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HomeMy Public PortalAbout1964_12_07 4[6 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 7, 1964. A regular meeting of the Leesburg Town Council was held in the Council Cham- bers, Leesburg, Virginia on December 7, 1964. The meeting was called to order by the Mayor, with Councilman Pumphrey leading the group in prayer. Those present were Councilmen C. A. English Cole, C. Grey Dodd, Maurice R. Lowenbach, Jr. , Robert A. Orr and John W. Pumphrey ; also Town Manager James W. Ritter , Jr. and Town At- torney George M. Martin. Absent from the meeting was Councilman Fishback. The minutes of the meeting of November 23, 1964 were approved with one change, that being on Page 45 and referring to the resolution requesting the Highway Department to accept the streets in Section 5 of Prospect Hills Subdivision. This change would make this resolution read as follows : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the . State Highway Department be requested to take into the Secondary Sys- tem Section 5 of the Prospect Hills Subdivision, described as being an extension of Rt. T-1012 (Prospect Drive) to Valley View Ave. , and also Valley View Ave. from the intersection of the aforementioned extension to the right-of-way of the W. & 0. D. R. R. Mr. Dewey Hill , an interested citizen, addressed the Council , seeking some solution to the traffic congestion at the corner of Market Street and Wirt Street during the hours when children are going to and from school. He suggested that the Town look into this situation, that perhaps a policeman could be on duty at this intersection between the hours of 8 :30 to 9 :00 A.M. and 3 :15 to 3 :45 P.N. He also remarked that the intersection of Loudoun and Ayr Streets is a bad one at schoo: hours. Mr. Ritter was asked to see what could be worked out with the Police on this matter. Mr. George Hammerly, Chairman of the Airport Commission, addressed Council regarding the maintenance hangar at the new Airport, stating that the Commission had turned over the matter of Mr. Brice , representing American Aluminum Company, not fulfilling his contract to their attorneys prior to October 24th. He stated that the Commission has not authorized any painting in the hangar , nor has any been done at their direction and Mr. Watkins has done none , although they are aware that some painting has been done in a more or less haphazard way. Most of this was done though prior to the heat being turned on in the building and was done by individuals. He stated that the heating system seems to be the danger-' ous part of any spray painting being done in this building, but since notifica- tion from the Electrical Inspector , the Commission has placed signs in the buila- ing stating that no painting shall be done , thereby relieving the Town and the Com- mission from any liability in this regard. He stated that the biggest problem seems to be that Mr. Brice does not want to complete the work, that he is under bond and that it is costing the bonding company money daily. A letter was written to American Aluminum Company by the Commission's attorneys on October 24th and Mr. Hammerly stated that he feels it is time for the attorneys to go ahead and get rough with this situation. He stated that the things needing to be completed seem to be relatively small items and that the Commission has been after Mr. Brice each week to get this job completed, but all they ever get is promises. Colonel John Paxton also addressed the Council in regard to this matter , stating that there were no detailed plans and specifications for these buildings. It was his job, as engineer, to see that a good job of -construction was done , even without detailed specifications, and he feels that this has been done, although there were times when the contractor was asked to do certain things over again. He stated that there was a penalty clause in the contract if. the contractor went over the 60-day period allowed to complete the maintenance hangar , and that this 60 days was. up in September. It was October before he suggested that this penalty clause be invoked because the building was not at that time completed. He stated that the 10 percent withheld would just about cover the penalties that have been invoked, so he feels that the contractor would have no valid complaint about not being paid for this work. He again stated that his main interest was in seeing that a good job of construction was done , that they were not inspectors on this job in any way. He did state that it was anticipated initially that there would be at least some spot painting done from time to time in any sort of shop, but that it was not their intent that it be a paint shop in any way. Mr. Cole asked if there were