Loading...
HomeMy Public PortalAbout1967_01_25 1 1 • MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 25, 1967. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 12 W. Loudoun Street , Leesburg, Virginia on January 25, 1967. The meeting was called to order by the Mayor, with Councilman Fishback offering the prayer. Those present were : Mayor Kenneth B. Rollins, Councilmen C. A. English 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 January 11, 1967 were approved as written. Town Manager Ritter reported the following: (1) He talked with Johnson and Williams on Monday and they said the plans on the sewer plant should be completed around the first of the month. After that, the specifications will have to be completed, which will take about another two weeks, and then they will go to the Health Department. It, therefore, looks like it will be at least the first of March before we are ready to advertise for bids. The Health Department has a lot of work to catch up on and they could delay the plans. Johnson and Williams are being pushed ,g and Mr. Ritter said he- thought they were doing their best to get these plans Nout. Application is being made through the County on February 28• for a Com- CV mission Permit. This has to be advertised for 2 weeks, and drawings of the (;) • control facilities must be presented to the County. 0 • V (2) Regarding the five points outlined to Chantilly Aviation, Inc. at the last meeting: • (a) The Performance Bond has been furnished and has been approved by the Town Attorney. • (b) Insurance of various kinds, as called for in the lease,• has been provided. (c) Re the annual tax return required, this has not been fur- nished yet. Mr. Ritter said he had a letter dated January 23 from their auditor, stating that they are still in the process of audit- ing their records. They pointed out that, as far as they could tell, gross sales will not exceed $350,000 for either of the tax years under audit. Mr. Ritter pointed out that , according to the terms of the lease, if gross sales are above $350,000, they, Chantilly, must pay the Town one per cent of gross sales, up to a maximum of $450,000. When the audit is completed, the auditors will notify us of the a- mount of gross sales, and a copy of the return will be mailed to us. • (d) The T-hangars are not complete. The framework has been -up for some time but , because of the economical situation and the in- • ternal situation, this work has not been completed. (e) Regarding maintenance , Mr. Ritter said that, as far as he ' could tell and he has been out there several times in the last two weeks, the Airport is being maintained very well. Mr. Ritter said that he had a letter from Mr. George Hammerly on January 11, calling attention to the fact that Blue Ridge Aircraft is not doing any- thing as far as their lease is concerned and the would recommend that this lease be cancelled. Mr. Ritter says he takes the position that it should not be cancelled because Blue Ridge is an asset to Chantilly and he feels that they need all the assets they can get at this time. Mr. Ritter also read to Council a letter just handed to him by Mr. Caulkins, the letter being from a Mr. W. F . Hutchins and concerning poor service at the Airport. (3) The Phillips-Nickels Well has been in operation for about two weeks. It is running every day and pumping around 70,000 gallons. • (4) Re Item 1(b) on the Agenda, he pointed out that we are holding back 10 per cent of the total contract from E. E. Lyons Construction Co. , or about $5,600. Also, Item No. 3 on the Agenda, the Performance Bond for Rock Spring, Ltd. has been approved by the Town Attorney. 12 MINUTES OF JANUARY 25, 1967 MEETING. Mayor Rollins reported on the meeting held last week at First and Mer- chants Bank, which most of the property owners in downtown Leesburg attended. This meeting was held to see what might be done to mmprove the downtown sec- tion of Leesburg during the transition period when many businesses are moving . out to the shopping centers or going out of business. He said he was impressed . with the cooperative spirit shown by the merchants, etc. Everyone seems to realize that. this transition period presents a problem which must be met by the property owners, with the cooperation of the Town. He also said he had a feel- ing that one of the main problems of Council would be what to do to make it survive as a vigorous part of this community. The meeting ended with several suggestions and with committees being appointed to look into various aspects of the problem. There were very few attending this meeting who did not ap- prove of having the four downtown blocks of Leesburg in brick sidewalks, to give it a colonial atmosphere, and most agreed to pay their proportionate . share for what they own. Mr. Forbes has been asked to figure the cost on this project. Mayor Rollins pointed out that the whole job should be done . by. one person in order to have it uniform. He said that, where property owners would not agree to paying for this work, this slack would. have to be taken up by the Town or by other business people. The committee will talk to Mr. Ritter and the Council about these sidewalks. He said that he believed this Council had done a lot for the downtown people. Parking space, has been provided, and the purchase of the Dunn property will provide more. Almost all present said there was not enough parking for their businesses, and there were a number of them who feel that all parking should be taken off of King Street. Mr. Rollins said he discussed building a new Town Hall somewhere in the area, pointing out that this would bring "foot" traffic , and the more "foot" traffic you have, the more