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HomeMy Public PortalAbout1973_10_10 157 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 10, 1973 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on October 10 , 1973 at 7 :30 P.M. The meeting was called to order by the Mayor, with the prayer being offered by Councilman Ridder. Present were the following : Mayor G. Dewey Hill, Councilmen Walter F. Murray, -John W. Pumphrey, Herbert L. Ridder and C. Terry Titus ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting were Councilmen Robert A. Orr and John A . Wallace , Jr. 111 The minutes of the regular meeting of September 26, 1973 were approved as written. Town Manager Ritter reported as follows : - (1) Mr. Williams called yesterday and reported that field engi- neering on the Carr water tank site has been completed. They are still plotting in the office and design of the tank should be com- pleted in about ten days . They may use a hydropillar design if the height is suitable . The printers are still holding up the printing of the Water Study . cp (2) There will be a field inspection tomorrow at 10 :00 A.M. at the local Highway Department Residency on the Route 15 Urban project, C and a Public Hearing tomorrow night at 7 :30 P.M. in the Council Room on the Route 7 Urban Project . (3) A letter has been received from the Highway Department au- thorizing one of the projects that we had requested under the TOPICS program. We had listed four projects : A letter from C. L. Dunn of the Highway Department dated October 4th stated they had recommended the project at the intersection of Market Street, Loudoun Street and Morven Park Road. He stated that surveys for this project have been authorized and should get underway shortly. Preliminary engineering, right-of-way and construction is to be financed on the customary 85% State and 15% Town basis . (4) The Street Committee , at its last meeting, discussed brick sidewalks and would like the entire Council to discuss this matter. (5) Ken Bedford successfully passed his examination for Class 1 Wastewater Operator. He took the examination two weeks ago after one week of schooling at V.M. I . (6) Police Officer Ronald Sullins began a ten-week course on October 2nd in Washington on Drug Abuse and its effects . (7) Officers Douglas Hickman and Reginald Evans recently com- pleted a five-day workshop on Police-Juvenile relations at the Nor- thern Virginia Police Academy . They have received certificates in recognition of their attendance and participation in the course . (8) Also , Officer Van Woody has received a certificate on a twenty-four hour seminar on "The Emerging Role of the Professional Police Officer. " (9) Officer Reginald Evans will begin a five-week course in Po- lice Training School in Richmond on November 2nd. - 111 (10) Stephen Aumiller, an operator at the Sewer Plant, will at- tend Fairfax Community College near Winchester from next Monday through Friday to take part in a training course. If approved, he will take his Class 2 examination in December. We are also trying to get John Wells in the school at Annandale next March for training . (11) Council should take some action on official acceptance of Phase 2 of the Airport Master Plan. Mr. Lowry has been appointed Chairman of the A rport Advi'sory. Committee . 158 MINUTES OF OCTOBER 10 , 1973 MEETING. (12) He received word in the mail today from the Highway De- partment that they have awarded the By-Pass contract to English Con- struction Company at $5 ,345 ,265 .00 . He has a copy of theaward and breakdown of quantities . (13) The last three items to be appropriated under Item 2 on the Agenda are reimbursable from the Highway Department . (14) •Items 3 and 4 on the Agenda were put on by the Town At- torney . We failed to include these in our Amendments to the Code . (15) The purpose of Item 5 is to place the Special Police Offi- cers on the payroll so that they can be included under the Liability Provisions (Umbrella) in our new insurance policy. (16) Attached to the Agenda is a letter he wrote to the owners of Leesburg Manor Apartments , on which he needs some guidance . (17) He talked with Colonel Valentine about the Hospital paying for curb and gutter on the north side of Gibson Street . He said the Building Committee and the Board have considered this , but they feel they do not have the money at this time . ' (18) At the last Street Committee meeting, they discussed with Logan Jennings of Jeffrey _Sneider Co. the Agreement the Town had with Crickenberger and Wright , and