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.
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