HomeMy Public PortalAbout1974_04_24 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 24, 1974 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia , on
April 24; 1974 at 7 :30 P.M. The meeting was called to order by the
Mayor, with Reverend Edgar J. Burkholder offering the prayer, follow-
ed by the Salute to the Flag. Present were : Mayor G. Dewey Hill,
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. , Deputy Town Manager E . Wesley Devero and Town
Attorney George M. Martin.
The minutes of the regular meeting of April 10, 1974 were
approved as read.
Town Manager Ritter reported as follows :
(1) Attached to the Addition to the Agenda is a list of prices
received from Southern Line Cleaning for T .V . Inspection and Sealing .
The Council authorized getting prices at the last meeting and I
Cfl recommend that we authorize Southern Line Cleaning to proceed immedi-
ately . The price is reasonable - 6,200 feet at $14,448.00. This does
not include the 33" out-fall line going to the sewer plant and also
the ChildrensCenter line which we are getting a price on.
(2) Also attached is estimated cost to Town of the Route 7 -
Catoctin Circle Urban Project and the Route 15 Urban Project, shown at
$87 ,000 .00 and $110,000 .00 respectively.
(3) Weeds seem to be quite a problem for the moment and we are
getting complaints on vacant lots in several places in Town. We
have notified the property owners of three places : (1) between
Madison Court and Virginia Village, (2) north side of Edwards Ferry
' Road, on the west of Freddy Mang, and (3) lot next to Roy Flippo on
Edwards Ferry Road. We have told Town employees , the police, Juan
and Dan to give us a list of any other places that need cleaning up
so that we can advise the property owners .
(4) The reason for #3 on the Agenda is because we have received
complaints from local blind people who, I understand, have almost
gotten hit by cars and we want to give this section of the Code some
publicity on the radio and in the press to let people know that we
do have blind people here with white canes and to watch out for them.
(5) Item #5 , we received approval of a DJCP Grant in August
of 1972 for a total program of $5 ,605 .00 to purchase police communi-
cations equipment . The equipment actually cost $3,297 . 94 , and we
received a check on February 12, 1973 in the amount of $4, 204.00 .
The NVPDC people now tell us that we have to spend the balance of
the Federal Grant which amounts to $906 .06 , plus the Town 's match
in the amount of $1,401 .00, or a total of $2, 307 .06 . Further, we
have to commit this money to be under contract by June 30th and all
money has to be spent by September 30 , 1974. This money can only
be spent on Police communication equipment and we have made up a
list of equipment that would qualify - like bar light and speaker,
scanners, radio; vehicular charger, Federal siren and portable mega-
phone .
(6) On Item #9, the purpose of this screen is to remove trash
from the sludge at the sewer plant prior to thickening . The $500.00
appropriation is for a study by Johnson and -Williams to see if they
think it will work . The equipment and labor will cost $3,000 .00,
more or less .
(7) On the Addition to the Agenda, Item #1 takes the place of
Item #2 on the main Agenda .
(8) Item #2 on the Addition, we have a signed agreement with
three of the property owners where we want to put in this sidewalk
The fourth property owner, Mr. Jeffries is in Japan , but I understand
that he is in agreement . We estimate the Town 's cost of this job at
$5,837 .00 .
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MINUTES OF APRIL 24, 1974 MEETING.
Councilman Titus stated that he had gotten a call on the vacant
lot in Madison Court and hoped that the matter could be taken care of.
He stated further that he was going to ask the Finance Committee to
consider the matter of printing the Comprehensive Plan, how it should
be done , etc . , and wondered if it would not be best to have it done
through Mr. Payne . He said the matter of the Capital.,Improvement Program
would be brought before the Planning Commission at its next meeting
and asked the Council members to offer any suggestions they might have.
He also stated that he had noticed in Municipal League information
that he had received that the advertisement of zoning amendments and
zoning criteria was going to change, or had changed, and he asked Mr.
Forbes if he would look into this and let them know so they could get
the proper advertisement on the Comprehensive Plan .
Mayor Hill informed the Council members that he had received
a "thank you" card from Mrs . Rosen for the flowers and their thought-
fulness . He also informed the Council that he, Mr. Ritter, Mr. Titus,
Mr. Martin and Mr. Cox were going to Richmond on Thursday to meet with
the State Water Control Board.