no plans, to which Colonel Paxton replied that there were merely sketch plans , but no detailed specifications. Mr. Cole then asked how it was submitted for bids. Colonel Paxton said there were no bids, that the Airport Commission, in consultation with him (Colonel Paxton) , called for three companies to submit their ideas as to the structures that were needed MINUTES OF DECEMBER 7, 1964 MEETING. at the Airport and the cost of same. American Aluminum was by far the cheapest in what was desired, and they submitted some drawings and a contract as to size of the buildings , etc . , but there were no detailed specifications. These are pre- fabricated stock sort of structures that can be modified to fit each requirement and situation. Mr. Cole zsked what stipulations were in the contract regarding the buildings being fireproof. Mr. Hammerly replied that explosion-proof lights, sockets and furnace would be needed to make it fireproof, but that the furnace was not being discussed here. The lights and sockets would probably run about 5400.00. Mr. George Joy, the Electrical Inspector for the County of .Loudoun, stated that he normally required that with regard to explosion-proof fittings that they follow the Code right down the line. He stated that it would certainly make him look ridiculous to require certain things according to the Code and then have an • open flame heater right above it . Regardless of whether spray painting is done or not , you still would have gas fumes, for the furnace uses bottled gas. Councilman Lowenbach stated that he believed that the Commission had done all it could in putting up notices that no spray painting was to be done and he would recommend that the Airport Commission proceed against Mr. Brice. He said he was in complete sympathy with Mr. Joy and that he believed that his office UD had been most cooperative in this matter. Mayor Rollins ordered the Commission O to make sure that notices are posted that no spray painting shall be done and = that Mr. 3rice be ordered to proceed with the contract. Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the following Ordinance was unanimously adopted : ORDINANCE To accept Amendment No. 1 dated November 20, 1964 to Grant Agreement For Project No. 9-40-014-C401 (Contract No. FA-EA-441) 111 The Town of Leesburg hereby ordains : 1. That the Town of Leesburg, Virginia shall enter into Amendment - No. 1 dated November 20, 1964 for the purpose of revising the prop- erty acquisition requirements under Project No. 9-44-014-C401. A copy of said Amendment No. 1 is attached hereto and made a part of this ordinance. 2. That the Town Manager , James W. Ritter , Jr. is hereby author- ized and directed on behalf of the Town of Leesburg to execute the said Amendment No. 1 on behalf of the Town of Leesburg and the Clerk of said Town of Leesburg, Dorothy B. Rosen, is authorized and di- rected to affix the seal of the Town of Leesburg thereto and attest said execution. 3. That the Grant Amendment referred to shall be as follows: AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 9-44-014-0401 (Contract No. FA-EA-441) • Effective Date of Amendment : November 20, 1964 Leesburg Municipal (Godfrey) Airport Leesburg, Virginia x; WHEREAS, the Federal Aviation Agency (hereinafter called "FAA") has determined that , in the interests of the United States , the Grant Agreement relating to the above numbered project and entered into by and between the United States of America, acting by and through the FAA, and the Town of Leesburg, Virginia, (hereinafter called "Sponsor") and executed by the Sponsor on July 8, 1963 , should be amended as hereinafter provided, NOW, THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA, acting for and on behalf of the United States, on the one part, 4. 8 MINUTES OF DECEMBER 7, 1964 MEETING. and the Sponsor , on the other part, do hereby agree that the said -Grant Agreement be and the same hereby is amended, as follows: 1. By deleting the Exhibit "A" dated March 1 , 1963, as re- vised per Airport Redesign 31 May 1963, and all refer- ence thereto in the Grant Agreement and substituting in lieu thereof the Exhibit "A" as revised per Area 2 Change - 28 September 1964, which is attached hereto. 2. By deleting Condition No. 12 on Page 3B of 4 pages and sub- • - stituting in lieu thereof the following: 12. The land acquisition - eferred to in the project de- 111/ scription, appearinde second "WHEREAS" clause on Page 1 of this Grant Offer , shall consist of : a) fee simple title , free from exceptions, encum- brances and adverse interests objectionable to the FAA, in and to Area 1 and Area 2 as shown on the property map attached as Exhibit "A" to the Project Application, and b) property interests in .Area 2A and 3, as shown on such property -map, giving the Sponsor enough control to clear such areas of all obstructions (objects so far as they project above -the approach surface established by Technical Standard Order N-18) and to prevent the creation of future ob- structions, together with rights of entrance and exit for those purposes, to assure the safe and unrestricted passage of aircraft in and over such areas. • IN WITNESS WHEREOF , the parties hereto have caused this Amendment to the said Grant Agreement -to be duly executed. