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HomeMy Public PortalAbout1964_07_27 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY .27, 1964. • A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia on July 27, 1964. The meeting was called to order by the Mayor, with Councilman Fishback leading the group in prayer. Those • present were Councilmen C. A. English Cole, C. Grey Dodd, C. Maloy Fishback, Maurice R. Lowenbach, Jr. and John W. Pumphrey. Also present were Town Manager James I. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman Orr. The minutes of the regular meeting of July 13 , 1964 were unanimously ap- proved by Council. Mr. G. William Taylor of Sidney Z. Mensh & Co. , Inc . addressed the Council, asking their approval for water and sewer connections on 24 lots in Section 3 of Leesburg Estates. He stated that they have submitted their preliminary plan to the Planning Commission, but that the Commission did not feel it could act on this until Council had approved these water and sewer connections. He explained that it would be safe to say that these additional connections would not be used probably until somewhere between June and September of next year. Upon motion of Councilman Lowenbach, seconded by Councilman Cole, Council unanimously voted that this matter be referred to the Utility Committee and that Mr. Taylor be invited to meet with this committee, if necessary. OMr. Bryan Gordon addressed the Council with regard to the new Airport and the invitations to bid on the operation of said Airport, which are to be opened U in this office on August 1. He stated that he believed the airport was in a good location, it had a good runway and nice buildings, but he didn 't believe they were the type buildings needed for an airport operation, he thought they would not be economical to operate. He explained that he was backing Mr. Frank Webner several months ago when an offer was made to operate the Airport , but receiving no reply to their application, it was dropped and a letter was sent to the Mayor withdrawing their offer. He said he could not see. any point in bidding on this operation since he believed that the invitation to bid was not in proper form to entide anyone to bid on this operation. He believed the bids should be opened publicly in order that all bidders could see and hear the de- cision made. Councilman Lowenbach, a member of the Airport Commission, asked Mr. Gordon what he might suggest at this point that would not delay the final construction of the airport and still make it better for bidders. Mr. Gordon stated that he expected these buildings already under construction would have to be built since they have been approved by the FAA, but there were certain things that he believed should not be completed until an operator had been selected. He explained that any operator would have to spend: about $40,000.00 to $50,000.00 in constructing additional buildings in order to make this a profitable operation; that the lease would have to be long enough in order to allow the operator enough time to amortize the cost of this construction. Mr. Gordon was asked by Councilman Cole what his experience had been with building airports and operating them. Mr. Gordon replied that he had built an airport in the Bahamas during the War and that he had been operating facilities in Maryland which he had built. He stated that he did not believe there would be many, if any, bids on the basis on which it had been advertised, and that he felt he would be wasting his time in submitting a bid. He suggested that those in charge should select reputable operators and try to negotiate a contract, rather than to ask for bids. Councilman Cole asked Mr. Gordon what percentage of return he would say the Town could receive to start out with. Mr. Gordon replied that a fair return would break the operator unless he had funds to withstand his operation for at least three years. He believed that there should be an investment in excess of $100,000.00 in aircraft alone to properly operate the airport. Mr. Hammerly, Chairman of the Airport Commission, pointed out that one of ' the duties of the Commission was to make this airport feasible and he believed the Commission had done this. He stated that if the Town or the Commission had to operate this airport , it could be done without costing the Town any money. He explained that it had been built according to FAA specifications and that FAA was happy with it. The specifications in the bid were reviewed by the Com- mission 's legal department and approved by FAA and he felt positive that there f would be at least 3 bids when bids are opened on Saturday morning. He said that this airport is not designed for a commercial operation and brought out the fact that all bidders were advised in the invitation to acquaint them- selves with the specifications. 