HomeMy Public PortalAbout1963_09_30 226
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 30, 1963.
A regular meeting of the Leesburg Town Council was held -in the -Council
Chambers, Leesburg, Virginia, on September 30, 1963. Mayor Kenneth Rollins
called the meeting to order at 7:30 P.M. Councilmen present were : C. A.
English Cole, C. Grey Dodd, C. Maloy Fishback, Maurice R. Lowenbach , Jr. ,
Robert A. Orr and John W. Pumphrey. Also present were Town Manager James
W. Ritter , Jr. and Town Attorney George M. Martin.
The minutes of the regular meeting of September 9, 1963 were approved
with the general consent of the Council.
Mr. John Waller , Vice-President of Peoples National Bank spoke to the
Council , explaining their request to encroach upon the sidewalk in front of
their Main Office to install a metal lock box to be used for temporary storage
of checks awaiting pickup by Armored Carrier Corporation for delivery to their
correspondent banks.
Mr. Carleton Penn , Attorney for Loudoun Properties, Inc. , explained to
Council the resolution to be presented with regard to land fill operations by
the Town on land owned by Loudoun Properties, Inc.
Town Manager James W. Ritter , Jr. presented points with regard to various
other resolutions to be acted upon.
Mayor - Rollins reminded Council members of the Public -Hearing to be held
on Thursday, October 3, 1963 at 7:30 P.M. He also asked all Councilmen to
present to the Town Manager their requests for sidewalks to be constructed
within the Town within the 56,000.00 appropriated by budget for same in order •
that the Public Works Committee might establish some priority with regard to
these requests and report back to Council. Council will then decide which
requests will be granted in time for construction of said sidewalks to commence
in the spring.
Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the
following resolution was unanimously adopted by roll call vote :
WHEREAS, Loudoun Properties , a partnership, has requested the
temporary suspension of use of the land fill located -on the
land of Loudoun Properties by the Town of Leesburg, on Catoc-
tin Circle West of the sewage treatment plant of said Town; and
WHEREAS, Loudoun Properties, a partnership, has indicated its
willingness to permit the Town of Leesburg to conduct an identi-
cal land fill operation on other property likewise owned by it
on Catoctin Circle, East of said sewage treatment plant of said
Town without cost to the Town; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of
Leesburg, in Virginia, that :
(1) The Town of Leesburg shall suspend land fill operations on
the property of Loudoun Properties, a partnership, located West
of the sewage treatment plant of said Town , and shall forthwith
commence land fill operations on the property of Loudoun Proper- •
ties, a partnership, bounded by Catoctin Circle , Washington and
Old Dominion Railroad , the lands of Hammerly and the Town of
Leesburg, East of said sewage treatment plant.
(2) Such land fill operation shall be conducted in accordance
with the license agreement under date of 18 November , 1955 pre-
viously executed by the Town of Leesburg and Loudoun Properties ,
Incorporated , provided , however , that no fencing shall be re-
quired,
but same shall be permitted.
(3) When the aforesaid parcel shall have been filled in the
-same manner as provided in said license agreement, the said
Town may resume its land fill operation at the site of the
present land fill located West of the sewage treatment plant
of said Town, subject to the terms of the aforesaid license
agreement.
• 22
Minutes of September 30, 1963 Meeting.
(4) Loudoun Properties , a partnership, shall have the right to
grade, and seed to grass the present land fill area at its ex-
pense, provided that all refuse shall be covered by the Town of
Leesburg in accordance with recommended land fill practices at
. the cessation of its use.
(5) The Town of Leesburg, in any future land fill operation upon
the present site , will not disturb or destroy any shrubbery or
structure that Loudoun Properties , a partnership, shall erect for
the purpose of screening the land fill area.
Upon motion of Councilman Lowenbach , seconded by Councilman Fishback, the
following Ordinance was unanimously adopted by roll call vote :
Sec. 19-36.1. Charge for Sewer Service alone outside the cor-
porate limits of the municipality. For House Connections.
Where the Sanitary Sewer only is connected outside the cor-
porate limits of the municipality, the sewer service charge
for residences shall be fifty (50) per cent greater than the
charge within the corporate limits.