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY r . By - Director , Eastern Region TOWN OF LEESBURG, VIRGINIA By - Date y -Date of Execution Title Town Manager (SEAL) Attest : Title : Town Clerk • CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attorney for Town of Leesburg, Virginia, (hereinafter referred to as "Sponsor") do hereby certify : That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto', and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the Commonwealth of Virginia, and further that, in my opinion, said Amend- ment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Leesburg, Virginia, this _ day of ,1964. Title Town Attorney 49 MINUTES OF DECEMBER 7, 1964 MEETING. Mayor Rollins reported that the lawyers for Chantilly Aviation, Inc . were -.i still working on the paragraph re refinancing in the agreement between Chantilly Aviation and the Town. Mr. Rollins, without objection of Council, ordered that ` the Clerk write a letter to Mrs. Sommers, Loudoun County Zoning Administrator, 7 stating that Council has authorized the Town Manager to sign the application for a special -use permit to operate a commercial airport. Mr. Hammerly reported that Mr. Watkins has given notification that he has been employed by another firm effective December 15th, and that Chantilly Avia- tion, Inc. is going to operate the airport on a monthly basis until such time as they take it over under lease. Town Manager Ritter reported that 90 per cent of the 1964 taxes have been collected as of this date, adding that 5595,000 had been budgeted from the col- lection of these taxes and that 385,000 has been collected as of this time. Mr. Stanley Caulkins reported that the Federal auditor is here today and tomorrow to make a final audit of the Airport Commission books. It was decided that the Clerk would notify Airport Commission members when their presence is desired at Council meetings. 00 LCA Mr. Robert Richardson and Mr. Donald W. Devine, representing South Central CO Corporation, were present and Mr. Devine presented a proposed paragraph to be added to the lease presented at the last meeting, along with a sketch showing the C� proposed location of their building. After discussion on this added paragraph and sketch, the Mayor , without objection from Council , asked that these two papers pre- sented by Mr. Devine be included in the South Central Corporation Lease, which lease is to be presented again to Council for final approval at a later date. A copy of the sketch is attached hereto and the added paragraph reads as follows: "X. This lease may be cancelled by the Town of Leesburg upon a deter- mination by the Federal Aviation. Agency that the glider operation is hazardous to powered traffic . If such cancellation takes place, South Central shall have a reasonable time within which to move its improve- ments on the leasehold, or to otherwise dispose of them. " I • Upon motion of Councilman Dodd, seconded by Councilman Lowenbach , Council voted • ' unanimously that there would be free parking at all meters in the Town for two weeks prior to Christmas. Upon motion of Councilman Cole , seconded by Councilman Orr , the. following resolution was placed on the floor for discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the action taken by the Council on Oct. 26 , 1964, authorizing a feasibility study of "Big Springs", be rescinded. • After discussion, it was moved by Mayor Rollins and seconded by Councilman Cole, that this motion be tabled until the next meeting, all Councilmen voting for this motion, except Councilman Lowenbach, who voted Nay. Mr. Ritter was asked to in- vestigate how much a study of all possibilities for a water supply for the Town would cost. Upon motion of Councilman -Cele, seconded by Councilman Pumphrey, the follow- ing resolution was placed on the floor for discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg, that funds be -appropriated to clean out firemen 's well and determine dependable production. The Town Manager reported on the situation at this well , stating that if we pumped it out we would probably have muddy water for a time, as we had before this well was put on a time clock and before Paxton was put into operation. The Manager explained that the Firemen 's Well is actuated by a time clock. It pumps for a period of 534 hours, and then off for 21/2 hours, on for 5/ hours, off for 21, • so that the pump works for 161 hours in a 24 hour day, or 70 per cent of the time. He explained that this period of pumping should be the maximum that we can expect from -this well. He stated that Johnson and Williams had pointed out that ex- cessive pumping might injure the productivity of the well. A roll call vote was taken on this motion showing a defeat of 4 to 1 , Councilman Orr voting against the motion and Councilman Cole abstaining from voting. I 5Q MINUTES OF DECE!