On motion of Councilman Murray, seconded by Councilman Wallace,
the following resolution was proposed:
WHEREAS, Ted F. Jackson has tendered his resignation as a
member of the Leesburg Board of Zoning Appeals to the
Honorable Carleton Penn , Judge of the Circuit Court for
Loudoun County , Virginia, and
WHEREAS, W. Lynnhurst Johnson has been deemed to be eminently
qualified and willing to accept an appointment to fill the
unexpired term of office of the said Ted F . Jackson on the
Leesburg Board of Zoning Appeals .
NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of
Leesburg , Virginia , that the name of W. Lynnhurst Johnson be
presented to the Honorable Carleton Penn, Judge of the
Circuit Court for Loudoun County, Virginia, as the person
recoumiended to fill the unexpired term of office of Ted F .
Jackson as a member of the Leesburg Board of Zoning Appeals .
BE IT FURTHER RESOLVED, that the Clerk of the Council, be,
and she is hereby directed to send a copy of this resolution
to the Honorable Carleton Penn and to Mr.. .W. Lynnhurst
Johnson.
A roll call vote was taken as follows : Voting Aye - Councilmen
Ridder, Wallace, Titus , Pumphrey, Orr and Murray, and Mayor Hill.
Voting nay - none.
On motion of Councilman Orr, seconded by Councilman Pumphrey,
the following resolution was unanimously adopted:
BE IT RESOLVED, that Sec . 13-133 of the Town Code of
Leesburg, concerning the observance by vehicles of blind
pedestrians be given wide publicity by the news media .
On Motion of :Councilman•Wallace;.: seconded by Councilman Murray,
the following resolution was proposed:
BE IT RESOLVED, that the following appropriations be made : 111$2,000 .00 - Supplemental - Police Car Maintenance .
500 .00 - Supplemental - U.F . - Vehicle Maintenance .
2,000 .00 - Supplemental - Administration of Justice.
22, 108 . 72 - Utility Relocation Contract - Projects 1, 2
and 3 todate - Lon E. Havener & Associates, Inc .
Councilman Pumphrey asked Mr. Ritter to elaborate on the Utility
Relocation contract item. Mr. Ritter stated that this was reimburs-
Vir 5
MINUTES OF APRIL 24, 1974 MEETING. .
able from the Highway Department, that it might be well to have a
one year defect bond when the work was completed, that the starter
had come, the chlorination equipment was due in a couple of weeks ,
and he thought this well would be in operation within three weeks
from this time . He also said Lon E . Havener and Associates would
make the installation .
On motion of Councilman Wallace, seconded by Councilman Pumphrey,
the following resolution was proposed :
WHEREAS, the Town of Leesburg applied for a Federal Grant
in fiscal year 1973 for Police Communication Equipment,
with a total program of $5 ,605 .00 ($4, 204 .00 DJCP and
$1,401 .00 local match) , and
WHEREAS, the Town of Leesburg received the $4,204 .00 grant
on February 12, 1973 , and has spent a total of $3 ,297 . 94
on Police Communication Equipment , and
WHEREAS, the NVPDC now informs us that it will be necessary
C) that we spend the remaining funds as set up in the Program.
c� NOW, THEREFORE, BE IT RESOLVED, that the Town Manager be
'-D authorized to spend the balance of the funds amounting to
$2,307 .06 .
A roll call vote was taken as follows : Voting Aye - Councilmen
Ridder, Wallace, Titus , Pumphrey, Orr, Murray and Mayor Hill . Voting
Nay - none .
Bids were opened at this time on the reinvestment of funds , as
follows :
North American Bank & Trust
$100 ,000 .00 for 150 days - 9.351%
First & Merchants National Bank
$100,000 .00 for 150 days - 10 . 25%
First Virginia Bank-First National
$100,000 .00 for 150 days - 9. 91%
Peoples National Bank
$100 ,000 .00 for 150 days - 9.875%
On motion of Councilman Wallace, seconded by Councilman Orr,
the following resolution was proposed:
BE IT RESOLVED, that the following bank be awarded the invest-
ment of Town funds as shown in their bid of April 24, 1974:
First & Merchants National Bank - $100 ,000 .00 (Water and
Sewer Availability Fund) , to be invested for 150 days , at an
interest rate of 10 . 25 percent.
A roll call vote was made as follows : Voting Aye - Councilmen
Ridder, Wallace , Titus , Pumphrey, Orr and Murray and Mayor Hill .
Voting Nay - None .