1: • MINUTES OF JULY 27, 1964 MEETING. Mr. Hammerly reported that the airport is progressing very rapidly, that they have a good well , that the wiring has been inspected by the engineer , although there still seems to be some argument between the electrician and the County electrical inspector, but the engineer was satisfied with it and the FAA seems to be satisfied with progress to date. It is planned to move onto the new airport between August 22nd and August 30th. He asked that the' Torn notify Mr. Paulson and Mr. Wallace that the Town will be vacating the present airport sometime during the month of August. He invited everyone to visit the new fa- cilities and would welcome any suggestions for improvementp. He stated that the Commission is well within their budget and should have some money left over for expansion. He felt confident that there will be bids Saturday morn- ing and invited Mr. Gordon to bid. He reminded that any operator must have a zoning, permit , a use permit or a variance, which must be secured from the County. Councilman Pumphrey objected to any further discussion of this matter , but the discussion continued. Mr. James Mottley said that he believed the Commission had the cart before the horse, that if the County might not allow zoning, he could see no point in bidding on it. If it is up to the operator to go through all this preliminary work, he would have to say that his bid was contingent upon his obtaining a per- mit. The Mayor reminded all present that the specifications could be changed again and again until a bid is secured that Council would be satisfied with. Mr. Marvin Clarke stated that he didn ' t think the charges for various operations at the present airport were fair. He outlined several circumstances which he thought unfair and stated that he believed the Council should have something to say about the operation of the airport. Councilman Cole asked the estimated value of the planes now hangared at the airport. Mr. Hammerly replied that it was somewhere around 88110,000.00 or - $115,000.00 at the minimum. Discussion continued for a while longer and Council members were asked to be present for the opening of bids on Saturday morning if they so desired. Mr. Ritter brought to Council 's attention two letters from Whitmore & Arnold, one with regard to the backhoe which the Town has been renting for the past year and which backhoe will be picked up by Whitmore and Arnold by the 15th of August. He explained that it had been used approximately 200 hours during this time and that we had paid approximately 81 ,000 for the use of it. We have been renting it for $5.00 an hour and without it , we will probably have to pay around $10.00 to $12.00 an hour to rent another one when we can get it. The other letter from Whitmore and Arnold is an offer to sell the backhoe at a price of $7,500.00. This matter was referred to the Utility Committee, and then to the Finance Committee, both committees to bring back a report at the next meeting. Mr. Ritter reported that there are still several deeds of easement out- standing on the Woodberry Road storm drainage project and that a deadline will have to be set to get these easements in. He also reported that Mr. Hough had investigated several of the downspouts and found a number of them going into the ground, so that further tests will have to be conducted to find out where they are going. Mayor Rollins advised that in the future when there is need for an ap- propriation, authorization for the work to be done will either be put on the agenda for the proper committee or on the agenda for the full Council, then it will come back to the Council for appropriation. He also advised that it would be more feasible if the Utility and Public Works Committee would meet on the Thursday following Council meeting. Upon motion of Councilman Cole , seconded by Councilman Pumphrey, the fol- • lowing resolution was unanimously adopted : 1' 16 MINUTES OF JULY 27, 1964 MEETING. BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made in order to complete