•iBER 7, 1964 MEETING. . Upon motion of Councilman Cole , seconded by Councilman Orr , the following resolution was placed on the floor for discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg, that reasonable notice be given owners to remove junk cars from their property, in accordance with Sec. 15-77.31 of the Code of Virginia. After discussion, it was decided that this matter should be referred to the Laws and Administration Committee. Upon motion of Mayor Rollins, seconded by Councilman Orr , the following • resolution was unanimously adopted as a policy of the Town : BE IT RESOLVED by the Council for the Town of Leesburg, that any area utilized or to be utilized for street purposes not subject to the Sub- division Ordinance must be constructed in accordance with Town and State Standards and Specifications before the Town of Leesburg will become responsible for the maintenance thereof or approve subsequently any subdivision plat which incorporates said area• therein. A resolution regarding the terms of membership on the Planning Commission was referred to the Laws and Administration Committee. Mr. Paul Brice , representing American Aluminum Company, appeared at this time and Councilman Cole reported to him that testimony presented earlier in the meeting by Mr. Hammerly, Mr. Joy and Colonel Paxton seemed to indicate that he had not complied with the Electrical Codes of the County in construction of the buildings at the new Airport. Mr. Brice retorted that the contract called for them to comply with the National Electrical Code and that he felt they had done this. He apologized for being late in arriving at this meeting and stated that he was sorry he was not present to defend himself earlier in the evening. Mr. Cowles, representing Chantilly Aviation, Inc . also addressed Council, stating that he thought they had about reached a decision as to the method of financing the hangars to be constructed by Chantilly Aviation and that this i. would be incorporated into the lease. He explained to Council how Chantially A--' i- 'v 4 tion planned to handle this situation. There seemed to be no opposition to ' this method by Council and the Mayor asked Mr. Cowles to have this lease ready for the next meeting on December 21st. - • Mr. Brice announced at this time that he had located his copy of the speci- fications on the buildings at the Airport , but that he did not have a copy of the contract with him. Mr. Cole read <xcerpts from these specifications. Mayor Rollins moved that Ayr Street be made a one-way street from Loudoun Street going north to Route 7. .This motion was dropped for lack of -a second. • Councilman Cole stated that he had a request from Mr. Charles Stallings that he be permitted to dump the sewage pumped out of his septic tank twice a year into the Town 's sewer system since he paid taxes. This matter was discussed, but no action taken on. it. Mayor Rollins asked that trash on Catoctin Circle between the Safeway Store and Reed Johnsons 's be cleaned up' and that the property owner of the ABC Store be requested to clean up around his -property. Councilman Cole cited Section 15.1-73 of the Code of Virginia, which section states that .no agent of the Town shall conduct any private business with the Town for pay. Councilman Cole pointed out that Mr. Hammerly is an agent of the Town by virtue of being Chairman of the Airport Commission and that , since ir: Ham- merly stated earlier in this meeting that he had written the insurance on the buildings located at the new Airport, he (Councilman Cole) would consider the insurance on these buildings to be void .under this section of the Code. Council authorized the Mayor to sign .an agreement between the Town and Mrs. Kincaid and Mr. Norman, Trustee , with regard to an .offer made on behalf of the Town for land on the Kincaid property to be used for sewage treatment facilities. There being no further business, the meeting adjourned at 10:00 P.M. tr1a O ' Clerk of the/Jountil ,. z } 1, v d or 9 \\ l 1 p • • • it • IL ..r S . i�R D \ . Aie P ...:.......%.%....%%%-1.4%.*3/4•H .. Ir • ; . . . _ _ . �._ _ . • • . i 16 R , ...e. • • `y — aM : . t ham, . . . { .I'•.,