GO Sec. 19-36.2. Charge for Sewer Service alone outside the cor-
M porate limits of the municipality. For Institutions.
W.:7 .
Where the Sanitary Sewer only is connected outside the cor-
DC
Ir porate limits of the municipality, the sewer service charge
for Institutions shall be Two Dollars and Twenty-five Cents
02.25) per person per quarter.
It is the intent of this Council that this Ordinance shall be construed to
include all residents and employees of the institution involved.
Upon motion of Councilman Orr , seconded by Councilman Dodd , Council , by
unanimous roll call vote , granted permission to The Peoples National Bank of
Leesburg to encroach upon the sidewalk in front of their Main Office on King
I
Street in order to install a metal lock box 15" deep, 18" wide and 30" high
to be used for the temporary storage of checks awaiting pickup by Armored Car-
-rier Corporation for delivery to their correspondent banks.
Upon motion of Councilman. Cole, seconded by Councilman Orr, the following
resolution was placed on the floor :
BE IT RESOLVED by tine Council of the Town of Leesburg that the
Town Manager. be empowered to employ Mr. Raymond L. Hough and as-
sistant for the purpose of locating downspouts, catch basins and
. other means by which surface water is entering the Sanitary Sewer
System, in the area bounded by Loudoun , Cornwall , Wirt and Church
Streets.
Upon motion of Mayor Rollins, seconded by Councilman Cole , this resolution
was amended to include in this study the sewer lines that are still connected
onto the storm drainage system. This amendment was unanimously adopted by roll
call vote , and the entire resolution, as amended, also unanimously adopted by
rpll call vote.
Upon motion of Councilman. Cole , seconded by Councilman Pumphrey , the fol-
lowing resolution was unanimously adopted by roll call vote :
BE IT RESOLVED by the Council of the Town of Leesburg that the Town
Manager be authorized to open a bank account at Peoples National
I/ Bank to cover physical improvements at Virginia Knolls.
(Resolution attached hereto)
Upon motion of Mayor Rollins, seconded by Councilman Fishback, the follow-
ing resolution was adopted by a roll call vote of 6 to 1. Voting Nay was Council-
man Pumphrey.
228
Minutes of September 30, 1963 Meeting.'
WHEREAS, petitions for rezoning of property are for the benefit
of the petitioner , and
WHEREAS, the costs of administration, publication and hearings
on such matters are expensive, and
WHEREAS, the Council for the Town of Leesburg, in Virginia, feels
• that this cost should be borne by the petitioner for such rezoning,
NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Lees-
burg, in Virginia, that all applications for rezoning of property in
the Town of Leesburg, Virginia, shall be accompanied by a check or
cash in the amount of One Hundred Dollars payable to the Treasurer
of the Town of Leesburg.
•
Upon motion of Councilman Fishback, seconded by Councilman Orr , a motion
was presented to authorize the firm of Stanton, Minter & Bruner to perform an
audit of the Airport Commission's books. Upon motion of Councilman Cole, sec-
= onded by Councilman Lowenbach, an amendment was presented to include in this
motion that after this audit is made that the Airport Commission's books be
audited in conjunction with the Town's books. The amendment was unanimously
adopted by roll call vote, after which the entire motion was unanimously
adopted by roll call vote. ' _
Councilman Lowenbach read the following letter from Earthwork, Incorporated: ' ',
• - September 3, 1963
Mr. George P. Hammerly
Chairman, Leesburg Airport Commission •
Leesburg, Virginia
Dear'George:
Per your request we have gotten together with the TRI-COUNTY ELECTRIC,
COOPERATIVE and the Chesapeake and Potomac Telephone Company regarding the
removal and-or construction of their facilities crossing the new Leesburg
Municipal (Godfrey) Airport property. - We are now in complete accord with
both of these firms as to what must be done and the costs involved. The .
latter are as follows :
Tri-County Electric Cooperative
Remove 3,600' of primary lines $1,200.00
Build 1 ,000 ' underground lines 7,400.00
Build 1 ;350' of secondary pole lines 1 ,800.00
Chesapeake and Potomac Telephone Company
Remove 1 ,000' of service line 100.00
Plow-in service line , south of airport 1 ,400.00
property
•
We recommend that you, together with the Leesburg Airport Commission's
attorney , contact the two utility companies involved and draw up some form
of agreements spelling out in detail precisely what is to be done, when and
at what cost. Copies of these agreements must , of course , be submitted to.
