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HomeMy Public PortalAbout1967_01_11 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 11, 1967 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 12 W. Loudoun Street , Leesburg, Virginia on January 11, 1967. The meeting was called to order by the Mayor , with Councilman Cole offering the prayer. Those present were : Mayor Kenneth B. Rollins, Councilmen C. A. Eng- lish Cole , C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Walter F. Murray, Robert A. Orr and John W. Pumphrey; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. The Minutes of the meeting of December 28, 1966 were approved with general- consent. II/ Town Manager James W. Ritter reported that the Telephone Co. had today moved poles back on the N. King Street project, these poles now appearing to , be in the middle of the sidewalk. They are , however, they are set on the basis that they will be in the center of the 2-foot median immediately in back of the new curb to be installed on the project. It is hoped that work will start on this construction when the weather opens up. • Mr. Ritter also called to attention one item appearing on the Agenda. The Highway Department is now requiring subdividers to put up a defect bond; a N $2,500.00 bond for one year has been required for Virginia Knolls, Section 2. N This is something new here , although this rule has been in effect for quite some time, but never enforced here. Although this will do no. good for the Csubdivisions now being built, if adopted by the Town, it will affect those U built in the future. This will protect the Town against any defects in ma- terials or workmanship for a period of one year-. Councilman Cole asked that holes in front of 42 S. Harrison Street be repaired. Councilman Pumphrey inquired whether a policeman had yet been hired, to which Mr. Ritter replied "No. " Mayor Rollins read to Council a letter from Mr. R. K. Gheen concerning ' the number of vacant offices in downtown Leesburg. The Mayor also read to Council his reply, and asked that the Planning Commission make a study of this situation and make some recommendation to improve this plight. (Letters attached hereto) Mayor Rollins asked that Council members remain for executive session after this meeting to discuss the appraisal of the Kincaid land. He also asked Mr. Cole to take up with the Finance Committee the appraisal on Potters Field and to recommend a specific amount for this property. A bid was opened at this time from Frederick Cablevision, Inc. for the franchise to operate a Community Antenna Television System in the Town, this being the only bid received for this francise. (Bid attached hereto) The following four alternative bids were proposed: (1) A payment of 1% of total monthly subscriber fees the first year, 2% the second year, 3% the third, 4% the fourth, and 5% the fifth year. (2) A payment of $500 the first year, $750 the second, $1 ,000 the third and thereafter. (3) 8% of net profit the first year , 9% the second , 10% the third year , and thereafter. (4) A payment to the City of whichever of the first three alter- ' nates affords the highest amount. Mr. John I. Hanly, President of this Corporation, and Mr. Pennington, the engineer , were present to answer several questions posed by various Council members. Mr. Samuel D. Engle and Mr. Wilbur C. Hall , attorneys for the Cor- poration, were also present. Upon motion of Councilman Lowenbach, seconded by • ' Councilman Murray, Council voted unanimously to accept Method No. 4, which is payment to the City of whichever of the first three alternates affords the highest amount. Mayor Rollins asked if this cable would affect other tele- vision 'sets and radios not on the cable. Mr. Pennington replied that there should be none , butthat it would be corrected if such should occur. It is hoped that this System will be in operation for the fall football season. MINUTES OF JANUARY 11, 1967 MEETING. Upon motion of Mayor Rollins, seconded by Councilman Lowenbach, the fol- lowing Ordinance was unanimously adopted : • AN. ORDINANCE GRANTING UNTO FREDERICK CABLEVISION, INC. , ITS SUC-_ CESSORS AND ASSIGNS, A FRANCHISE, RIGHT OF CONVENIENCE OR PRIVI- LEGE TO ERECT, OPERATE AND MAINTAIN POLES, CABLES , AND ALL OTHER , , ELECTRICAL EQUIPMENT, STRUCTURES , OR. FIXTURES NECESSARY AND INCI- DENTAL TO THE OPERATING OF A COMMUNITY ANTENNA SYSTEM SERVICE AND CLOSED CIRCUIT TELEVISION TRANSMISSION SERVICE, SUBJECT TO THE LIMITATIONS AND RESTRICTIONS HEREIN SET FORTH UNDER, OVER, UPON, AND ACROSS THE STREETS, ALLEYS, SIDEWALKS, AND PUBLIC PLACES OF II/ !;• • THE TOWN OF LEESBURG, VIRGINIA, FOR THE PURPOSES OF ERECTING, OPERATING AND MAINTAINING A COMMUNITY ANTENNA SYSTEM AND CLOSED CIRCUIT TELEVISION TRANSMISSION SERVICE FOR THE USE OF THE RESI- • DENTS AND CITIZENS OF SAID TOWN, AND FOR THE PERSONS, FORMS, AND CORPORATIONS DOING BUSINESS THEREIN, AND TO USE THE PROPERTY OF OTHER COMPANIES UPON SUCH ARRANGEMENTS AND CONDITIONS AS THE COM- PANIES MAY AGREE. BE IT ORDAINED, by the Council of the Town of Leesburg, County of Loudoun, State of Virginia: