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HomeMy Public PortalAbout1966_03_23 203 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 23, 1966. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia on March 23, 1966, the meeting being called to order by the Mayor, with a prayer by Councilman Murray. Those present were Councilmen Maurice R. Lowenbach, Jr. , Walter F. Murray, Robert A. Orr and John W. Pumphrey; also present were Town Attorney George M. Martin and Town Manager James W. Ritter , Jr. Absent from the meeting were Councilmen C. A. English Cole and C. Maloy Fishback. The minutes of the meeting of March 9, 1966 were approved as written. Town Manager Ritter reported that, after talking with Johnson and Williams today, the field work on the proposed sewage treatment facilities is about 99 per cent complete, with approximately 2 more days to be spent in the field and then several days to be spent on office work. He also reported that the survey work on the 29-acre tract, etc. should be completed by the end of. next week. Mr. Ritter also reported that the water sampling program has begun at Big Springs. He reported that he had been out to see Mrs. Porter, owner of the Cor- ley School, to explain the program being undertaken by the Town, and that she had agreed that samples might be taken from a hose bibb outside the School. How- ever, she changed her mind later, and called one of the Councilmen and stated 00 that she did not want any of the Town employees taking samples near the house. Mr. Ritter said that samples can be obtained from the pond along Route 15, but 110 O these samples will give a chemical analysis only, no bacteriological analysis. C;' O Mr. Ritter said that Mr. Kestner and Mr. Jeffries of the Culpeper District of the Highway Department were here last week and that the Route 15 project looks very favorable. They were to meet with Mr. Landreth the next day and planned to recommend that this project be included in the 1966-67 Budget. • Tri-County and Perry Engineering Co. have both been notified that it is time for them to finish up the odd jobs on the two storm sewer projects. Town tag sales show an increase over last year of 138 so far. Councilman Lowenbach said he thought representatives of Council should go to see Mrs. Porter and try again to explain to her what the Town's intent is in obtaining samples from Big Springs. Councilman Pumphrey stated that he felt that , if a chemical analysis could be obtained by taking samples from the pond, this practice should be followed. Councilman Lowenbach still believed that someone should talk to her again. Mayor Rollins referred this matter to the Utility Committee, one or more of its members to communicate with Mrs. Porter if they feel it is necessary. Councilman Murray stated that he had received a complaint on a high water bill and thought some formula should be worked out by the Utility Committee to adjust bills if the usage returns to normal the next quarter. Town Manager Ritter reported that the Code provides for a method of adjustment due to leaks and that the Code is adhered to in such cases where excessive bills have been proved to be due to leaks which have been repaired. After discussion of this matter, it was referred to the Utility Committee for recommendation on the specific bill in question. Councilman Pumphrey asked if the smoke bomb tests had been started, to which Mr. Ritter replied that it is hoped they will be started tomorrow. Councilman Orr asked that Council consider extending the sidewalk on Bel- mont Drive to the new school under construction and that this work be done by the time school opens in September. This was referred to the Utility Committee. 111Mayor Rollins asked about the sidewalks being repaired at this time. Mr. Ritter said that the rough surface is brush-finished and the smooth finish is trowel finished, the rough finish being preferred in order to prevent slipping in wet weather. Mayor Rollins reported that the Dunns have agreed to accept the Town's offer of 560,500.00 to purchase their property adjacent to the Town Office Build- ing, and that the contract and deeds are being prepared. 2.04 MINUTES OF MARCH 23, 1966 MEETING. Mr. Ritter reported that the new Police car has not yet been put into ser- vice because it has no radio. The radio ordered for it should be here in 2 or 3 weeks. It can, of course, be used if needed. Mayor Rollins announced the following tentative dates set with .regard to the' adoption of the new Budget : • May 11 - Presentation to Council May 25 - Council to .discuss it June 1 and 8 - Budget to be published in the Times-Mirror June 22 - Public Hearing Mayor Rollins asked that items in the budget for Capital Outlay - Sidewalk and Street Construction - be explained as to what projects the money is to be spent for. Town Attorney George Martin reported that he, Mayor Rollins and Richard E. Hill had gone to the •State Corporation Commission, hoping that the Commission would reverse its position that any lease by the Town has to be advertised for 4 weeks in the local newspaper before a bid can be awarded, this in connection with the lease of land at the Airport to Blue Ridge Aircraft Corp. He said that the Commission would not reverse its position and that compliance of this requirement can be met by publication of bids for 4 weeks. He also asked that ' Council permit him to go before the full Commission •and get a ruling on this re- quirement, since any lease of any Town property would be so affected. He said the Federal Government is quite concerned over this requirement since they have 200 or 300 leases on other properties at various Airports in the State. Mr. Robert Lowe, attorney for Blue Ridge Aircraft Corp. , said he feels that the bids should beipublished, this being the quickest way for his clients to ob- _ tain this lease. Mr. Lowe presented an Amendment to the Lease already approved by the Town, stating that the Laws & Administration Committee and Finance Com- mittee had approved this amendment. He also stated that the term of the lease should be amended to read 15 years, with an option to renew for 5 years, how- ever, no action was taken on this revision by Council. After discussion by Council as to how this situation should be handled, upon motion of Councilman Orr , seconded •by Councilman Pumphrey, Council unani- mously voted to adopt the following amendment to the Blue Ridge Aircraft Corp. lease: AMENDMENT to Lease, made the day of ,19 , by and between the TOWN OF LEESBURG IN VIRGINIA, a municipal corporation, hereinafter referred to as "Lessor", and BLUE RIDGE AIRCRAFT, INC. , a Virginia Corporation, hereinafter referred to as "Lessee". Paragraph 22 of said Lease is annulled and deleted and changed to read as follows: 22. In order to provide security for.