which Sneider inherited when he bought the land . The Agreement calls for the building by the developer of a 275 ,000 gallon water tank by October 22nd . Obviously , this cannot be done by that date. It was decided that a new Agreement should be drawn by Jeffrey Sneider and presented to the Town Attorney for re- view. - (19) We received our fifth Revenue Sharing check Monday for the quarter ending September 30th, in the amount of $14,617 . Our annual allotment this year is less than last year - $58,478.00 this fiscal year compared to $82, 955 .00 for the calendar year 1972 . (20) With reference to the sound equipment that we have just placed in the Council Room, we find that we should have a Sony 106-A play-back machine to keep in the Town Office . We would then have to take only the reels to the Town Offices for typing of the minutes . The cost of this unit would be $189. 95 . This will be discussed at the Finance Committee meeting next week. If •we do not have this ma- chine , it would mean we would have to .carry the whole unit back and forth. (21) The annual audit report is ready , but has to be bound. Upon receipt of their letter, copy of which is attached to the Agenda, they will let us have the audit . (22) Clean-Up Weeks are this week and next, at which time the Town trucks will pick up anything citizens desire to get rid of. Councilman Titus said he had received several complaints about the painting of the lines on the streets on Sunday . He personally found this very distasteful and thought it truly unnecessary. He hoped it would not happen again in the future. He said he understood Mr. Ritter was out of Town on Sunday . Mr. Titus also asked Mr. Ritter to call VEPCO about the lighting on Loudoun Street . Councilman Murray expressed concern over the publicity being given to the proposed sewage treatment plant at Dickerson, Maryland. He heard on the radio the other morning that the State of Maryland was going to cut Virginia off from taking water from the Potomac . Mayor Hill said the letter was written to Mr. Colony, of the U. S. Environmental Protection Agency, and was not intended to cause any hard feelings , but was merely for the purpose of putting the Town on record as intending to build its water facility. He said he had received a call from Mr. Jensen of the Water Control Board concerning 9 MINUTES OF OCTOBER 10, 1973 MEETING . the letter. ' He told him he was sure the letter had been misinterpreted and that there was no intention of trying to tell Maryland where to build its treatment plant . Mr. Jensen was satisfied and Mayor Hill assured him that the Town of Leesburg did not want to create any feud or confusion between the two States . He said he would be more than happy to go to Maryland and talk with Governor Mandel if the Council thought it would serve any purpose . Mayor Hill stated • that he had received a letter from Mr. Colony, to whom his letter was addressed, and he did not seem upset , but was very appreciative . After lengthy discussion, it was suggested that Johnson and Williams be contacted to see how they would handle the matter. Mr. Ritter said he had talked to Mr. Williams concerning the matter and had asked him what he thought we should do. He suggested we do nothing for the time being . • Mayor Hill presented a -Memorandum from the Northern Virginia Plan- ning District Commission, dated October 4th, relative to Phase I of Report on Study Area I, which is to be presented October 30th or 31st . He said he would participate in this meeting, at which time the Advisory Committee will attempt to arrive at a recommendation to p be made to the Commission on the alternatives to be selected for Phase II. He urged that anyone who could should make an effort to attend this meeting as soon as a definite date has been set . Mayor Hill reported from the same Memorandum that, on November 8th, there will be a special meeting of the Northern Virginia Planning District Q Commission at its office in Falls Church . He urged members to again keep that date open and attend this meeting if at all possible . He said that Mr. Forbes , Mr. Ritter and he had attended some of these meetings and, in his opinion, they were quite interesting and worth- while. Mayor Hill presented a letter from Mr. James H. Pickford, of the Northern Virginia Planning District Commission, asking that some- one be appointed to fill the vacancy left by the resignation of Mr. Herbert Ridder on the Northern Virginia Planning District Commis- sion 's Natural and Environmental Resources Advisory Council. After