SECTION 1. Short Title. This Ordinance shall be known and may be cited as the "COMMUNITY ANTENNA TELEVISION FRANCHISE ORDINANCE." SECTION 2. Definitions.. For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singu- lar number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "Town" is the Town of Leesburg, Virginia. (2) "Company" is the grantee of rights under this Franchise. (3) "Council" is the Town Council of the Town of Leesburg, Vir- ginia. (4) "Person" is any person, firm, partnership, association, cor- poration, company or organization of any kind. SECTION 3. Grant of Authority. There is hereby granted by the Town to the Company the right and privilege to construct, erect, operate , and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof , and additions there- to, in the Town, poles, wires, cables, underground conduits, man- holes and other television conductors and fixtures necessary for the maintenance and operation in the Town of a community television sys4 tem for the interception, sale and distribution of television signals. SECTION 4. COMPLIANCE with Applicable Laws and Ordinances. The Com- pany shall, at all times during the life of this Franchise, be sub- • ject to all lawful exercise of the police power by the Town, and to such reasonable regulation as the Town shall hereafter by resolution or ordinance provide. SECTION 5. COMPANY LIABILITY--Indemnification. It is expressly un- derstood and agreed by and between the Company and the Town that the Company shall save the Town harmless from all loss sustained by. the Town on account of any suit, judgment, execution, claim, or demand whatsoever , resulting from negligence on the part of the company in the construction, operation or maintenance of its television system in the. Town. The Town shall notify the Company's representative in the Town within Ninety (90) days after the presentation of any claim or demand, either by suit or otherwise, made against the. Town on ac- count of any negligence as. aforesaid on the part of the Company. 3 MINUTES OF JANUARY 11 , 1967 MEETING. •• The Company shall also take out and maintain throughout the term of this grant insurance against personal injury with limitations of not less than $100,000 - $300,000, and insurance against property damage in the amounts of not less than $50,000 - $100,000 for the benefit of the Town of Leesburg, Virginia. • SECTION 6. The Company shall install its poles, wire, cables, fix- tures and appurtenances in accordance with the requirements of the National Electrical Code and the current edition of the National Electrical Safety Code, and so as not to interfere with the instal- lation of the Town, or of any public utility engaged in serving the Town. All poles, posts, or other structures, and all lines, equip- ment and connections in, over, under and upon the streets, sidewalks, alleys and public grounds or places of the Town, wherever situate or located , •shall at all times be kept and maintained in a safe, suit- able and substantial condition, and in good order and repair. • SECTION 7. The Company shall furnish the Council , and keep filed with the Town Manager , true and accurate maps or plats of all exist- ing and proposed installations, and the Town hereby reserves the N right at all times to reject any proposed installation whose man- C4 ner or place of construction it deems contrary to public interest, N and may order and direct the Company, at its own expense , to move the location or alter the construction of any existing installation wherever the Council deems the public interest to require such re- moval or alteration, having due regard to the equities of the par- ties concerned and the purpose of this grant. SECTION 8. Conditions on Street Occupancy. (1) Use. All transmission and distribution structures, lines and equipment erected by the Company within the Town shall be so to cated as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum inter- ference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. (2) Restoration. In case of any disturbance of pavement, side- walk, driveway or other surfacing, the Company shall, at its own cost and expense and in a manner approved by the Town Inspector, replace and restore all paving, sidewalk, driveways or surface of any street or alley disturbed, in as good condition as before said work was commenced , and shall maintain the restoration in an approved condition. • • (3) Relocation. In event that at any time during the period of this Franchise the •town shall lawfully elect to alter , or change the grade of , any street, alley or other public way, the Company, upon reason- • able notice by the Town, shall remove, relay, and relocate its poles, wires,• cables, underground conduits, manholes and other telephone fix- tures at its own expense. • (4) Placement of Fixtures. The Company shall not place poles or other fixtures where the same will interfere with any gas, electrid or tele- phone fixture , water hydrant or main, and all such poles or other fix- tures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line , and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and them in such a manner as not to interfere with the usual travel on ! , said streets, alleys and public ways. . (5) -Temporary Removal of Wire for Building Moving. The Company shall, on the request of any person holding a building moving permit issued by the Town, temporarily raise or• lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lower- ing of wires shall be paid by the person requesting the same, and the Company shall have the authority to require such payment in advance. The Company shall be given not less than forty-eight hours ' advance notice to arrange for such temporary wire changes. 