HomeMy Public PortalAbout1965_03_01 77
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 1, 1965.
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, Leesburg, Virginia, on March 1, 1965. The meeting was called to order
by the Mayor, with Councilman Pumphrey leading the group in prayer. Those pres-
ent 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 Attorney George M. Martin. Absent from the meeting was Councilman C. Maloy
Fishback.
The Minutes of the regular meeting of February 15, 1965 were approved with
general consent.
Town Manager Ritter reported that American Aluminum Company has installed _
all the explosion-proof outlets at the Airport, with the exception of one 220
outlet on the east wall of the maintenance shop, and that there is still some
wiring to be done. He stated that he had discussed this with Ray Jenkins, Masa- ,
,ger at the Airport, and, according to Mr. Jenkins, the work is about 90 per cent
complete. Mr. Ritter also stated that he would like to make a few remarks about ,
several items on the Agenda at the time they come before the Council.
Mr. Cole asked what progress was being made on the North King Street sewer
investigation. Mr. Ritter stated that during the past week he had secured a Re-
port from Rust Engineering Company, which shows the location of laterals at the
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LCA time their survey was made, and which helps considerably, and that this course
C is being. pursued at this time. Mr. Pumphrey asked if it is positive that there
are two lines that go all the way out to Union Street. Mr. Ritter replied that
U they know the sanitary sewer does and they assume the storm drain does.
Mayor Rollins asked why the No Parking signs had not yet been put up on
South Street. Mr. Ritter said that it had been ordered to be done almost two
weeks ago and' that he would check into this matter.
Mayor Rollins asked for a report on the bond issue. Mr. Ritter said that
Reed, Hoyt, Washburn & McCarthy have been written regarding this, giving them a
break-down on the various items, along with locations of the various projects.
He stated that they had been asked to reply to his telephone call inquring why
they did not want to include the 8157,000 Airport Bonds in this bond issue, but
that no word has yet been received from them. Mr. Ritter also said that this
firm had been advised when the Resolution on the 5650,000 revenue issue was passed
by Council and that the financial report from Johnson and Williams had been sent
to them. He stated that we should have a reply on this within a few days. Mayor
Rollins said that he wanted the machinery set up to go ahead with this bond issue
in order to save time. Town Attorney Martin stated that he: believed this will
have to be a special election.
Mr. Roland Flint, Manager of Virginia Electric & Power Company, addressed
Council , explaining why the bill for Christmas lighting for the year 1964 was
so much higher than previous years. He stated that in 1963, the wattage was 9600
and the lights burned for 17 days 8 hours a day at a cost- of $12.77. This past
year, 1964, the wattage was 15,000, burning 32 days 24 hours a day, at a cost
of $115.20. Mr. Flint suggested that those persons responsible for this lighting,
the merdhants of the downtown section, install separate switches on each pole be-
fore next Christmas, there being 18 poles involved, in order that these lights
might not burn 24 hours a day. Councilman Lowenbach moved the payment of this
bill, but this motion was never seconded. Mr. Flint stated that he would like
to rebill the Town, with the possibility of about a $50.00 reduction in this bill,
if Council would agree to this. Councilman Lowenbach withdrew his motion and ex-
pressed the appreciation of the Council for Mr. Flint 's offer.
Upon motion of Councilman Orr , seconded by Councilman Lowenbach, the follow-
ing resolution was placed on the floor for discussion:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Council. go on record as opposing the sale of the W. & 0. D. Railroad
for the following reasons :
WHEREAS, the abandonment of the W. & 0.. D. Railroad woulfi cause seri-
ous economic loss to the Town of Leesburg and to the several indus-
tries located along the W. & 0. D. roadbed , and
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MINUTES OF MARCH 1, 1965 MEETING.
WHEREAS, the abandonment of the Railroad would greatly increase the
cost of operations of the industries which are now being served by
the Railroad, and .
