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HomeMy Public PortalAbout1967_10_11 121 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 11, 1967. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 12 W. Loudoun Street , Leesburg, Virginia, on October 11 , 1967 at 7:30 P.M. The meeting was called to order with prayer by Mayor Kenneth B. Rollins. Others present were Councilmen G. Dewey Hill , Frederick R. Howard, Walter F. Murray, 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 meeting of September 27;. 1967 were approved as written. Mr. Sam Engle , Attorney for Frederick Cablevision, introduced to Council Mr. Al Wilkerson, General Manager , and Mr. Ed Worrell , Chief Engineer. Mr. Engle stated that he believed it wise to have these gentlemen available to answer any questions the new Council might have with regard to the intentions of this Com- pany, which was granted a franchise for a community antenna system by the old Council. Mr. Wilkerson stated that the systems in both Frederick and Charles Town are now in operation and they are now free to work in this area, looking for possible sites on which to locate their tower and working on cost analyses. Regarding the Performance Bond required by the Council , this matter has been presented to the Board of Directors and the Bond should be issued on October 25th C‘i at the next Board meeting. Mr. Wilkerson said that it is their intention to be- C\ gin construction prior to the expiration date and that they have secured an agree- CV ment with VEPCO for the use of their poles and are negotiating with the C & P (,5 Telephone Co. for the use of their existing poles. Mayor Rollins asked if it is their belief that the franchise granted to them is an exclusive franchise. Mr. Engle replied that they take the position that it is and, if necessary, they will take it to the Courts to determine. Councilman Orr said he thought it was' their intention to have this cable available for the fall football games this year. Mr. Worrell answered by saying that they have put in 100 hours of engi- neering work on this so far. Councilman Orr stated that he was not• interested in the number of hours of work put in, he was merely interested in seeing some- thing done to carry out the plans of the franchise. Mr. Wilkerson stated that they had roughly: 2,000 customers that have taken this same attitude and they have taken a severe lesson from this. Mr. Thomas W. Murtaugh, representing Mr. Arthur W. Arundel, submitted to Council an Ordinance similar to that of Frederick Cablevision, asking that Coun- cil advertise this Ordinance for bids. He said it is anticipated that the bid would be submitted by Mr. Arundel individually, rather than as a company. He also pointed out that this franchise would give a broader coverage than that of Frederick Cablevision. He presented Mr. Richmond, assistant to Mr. Arundel , and Council asked various questions of both Mr. Richmond and representatives of Frederick Cablevision regarding the operation of such a system. Mr. Murtaugh said he did not believe Frederick Cablevision 's franchise was exclusive and he be- lieves the Town can grant other franchises. Mr. Engle was asked by Mayor Rollins if they (Frederick Cablevision) believe that they have a one-year limit in which to start operations. Mr. Engle replied "Yes. " It seemed to be the general con- sensus of the Council that no action-should be.:taken on any other ordinance until this year is up in January. Town Attorney Martin said he did not believe the Council could grant an exclusive franchise but stated that Council did not have to advertise for bids for another one, thereby giving almost an exclusive fran- chise. Mr. Murtaugh called to Council 's attention the fact that, under Section 15 of the Frederick Cablevision franchise , the franchise does not state that it terminates in one year , but rather , in another section, it is granted for a period of 30 years. After further discussion; Mayor Rollins asked that Town Attorney Martin review the proposed Ordinance before the next Council meeting, and asked that it be changed to state that the publisher of the Ordinance would pay the costs of advertising, not the low bidder. Mr. Atwell Somerville , attorney for Messrs. Harwell and Goodwin, who have purchased a tract of land on the south side of Route 7 opposite Fort Evans Road, on which is to be erected a C & P Telephone Co. Service Center , addressed Council. He reviewed the entire situation and appealed to Council to accept the recommenda- tion of the Planning Commission , whereby they would be allowed to dedicate 50 feet to the Town and build a street with curb and gutter on both -sides and side- walk on one side only, this Deed of Dedication being required by the landowners immediately in front of this property before the road can be built. He explained • that, at the time Messrs. Harwell and Goodwin bought