some discussion, Mayor Hill appointed Edwin K. Cross as Leesburg 's representative to this committee and asked Mr. Ritter to so advise Mr. Cross and the Northern Virginia Planning District Commission. On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : WHEREAS, Governor Holton has declared October 15 as "White Cane Day" in the State of Virginia in commemoration of the blind, and WHEREAS , the use of white canes by the blind enables them to walk about the streets and cross intersections with some degree of safety , NOW, THEREFORE, BE IT RESOLVED, that the Mayor declare Oc- tober 15 as "White Cane Day , " and BE IT FURTHER RESOLVED, that this resolution be made avail- able to the news media and be given to the radio station. " On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : RESOLVED, that the following appropriations be made to Dew- berry , Nealon and Davis : $1,267 . 50 - Road Design - Urban Project, Route 7 . 1971 Bond Issue . 67 .50 - Road Design - Urban Project, Route 7 . 1971 Bond Issue . 646 . 15 - Route 7 , Urban Project-Drainage Study . 1971 Bond Issue . 160 MINUTES OF OCTOBER 10 , 1973 MEETING. $ 391 .00 - Relocation of Dry Mill Sanitary Sewer. 1971 Bond Issue . 325 .00 - Relocation of Children 's Center Sanitary Sewer. 1971 Bond Issue . 620.00 - Myers Well Rehabilitation. 1971 Bond Issue . Mr. Ritter again pointed out that the last three items were reimburs- able from the 'State Highway Department . On motion of Councilman Titus , seconded by Councilman Ridder, the following amendment to the Town Code was offered : BE IT ORDAINED, that Sec . 13-53 . 1 of the Town Code be amended to include Subsection (rl) of Sec . 18 . 1-55 . 1 of the 1950 Code of Virginia , as amended, to cover the breatholator test, as follows : (r1) Chemical analysis of a person 's breath, to be, considered valid under the provisions of this section, shall be performed by an individual possessing a valid license to conduct such tests , with a type of equipment and in accordance with the methods approved by the State Health Commissioner. Such breath- testing equipment shall be tested for its accuracy by the State Health Commissioner 's office at least once every six months. The State Health Commissioner is directed to establish a train- ing program for all individuals who are to administer the breath tests , of at least forty hours of instruction in the operation of the breath test equipment and the administration of such tests . Upon the successful completion of the training program the Commissioner may issue a license to the individual operator indicating that he has completed the course and is authorized to conduct a breath test ,analysis . Any individual conducting a breath test under the provisions of this section and as authorized by the State Health Commis- sioner shall issue a certificate which will indicate that the test was conducted in accordance with the manufacturer 's speci- fications , the equipment on which the breath test was conducted has been tested within the past six months , the name of the ac- cused, the date , the time the sample was taken from the accused, the alcoholic content of the sample, and by whom the sample was examined. The certificate , as provided for in this section, when duly attested by the authorized individual conducting the breath test, shall be admissible in any court in anycriminal proceeding as evidence of the alcoholic content of the blood of the accused. In no case may the officer making the arrest, or anyone participating in the arrest of the accused, make the breath test or analyze the results thereof. There followed lengthy discussion between Town Attorney George Martin, Chief of Police Kidwell and members of the Council concerning the breatholator test , the equipment used, the location of the equip- ment and those qualified to administer the test . Mr. Martin did not think the Town Office was the proper location for the equipment due to the liability which it placed upon the Town Office by having of- fenders outside of the Town using the premises at all hours . He felt the Jail or the Hospital would be the logical location for the equip- ment. Chief Kidwell explained that the State Troopers (one on each shift) were qualified to operate the equipment , where his men were not . He felt it served the Town a purpose in that he did not have to send his men to school to learn how to operate the equipment , and he felt the State was doing the Town a favor in this way. Mr. Martin was primarily concerned because of the liability placed on the Town and Chief Kidwell assured him that each person brought into the office was in the custody of a State Trooper and the State , therefore, was regonsible for any damage . The above ordinance was then unanimously adopted. 