4 MINUTES OF JANUARY 11, 1967 MEETING. (6) Tree Trimming. The Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Town so as to prevent .the branches of such trees from coming in contact .with the wires and cables of the Company, all trimming to be done .under the supervision and direction of the Town and at the expense of the Company. (7) Existing poles, posts, and other such structures of telephone and power companies for leasing or licensing at reasonable terms • shall be used as practicable in order to minimize interference with travel. . SECTION .9. Approval of Transfer. The Company shall not sell .or transfer its plant or system to another , nor transfer any rights under. this Franchise to another without Council approval. . Pro- vided, that no sale or transfer shall be effective until the ven- dee, assignee or lessee has filed in the office of the Town Clerk an instrument , duly executed , reciting the fact of such sale, as- signment or lease , accepting the terms of the Franchise, and agree- ing to perform all the conditions thereof. SECTION 10. Town Rights in Franchise. (1) Town Rules. The right is hereby reserved to the Town to adopt, in addition to the provisions herein contained and existing appli- cable ordinances, such additional regulations as it shall find nec- essary in the exercise of the police power, provided that such regu- lations, by ordinance or otherwise , shall be reasonable, and not in conflict with the rights herein granted, and shall not be in conflict with the laws of the State of Virginia. (2) Supervision and Inspection. The Town shall have the right to supervise all construction or installation work performed subject to the provisions of this Ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordi- nances. (3) All rights, rights of way, and easements hereinabove designated shall remain the property of the Town. Until such time as said poles or other equipment are actually installed, and in the event of future T---' removal of said equipment, said rights shall immediately revert to the Town and be automatically cancelled. Should said rights not sooner revert to the Town, then this grant shall terminate and expire thirty . (30) years from the effective date hereof. It being understood that the Company ; shall have the right at any time during the. effective term of this grant to surrender and relinquish all of its rights here- under and thereupon be released from its duties as. herein required. Surrender , by the. Company, of this grant shall be preceded by a writ- ten notice of its intention so to do at least six (6) months before the surrender date. On the surrender date specified in such notice, all of the rights and privileges and all of the obligations, duties and liabilities of the Company under this, ordinance, except as to the extent previously accrued hereunder , shall terminate. SECTION 11. Payment to Town. Amount of payment to be determined by bid. SECTION 12. The Company shall at all times operate and maintain its community antenna system in such manner as not to interfere with exist- ing television reception, including interference by radiation. Once interference has been established , if the same be not corrected within a reasonable time following notice given to the Company by . the Town, the Town, by action of its Council , may terminate this grant. SECTION 13. Records and Reports. The Town shall have. access at all reasonable hours to all of the Company 's plans, contracts, and engi- neering, accounting, financial , statistical, customer service rec- . ords relating to the property and the operation of the Company and to all other records required to be kept hereunder. The following rec- ords and reports. shall be filed with the Towh Clerk and in ' the local office of the Company: 5 MINUTES OF JANUARY 11, 1967 MEETING. (1) Company Rules and Regulations. Copies of such rules, regula- tions, terms and conditions adopted by the Company for the conduct of its business. (2) Gross Revenue. An annual summary report showing gross revenues received by the Company from its operation within the. Town during the preceding year and such other information as the Town shall request with respect to properties and expenses related to the Company's service within the Town. SECTION 14. Publication Costs. The Company shall assume the cost of publication of this Franchise as such publication is required by law. A bill for publication costs shall be presented to the Company by the Town Treasurer