the fis- cal year ended June 30, 1964: General Fund Other Services & Supplies Repairs & Equipment $ 94.48 Convention Expenses 225.15 Audit 275.00 Police Department Motor Vehicle Maintenance 266.43 . Street Department Street Lighting - 145.86 Miscellaneous 45.00 Administration Personal Services Recorder 50.00 Capital Outlays Storm Drainage 1,580.28 O Streets 3,211.43 Cud Total General Fund $5,893.63 Utility Fund Operation and Maintenance Telephone $ 6.22 Motor Vehicle Maintenance 54.67 Total Utility Fund $ 60.89 Upon motion of Councilman Fishback, seconded by Councilman Cole, the fol- lowing resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriation.? be made for the current year : (a) Invoice from Walter Phillips for Engineering Services in connection with Sanitary Sewer Survey for Summerfield Tillett, et al, in the amount of $75.00 Mayor Rollins ordered that the sum of $45.00 to be paid Samuel Jackson, Jr. for extra help on Summerfield Tillett 's sewer line be charged to the Contingency Fund under the Utility Fund. Upon motion of Councilman Fishback, seconded by Councilman Cole , the fol- lowing Ordinance was unanimously adopted : BE IT ORDAINED by the Council for the Town of Leesburg, that an itemized statement of all accounts authorized to be paid by the Council and by the Judge of the Circuit Court shall be made out quarterly for each fiscal year ; that the same shall be posted at the front door of the Courthouse for the Circuit Court for Loudoun County and published once in the Loudoun Times-Mirror and this shall remain in full force and effect until otherwise changed. 111Uponk- motion of Councilman Lowenbach, seconded-by Councilman;Fishbac , the following 'resolution was unanimously adopted, as amended by motion of Council- man Cole , seconded by Councilman Fishback, to add on Form P.C. 1 at the bottom of the page after the word "costs""the two words "and quantities": WHEREAS, Section IV of the Subdivision Ordinance of the Town of Leesburg was amended on April 13, 1964, and to. MINUTES OF JULY 27, 1964 MEETING. \` WHEREAS, Section IV of said Ordinance requires that certain stand- ard forms be provided in connection with the submission of plans by the developer , and the installation of physical improvements and facilities, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Lees- burg, Virginia, that the following forms be and the same are hereby approved and adopted : (Copies attached) . Upon motion of Councilman Cole , seconded by Councilman Dodd, the follow- ing Performance Bonds ,were unanimously approved : t- BOND KNOW ALL MEN BY THESE PRESENTS, That We, SIDNEY Z. MENSH CO. , INC. of 1613 I Street, N.W. , Washington, D. C. , as Principal, and CONTI- NENTAL CASUALTY COMPANY, an Illinois corporation authorized to do business in the State of Virginia, having an office and place of busi- ness at 76 William Street, New York, N. Y. , as Surety, are held and firmly bound unto the TOWN COUNCIL OF THE TOWN OF LEESBURG, Virginia, as Obligee, in the full and just sum of SIXTY FOUR THOUSAND SIX HUND- RED SEVENTY & 00/100 ($64,670.00) DOLLARS, lawful money of the United States of America, for the payment whereof , well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal desires to develop a subdivision in Loudoun County, Virginia, (with Town of Leesburg Subdivision Control) under the provisions of the Town of Leesburg Subdivision Ordinance, said subdivision to be known as Leesburg Estates, Section Two; and WHEREAS, it is the desire of the Principal to guarantee to the Ob- ligee that all physical improvements required by the provisions of the Town Ordinances, and as are shown on plat , plans, and speci- fications approved by the Virginia Department of Highways and the Town of Leesburg's Engineer for the subdivision so platted shall 111 have been completed and installed therein within one (1) year from the date hereof : NOW, THEREFORE, the conditions of the foregoing obligation are such that if the said Principal shall, within one (1) year from the date hereof, construct and complete and install all physical improvements required by the provisions of the Town Ordinances and the Virginia Department of Highways as are shown on plat, 'plans and specifications approved by the Virginia Department of Highways and the Town of Lees- burg's Engineer in regard to the aforementioned subdivision to be known as Leesburg Estates, Section Two, and as are contained in agree- ments between the Principal and Obligee , then the above obligation to be void and of no effect ; otherwise , to remain in full force and effect. PROVIDED, HOWEVER, that the total liability of the Surety hereunder in no event is to exceed the amount of this Bond. IN WITNESS WHEREOF , the parties hereto have hereunto set their hands and seals this 13th day of July, 1964. SIDNEY Z.: MENSH CO. , INC. By: /s/ Betty R. Straw- Betty R. Straw, President CONTINENTAL CASUALTY COMPANY By: /s/ George J. McGovern George J. McGovern, Attorney-in-Fact BOND NO. 2228222 1:7 MINUTES OF JULY 27, 1964 MEETING. KNOW ALL MEN BY THESE PRESENTS, that we, Alma S. Myers, E. F. Myers, III, and Anne F. Myers, principals, and Fidelity and De- posit Company of Maryland, Surety, are held bound unto the Town of Leesburg, in Virginia, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, in the ' sum of Sixteen Thousand Dollars ($16,000.00) , the payment whereof well and duly to be made, we bind ourselves, and each of us, our executors, administrators, and assigns. The condition of the aforesaid obligation is such that WHEREAS, Alma S. Myers, E. F. Myers, III and Anne F. Myers desire to sub- ' divide a parcel of land located in the Town of Leesburg, Loudoun County, Virginia, known as Extension of WAGE Drive, South Side of Dry Mill Road including sidewalks, streets, gutters, water lines and storm drains, Dry Mill Subdivision, Section III. • WHEREAS, it is a prerequisite to such subdivision that bond with sufficient surety be given guaranteeing the satisfactory and ac- ceptable installation of improvements consisting of streets, side- walks and gutters, water lines and storm drains, to the aforesaid real estate, all in accordance with the specifications and ordi- nances of the Town and contained in plans and specifications pre- 00 pared by W. W. Wilson and approved by the town engineer and/or Ut manager and the Virginia Department of Highways at the above lo- CD cation and designated as plan, profile and specifications for C.> aforesaid section III. NOW, THEREFORE, if the said Alma S. Myers, E. F. Myers, III and Anne F. Myers shall complete all improvements as prescribed upon the plat and specifications aforesaid within two years from the date hereof , then this bond shall be void , otherwise to remain in full force and virtue. WITNESS the following signatures and seals this 30th day of June, 1964. 111 /s/ E. F. Myers, III (SEAL) Principal /s/ Anne F. Fryers (SEAL) • Principal /s/ Alma S. Myers (SEAL) Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND By /s/ Charles M. Hart , Jr. (SEAL) Attorney-in-Fact Upon motion of Councilman Pumphrey, seconded by Councilman Lowenbach, the following resolution was unanimously adopted: • BE IT RESOLVED by the Town Council of the Town of Leesburg, that $200.00 be appropriated to pay John W. Clemens and $200.00 to pay H. Wendell Kline, in accordance with their invoices for appraisal work on the Harper-Kincaid tract. Upon motion of Councilman Pumphrey, seconded by Councilman Cole, the fol- lowing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to hire an engineer to perform the following services: (a) Make a survey and plat for a strip of land 10 feet wide needed from Loudoun County School Board along the eastern side of Old Waterford Road, from North Street to the northern boundary of the School property, which land is needed for curb and gutter and sidewalk. 15: MINUTES OF JULY 27, 1964 MEETING. • (b) ' Make a survey and plat for a strip of land needed from Union Cemetery, along the eastern side of the Old !Waterford Road, from the Loudoun County School Board property to a point op- posite Ayrlee Avenue , which land is needed for curb and gutter and sidewalk. • (c) Make surveys and plats for a strip of land needed from prop- erty owners on the north side of Market Street , from Ayr Street to Morven Park Road, which land is needed for a side- walk. • Upon motion of Councilman Dodd, seconded by Councilman Pumphrey, the fol- lowing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to construct a 4 foot wide concrete walk in front of 110 E. South Street, property belonging to Steve Savopoulos, on a 50-50 cost basis, with the Town 's cost amounting to approximately $40.00, and which amount to be appropriated under "Capital Outlays - Sidewalk Construction". Upon motion of Councilman Fishback, seconded by Councilman Cole , the fol- lowing Ordinances were unanimously adopted : BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 