16 if MINUTES OF OCTOBER 10, 1973 MEETING. On motion of Councilman Pumphrey, seconded by Councilman Titus, the following amendment to the Town Code was unanimously adopted : BE IT ORDAINED, that Sec . 13 -53 .3 be and the same is hereby amended to insert after "the accused 's blood" the following : "or breath to determine the alcoholic content of his blood. " On motion of Councilman Ridder, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : RESOLVED, that the eight (8) Special Police officers, work- ing under the direction of the Chief of Police; be placed on the Town payroll, at a salary of $6:00 per quarter, payable quarterly, and BE IT FURTHER RESOLVED, that these men be included in the Town 's Liability Policy (Umbrella) recently adopted by the Town of Leesburg . It was explained that these "specials" would be placed on the policy Cr)CD as a group, not by individual name . cD Town Manager Ritter opened bids at this time on the investment of $140,278 in Revenue Sharing money and 1972 Bond Issue money, the C bids being as follows : First & Merchants National Bank - 9. 10% First Virginia -First National - 9% Peoples National Bank - 9.25% North American Bank & Trust - 9.40% On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously .adopted : RESOLVED, that North American Bank and Trust berawaided the investment of $140,278.00, including accrued interest, for a period of ninety days , at an interest rate of 9.40%, consist- ing of the following: (a) $40 ,278 .00 in Revenue Sharing money, now invested with North American Bank & Trust, due October 9, 1973 . (b) $100,000 in 1972 Bond Issue money, now invested with . First & Merchants National Bank, due October 10, 1973 . On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was offered: RESOLVED, that the Town Manager be authorized to advertise for an Administrative Assistant to the Town Manager - Salary open. There followed discussion as . to just what the duties of an Adminis- trative Assistant would be , what qualifications to look for, how to advertise the position, etc . Mayor Hill asked Mr. Ritter if he would object to a committee consisting of him and a couple of other members of Council to assist him in the selection to be brought before Coun- cil . Mr. Ritter assured him that he would have no objection and Ma oat / 4i11 apppointed Councilman Wallace and Councilman Titus to work witH hhaglh �bmmittee to set up criteria for possible classifications to decide what type of man they are looking for. They also wondered if perhaps another title other than Administrative Assistant would be appropriate ; also, perhaps there is a need for a man somewhere else in the organization. Mayor Hill suggested that they approach this angle and , if a change is necessary, it will be made at that time . The above resolution was then unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was unanimously adopted : RESOLVED, that Dewberry, Nealon and Davis be authorized to design a semi-actuated traffic facility at the intersection of Rt. 7 and Fort Evans Road, in accordance with their pro- posal of September 26 , 1973, at a fee of $1,200. 162 MINUTES OFOCTOBER10, 1973 MEETING. On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : RESOLVED, that the Mayor•be authorized to sign the following resolution requesting the State Highway Department to acquire the necessary rights-of-way on the Route 15 Urban Project, and to convey the title to such right-of-way to the Town of Leesburg : WHEREAS, Section 33 . 1-89 of the Code of Virginia, as amended by the 1970 session of the General Assembly, authorizes the State Highway Commissioner to acquire rights of way for the construction, reconstruction, alteration, maintenance and repair of public highways within municipalities on projects which are constructed with State or Federal participation ; and WHEREAS, Section 33 . 