upon the Company 's filing of acceptance and shall be paid at that time. SECTION 15. Removal. In the event the successful bidder fails to put the community antenna into operation within:.one (1 ) year after a- warding of franchise , or if he fails to continue to operate the same for any reason, then he shall be responsible for removing, or the C4 cost of removing, all poles and equipment from the Town within a Cit period of one (1) year from the time of cessation of operation. CV Upon motion of Councilman Murray, seconded by Councilman Pumphrey, Council V voted that bond on this franchise be set at $2,000.00. Councilman Fishback abstained from voting on this motion. Upon motion of Councilman Fishback, seconded by Councilman Lowenbach, the following resolution was unanimously adopted : , WHEREAS, Almighty God , in his infinite wisdom, has removed from our midst, Edwin S. Dailey, who died at his home in Leesburg, Virginia, on Thursday, December 15, 1966; and WHEREAS, Mr. Dailey served the Town of Leesburg as its Mayor for the years 1951 through 1953; and WHEREAS, Mr. Dailey, as a lifelong resident of Leesburg, was a respected citizen and active civic leader; NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, that the Mayor and members of Council do hereby ex- tend to Mr. Dailey 's family their deepest sympathy in this their hour of sorrow; and BE IT FURTHER RESOLVED by the Council for the Town of Leesburg, that this resolution of respect be spread upon the minutes of this meeting and that a copy thereof be sent to the members of his family, and a copy be forwarded to the Loudoun Times-Mirror. Upon motion of Councilman Orr , seconded by Councilman Pumphrey, the fol- lowing resolution was unanimously adopted : WHEREAS, Almighty God , in his infinite wisdom, has removed from ' our midst , Judge J. R. H. Alexander , who died on December 31 , 1966 ; and WHEREAS, Judge Alexander served the Town of Leesburg as its Mayor for the years 1909 through 1911 ; and • WHEREAS, Judge Alexander was a respected citizen and outstanding jurist; NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, that the Mayor and members of Council do hereby extend to Judge Alexander 's family their deepest sympathy in this their hour of sorrow; and BE IT FURTHER RESOLVED by the Council for the Town of Leesburg, that this resolution of respect be spread upon the minutes of this meeting, and that a copy thereof be sent to the members of his family, and a copy be forwarded to the Loudoun Times-Mirror. MINUTES OF JANUARY 11, 1967 MEETING. Upon motion of Councilman Pumphrey, seconded by Councilman Fishback, the following resolution was unanimously adopted : 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 0.115 miles of streets having curb and gutter and sidewalk and 50', of right-of-way in Section 2; of Exeter Hills Subdivision, which have been built in accordance with Town of Leesburg and State High- way Department Standards. Upon motion of Councilman Pumphrey; seconded by Councilman Murray, the following resolution was unanimously adopted : • 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 0.29 miles of streets having curb and gutter and sidewalk and 50' of right-of-way in Section 7, Prospect Hills Subdivision, which have been built in accordance with Town of Leesburg and State High- way Department Standards. 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 the State Highway Department be requested to take into the Secondary Sys • - tem 0.32 miles of streets having curb and gutter and sidewalk and 50' of right-of-way in Section 2, Virginia Knolls Subdivision, which have been built in accordance with Town of Leesburg and State High- . •. way Department Standards. 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 the State Highway Department be requested to take into the Secondary Sys- tem 0.10 miles of streets having curb and gutter and sidewalk and:•. 50' of right-of-way in Section 3, Dry Mill Subdivision, which have been built in accordance with Town of Leesburg and State Highway Department Standards. There being no objection to considering the following tonight, upon mo- tion of Councilman Pumphrey, seconded by Councilman Lowenbach, the following resolution was placed on the floor for discussion : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager shall notify Chantilly Aviation, Inc . , in writing, that said Corporation has not complied with the Lease dated May 11 , 1966 in the following respects : (1) The Performance Bond required under Section 6 of said Lease, and amended as to the amount, has not been delivered to the Town. (2) Insurance policies covering workmen 's compensation, fire and - extended coverage on structures and- contents on Airport prop- erty have not been furnished, as required by Section 6 of said Lease. (3) Failure to obtain consent by the Council of transfer of majority ownership in Corporation. (4) Certified copy of annual tax return not furnished, as required by Section 12 of said Lease. • • (5) Failure to provide, as a minimum, the following service : Con- struct "T" hangars, as required by Section 11. (6) Failure to comply with Section 15 - Maintenance. 