F.A.A. for their approval. I should like to be present at least at the ini-
tial conference to advise you and/or your attorney on the technical aspects
of construction as well as the "when" so as to make sure it will fit in with
the airport prime contractor 's requirements.
Very truly yours,
/s/ J. W. Paxton
John W. Paxton, P. E.
Engineer , Leesburg Municipal Airport •
•
Upon motion of Councilman Lowenbach, seconded by Councilman Orr, the con-
tents of this letter were approved by unanimous roll call vote.
2s
Minutes of September 30, 1963 Meeting.
Councilman Lowenbach, reporting as a member of the Airport Commission,
:further reported that there would still be some few items to come before the
Council for approval with regard to the construction of the new Airport.
A poll was taken to see how many members would be attending the fall meet-
ing of the County Town Officials to be held at the Lovettsville School on
Thursday, October 17, 1963, and the Clerk was instructed to write for reser-
. vations for same.
There being no further business, the meeting was adjourned with general
consent at 8 :47 P.M.
a--d
Mayor vyaY
Clerk of th Council
PUBLIC HEARING, OCTOBER 3, 1963.•
'
A duly advertised Public Hearing was held in the Council Chambers, Lees-
00 burg, Virginia, on October 3, 1963. at 7:30 P.M. , with the Mayor presiding.
cn Councilmen present were : C. A. English Cole , C. Grey Dodd , Maurice R. Lowen-
bach, Jr. , Robert A. Orr and John W. Pumphrey. Absent from the meeting was
Councilman C. Maloy Fishback.
CC
CC Mayor Rollins read a letter from Attorney Thomas W.. diZerega withdrawing
the request for rezoning by Armel H. Heileman of a tract of land containing
14.4626 acres of land, which request for rezoning was to be heard at this time.
A hearing was held at this time on the request for rezoning by John Allen
Johnston of a parcel of land containing 20.108 acres of land lying on the North
side of State Route 7 in the west end of the Town of Leesburg, said rezoning
application asking that this land be changed from a One-Family Residence Dis-
trict to a Town House Residence District.
Thomas W. diZerega, Attorney for the applicant , spoke in favor of this
rezoning, stating that he felt that the Town would benefit from this develop-
ment. He believed that the reasons given by the Planning Commission for turn-
ing it down'-were inaccurate and explained why he thought they were inaccu-
rate.
Colonel Lowell M. Riley spoke against this rezoning, stating that there
were several other opponents to this application who could not be present at
this hearing.
Councilman Pumphrey asked that a portion of the minutes of the Planning
Commission Public Hearing held on July 30, 1963 be read to members of Council.
Councilman Lowenbach read same.
Upon motion of Councilman Orr, seconded by Councilman Cole , this application
for rezoning was rejected by unanimous roll call vote.
There being no further business, the meeting was adjourned at 8 :20 P. I.
.-. ‘ • _ d F -t :::•-;47::.- -
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r ;RESOLUTION''DESIGNATING. - _
".DEPOSITORY'.FOR' ACCOUNT w '.
'1.i\;-?.::-.• - IN' THE NAME""TOWN OF T _
) ''.' ' -' ..li _ ,LEESBURG, VIRGINIA :;°+. - • ,,'. , VIRGINIA KNOLLS PHYSICAL` r `•
; IMPROVEMENTS_ (SECTION I)
I, the undersigned, hereby certify to The-Peoples
National Bank ofLeesburg.::Leesburg,;,'Virginia, : that I,:am
Clerk:Of the*Council of the Town' of-Leesburg,7• in Virginia, '
' a municipal -,corporation_'charter_ed..by an Act the General
- Assembly of .Virginia; that:the following';ie�a,:true: copy of' -
`resolutions' duly adopted. in accordance with``law :by'the Council ,` k
of:said Town''at `a •meeting held'in Council ,chambers ,onsthe es
day of Septembei . 1963,-and that.such-resolutions have, not;been• 1.-..::
rescinded or` modified _
• :WHEREAS, •Loudoun Properties, a partnership, t ,-' .'
