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