7n MINUTES OF JANUARY 11, 1967 MEETING. Upon motion of Councilman Murray, seconded by Councilman Cole, Council voted unanimously to strike Item 3 of this resolution. Discussion followed regard- ing Item 2 of this resolution, during which Councilman Murray stated that he believed the purpose of this resolution was to let Chantilly Aviation know that Council wished all terms of the lease to be complied with within a reason- able length of time, or other action would be taken. Councilman Cole moved to amend Item 2 by adding the following: "Chantilly Aviation shall be given 48 hours from the date of receipt of notice to furnish certificates of insurance agreeable to the Council." This motion was seconded by Councilman Pumphrey and unanimously adopted. Discussion followed regarding Item 6 of the resolu- tion, after which a roll call vote showed all in favor of the resolution as amended. The resolution, as amended , reads as follows: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager shall notify Chantilly Aviation, Inc. , in writing, that said corporation has not complied with the Lease dated May 11 , 1966 in the following respects: (1) The Performance Bond required under Section 6 of said Lease, and amended as to the amount , has not been delivered to the C4 Town. N N V► (2) Insurance Policies covering workmen 's compensation, fire and C extended coverage on structures and contents on Airport prop- erty have not been furnished , as required by Section 6 of said Lease. Chantilly Aviation shall be given 48 hours from the date of receipt of notice to furnish certificates of insur- ance agreeable to the Council. (3) Certified copy of annual tax return not furnished, as re- quired by Section 12 of said Lease. (4) Failure to provide , as a minimum, the following service : Con- struct "T" hangars, as required by Section 11. (5) Failure to comply with Section 15 - Maintenance. Councilman Pumphrey suggested that a progress report be given by Chantilly at the next meeting. Mr. Darr of Chantilly stated that this would be done. Upon motion of Councilman Pumphrey, seconded by Councilman Cole , the fol- lowing resolution was placed on the floor for discussion: WHEREAS, an Ordinance was enacted by the Town Council of the Town of Leesburg, on the 13th day of August 1962, for the purpose of constructing and placing into operation a Leesburg Municipal Air- port, and WHEREAS, an excellent facility has been erected for the benefit and enjoyment of the public at large, and WHEREAS, the Leesburg Municipal Airport , known as Godfrey Field, is now leased to a fixed base operator and other lessees, NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Lees- burg, that the Ordinance creating a Leesburg Airport Commission, enacted on the 13th day of August , 1962, and subsequent amendments thereto, be repealed, and BE IT FURTHER RESOLVED, that all future communications concerning the Airport shall pass through the office of the Town Manager. Mayor Rollins pointed out that this does not fall under the Procedure Rules because there is no committee to send it. to. He said that Council could over- ride the Chair or move to table this motion. Councilman Lowenbach objected to consideration of this resolution tonight, stating that he believed this matter should be allowed to cool down, rather than abolish the Commission because of personality clashes. Councilman Murray stated that he believes the middle man, or the Airport Commission, should be eliminated. Councilman Lowenbach moved that this motion be tabled. This was seconded by Councilman Orr and a roll call vote defeated the motion by 5 to 2, with Councilmen Lowenbach and Orr voting for- it: Councilman Orr expressed his opinion that he does not believe this is a good time to do away with the Airport Commission. A roll call vote on the resolution showed 5 for and 2 against, Councilmen Lowenbach and Orr voting against it. S MINUTES OF JANUARY 11, 1967 MEETING. • Upon motion of Councilman Murray, seconded by Councilman Pumphrey, Council voted 6 to 1, Councilman Lowenbach voting "No", to adopt the following reso- lution: WHEREAS, the Leesburg Airport Commission has rendered valuable assistance to the Town of Leesburg in the construction of the Leesburg Municipal Airport , and WHEREAS, the members of said Commission have given tirelessly of their time , talents and experience in the field of aviation, NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Lees- burg, that the members of the Leesburg Airport Commission, and• es- pecially George P. Hammerly and Stanley Caulkins, be commended for their work in bringing the Leesburg Airport into being and for their efforts in striving to make it a facility of which everyone can be justly proud. Upon motion of Councilman Pumphrey, seconded by Councilman Orr, Council unanimously adopted the following resolution : BE IT RESOLVED by the Town Council of the Town of Leesburg, that $10.00 be appropriated to pay for flowers - Ex-Mayor Dailey 's funeral. Upon motion of Councilman Fishback, seconded by Councilman Orr , the fol- - lowing resolution was