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HomeMy Public PortalAbout1967_09_27 1]. s , MINUTES OF REGULAR MEETING OF LEESBURG:TOWN COUNCIL,, SEPTEMBER 27, 1967. A regular meeting of the Leesburg Town Council was. held. in the Council Chambers, 12 W. Loudoun Street , Leesburg, Virginia, on September 27, 1967 at 7:30 P.M. The meeting was called to. order by Mayor Kenneth B. Rollins. Others present were Councilmen C. Maloy Fishback, G. Dewey Hill, Frederick R. Howard ; and Walter F. Murray; Rcem atxkxxGzmcxamcix&a ti.i :mak also Town Manager James W. Ritter , Jr.. and Town Attorney George M. Martin. Absent were Councilmen Robert A. Orr and John W. Pumphrey. The minutes of the meeting of September 13, 1967 were approved as written. Mr. Thomas W. Murtaugh, Attorney for Mr. Arthur Arundel addressed. Council , requesting permission to advertise for a franchise to operate a community. an- tenna system. He said that , although it is known that Frederick Cablevision, Inc. already has a 30-year franchise for such a system, this franchise is not exclusive and Mr. Arundel would like the privilege of entering the same field. He said that Frederick Cablevision has taken no tangible steps toward any opera- tion and asked that Council refer this matter to the appropriate committee in order to permit bids to be advertised for this system. Mr. Arundel also addressed Council , explaining that there is a new photo-fax machine , on which you can receive your community newspaper right in your home, this is delivered by cable. He said that, in the interest of the community, he believes this sort of thing should be made available. He would like to bring educational television to the schools in Leesburg; also to deliver the meetings of the Board of Supervisors and the Town Council to the homes. All of these media would go though the same cable, and he would like to enter this competitive field. Town Manager Ritter interjected here that he had contacted Frederick Cable- visioh and fihds that the management has changed and a Mr. Wilkinson is now President. Mr. Wilkinson reported that he has discussed this franchise with the present Board of Directors and they have told him that he would have to complete the facilities at Charles Town and Frederick before he can start in Leesburg. He said they are still looking for a site here and they hope to be in operation by Christmas. Mr. Ritter said he understood that the change in management has resulted in a group of people from New York taking over the Corporation. It was the general consensus of Council that Mr. Arundel submit to Council an Ordinance and proposal for advertisement. Mr. Charles Turner, Executive Secretary to the Loudoun County Board of Supervisors, addressed Council regarding the possibility of the Town and County looking further into the possibility of the Town hooking into the Dulles Inter- ceptor Sewer. He pointed outthat the Loudouh County Sanitation Authority would handle this for. the County and that it has been proposed that a study be made by a consulting engineering firm that has had no. contact with either the .Town or the County until this time. He also pointed out that the cost of this study would be . borne by the Sanitation Authority. This study would take about a month and would cover any points raised by the Town, such as rates for sewage treatment for the Town, ownership of the interceptor line to Goose Creek, who will build the pump- ing station at Goose Creek, etc. Mr. Turner said they would like to know what the Council would do with its present plans. Mayor Rollins said that the plans can go out for bid at any time and that we are holding this up merely to accommodate the County, and .that there are a lot of questions to be answered. Town Manager Ritter reported that a proposal for the Federal Grant Offer had been received yesterday, but the plans and specifications are still under consider- ation by the Water Pollution Control Administration. It is necessary that we furnish them a statement by our Attorney that all easements have been acquired and that they are free from any rests.ittions or encumbrances. He pointed out that bids cannot be advertised until this is done and they tell us to do so. Mr. Turner said that any study to be made should be objective , that it would not be biased toward either the County or the Town. He said that they also felt that the engineering firm selected should b,e one approved by the Town, as well as by the Sanitation Authority. He also believed that the question of ownership of the lines in case of annexation should be left out of consideration until the feasibility study is made; then this problem can be neutralized between the parties. Councilman Fishback asked how much delay there would be between the two jobs, in the drawing of new plans, have a new study made, etc. Mr. Turner said he felt the engineering study could be completed within a month and that he felt that the whole thing could be in operation within 10 months, that is , as far as the lines are concerned. 119 MINUTES OF SEPTEMBER 27, 1967 MEETING. Mayor Rollins stated that , in order to expedite this, the Utility Committee could consider the firm to make the study. Mr. Turner said that he would assume that the Sanitation Authority would make this decision for the County. It was the general consensus that this be done. Mr. George Kline presented a plat of Mayfair Subdivision (to be located to the north and east of Leesburg Gardens Apartments) and asked that a Performance Bond be approved by Council tonight in order that his final plat might be approved by the Planning Commission at its meeting next week. Mr. Ritter said that this plat was just presented this afternoon and that the plans are not complete. He III said he has several questions regarding this, such as storm drainage, who is go- ing to build the extension of Washington Street , as well as the other street needed, etc. , and that he knows that Mr. Forbes has some questions also. He said • he did not think that any decision could be reached on a bond tonight, there is not enough information to do so. Mr. Kline showed plans of the proposed subdivi- sion and explained that these town houses would be of colonial architecture. Mr. Forbes explained the procedure that must be followed, first, that the pre- liminary plan must be approved by the. Planning Commission, which has been done; second, the final plat must be submitted and, before the Planning Commission can give its approval to this , Council must approve of the bonding provision, using Cj one of