business will go on in this area. Beautification was also discussed. He said he thought the section behind the parking lot was bad and something should be done about it. Also, nothing was done to the A & P park- ing lot to make it attractive. Upon checking, he found that the new Leesburg Plaza just under construction has provided for ample trees, shrubbery, flowers, etc. , with concrete islands, and. the Garden Club will maintain these areas. He also pointed out that this is the first time Giant Foods and Peoples Drug Stores have ever changed their standard structural plans so that they will con- form with the colonial architecture. Mayor Rollins said he had written to Mr. Stirling Harrison, attorney for the Alberts easement , requesting that this easement, be signed by January 31st. This is the only one outstanding, other than on the Kincaid property. Councilman Murray. said he would recommend that a reply be sent to the gentleman who wrote the letter complaining about the service at the Airport. He also said that he understood that Blue Ridge Aircraft had two more months in which to do something. Town Manager Ritter said that Mr. Lowe, attorney for Chantilly, says they have 8 months before we can do anything about it. Mr. Murray said he did not believe any action should be taken now. Mayor Rollins, said that Mr. Colgan, who runs the Manassas Airport, has expressed interest in leasing this Airport if the time should arise when the Town is needing a lessee. Councilman Pumphrey asked that the public trash cans in the downtown sec- tion be emptied each day. Councilman Cole asked if Blue Ridge Aircraft had ever paid any rent , to which Mr. Ritter replied "No. " He then asked how they could have a lease without paying rent. Town Attorney Martin was asked to, give his opinion on this matter. After looking at the lease, Mr. Martin said that the lease was to become effective upon approval of the FAA and the SCC, according to Section 18 of said Lease. He said they would start owing rent as of this date. Mr. Ritter checked his files and foundthat this lease was approved by the FAA in July of 1966 and by the SCC_ in August of 1966. Mayor Rollins asked the Town Manager to give Blue Ridge notice that rent should be forth- coming as of February 1st. He also asked that Mr. Cole 's committee make some recommendation for the next meeting. Mr. Cole also asked the status of the Dunn property. Mr. Martin said that closing is tentatively set for either January 30th or 31st, and asked that the Town Manager be prepared ,to .draw the check for this property when needed. 13 MINUTES OF JANUARY 25, 1967, MEETING. _ Mr. Cole also asked that gravel be put on the "muddy" sidewalk on the south side of Market Street below the Post Office. He also stated that there was no regular patrol at the corner of King and Market Streets during rush hour, as requested by the Mayor some months ago, and asked that this be taken care of. Mr. Cole asked Mr. Martin if he had looked at the Agreement with the School Board regarding sewer charges for the high schools in Town. Mr. Martin said he did not believe this applied to anything other than the current high school. Mr. Cole said he thinks this matter should be straightened out. Mr. Cole also asked if any progress had been made on overdue taxes and water bills. Mr. Ritter said that part of the the letters have gone out. He also said that letters have been sent to all of the real estate brokers who had not paid their license fees and that quite a few of them had replied. Councilman Lowenbach said that nobody is running the Airport, neither the Town Manager , the Town Council nor the Airport Commission. He said his sister came in at the Airport this past Sunday and nobody offered any service of any N kind, that she even placed the chock in front of her own plane. , He said he CV thinks this Council is remiss in not doing something about this. Mayor Rollins CV asked if this has ever been done , to which Mr. Lowenbach replied "Yes," and said C7 that transient pilots are not even given the courtesy of any service whatsoever. He said that Mr. Zebley and Mr. Darr were both present on Sunday morning but he did not ask why no service was being performed. He said this could have been anybody, but it just happened to be his sister. Mr. Ritter said this was the first he had heard about this. He said Mr. Hammerly, had called and reported that there was no line boy there on Sunday afternoon to service his tanks. How- ever, Mr. Ritter said when he was out there Sunday afternoon, everyone seemed to be busy, and that it was possible that the line boy was busy with something else and could not be there at just that moment. Mr. Lowenbach said that his sister was the only one on the field for a 45-minute period. He said that no- body is running this facility that this Town could stand to make a lot of money from. Upon motion of Councilman Cole, seconded by Councilman Orr , the follow- ing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : (a).' $2,740.00 - Airport Fund , to pay interest due Jan. 1 , • 1967 on Town of Leesburg Airport Bonds. (b) r16,155.64 - Airport Fund , E. E. Lyons Construction Co. 10% of total contract is being retained until final project payment is received from FAA. • (c) ! 5,469.21 - Public Improvement Fund , represents 3% retain- age fee due Tri-County Asphalt on Storm Sewer Contract, due Jan. 15. To come out of the $72,587.00 now on hand. (d) I`' 155.00 - Utility Fund - Capital Outlay. Balance due Wallace & Tiernan on chlorination equipment at Phillips-Nickels Well. Contradt figure- $1 ,550.00 - $1 ,395.00 paid in August 1966. (e) .