unanimously adopted : • WHEREAS, principal and interest in the amount of $19 ,500.00 is due on January 15, 1967 on the $300,000.00 Water and Sewer Bonds, and WHEREAS, there are insufficient funds in the Utility Fund to pay this outstanding indebtedness, and WHEREAS, there is approximately $72,000.00 on hand in the General Fund, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that $19,500.00 be transferred from the General Fund to the Utility Fund to pay this amount due the Bank. • Mr. Williams of Johnson and Williams presented and explained several sketches of the proposed control building at the new sewage treatment plant, along with comparative estimated costs on the following three plans, all for masonry only: Plan One : Building - all brick facing (8-inch concrete block and 4-inch brick) $5,800.00 Digesters - 4-inch brick facing • Plan Two : Building - all brick facing (8-inch concrete block and 4-inch brick) Digesters - no brick facing 3,100.00 Plan Three : Building - front - brick facing (8-inch concrete block and 4-inch brick) Building - sides and back - 12-inch con- crete block - no brick facing (these walls must be painted periodically) Digesters - no brick facing 2,600.00 This matter was discussed at length and it was the general consensus of the Council that Plan Two be used , meaning a brick building with exposed concrete digesters. Mr. Williams pointed out that other buildings at the plant would be brick, as shown on the plans. When questioned, he said that the life of the plant should be about 40 years. Mr. James Sizelove of Johnson and Williams presented comparative costs on the use of natural gas or No. 2 fuel oil at the new plant, explaining that the Washington Gas Light Co. would charge approximately $4,100 to install the line from Route 7 to the plant; with the use of natural gas, only one boiler would be required, this to normally operate on sludge gas, however , it could be operated 9 MINUTES OF JANUARY 11, 1967 MEETING. on natural gas when there is insufficient sludge gas produced. If No. 2 fuel oil is used, it would be necessary to have a second boiler, which would oper- ate on fuel oil. The cost of this additional boiler, along with additional controls, piping, etc. would be between $2,000 and $2,500. The cost of fuel oil would be $1.88 per BTU, providing oil is purchased in 1,000 gallon quanti- ties. The cost of natural gas would be computed on a sliding scale, running from $2.22 each million BTU for a use of 25% per month down to $1.93 each million BTU for a use of 100% per month. Mr. Sizelove pointed out that, while the use of natural gas is more costly, there are certain advantages to using it, since there are many other items that it can be used for as well as for operation of the boiler. Council discussed this matter, and it was the general consensus that natural gas be used at the plant, it being pointed out that the possi- bility exists that perhaps some of this cost could be recaptured with the de- velopment of the surrounding land. Mr. Williams said it would take 2 to 3 weeks more to finish the plans, then they will go back to the Health Department for final approval. Upon motion of Councilman Pumphrey, seconded by Councilman Fishback, the following resolution was unanimously adopted : N N BE IT RESOLVED by the Town Council of the Town of Leesburg, that Walter L. Phillips be authorized to prepare construction plans for . . (> the building of Edwards Ferry Road between Washington Street and V the Corporate Limits, based ,on a 20' surface and a 50' minimum right-Of-way. Upon motion of Councilman Pumphrey, seconded by Councilman Fishback, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that a Storm Drainage Easement be accepted from John Wallace, et al, for that area which will contain a storm drain just north of Route 7, which will be constructed during the development of Leesburg Plaza Shopping Center. Upon motion of Councilman Murray, seconded by Mayor Rollins, the follow- ing resolution was unanimously adopted : WHEREAS, Almighty God, in his infinite wisdom, has removed from our midst , Lester H. Carr, who died at Sibley Hospital in Washington, D. C. on January 2, 1967, and WHEREAS, Mr. Carr , a resident of Loudoun County since 1952, has contributed much to the local community through his untiring ef- forts and active interest in the development and growth of Lees- burg and Loudoun County, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Mayor 'and members of Council do hereby ex- tend to Mr. Carr 's family its deepest sympathy in this their hour of sorrow, and BE IT FURTHER RESOLVED, that this resolution of respect be spread upon the minutes of this meeting, and that a copy thereof be sent to the members of his family, and a copy be forwarded to the Loud- oun Times-Mirror. Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, the II/ following resolution was unanimously adopted : BE IT RESOLVED, by the Council for the TownofLeesburg, Virginia that the Standard Agreement for the Installation of Physical Im- provements and Facilities in Subdivisions (Form P.C. 2) be and the same is hereby amended by adding a new paragraph, subsequent to the word "cost. " in paragraph 8 on Page 2, as follows: 10 MINUTES OF JANUARY 11, 1967 MEETING. (9) The developer will maintain and keep in good repair the work herein contracted to be done for a period of one year and the de- veloper is 'to furnish, prior to final acceptance of any physical improvement or facility, a maintenance bond to run for' a period of one year from date of final acceptance of such physical im- provement or facility, guaranteeing the Town against any defects in material or workmanship. There being no further business, The meeting adjourned at9 :50 P.M. Mayor LL — rte----� Clerk of e Council 1 L • =IAC• '; I FREDERICK CABLE VISION CORPORATION herewith submits the following bid for the Franchise to operate a Community Antenna Television System in the Town of Leesburg in accordance with the "Community Antenna Television Ordinance'; adopted as a proposed Ordinance by the Town of Leesburg on the 7th day of December, 1966 . FREDERICK CABLE VISION CORPORATION • By iQ/ F7741 Lag 3 .1 January 11, 1967 To: The Honorable Mayor and Council City of Leesburg, Virginia Gentlemen: As President of Frederick Cablevision, Inc . , I would like to suggest the following alternate proposals for payment to the City of Leesburg, in return for permission granted to this company to construct and operate a Community Antenna Television System within the Corporate limits . This would grant permission to cross the necessary streets and ways with the cable, and to use municipal poles where necessary . Method 1 . A payment of 1% of total monthly subscriber fees the first year, 2% the second year, 3% the third, 4% the fourth, and 5% the fifth year. Method 2 . A payment of $500 the first year, $750 the..second, $1,000 the third and thereafter. Method 3 . 8% of net profit the first year, 9% the second, 10% the third year, and thereafter. Method 4. A payment to the City of whichever of the first three alternates affords the highest amount . Respectfully yours, Yid ] y John I . Hanly President Frederick Cablevision • 105 North Market Street Frederick, Maryland Phone : 662-6033 662-6535 A . C . - 301 ROP Y 111111111111 1111111 , F 1111111 1110 FIRST & MERCHANTS NATIONAL BANK January 4, 1967 Honorable Kenneth Rollins Mayor, Town of Leesburg Leesburg, Virginia, 22075 Dear Customer: As you probably know our Bank lost one of its largest tenants and now has considerable office space for rent. There are others who also have office space and business spaces are vacant in the so-called "Downtown Leesburg Area. " Itis my belief that this situation will not improve unless • the businessmen of the area make a concerted effort to do something about it. We can even lose more business as illustrated by the probable i loss of the Post Office. I suggest that those of us who want to do something concrete to improve our lot in this area get together and discuss our mutual problems. Perhaps we could organize formally into a group and call it, for F example: "The Downtown Leesburg Committee" or "The Committee for Downtown Leesburg. " If you are interested in this suggestion please get in touch with me and we will try to set up a meeting at a convenient time to discuss further plans . Sincerely yours , 1 / R. K. Gheen Vice President • RKG/ah 1 January 7, 1967 • Mr . R. K. Gheen, Vice-President First & Merchants National Bank P.O. Box 231 Leesburg, Virginia Dear Mr . Gheen: . I am extremely pleased with your interest in Downtown Leesburg and I am in complete accord with your belief that something concrete should be done in order that this area may continue to be a thriving part of our community. As you imply in your letter to me, the heart of the problem lies with the landlords and 'merchants of the area. There are many reasons for the vacant stores but it is my belief that the primary fault lies with the proprietors of the property. It is of course inevitable that many businesses will desire to relocate in modern and convenient areas on the outskirts of town. I believe that the Town council over the years has done much to benefit the Downtown area of Leesburg. The Town has provided adequate parking facilities in the center of' Downtown Leesburg and just recently the Town purchased the Dunn property which will be utilized for parking and other municipal activities. I intend to ask the Planning Commission to make a study of this problem and recommend tb the council anything that they feel the Government can do to assist this area. • Mr. R. K. Gheen, Vice-President January 7, 1967 Page Two I believe that your suggestion of having a "Committee for . Downtown Leesburg" composed of the land owners in the area is an excellent means of studying the situation and of making concrete proposals. As you. know, I have fought to keep the new postal facility in this area and I believe that this has now been accomplished. I will be glad to meet with any interested group which may be formed and I will be happy to take up with the Town,council any -program that may be suggested for the re-birth of Downtown Leesburg. Sincerely yours, Kenneth B. Rollins KBR/sc