1-89, as amended, further provides that the State Highway Commissioner may exercise such authority only upon receipt of official request from the city or town involved, now THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Leesburg hereby requests the State Highway Commissioner to acquire the necessary rights of way for Project 0015-053- 101, RW-201 within the Corporate Limits of said Town and to convey the title to such right of way to the Town of Lees- burg upon completion- of the project. The Town of Leesburg agrees to reimburse the State Highway Department for fifteen percent (15%) of all costs incurred in the acquisition and conveyance of such rights of way and it is understood that such acquisitions will be handled by the Commissioner under established policies and procedures and his decision in all instances shall be final. On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was unanimously adopted : RESOLVED, that the Mayor be designated to represent the Town of Leesburg at the Public Hearing to be held on October 11th on the Rt . 7 Urban Project, and to give a statement in favor of the Project . Mr. Ritter explained that Mr. Dunn of the Highway Department had re- quested this, and -Mayor Hill agreed to attend and asked members of the Council if they had any points which thej thought he should make . A letter from the Town Manager to Community House and Research Corporation relative to availability charges due the Town of Lees- burg on Leesburg Manor Apartments was discussed at length. Mr. Ritter stated that he had received a telephone call from Mr . Weitz, Presi- dent, who stated they did not owe the amount claimed. Mr. Martin said Mr. Sam Engle is representing Mr. Weitz and he feels they are awaiting the outcome of the Shor case . Mr. Titus expressed the hope that either Mr. Weitz or his attorney would tender a letter to the Town . Mr. Ritter pointed out that this question has arisen from the fact that the Health Department will not issue occupancy permits for apartments completed in Leesburg Manor without approval from the Town Manager. It was felt the Town should have nothing to do with the issuance of an occupancy permit , however, Mr. Ritter ex- plained that this has to do with the availability of sewer by the Town. Mr. Martin believed we should have some communication from the Health Department regarding occupancy permits . It was decided to hold this over, , pending further communication from either Mr. Weitz or his attorney . • On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was submitted for Council ' s consideration : RESOLVED, that the Town Manager be, and he is hereby author- ized and directed to have published in the Metro-Virginia News on October 21st and 28th, 1973 the following : 163 MINUTES OF OCTOBER 10, 1973 MEETING . PUBLIC NOTICE Notice is hereby given that a Public Hearing will be held by the Leesburg Town Council on November 14, 1973 at 7 :30 P.M. , in the Council Chambers , 10 West Loudoun Street, Lees- burg , Virginia , to consider proposed amendments to the Lees- burg Zoning Ordinance. Said proposed amendments are to delete Section 9-2-1 ; to add a new Article entitled "Site Plans" ; and to add, de- lete and change certain definitions in Article 15 of the Leesburg Zoning Ordinance, all of which proposed amend- ments may be viewed in the Planning and Zoning Office, 15 West Market Street , between the hours of 9:00 A.M. and 5 :00 P.M. , Mondays through Fridays . At this hearing all persons desiring to express their views pertinent to said proposed amendments will be heard. G. DEWEY HILL, Mayor Town of Leesburg CnCO a-D Councilman Titus explained some of the changes in the Site Plan Ordi- nance . Town Attorney Martin questioned whether this has "been before Committee, suggesting that this be done before a Public Hearing is held. On motion of Councilman Murray, seconded by Councilman Ridder, Council voted 4 to 1, with Councilman Titus casting the dissenting vote, to table the above resolution until such time as the Ordinance can be reviewe ,L€oip}}tte determined by the Mayor. Mayor Hill EXVQ m then referred Da * Eo tAB 'SE avn 8nmittee and asked Mr. Martin to work with them on it . A letter from Yount, Hyde and Company , Certified Public Account- ants , dated October 4 , 1973, was discussed at this time. Motion was made and seconded that the Town Manager be authorized. to sign this letter, however, after further discussion, this motion was withdrawn and it was decided to hold it over until all members have had occasion to discuss same . On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was unanimously adopted: RESOLVED, that the Town Manager be authorized to purchase six (6) Twin Parking Meters for Municipal Parking Lot at an approximate cost of $825 .00 . There was some discussion concerning paving this area , however, Mr. Ritter explained that this would precipitate a drainage problem. Mr. Ritter presented a letter from Rosser H. Payne , Jr. , A.I. P. , asking the Council 's permission to testify in the Carr Annexation