains , on-site storm drains , on-site sanitary sewers and
on-site culverts in the said territory , in accordance with
all Town policies and ordinances and in accordance with the
Town 's Comprehensive Plan and engineering studies of the Town
or the Town 's consultants . On-site facilities shall include all
pipe facilities and appurtenances , except yard or house lines
which run to and from the individual residences . The said yard
or house lines will be provided by the developer of the said resi-
dence .
3 . To construct, at the cost of the owner, all water mains,
storm drains and sanitary sewers and their respective appurtenances
which are required in order to connect the above-mentioned on-
site water mains , on-site storm drains and on-site sanitary sew-
ers located in the said territory with appropriate sewage, water
and drainage facilities of the Town of Leesburg . Said appropri-
ate Town facilities will be determined in accordance with the poli-
cies , ordinances , comprehensive plan and engineering studies of
the Town or the Town 's consultants .
It is also agreed by the said Town and the said owners
that, if the said Town wants the on-site facilities mentioned in
stipulation No . 2 and/or the connection facilities mentioned in
stipulation No. 3 to be larger than is necessary to service the
said:.' territory alone , then the Town will bear any cost in ex-
cess of the amount it would cost to furnish these facilities for
the service of the said territory alone , in accordance with the
above-mentioned policies and ordinances .
4 . To obtain all easements , at the cost of the owners , which
are necessary to comply with the covenant set forth in stipulation
No. 3 in the paragraph immediately preceding . In connection with
this agreement by the owners to obtain all necessary easements,
the Town of Leesburg hereby agrees , represents , stipulates and
covenants to furnish reasonable cooperation to the owners . The
amount of said cooperation shall include , but not necessarily be
limited to, the Town using its power of eminent domain to acquire
the said easements . It is agreed that all costs arising from
said cooperation of the Town shall be borne by the owners .
13
MINUTES OF FEBRUARY 28 , 1973 MEETING.
It is agreed that the said owners will deliver to the
said Town , immediately following a final order of annexation,.
a declaration of restrictive covenant embodying the stipulations
contained herein . Said declaration shall be of a nature capable
of running with the land, shall be executed by the said owners ,
shall provide that the said Town is the only beneficiary thereof
and shall be capable of being recorded by the Town.
It is specifically -intended that the only beneficiary of
• this agreement , representation, stipulation and covenant are the
111 owners of the territory and the Town of Leesburg , and it is " fur-
ther intended that this agreement shall be enforceable only by
said owners and the Town .
It is intended that this agreement, representation, stipu-
lation and covenant be recorded by the Town, if it so desires , at
any time following a final order of annexation ; that the terms
herein shall follow the land comprising the said territory; that
the said terms shall be binding on and enforceable against the
heirs , assigns , purchasers , executors , administrators and any
other transferee of the said owners ; and that the said terms may
Cr)CC be enforced by the said Town, only as to any area of the said
territory already under development, at any time following the
CC
'-z final order of annexation of the said territory to the said Town .
w^.
CC The obligation of the owners set forth herein to construct
certain public facilities shall cease as to the area served by
any facility upon the acceptance of that facility into public con-
trol : It is agreed by the Town that, upon the acceptance of any
of said facilities into public control, the total obligation of
the owners as to that facility shall cease as to the area served
by that facility, and it is further agreed by the Town that, upon
said acceptance , the Town will execute a recordable release of
said obligations as to the area served by the accepted facility
to the owners of the said territory.
• It is agreed and intended by the Town of Leesburg and the
said owners that this document shall not be enforceable nor re-
corded prior to the entry of a final order of annexation. Said
"Final order of annexation" shall mean an order which has pro-
• gressed to such a point that no appeal may be taken.
•
It is further agreed and intended that , if this document
is executed prior to the entry of a final order of annexation,
then the executed document shall be held in escrow by The North
American Bank and Trust Company, a non-participant in these pro-
ceedings , as escrow agent . Said escrow agent shall safely keep
the executed documents until the annexation proceedings arising
out of the annexation petition referred to herein are completely
terminated and, immediately thereafter, the said escrow agent
shall ascertain whether the annexation petition was denied or
whether a final order of annexation was entered . If the peti-
tion was denied, the said escrow agent shall deliver all exe-
cuted copies of this document to Mrs . Helmi Carr, or, •if she is
unavailable , to any other one of the said owners . If, however,
a final order of annexation was entered, then the said escrow
agent shall deliver one executed copy of this document to Mrs .
Helmi Carr, or, if she is unavailable , to any other one of the
said owners , and the remaining executed copies of this document
Ito the Mayor of the Town of Leesburg . Upon appropriate .:delivery
of these documents , the responsibilities of the said escrow agent
set forth herein shall cease .
It is agreed and intended that this document be filed with
,the other papers in this matter in the Circuit Court of Loudoun
County, and it is further agreed and intended that the Stipulations
contained herein be made a part of any final annexation order aris-
ing out of this matter .
14
MINUTES OF FEBRUARY 28, 1973 MEETING.
Mr. Richard Wright introduced to Council Mr . Jim Matthews , , who
will be the overall Director for the Quality Inn-Leesburg , as well: as
for the one located in Norfolk . He said they propose to go to the County
Board of Zoning Appeals and ask for a variance to erect a 10-foot dia-
meter Quality Inn sign, which is larger than that allowed by the County
sign ordinance. He exhibited pictures of the proposed Quality Inn-
Leesburg and their Lake Wright development to show how the sign would
appear in relation to the buildings . He said identification is one of
the prime factors in this industry . This information is strictly for
the Town because of the close proximity of the motel and restaurant .
It is expected that they will open sometime between the 1st and the
15th of May . Also , the swimming pool for the Club is to be started
either this coming Friday or the following Monday . On motion of CounIll
-
cilman Murray , seconded by Councilman Pumphrey, the following resolu-
tion was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the application of the Quality Inn-Leesburg for a zoning vari-
amain the size of the proposed sign to be erected at the site
of the new Quality Inn-Leesburg meets with the approval of the
Council of the Town of Leesburg, and that a copy of this reso-
lution be transmitted to the Loudoun County Zoning Administrator
for transmission to the Board of Zoning appeals .
Mr. Forbes explained the Town ' s sign ordinance. Councilman Ridder did
not feel it is the Town 's business to endorse something that it would
not allow in Town - he said perhaps it is time for the Town to revise
its Ordinance . The above resolution was then adopted by a vote of ,4
to 2 , with Councilmen Ridder and Titus voting against it ..
On motion of Councilman Wallace, seconded by Councilman Murray , the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that
the Finance Committee be and is hereby authorized to solicit
bids for investing $ 150,000 of Water/Sewer Availability Funds +
for a period of one year, said funds to be secured by adequate
collateral by the bidder. '
Motion was made to adjourn at 9 : 22 P.M. , however, this motion was
withdrawn in order to consider the matter of the proposal from Mr. Ros-
ser H. Payne to accelerate the Comprehensive Plan program at a cost
of $3,750 .00. On motion of Councilman Murray, seconded by Councilman
Pumphrey, it was moved that Mr. Payne be advised that his original con-
tract time schedule and fee shall apply . However, after some discus-
sion, this motion was withdrawn and it was decided that the Town Manager
would handle this matter with Mr. Payne .
On motion, duly seconded, the meeting was adjourned at 9:30 P.M.
, '
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tr
Mayor Pro-em
d/�1
Clerk of t (e Council
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