19-7 of the Town Code be amended to include "Apartment Sites," so that the amended Section shall read : Sec. 19-7. Same--Subdivisions and Apartment Sites-- Water connections. A water connection fee of fifty dollars is hereby set for each connection in subdivisions and apartment sites in which all water mains, corporate cocks and laterals have been installed at the subdivider 's expense. BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 19-8 of the Town Code be amended to include "Apartment Sites, " so that the amended Section shall read : Sec. 19-8. Same--Same--Sewer connections. A sewer connection fee of fifty dollars is hereby set for each connection in subdivisions and apartment sites in which all sewer trunk connections and laterals have been installed at the subdivider 's expense. Mayor Rollins announced that he had appointed Mr. Phillip Brownrigg to the Board of Architectural Review to replace Mr. Louis B. Taylor. Mayor Rollins read to Council a letter from Mr. Hunter M. Leach, Chairman of the Planning Commission. Upon motion of Councilman Cole, seconded by Council- man Pumphrey, the following motion was unanimously adopted : That the Town retain Walter L. Phillips to review all subdivision plats, including, but not limited to, matters of closures , drainage, streets, sidewalks, etc. , and that the engineering work shall be paid for by the subdivider ; and that the Chairman of the Planning Commis- sion is directed not to approve any subdivision plats until said en- gineering fees have been paid and are so certified by the Director of Planning and Zoning. There being no further business, the meeting adjourned with general con- _ sent at 10:20 P.M. iii� — / May-or of th ; Council •/ Form P.C. 1 TOWN OF LEESBURG, VIRGINIA PUBLIC IMPROVEMENTS AND FACILITIES REQUIRED BY THE TOWN IN CONNECTION WITH APPROVAL OF THE SUBDIVISION NAMED BELOW. NAME OF SUBDIVISION NAME OF THE OWNER OF THE LAND NAME OF THE SUBDIVIDER OR DEVELOPER ADDRESS OF SUBDIVIDER OR DEVELOPER PLAN AND PROFILE PREPARED BY: DATE (Name of Engineer or Surveyor) ITEM QUANTITY UNIT UNIT COST ON SITE OFF SITE 1 Grading Cu. Yd. $ $ $ Curb & Gutter LF Driveway entrances each 4 foot si ewalk LF Street paving Sq. Yd. Sanitary sewer( ") LF Sanitary sewer( ") LF Sanitary sewer( ") LF • Sanitary manholes each • Water line( ") LF Water line( ") LF Water line( ") LF 111 Valves & fittings lump • Fire hydrants each Storm sewer( ") LF Storm sewer( ") LF Storm sewer( "J LF Storm sewer( ") LF Manholes each Catch basins each Inlets each Endwalls each SUBrTOTALS $ $ ESTIMATE TO THE_NEAREST DOLLAR = $ NOTE: The above estimate DOES NOT include sanitary sewer and water tappage fees. We have carefully checked the above figures, and have ascertained them to be a reasonable estimate of the costs and quantities. 1 Town Manager or Town Engineer Date CHECKED AND APPROVED: Town Manager Date A Form P.C. 2• TOWN OF LEESBURG, VIRGINIA STANDARD AGREEMENT FOR INSTALLATION OF PHYSICAL IMPROVEMENTS AND FACILITIES IN SUBDIVISIONS. This Agreement, made this day of ,19 , by and between of (Name of Developer) (Street address, City and State) hereinafter referred to as the developer and the Town of Leesburg, a municipal . corporation of Virginia, hereinafter called the Town WITNESSETH: WHEREAS, there are certain lands located within the jurisdiction of the Town of Leesburg which the 'developer proposes to subdivide; and, WHEREAS, the Town Council requires the developer to agree to the following stipulations prior to commencing construction and installation of physical improvements and facilities required by the Subdivision Ordinance of the Town of Leesburg in any subdivision of said land. NOW THEREFORE WITNESSETH, that the parties hereto in consideration of the mutual agreements herein contained, mutually undertake, promise, and agree for themselves, their respective representatives, successors, and assigns as follows: (1) The developer will, at his expense, furnish the materials, perform the work and install the improvements and facilities listed on Form P.C. 1 which is based upon the plan and profile prepared by: , dated , and located in the Town Managers office. The said Form P.