proceeding scheduled for October 22 , 1973 . An attached letter from Mrs . Carr s attorney was discussed in light of Mr. Payne 's request and, on motion of Councilman Murray, seconded by Councilman Ridder, the following resolution was adopted by a roll call vote of 4 to 1, with Councilman Titus casting the dissenting vote : RESOLVED, that the Town address a letter to Mr . Rosser Payne, Jr., stating that the Town has no objection to his ap- pearance as a professional. witness in the annexation case scheduled to be heard October 22nd. It is to be understood, however, that any testimony given does not necessarily re- flect the official position of the Town unless it has been previously cleared by the Town or the Town 's attorney. Mayor Hill asked for discussion concerning the "House of Blood, " about which he has been receiving calls and complaints , although he does not know much about it . He said he had invited all those who had contacted him to appear at the meeting tonight, however, no-one is here. Mr. Ritter explained that the owners have secured an amuse- ment license to operate and, as far as he can tell , they are operating within the full scope of the Town Code . Mr. Ritter said the trailer 164 MINUTES OF OCTOBER 10 , 1973 MEETING. has not been removed as far as he knows , they expect to use it for storage - not for living purposes . Parking problems were discussed as well, and Mr. Ritter said the Police will have to watch this very closely - none are provided on the premises . Mayor Hill asked if the Town has authority to shut them down if we receive complaints from the residents in the area . Mr. Ritter said that he would assume so under the "Nuisance" ordinance . He personally was against it, but said this had nothing to do with the legal aspects . Chief Kidwell said he had been through the establishment and he believed it worth- while and interesting , particularly in view of the fact that it is at Halloween time . He believed it to be good entertainment for young people from the age of about 12 and up. Councilman Murray discussed the repairing of sidewalks in Town and the fact that residents had been upset because they were taking up the old brick sidewalks -and replacing them with cement where a need for a new walk exists . His suggestn3as that, if a resident wants it replaced with brick, he should bear the expense above what a cement walk would cost the Town. Mr. Ritter reminded that the Town went on record to this effect sometime ago. Councilman Ridder felt this might result in the sidewalks having a patchwork pattern. Both he and Councilman Pumphrey felt that perhaps the downtown historical area of the Town could be done in brick to avoid this patchwork de- sign. Mr. John Alderman , a spectator, expressed his desire to see the Town keep the stone curbs and brick sidewalks in the old part of Town - he felt that he spoke for a lot of people . Mr. Robin Lind, of the Metro-Virginia News , asked Council if the sidewalk in front of his house on Loudoun Street between Wirt and Liberty Streets now being replaced might be delayed and replaced with brick, rather than cement. It was the consensus of Council that this project was too far advanced for any change . Also discussed was the cost of brick compared to the cost of cement. It was pointed out that brick will last longer. After further discussion, Mayor Hill referred this matter to the Street Committee and asked that it present some rec- ommendations . Town Attorney Martin reported on the Parker case and stated that Judge Penn was requiring them to present evidence to show whether or not the cars in question were "incapable of being operated. " The mat- ter was discussed at length and it was thought by the Town Attorney that it is necessary to amend the Town Ordinance to cover this ques- tion. Mayor Hill' instructed Mr. Martin to take care of this amend- ment. Also the question of an "automobile graveyard, " as defined by our Code, was discussed. Since Mr. Parker is a used car dealer, he would say these cars are for sale . It was the general consensus of Council that this suit be dismissed against Mr . Parker at this time . Town Attorney Martin reported, with reference to Potter 's Field, that he had met with Judge Snead on October 3rd since the Highway Department has sold to Clarence Jewell, and the Town will now have to bring Mr. Jewell into this suit. There being no further business , on motion of Councilman Murray, seconded by Councilman Pumphrey, the meeting was adjourned at 10 :20 P.M. t 01 o Cler• of the Council Pro-Tem