On motion of Councilman Pumphrey, seconded by Councilman Ridder,
the following resolution was proposed :
BE IT RESOLVED, that the proposal set forth by Johnson and
Williams , Inc . , for estimate on correcting low water pressure
problem in Normandy Village, estimated cost of $7 ,500 +, be
accepted by the Town Council.
Councilman Titus suggested that he would like to see this pro-
276
MINUTES OF APRIL 24 , 1974 MEETING. .
posal broken down as to engineering, installation and material costs
and asked Mr. Ritter to ask Johnson and Williams what the engineering
costs are going to be of that figure.
A roll call vote was made as follows : Voting Aye - Councilmen
Ridder, Wallace , Titus , Pumphrey, Orr and Murray and Mayor Hill .
Voting Nay - none .
On motion of Councilman Pumphrey , seconded by Councilman Titus,
the following resolution was proposed:
BE IT RESOLVED, that the proposal set forth by Perry
Engineering Co. , to lower 8" water main on Route 7 , in
connection with Route 7 - Urban Project, at cost of
$3 , 945 .00, be accepted by the Town Council .
Town Manager informed the Council that the project would be
advertised for bids on July 1st . and that the delay was due to right-
of-way problems .
A roll call vote was made as follows : Voting Aye - Councilmen
Ridder, Wallace, Titus , Pumphrey, Orr and Murray and May Hill . Voting
Nay - None .
On motion of Councilman Pumphrey, seconded by Councilman Titus,
the following resolution was proposed:
BE IT RESOLVED, that authorization be given to Johnson and
Williams to conduct study on installation of Sludge. Screen
at Sludge Thickener at Sewer Plant, at a cost of $500.00 .
There was considerable discussion as to whether or not this
screen was the answer to the problem and how extensive the study
would be .
A roll call vote was made as follows : Voting Aye - Councilmen
Ridder, Wallace , Pumphrey and Murray and Mayor Hill. Voting Nay -
Councilmen Orr and Titus .
On motion of Councilman Pumphrey, seconded by Councilman Titus ,
the following resolution was proposed:
BE IT RESOLVED, that the Town Manager be authorized to
remove tree in front of newentrance to St. James Church,
based on request and approval of St. James Church.
Mayor Hill requested that the letter from Reverend Thomas G.
Garner, Jr. , requesting the removal of the tree , be read for the
record.
• Councilman Orr wanted to know if the tree was really dead and
when told by Town Manager that he understood that it was , Councilman
Orr felt this should be verified, possibly by a tree surgeon. He
stated that the Town had been cutting down trees like they were going
out of style and stated that there were only so many left . There
followed considerable discussion in which it was suggested that maybe
a tree surgeon should check the tree to be sure it was dead. Council-
man Orr felt that if the Episcopal Church wanted this particular tree
cut down and cut into fireplace lengths for their use they should
have had someone present to tell the Council why. He did not feel
that the Town should be asked to cut it down at Town ' s expense for
the use of the Church. Councilman Orr wanted the motion tabled but
it died for lack of a second. Councilman Wallace felt that the
Church would not mislead the Council and he felt they were interested
in making the property around the Church as presentable as possible
and he thought it would be only right to let them have the fireplace
wood if this could be worked out by them with the person who would be
taking the free down. The Town Manager explained the procedure in
the past had been to have Lee Rodgers take the trees down for the
wood. It was suggested that the Church be notified that they would
have to negotiate with Lee Rodgers for the wood. During the
discussion it was suggested that a seemingly dead tree in front of
2:� r '
MINUTES OF APRIL 24, 1974 MEETING .
Mr. Robb 's residence on Cornwall Street also be checked. It was
left to the discretion of the Town Manager as to whether to get a
tree surgeon to check out these trees before anything was done .
There was also some discussion about a future tree ordinance and the
ratio to be used for replacing trees taken down.
There being no further discussion, a roll call vote was taken
as follows : Voting Aye - Councilmen Ridder, Wallace, Titus , Pumphrey,
Murray and Mayor Hill . Voting Nay - Councilman Orr.
Resolutions from the four local banks, concerning the signatures
of Town of Leesburg 's checks on accounts deposited in the four banks ,
were presented to the Council for adoption . Upon motion of Mr.
Wallace, seconded by Councilman Ridder, it was moved that said
resolutions be adopted. Discussion followed and upon motion of Mr.