-Lenders who will finance the con- ' struction of the new facilities, referred to in Paragraph 9, the parties hereto agree that such improvements shall be the personal property of the Lessee, and may be held by a Lender under a chattel mortgage to se- cure any debt incurred for their construction, until such time as the • debt so contracted is discharged and thb .chattel mortgage released. Upon payment of the indebtedness and release of the security instru- ment, the new facilities shall become a part of the real estate and the terms of the preceding paragraph shall then apply to the new facili- ties. Provided, however , that any•lien against said buildings shall be for no longer period than the termination date of the first 15 year term and shall be null and void at the moment of- said termination date, and said security agreement shall be submitted to the Town for prior approval. All other provisions of the Lease to remain in full force and effect. DATED this day of , 1966. • ATTEST: TOWN OF LEESBURG IN VIRGINIA BY (SEAL) Mayor ATTEST: BLUE RIDGE AIRCRAFT, INC. (SEAL) 205 MINUTES OF MARCH 23, 1966 MEETING. Town Attorney George Martin was authorized to proceed with advertising the lease. Upon motion of Councilman Orr, seconded by Councilman Murray, the follow- ing resolution was placed on the floor for discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg, that Sec. 13-141 of the Town Code pertaining to automobile license plates be amended to read as follows: Sec. 13-141. Amount of fee ; where licenses purchased. The amount of the license fee imposed or provided in Section 13-1*0 shall be Ten Dollars. The licenses shall be purchased' from the Of- fice of the Municipal Treasurer. AND BE IT FURTHER RESOLVED, that this increase in license fee shall be effective with the sale of 1967 license plates on March 15, 1967, and BE IT FURTHER RESOLVED, that this increase in fees on license plates is the first step towards the elimination of taxes on personal prop- 00 erty, with the exception of the tax imposed on motor vehicles. LP; After discussion, upon motion of Councilman Murray, seconded by Councilman Lowenbach, Council unanimously voted to table this resolution and refer it back to Committee. Mr. VanGulick of Chantilly Aviation was present and stated that he had not been advised as to the contents of the Blue Ridge Aircraft Lease, and that he had heard rumors that Blue Ridge planned to construct hangars for leasing pur- poses. He said he understood that Council had more or less promised him that his company's interests would be protected until they could "get on their feet" and that he was not too pleased over competition at this time. He looked over the Blue Ridge Lease and offered no comment. Town Attorney George Martin said that FAA is pushing for the Chantilly Lease changes, in order that this lease might be approved by the FAA. Mr. Ritter explained that the first three pages of this lease had been revised and re- ceived by this office and that he had advised Mr. Cowles, Attorney for Chantilly, of the remainder of the changes requested by FAA in April, 1965 and suggested that he call Mr. Greve of the FAA in order to bring this matter to a quick con- clusion. Upon motion of Mayor Rollins, seconded by Councilman Murray, the follow- ing resolution was unanimously adopted : BE IT RESOLVED by the Town /Council of the Town of Leesburg, that con- struction be authorized foy� curb and gutter and concrete sidewalk on the north side of North Street, and that 51 ,200.00 is hereby appropri- ated for this purpose from Capital Outlay - Sidewalk Construction. Town Manager Ritter stated that the easement across the John Wallace land for storm drainage purposes should be concluded, especially since the work was done on his land quite sometime ago and that interest on whatever we owe Mr. Wallace started at the time we entered upon his land. Upon motion of Council- man Lowenbach, seconded by Councilman Orr , Council voted unanimously that an offer be made to Mr. Wallace for this easement in the amount of $1,675.00, this being the amount set as appraisal by Mr. McK. Downs. ' Upon motion of Mayor Rollins, seconded by Councilman Orr, Council voted unanimously that George M. Martin be authorized .to appeal the decision that the Town must advertise all leases before they can be executed to the State Cor- poration Commission. ' Upon motion of Councilman Lowenbach, seconded by Councilman Murray, Council unanimously adopted the following resolution: 20 &. MINUTES OF MARCH 23, 1966 MEETING. BE IT RESOLVED by the Town Council for the Town of Leesburg, that the 4 Town Attorney be and he is hereby authorized to approach the Board of Supervisors with respect to entering into a joint agreement involving y r the Leesburg Airport, pursuant to the statutes of Virginia. The sewer line easement at the Children's Center was discussed after Mr. Ritter reported that the Attorney for the Center had informed u8• that the Cen- ter could not make any change in the agreements whereby Rice and George have an unrestricted right to tap into the sewer line. No action was taken on the matter. There being no further business, the meeting adjourned with general con- sent at 9 :20 P.M. Mayor i Clerk o t�Council 1 • • • •3 t t 0