WHEREAS., the existence of the. W. & 0. D. Railroad. is an incentive
.to future industrial prospects,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council opposes the
sale of the W. & 0. D. Railroad, and that a copy of this Resolu-
tion be mailed to the Washington and Old Dominion, the Board of
Supervisors of Loudoun County and to the Washington and. Old Do-
minion Railroad Users ' Association.
Mayor Rollins moved to amend this resolution, seconded by Councilman Cole, so
that the last paragraph of the resolution would read as follows:
NOW, THEREFORE, BE IT RESOLVED, that the Town Council opposes the
abandonment of the W. & 0. D. Railroad, and that a copy of this
Resolution be mailed to the Washington and Old Dominion Railroad
Users' Association and the State Corporation Commission.
The above amendment was unanimously adopted and, thereafter, the entire resolution
adopted, as amended.
Upon motion of Councilman Orr, seconded by Councilman Pumphrey, the follow-
ing Resolution was unanimously adopted :
BE IT RESOLVED, That The Loudoun National Bank of Leesburg, Leesburg,
Virginia, is hereby designated as a depository of the Town of Lees-
burg, in Virginia, and that a checking account shall be maintained in
said Bank in the name "Leesburg Municipal Airport".
BE IT FURTHER RESOLVED, That checks, drafts, bills of exchange , ac-
ceptances or other orders for the payment of money from said. accounts
shall be signed, on behalf of this Townand in its name, by the Treas-
urer and the Town Manager, both signatures being required. However ,
strict compliance as to the words. "Town Manager" and "Treasurer" ap-
pearing
after the names of. said officers on any of said instruments
for the payment of money from said checking account shall not be re-
quired.
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BE IT FURTHER RESOLVED, That the Treasurer is hereby authorized on
behalf of this Town and in its name, to endorse checks, bills, cer-
tificates of deposit, or other instruments owned or held by this Town,
for deposit in said account or for collection by said Bank; however,
the. endorsement of such instruments may be made by rubber stamp. endorse-
ment containing the name of this Town without signature, or by the en-
dorsement of any person by such writing as to designate that the instru-
ment is intended to be credited to the said account, : "Leesburg Munici-
pal Airport" ; to accept drafts, acceptances and other instruments pay-
able at said Bank; to waive demand, protest and notice of protest, or
dishonor of any check, note, bill. of exchange , draft, or other instru-
ment made, drawn or endorsed on behalf of this Town.
BE IT FURTHER RESOLVED, That The Loudoun National Bank of Leesburg,
Leesburg, Virginia, is hereby authorized 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 ob-
ligation of any such officer , or for. deposit to, his personal account ,
and said Bank shall not be required or be under any obligation to in-
quire as to the circumstances as to the issuance or use of any instru-
ment
signed in accordance with these resolutions, or the application,
and disposition. of such instrument of the proceeds thereof.
AND BE IT FURTHER RESOLVED, That The Loudoun National Bank of Lees-
burg, Leesburg, Virginia, is hereby relieved of and discharged from
any and all liability by reason of the payment of checks, drafts,
notes, bills of exchange, acceptances, or other orders that have here-
tofore been charged against the account of this Town with said Bank, "
79.
MINUTES OF MARCH 1, 1965 MEETING. •
• regardless of the signatures thereto and the manner. in which such sig-
natures were made , and the said Bank is further relieved of and dis-
charged from any and all liability by reason of the acceptance of any
checks, bills of exchange, or other instruments, that have heretofore
been deposited to this account of this Town, styled "Leesburg Municipal
• Airport" regardless of the endorsement thereon and the manner in which
such endorsements were made.
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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 and Treasurer of this Town, and the Clerk of the
Council shall , from time to time hereafter as changes in the personnel
of said offices 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 harmless from any
claims, demands, expenses, loss or damage resulting from, or growing
out of honoring the signature of any officer so certified, or in re-
fusing 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.