Wallace, seconded by Mr. Murray, it was moved. to amend the resolutions
by deleting the following paragraph in each resolution:
BE IT FURTHER RESOLVED, that the said bank is hereby relieved
Q of and discharged from any and all liability by reason of the
payment of checks , drafts , notes , bills of exchange, acceptances,
CC or other orders that have been heretofore charged against the
account of this Town with said Bank, regardless of the signatures
CZ thereto, and the manner in which such signatures were made, and
CZ said Bank is further relieved of and discharged from any and
all liability by reason of the acceptance of any checks , bills
of exchange, or other instruments that have been heretofore
deposited to the account of this Town with said Bank, regard-
less of the endorsement thereon and the manner in which such
endorsements were made .
Further discussion followed wherein the Council instructed Mr.
Ritter to ask the said banks if the amendment would be permissible
to them, and if not to see if we could resolve a resolution that
would be agreeable to all parties .
The resolution, as amended, is as follows :
I, the undersigned, hereby certify to (bank) ,
that I am Clerk of the Council of the Town of Leesburg, in
Virginia, a municipal corporation chartered by an Act of the
General Assembly of Virginia ; that the following is a true
copy of resolutions duly adopted in accordance with law by the
Council of said Town at a meeting held in Council Chambers the
12th day of March, 1969, and that such resolutions have not
been rescinded or amended:
BE IT RESOLVED, that (bank) is hereby desig-
nated as a depository of the Town of Leesburg, in Virginia,
and that a checking account shall be maintained in said Bank
in the name "Town of Leesburg , Virginia . "
BE IT FURTHER RESOLVED, that checks , drafts , bills of exchange,
acceptances or other orders for the payment of money from said
account shall be signed, on behalf of this Town and in its
name, by any two of the following officers ; namely , The Town
Manager, Deputy Town Manager, Treasurer and Deputy Treasurer.
BE IT FURTHER RESOLVED, that the Treasurer is hereby authorized,
on behalf of this Town and in its name, to endorse checks ,
bills , certificates of deposit or other instruments owned or
held by this Town, for deposit in said account or for collect-
ion by said Bank ; however, the endorsement of such instruments
may be made by rubber stamp endorsement containing the name
of this Town without signature, or by the endorsement of any
person by such writing as to designate that the instrument is
intended to be credited to the said account ; to accept drafts ,
acceptances and other instruments payable at said Bank; to
waive demand, protest, and notice of protest, or dishonor of
any check, note, bill of exchange, draft or other instruments
made , drawn or endorsed on behalf of this Town . However,
strict compliance as to the words "Town Manager" , "Deputy Town
278-
MINUTES OF APRIL 24 , 1974 MEETING. .
Manager", "Treasurer" or "Deputy Treasurer" appearing after the •
names of said officers on any of said instruments for the payment
of money from said checking account shall not be required.
BE IT FURTHER RESOLVED, that (Bank) is hereby author-
ized to honor, receive, certify, or pay all instruments signed in
accordance with these resolutions, even though drawn or endorsed to
the order of any officer signing the same or tendered for cashing,
or in payment of the individual obligation of any such officer, or
for deposit to his personal account, and said Bank shall not be re-
quired, or be under any obligation to inquire as to the circumstances
of the issuance, or use of any instrument signed in accordance with
these resolutions , or the application, or disposition of such
instrument, or the proceeds thereof.
BE IT FURTHER RESOLVED, that the Clerk of the Council shall certify
to said Bank, the names and signatures of the presently duly
qualified and acting Town Manager, Deputy Town Manager, Treasurer
and Deputy Treasurer of this Town, and the Clerk of the Council
shall, from time to time hereafter as changes in the personnel of
said officers are made , certify such changes to the Bank, and the
Bank shall be fully protected in relying on such certifications of
the Clerk of the Council, and shall be indemnified and saved harm-
less from any claims , demands, expenses , loss, or damage resulting
from, or growing out of, honoring the signature of any officer so
certified, or in refusing to honor any signature not so certified,
or in refusing to honor any signature which may be replaced through
changes made by any such certification .
BE IT FURTHER RESOLVED, that all resolutions adopted by the Council
of this Town prior to March 12th. , 1969 , for the designation of said
Bank as depository for the account maintained in said Bank in the
name "Town of Leesburg , Virginia" , authorizing the signing of
instruments for the withdrawal of money from the account of this
Town in said Bank, and for the endorsement of instruments for deposit
to the account of this Town in said Bank, be, and the same are hereby
revoked and rescinded.