has delivered`to the appropriate officials ofthe Town of" {; uM t.'.= ,-y i
Virginia'; 1•7`:-.,,:‘,..-.1
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--Leesbiurg,jthe.'_.sum-ofFORTY-EIGHT,THOUSAND ONE HUNDRED ci =
`SIXTY-FIVE}& 50/100 DOLLARS ($48,•165-50) to,guarantee
_ 5 ,.-satisfactory and' acceptable -installation ofphysical improvements
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Within Section I of Virginia_Knolls ;Subdivieioa' ae' required byT., '
Section IV A .2 of,the Subdivision Ordinance for';the Town of :•-t` - `1 ,.
Leesburg: ,Virginia;. an( r t
WHEREAS, it is desired•,that a•:depository for 'Such'. •
• - -pulp-.be designated fors-the safekeeping thereof and`for the ,fount:''
withdrawal of said fund's to pay :for-the•construction of'said _
- physical Amproiremente as the work shall be accomplished•when: _
} payments- to :the persons, firms or ãorpokations performing such
. - work shall be ientitled;to draws for`tthe satisfactory performance
of each work pursuantto the" plane_and specifications heretofore
•filed with the::Town of Leesburg, '•Virginia +L} -•
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z{ } NOW, THEREFORE, iBE IT RESOLVED, -that-The '--4-',-;::'
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Peoples National Bank of 'Leesburg. Leesburg, Virginia,'• is
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( • hereby designated: as a depository iot,the Town,of Leesburg, A'f ,,,
in Virginia, and that,a checking ,account-'.he • in said, r ,
think`in the eame ' Town'cif.Leesbuig, Virginian *-Virginia Knolls .
• Physical :ha prove menta.'(Section .I)', 7 and that the Town Manager.
r of 'the;Town ,of Leesburg, 'in Virginia, •or, his successor-nor ,"
-r .,4' substitute who may4be lawfully acting, ie{hereby authorised
to sign,Sahel the subdivider, Loudoun Properties,, a partnership
•
by John H • Ours and .1 }D. .Williams, Managing Partners, are ..^ ,
authorised to 'countersign checks, drafts and other instruments ° . '
-. -• ,' for 'the payment•of Money,from the'accpunt under said title, . =
aII , r that the said officer lof the Town of Leesburg, in Virginia, is.
e hereby authorised to endorse checks. drafts, money orders, or`
: other instruments for deposit in said checking,-account,: or for . , - --
;'.. ' collection in .said Bank, .to accept drafts,''checks.. and other _ ....
4 ins'trumenter'payable at Said. Bank';:to waive demand, protest,
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• and notice of protest; or_ dishonor;•of a.any' check.or othrer,
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• instrument Made. drawn or`endorsed on: behalf of. said Town,-
• and the titles'of al1J;'parties shall . required after their,. names'
on any of said instrumeats 'for the,payment of money from said,
- checking account, aid
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FURTHER RESOLVED; ;'that The Peoples<
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National Baaa of Leesburg,, Leesburg, Virginia. ie hereby
• authorised to honor, ,receive, certify or:pay all :instruments
F t a v a .cr { .•
• • signed in 'accordance with !hese Resolutions, over► though drawn'`
z or endorsed`to the:order of any persoa.aathorised to"sign the . ::
' same +or tendered ;for cashing, or?.ia the paymeat.tof the
• '+ individual obligation:of any such, perso• n, -or for deposit to hie
` .•
.- personal account, and said•rBank shall not be regnired, 'or be'
under any obligation .to inquire as 'to the circumstances of the
issuance-or`use of any instrument';eigned''ia accordance▪ arith5 `
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these .resolutions, or the'application and dispoaitiontof• such
: instrument; .•or} the proceeds thereof, sad• � '
I $E IT FURTHER RESOLVEc D; :that the Clerk f• rit;
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the Conncil 'of .this Town shall certify to said sank the name
and signature of the presently appointed and -duly.qualified
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Town° Manazger, and ib hie successes os substitutes, .if-any,
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• who:may .behereafter lawfully designated, andImmediately
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certify, such chaage,e. to the Bank, `•and the Bank shall De fully ,�
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/ u protected•in relying upon•auch certifications of tha Clerk of
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the Council, :and shall be.•iademnified and°saved Harmless from
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'deIIlan � - . -eapeaees, r lose os damage' rasniting
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growia@{*odt of. honoring the si• gnature of any- officer: so
t�`` certified,. or' is refusin to :honor' an ei nature, which ma be
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replaced through changes mad^ wit out ouch certification; and
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1.--;);)2' =BE IT FURTHER RESOLVED, '•thet,this resolution, .