JO BE IT FURTHER RESOLVED, That the foregoing resolutions adopted by the
Council of the Town of Leesburg on 1st day of March, 1965, with respect to
Q the account "Leesburg Municipal Airport" shall in no manner affect or in-
= validate resolution adopted by the Council prior to the above date for
the designation of said Bank as depository for other accounts maintained
in said Bank in the name of the Town of Leesburg or other accounts of
the Town whatever their designation.
BE IT FURTHER RESOLVED, that said Bank is hereby authorized and directed
to rely and act upon the foregoing resolutions from and after the date
oftheir adoption and that the foregoing resolutions shall remain in
full force and effect until written notice of their amendment or re-
cission shall have been received and acknowledged by said Bank, and
that receipt of any such notice shall not affect any action taken prior
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thereto.
BE IT ALSO RESOLVED, That the Clerk of the Council is hereby authorized
and directed to certify to The Loudoun National Bank of Leesburg, Lees-
burg, Virginia, the foregoing resolutions : that the provisions .thereof
are in conformity with the Charter and Ordinances of this Town, and the
laws of the State of Virginia. •
Upon motion of Councilman Orr , seconded by •Councilman Pumphrey, the follow-
ing resolution was unanimously adopted after Mr. Ritter explained that he had
signed the -Grant Agreement and that this paper.- was a part of it :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Town Manager be authorized to sign the Federal Aviation Agency forms
titled "Sponsor Assurance to Accompany a Request for Payment of Fede-
ral Funds made after January 30, 1965, in accordance with the Terms
of A Grant Agreement executed prior to January 30, 1965."
Upon motion of Councilman Lowenbach, seconded by Mayor Rollins, the follow-
ing resolution was placed on the floor for discussion: • •
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Town Manager be authorized to secure bids on a }£-ton pick-up utility
truck, with tool boxes.
After a great deal of discussion, a motion to amend this resolution .was made by
Councilman Cole, seconded by Councilman Dodd, to state that this truck would not
be purchased out of this year 's budget but out of the 1965•-'1966 Budget. The amend-
ment was adopted by a unanimous roll call vote and the entire resolution unani-
mously adopted, as amended.
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Mr. Ritter explained to Council a proposed resolution dealing with the pos-
sibility of borrowing funds from the Federal Government in order to finance plans
for public works projects in order that they might be placed under construction
80
MINUTES OF MARCH 1, 1965 MEETING.
when the time comes. He explained that the money is repaid by the applicant,
without interest , when construction starts; if not paid promptly, interest at
the rate of 4 per cent per annum is charged. Advances are generally made for
those items expected to be constructed within 5 years and will not be made for
any project for which Federal grants are available , in other words, it could not
be used on the sewer bond, where the Town expects to get a Federal grant. He
said that favorable action on the application is generally made on projects
where construction is to be started within 5 years. He also stated that it
could mean that where we are under contract with two consulting engineers,
this could mean that we would possibly not be eligible for any advance money.
Mr. Ritter suggested that this matter be referred to the Utility Committee to
pick out a specific project so that we can get the information to fill out the
required form in connection with an advance. Mayor Rollins referred this mat-
ter to the Utility Committee.
Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the
following resolution was unanimously adopted after Mr. Forbes explained that only
the Council could grant the right to encroach over a sidewalk, although this mat-
ter had come before the Board of Architectural Review for consideration and had
been approved by this Board.
BE IT RESOLVED by the Council for the Town of Leesburg that the
Quarles Oil Co. of 11 West Loudoun Street be and it is hereby
granted permission to erect a sign 6 ' X 6 ' which will encroach
over the right of way of West Loudoun Street a distance of 3 feet.
Said sign is to be installed at a minimum height of 16 feet above
the sidewalk.
Council discussed the hiring of an expert appraiser to assist in the acqui-
sition of the necessary rights-of-way for storm drainage easements and in any
condemnation proceedings necessary to acquire said easements. Town Attorney
Martin explained that it would be necessary to have appraisals in order to make
bona fide offers in connection with condemnation proceedings, where this pro-
cedure has to be used in order to obtain the easements necessary for this proj-
ect. After discussion, Council decided to wait on this matter until after Mr.