BE IT FURTHER RESOLVED, that the foregoing resolutions shall in no
manner affect or invalidate the resolutions adopted by the Council
of the Town on the 8th day of September, 1965 , designating
(Bank) as a depository for the account maintained in the
name "Town of Leesburg, Virginia, Police Court".
BE IT FURTHER RESOLVED, that the foregoing resolutions shall remain
in full force and effect until written notice of their amendment or
recision shall have been received and acknowledged by said Bank, and
that receipt of any such notice shall not affect any action taken
by said Bank prior thereto.
BE IT ALSO RESOLVED, that the Clerk of the Council is hereby author-
ized and directed to certify to (Bank) the foregoing
resolutions , and that the provisions thereof are in conformity with
the Charter and Ordinances of this Town , and the laws of the State of
Virginia .
I, the undersigned, further certify that the Council of the Town of
Leesburg, in Virginia, is authorized and empowered to adopt the fore-
going resolutions by virtue of its Charter and Ordinances , and pursuant
to the laws of the State of Virginia .
I further certify that the names and official signatures of the
presently duly qualified and acting Town Manager, Deputy Town
Manager, Treasurer and Deputy Treasurer of said Town are as follows :
Office : Name : Official Signature :
Town Manager James W . Ritter, Jr. -
Deputy Town Manager E. Wesley Devero
2 7 9'
MINUTES OF APRIL 24, 1974 MEETING.
Treasurer Mervyn C . Timberlake, Jr.
Deputy Treasurer Virginia R. Embrey
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed
the seal of the Town of Leesburg , in Virginia , by direction of the
Council, this day of , 1974.
' ((SEAL)) Clerk of the Council
Town of Leesburg , in Virginia
A roll call vote was taken as follows : Voting Aye - Councilmen
Ridder, Wallace , Titus , Orr and Murray and Mayor Hill. Councilman
Pumphrey abstained.
Upon motion of Councilman Wallace, seconded by Councilman Ridder,
the following resolution was proposed :
O WHEREAS, the resolution adopted by the Town Council at its
cs) meeting on February 13 , 1974, concerning the leasing of
'D land to commercial aeronautical activities by Blue Ridge
Aircraft, Inc . , has a termination date of April 30, 1974,
a and
WHEREAS, the Town Council has not adopted minimum stand-
ards for commercial aeronautical act•id.ities at Leesburg
Municipal Airport.
NOW, THEREFORE, BE IT RESOLVED, that the termination date
be suspended until such time as minimum standards for
commercial aeronautical activities at Leesburg Municipal
Airport have been promulgated by the Town Council .
On motion of Councilman Pumphrey, seconded by Councilman Titus ,
the following resolution was proposed:
n
BE IT RESOLVED, that the Town Manager be authorized to ask for
bids on building a brick sidewalk, together with concrete
curb and gutter, and an alternate bid on a concrete sidewalk
on the north side of Market Street, between Liberty Street
and the west property line of Winslow Williams , with the under-
standing that the property owners will pay their share of
cost at the rate of $5 .00 per lineal foot .
There was considerable discussion . A roll call vote was taken
as follows : Voting Aye - Councilmen Ridder, Wallace, Titus , Pumphrey,
Orr, and Murray and Mayor Hill . Voting Nay - None .
Mayor Hill asked Council members if they would like to submit
a name, or names , to work as a committee in conjunction with the up-
coming Bicententnial Celebration. Councilman Titus submitted the
name of W. Emory Plaster, Jr. Councilman Pumphrey submitted the
name of Lucas D. . Phillips . Councilman Murray submitted the name
of Robert C. Forbes and Mayor Hill stated he would like to suggest
Dick A. Richards .
Mayor Hill asked if there was any other matter to come before
IIthe Council . Mr. Forbes said he would like to show the members
something and he presented each member with a reproduction of the
Town of Leesburg seal, adopted in 1860 , found in one of the minute
books in wax . He said he had attempted to reproduce it for re-
adoption at some later date to be used as a decal on documents, etc . ,
but said he had a little more work to do on it before it was
completed. Mayor Hill asked Mr. Forbes if he would submit the com-
pleted reproduction to Mr. Wallace 's committee .
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28 ('
MINUTES OF APRIL 24 , 1974 MEETING. -
There being no further business to come before the Council,
upon motion of Councilman Murray, seconded by Councilman Orr, the
meeting was adjourned at 9:08 P.M.
X/4/, , /
Clerk f the Council - Pro Tem Mayor /
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