shall:,in ao manner affect or •invalidate the resolutions adopted
by the.•Council 'of this Town. on September;2, 1961; designating,,'
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The .Peoples;•National _Ba ik"of •Leesburg, .wLeesburg,,. Virginia, _as
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a depository far the checking account:niaintained :is said' Bank in
Che.name "Town, of Leesburg, Virginia",;;or, in the zname. of
`' "Town>of Leesburg;: _Virginia, Police,,Couit", and authorizing ;. •-
the• eigniag. of i StrUniente:lot the withdrawal-of:mosey:from -
' said:accounts:.and the endorsement:of instruments' for deposit
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to itaidA accounts. and _ ,, .‘_.•/.
'' / •BE ;IT FURTHER RESOLVED,?.that"said Bank is
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i I. hereby authorized and directed to iely andt act upon this.;
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f .,resolution from and `after its •date of adoption, and that•it
_ fr shall' remain in full force;and effeet until written•notice .of
` ' its amendment or rescission shat' have been received and
acknowledged 'by said Bank, - and that, receipt'of4anygreach.
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notice shalli,nntlafiect any action`'taken by said.Rank .
`thereto
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ric - it , '„;.4:..:„,•••;• y 1- ‘...--f.� /! ' ; 't -,-4i.,4;-'.1.;,,I.:;1, : ,-.;1".;`` V,.- , S.: _[ N. -� ":;''..2‘S-2.".. •f _ , ii.6` .771.".;
` . , •''.....SE_IT ALSO.,RESOLVED. tbat. the Clerk of'the
Council is hereby•authorized and directed totcertify to:The.. , ,.. ; 2:251.:11,...,, ;'
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x ? Peoples National, Bank of I;eesburg ,♦,Leesburg, Virginia;`: ,
thia-reeolution, and -that the provisions e
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�. ; 'conformity;with the Charter; and,Ordinance of'thisTown '
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•' and the laws 'of the ,State:of Virginia
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I, thendersidfhaer erifyt ♦ i
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ofe ugn . urtc7't "that the Council -,h:' ThTown of Leeeburg,',in• Virginia, . is'--authorised and
t; ;-empowered to:adopt the foregoing resolutions by'-virtue `of
' 'i' Chartertan d Ordinances,."and pureuant,.to' the laws_ of`the;State . ._
of •Virginia •;
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'I'further certify that :the narn6 .and officialt4eignature ..
- of.the,;duly qualified aid :actingTown,Manager of, said Townzio
' - se follows:; s H + • A' it } i:'� -: ` _ ♦ .
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'-'74..+.
Y: OFFICE i. . .-- - ' NE1ME `' .OFFICIAL '.
SIGNATURE
, Town Mena er • Ja.mee ;Th11•7. Ritter-T/.4,;(77+:\---„:44.)�yi ' • ` '
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'- i'IN WITNESS WHEREOF, I:lint hereunto subscribed;my _'y 4
aame'and aftixed the. seal Of .thea' of Leesbirg, tiaVfrgiaia;-by , ,.4 ..
~ •-direction of the Council, this 3 G 1.1.-.,C,.1'(.11a?"-y._:-7-'_10.1_;_. ,il: t1963
1�
` ` 4. `} _ '� Clerk•Of the Council The Town of'1.,.. eesburg,
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