the four methods available for this bond. He explained that the bond makes CV reference to various forms, as well as site plans and construction plans, which N have to be approved by_ the Town Manager , all of which are tied into the bond it- 0 self. Mr. Kline said that he has a blanket statement saying that the firm will V bond him up to $100,000.00. Mayor Rollins asked if the. Planning Commission could then approve the final plat , contingent upon the Bond being approved by Council , to which Mr. Forbes replied "Yes. " Mr . Thomas W. Zebley addressed Council regarding the stockholders of Chan- tilly Aviation and presented a resolution to Council asking that he be included as a stockholder in the said corporation, this being in the form of an amend- ment to the lease between the Town and Chantilly. He stated that he is the majority stockholder in the Corporation, but that the Town has never approved this change of ownership and, in not doing so, they (Chantilly) are in viola- tion of the lease and it could be cancelled. He asked that he be certified as III the majority stockholder in order that he might be in a better position to refi- nance the company. Discussion and questions and answers followed regarding this matter for quite some while , after which, upon motion of Councilman Murray, seconded by Councilman Fishback, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of Leesburg, that the Council has no objection if majority ownership of the Chantilly Aviation Corporation is acquired by John A. VanGulick, Robert W. Darr, Douglas McVeigh or Thomas W. Zebley, or any of said persons, within sixty (60) days from passage. If majority ownership should be transferred to a person other than the four (4) persons aforementioned , without prior consent of the Lessor , then the Lessor may, at its own option, terminate the lease. It was suggested that all stockholders be sent a copy of this resolution. Council- man Murray reiterated his earlier statement that the Committee would be willing to meet with either or any of the parties involved at any time they wish to do so. Town Manager Ritter reported that , in connection with Item No. 1 on the Ad- dition to the Agenda, a etter from the Federal Government in Charlottesville was received yesterday, otifying us that we would receive the Grant Offer in the • amount of $446,,100.00 wit. in a few days, and they called attention to the fact that they are reviewing the plans and specifications in their office and that the project should not be advertised without written final approval of these plans and specifications. Today, a letter was received from the Water Control III Board, which said the same thing, and pointed out that if we want an extension of this deadline period , we should get in touch with them. Mr. Ritter said that, first , there are two easements still to be obtained , the W. & O.D. Railroad and the Alberts easements. He said we are waiting to pass the revised sewer standards before we can get the Alberts easement. The W. & 0.D. said today that they are still working with VEPCO on the easement permit. Mr. Ritter pointed out that we cannot accept this Grant Offer until we make a certified statement from our At- torney that all necessary rights-of-way and easements have been acquired, free from any restrictions or encumbrances. 1.20' MINUTES OF SEPTEMBER 27, 1967 MEETING. Mayor Rollins appointed Frederick R. Howard to serve on the Board of Archi- tectural Review, filling the vacancy of Maurice R. Lowenbach, Jr. He also moved that Mr. Walter F. Murray be reappointed to serve on the Planning Commission as the Councilmanic member. This was seconded by Councilman Fishback and unani- mously approved. Mayor Rollins said that the vacancy on the Board of Zoning Appeals created by the death of Richard Burbank had been filled by the appointment of Mr. Ted Jackson by the Judge. Mayor Rollins asked Councilman Fishback to take up the proposed sewer ordinance with his committee. The Mayor also read a letter from Mr. R. K. Gheen, Chairman of the Com- mittee for Leesburg, requesting that they be- allowed to continue renting the build- ing next door to the Town Office on the same basis as before on a temporary basis. After discussion, Mayor Rollins asked Mr. Ritter to notify Mr. Gheen that- this will be done on a month to month basis. Upon motion of Councilman Howard , seconded by Councilman Murray, the follow- ing resolution was unanimously adopted : WHEREAS, a Grant Offer in the amount of $446,100.00 has been received from the Federal Water Pollution Control Administration for construc- tion of sewage treatment facilities for the Toon of Leesburg, and WHEREAS, said Grant Offer is contingent upon the submission of an opinion from an attorney that the necessary sites and easements and/ or rights-of-way have been obtained and that they are- free from any restrictions or encumbrances that might restrict their use for the purpose intended , and WHEREAS, there are two (2) outstanding easements that have not been obtained, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that an extension of time be requested through the State Water Control Board, as advised in their letter of September 26, 1967, such extension of time to be set at November 22, 1967. Upon motion of Councilman Murray, seconded by Councilman Howard , the fol- lowing resolution was unanimously adopted: BE IT RESOLVED by the Council of the Town of Leesburg, that the Board of Supervisors and Loudoun County Sanitation Authority be informed that the Town of Leesburg will seriously consider any concrete proposal which is made to the Town regarding sewage treatment, and BE IT FURTHER RESOLVED, that any such proposal be made within one (1) month from this date , and BE IT FURTHER RESOLVED, that all pertinent data of the Town be made available upon request in order to assist the drafting of any proposal. • Mayor Rollins asked that the Board of Supervisors and the Loudoun County Sanitation Authority be informed of this resolution by letter. Town Attorney Martin suggested that the speed limit be reduced along Route 7 in the area of Fort Evans Road , pointing out that this has become a traffic hazard with vehicles entering the new shopping center. This was discussed briefly, but no action was taken. Mayor Rollins appointed Mr. Forbes as Chairman of the Charter Review Com- mittee , and asked that this committee- try to have some proposed revisions ready for the next Council meeting. There being no further business , the meeting adjourned at 9 :20 P.M. / 111 Mayor Clerk o the Council