✓ 2,153.87 - Utility Fund - Capital Outlay. John Sant- myer 's invoice on installing electrical work at Phillips-Nickels Well. (f) 200.00 - Utility Fund - Capital Outlay. . Appraisal fee due N. McK. Downs for Kincaid appraisal. r1/4^ (g) 550.00 - General Fund - Capital Outlay - Engineering- Walter Phillips ' invoice for establishing cen- ter line and property right-of-way acquisition plats on Edwards Ferry Road. 14 MINUTES OF JANUARY 25, 1967 MEETING. - . Upon motion of Councilman Lowenbach, seconded by Councilman Murray, Council voted 5 to 2. that the following resolution be adopted, with Council- men Cole- and Orr voting against it : BE IT RESOLVED, by the Council for the Town of Leesburg, Virginia, that Plan "C" of the proposed route of Catoctin Circle from Dry . Mill Road to West Market Street, as prepared by Walter L. Phillips, Jr. , be and the same is hereby recommended to- the Leesburg Plan- • ning Commission for use as a more specific route to implement the Major Thorofare Plan for the Town of Leesburg, Virginia. • Upon motion of Councilman Pumphrey, seconded by Councilman Fishback, the following resolution was unanimously adopted : WHEREAS, A. L. B. diZerega, III, for Rock Spring Ltd. , has furnished • the Council for the Town of Leesburg, Virginia, a Performance Bond, dated January 16, 1967, and executed on the approved Leesburg Stand- ard Form by the Fidelity and Deposit Company of Maryland; and WHEREAS, said bond , together with the accompanying executed Forms P.C. 1 and P.C. 2, are to insure that physical improvements and fa- cilities in the proposed Section 1 of Rock Spring Subdivision will be completed within a period of one (1) year after final approval of the final plat, • NOW, THEREFORE, BE IT- RESOLVED by the Council for the Town of Lees- burg, Virginia, that the said Performance Bond be and the same is hereby approved. The Performance Bond reads as follows : • • PERFORMANCE BOND • Know All Men By These Presents : That we ,_Alfred diZerega, III, Agnes D. Cook, Florence Ashbrook, Lucy D. Rich, operating- as Rock Spring, Ltd. , by Alfred diZerega, III, Attorney-in-Fact, (hereinafter called the "Principal") and Fidelity & Deposit Company, a corporation organized under the laws of State of Maryland And authorized to conduct business in the Commonwealth of Virginia (hereinafter called the "Surety") are held and firmly bound unto the Town of Leesburg, a municipal corporation of Vir- ginia (hereinafter called the "Town") , in the penal sum of Six Thousand- Dollars ($6,000.00) for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, suc- cessors and jointly assigns for the faithful performance of a cer- tain- written contract , dated the 16th day of January, A.D. , 1967, entered into between the Principal and the Town of Leesburg; a municipal corporation of Virginia, for : Construction of Curb, Gutter , driveway entrances, sidewalks, street paving, 6" water- line, 15" storm sewer line, temporary turn around & 2 end walls for lots 1 & 12, Section I, Rock Spring, Ltd. , Leesburg, Vir- ginia, A copy of which said contract -is incorporated herein by reference, and made a part hereof as if fully copied herein. The condition of- this obligation is such, that whereas, the said Principal , has agreed to construct and/or install at his and/or its expense the improvements set forth in said contract all in accordance with the specifications and •ordinances of the "Town" and contained in plans and specifications prepared by: Rock Spring, Ltd. , and approved by the Town Manager and/or Engineer and The Virginia Department of Highways, at the following loca- tion and designated as: Rock Spring, Ltd. , Leesburg, Virginia. Now, Therefore, -if the said principal shall well and truly per- form in all respects in strict accordance with the requirements within one year from the date hereof , and shall save the "Town" harmless from all loss, cost or damage by reason of their failure to complete said work, then this obligation to be void, otherwise to remain in full force and effect. 1 MINUTES OF. JANUARY 25, 1967 MEETING. In Witness Whereof, this instrument has been executed by duly author- - ized representatives of the Principal and Surety this 16th day of January A.D. , 1967. Alfred diZerega, III Agnes D. Cook Florence Ashbrook Lucy D. Rich Operating as Fidelity & Deposit Company ROCK SPRING, LTD. Surety Principal By/s/Frederick R. Howard (Attorney-in-Fact) (Seal ) By /s/ Alfred diZerega III for Rock Spring, Ltd. Title : Atty. in fact By (Seal) (Resident Agent) . Attest : (Seal) (Secretary) Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, the following resolution was placed on the floor for discussion: `v BE IT RESOLVED by the Town Council of the Town of Leesburg, that C�1 the Town Manager be authorized to have Walter L. Phillips, Con- sulting Engineer , locate and set corner pins at the intersection L.7 of Third Street and Route 15, and also at the intersection of Third Street and Wirt Street. Upon motion of Councilman Orr , seconded by Councilman Murray, this motion was unanimously amended to- give this work to 0. B. Knight, this making the reso- lution read as follows : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to have 0. B. Knight, Certified Land Surveyor, locate and set corner pins at the intersection of Third Street and Route 15, and also at the intersection of Third Street and Wirt Street. Upon motion of Councilman Murray, seconded by Councilman Fishback, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Francis E. Saunders. Sewer Easement be approved for recordation - as written. The three special conditions agreed to by the Saunders on this easement were read by Mr. Ritter. There being no further business, the meeting adjourned at 8:35 P.M. 07( —QL Mayor 25 Clerk Clerk of he Counc 1