-C. 1 is attached to and made a • part of this contract. • (2) The developer is to furnish to the Town Council a performance bond or such other method guaranteeing the installation as is accepted by the Town Council pursuant to the Subdivision Ordinance of the Town of Leesburg. (3) Prior to commencing construction of any physical improvement or facility pursuant to this contract, the developer will obtain, or cause any and all subcontractors to obtain, proper construction permits for the performance of any such work. (11) The developer will pay to the Town such sewer and water tap fees as are required by ordinances existing at the time of this agreement; such payment is to be made prior to beginning any work on said water and sewer lines. (5) Where the work is carried on in or adjacent to any street or public place, the developer shall at his own expense furnish and erect such barricades, fences, lights and danger signals; shall provide such watchmen, and shall take such other precautionary measures for the protection of persons or property and of the work as may be required by the Town Manager. The developer will be responsible for all damage to the work or persons or property due to failure of barricades, signs, lights, and watchmen to protect it. The developer's responsibility for the maintenance of barri- cades, signs, and lights, and for providing watchmen, shall not cease until the project shall have been accepted by the Town. PAGE ONE (1) OF STANDARD AGREEMENT FORM P.C. 2 ON (Title of Plat) (6) The developer shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc; to all water, sewer, and gas lines; to all conduits; to all overhead pole lines or appurtenances thereof; and to all other public or private property along or adjacent to the work, (7) Upon completion of the work and before acceptance, the developer shall clean and remove from the site, the right-of-way and adjacent property, lir , rubbish and temporary structures, restore in an acceptable manner all property;, both public and private which has been damaged during the prosecution of the work, and shall leave the site and vicinity unobstruc- ted and in a neat and presentable condition throughout the entire length of the work under contract. The placing of materials of every character, rubbish or equipment on abutting property, with or without the consent of the property owners, shall not constitute satisfactory disposal. (8) The developer agrees to convey in fee simple to the Town of Leesburg or dedicate all such physical improvements or facilities required by the Council at his costa IN WITNESS WHEREOF THE TOWN AND THE DEVELOPER HAVE EXECUTED THIS AGREEMENT AND AFFIXED THEIR SIGNATURES AND SEALS: . (Developer) By (Witness) .. . (Seal) Attest: (To be used when Developer is a Corporation) Attest: By III (Clerk) (Town Manager) • PAGE TWO (2) OF STANDARD AGREEMENT FORM P.C. 2 ON (Title of Plat) -•. PERFORMANCE BOND Know All Men By These Presents: That we (hereinafter called the "Principal") and , a corporation organized under the laws of And authorized to conduct business in the Commonwealth of Virginia (hereinafter called the "Surety") are held and Ifirmly bound unto the Town of Leesburg, a municipal corporation of Virginia (hereinafter called the "Town"), in the penal sum of Dollars ($ ) for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, successors and jointly assigns for the faithful performance of a certain written contract, dated the day of. , A.D. 19 , entered into between the Pri-'cipaland the Town of Leesburg, a municipal corporation of Virginia, for: A copy of which said contract is incorporated herein by reference, and made a part hereof as if fully copied herein. The condition of this obligation is such, that whereas, the said Principal, has agreed to construct and/or install at his and/or its expense the improve- ments setforth in said contract all in accordance with the specifications and ordinances of the "Town" and contained in plans and specifications prepared by: , and approved by the Town Manager and/or Engineer and The Virginia Department of Highways, at the following location and designated as: ' Now, Therefore, if the said principal shall well and truly perform in It all respects in strict accordance with the requirements within one year from the date hereof, and shall save the "Town" harmless from all loss, cost or damage by reason of their failure to •complete said work, then this obligation to be void, otherwise to remain in full force and effect, In Witness Whereof, this instrument has been executed by duly authorized representatives of the Principal and Surety this day of A.D., 19 Surety Principal By - (Seal) By (Attorney-in-Fact) By (Seal) Title: (Resident Agent) Attest: (Seal) 111 (Secretary)