Ritter had set a deadline date for signing of these easements and see how
many properties would have to be appraised. He set a deadline of March 15th
on the Woodberry Road project.
Mr. Ritter explained to Council just what would be involved in making the
proposed improvements on North King Street, stating that the removal of 8 trees
would be included. It was proposed that .the State Highway Department be asked
to set up these improvements in accordance with drawings prepared by Walter L.
Phillips on August 14, 1964. However, after discussion of this project, motion
was made and seconded that this matter be referred to the Public Works Committee.
This motion .passed , with Mayor Rollins voting against it.
Upon motion of Councilman Orr , seconded by Councilman Pumphrey, the following
Ordinance was unanimously adopted :
BE IT ORDAINED by the Town Council of the Town of Leesburg, that a new
section be added to the Town Code which provides for the payment of a
fee for the privilege of soliciting in the Town of Leesburg.
Sec. 15-48.11 - Same - Fee.
The fee for such certificate shall be $5.00, which shall be
paid to the Treasurer of the Town of Leesburg at the time that
. the "Certificate of Registration" is issued to the applicant.
Mr. George Hammerly, Chairman of the Airport Commission, stated that the
Performance Bond on Chantilly Aviation, Inc. will be in the mail within the
next .few days and will be sent to Town Attorney George Martin for his ap-
proval.
[Mayor Rollins presented a letter from Mr. VanGulick, operator of the Air-
port, stating that. he. was unhappy that the American Aluminum Company had not
completed their job and that Chantilly Aviation felt they had been inconvenienced
by the work that had been done by them and were being further inconvenienced since
this work had not yet been completed. Mr. Hammerly suggested that a reduction in
rent might make amends for this inconvenience, however, no action was taken with
regard to this. Mr. Hammerly stated that he believed the completion bond on this
MINUTES OF MARCH 1 , 1965 MEETING.
job with American Aluminum Company should be invoked and the job finished and
the Airport Commission hold his money. It was decided to give American Alumi-
num two more weeks and , if work is not completed in that time , some action will
be- taken.
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Mr. Hammerly also stated that the Airport Commission had paid $9,420.00
in advance interest on the Airport project and requested that the interest check
from John Wallace and Aaron Paulson in the amount of $4,710.02 be refunded to the
Airport Commission. He stated that the Commission had not known that there would
be any interest payments when the first budget was prepared, and that they would
-need the $9,000 plus- in interest in order to pay off completely the various con-
tractors on the Airport. He also said they had not anticipated having to pay ap-
proximately $10,000 for the piece of land on the end of the Airport. He appealed
to Council to refund this check to the Commission and to earmark it for Airport
Federal settlement. He did say that they were not holding up anything for lack
of FAA funds.
Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, Council
voted unanimously by roll call vote that the $4,710.02, which represents interest
on the Airport property from September 1, 1964 to March 1 , 1965 from John A. Wal-
lace and Aaron A. Paulson, be appropriated to the Airport Commission Account.
Mr. Hammerly also reported that Mr. VanGulick was making plans for starting
an annual "Aviation Day in Leesburg" in the spring of each year and that he would
like to know if the Town and the Airport Commission would like to appropriate
C.) some small amount for advertising of this project. Mr. Hammerly stated that the
() Airport Commission would recommend that perhaps $100.00 be appropriated to keep
good faith with Mr. VanGulick. The Airport Commission was asked to recommend a
resolution with regard to this for the Agenda for the next regular meeting.
Mayor Rollins directed Mr. Hammerly to answer the letter from E. E. Lyons
Construction Company re their last payment for work done at the Airport.
There being no further business, the meeting adjourned with general consent
at 9:15 P.M.
4aor
Clerk of he Council
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