this property, they had been assured by Town officials that this could be accomplished by providing a Performance 124 MINUTES OF OCTOBER 11 , 1967 MEETING. Bond, which bond in the amount of $10,000 is held by the Town at this time. How- ever, after discussion by Council a month ago, they were advised that Council would not go along with this. Since that time, they have been in contact with the property owners adjacent to this land and have tried to work out a solution where- by they would dedicate the extra 10 feet required by the Major Thorofare Plan, however , no agreement has yet been reached with these landowners.. Council dis- cussed this matter at length and , on motion of Councilman Murray, seconded by Councilman Orr, Council adopted the following motion by a roll call vote of 4 to 2, with Councilmen Howard and Pumphrey voting against it : That the Town accept the Deed of Dedication, subject to its legal word- ing, for the construction of the road in accordance with Town specifi- cations, and that the Performance Bond in the amount of $10,000 be ac- cepted as proof of the intent of the developer to construct said road in accordance with Town specifications. Mr. Somerville assured Council that they would continue to work with the adjacent . landowners to see if some agreement could be reached between the two parties. Mr. Bill Chamberlin addressed Council in behalf of Mr. George Kline, owner of the proposed Mayfair Subdivision. He explained that the Town Manager had ap- proved the final plat of this subdivision this afternoon, but that it was too late to get the Performance Bond for tonight. He said the bond figure that he and Mr. Ritter had discussed , and which Mr. Ritter approved , was $52,884.00 and that Mr. Kline has a letter from the Bonding Company assuring him of a bond up to $100,000. . He also said that the bond could be in the hands of the Town authorities on Fri- day morning and asked that Council give its approval to this bond in order that Mr. Kline can get started on construction before bad weather sets in. Mr. Ritter explained the plans regarding the roads to be built in connection with this sub- division. He said that these plans had been approved, with the exception of the grade going into Mr. Walter Phillips ' land, and that Mr. Phillips would be willing to dedicate the land for the new grade after he has had a chance to look at the plans and give his approval. Mr. Chamberlin said that whatever is done between Mr. _Phillips and Mr. Kline does not affect the amount of the bond. On _ motion of Mayor Rollins , seconded by Councilman Murray, the follow- ing resolution was unanimously adopted : BE IT RESOLVED by the Council for the Town of Leesburg, that a bond in the amount of $52 ,884.00 be accepted from George M. Kline in be- half of the Mayfair Subdivision, said sum being the amount necessary for the bond for the improvements to be placed thereon, and, in the event the said Mr. Kline shall deliver a bond in the amount of the aforementioned sum , the check shall be returned to him and the bond substituted, provided it is ,in the proper legal form and approved by the Town Attorney. Town Manager Ritter reported that he had received a telephone call from the Water Control Board on Monday , saying that we should fill out Part A, Offer and Acceptance Form, which acknowledges receipt of the Offer and, also , by signing the acceptance portion of the Offer , we are assuring the Federal Government that we will conform to all of their rules and regulations. He said this does not obligate us to anything, we are merely agreeing to the specifications set forth. The Water Control Board says the plans are still being reviewed by the Federal Government in Charlottesville. There are still two outstanding easements. He talked with Mr. Dudley of the W. & 0. D. Railroad and he doesn 't think we will have any trouble in getting that one, but there are some difficulties to be ironed out with VEPCO. On motion of Mayor Rollins, seconded by Councilman Hill , the following resolution was unanimously adopted : WHEREAS, a Grant Offer has been made by the Federal Water Pollution Control Administration in the amount of $446,100 for the construc- tion of sewage facilities for the Town of Leesburg, and WHEREAS, the Town does hereby make the assurances contained in Sec- tion II of said Offer , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to sign the acceptance of said Offer on behalf of the Town of Leesburg. 123 MINUTES OF OCTOBER 11, 1967 MEETING. • Mayor Rollins read to Council a letter from the Secretary of the Informa- tion Center asking that some sort of a security light be placed at the Grey- . hound Bus Stop at the Amoco Station. Town Manager Ritter said he believed this could be done. The Mayor also read a letter from the Blue Ridge Speech and Hearing Center, stating that the Board of Supervisors has appropriated a sum for their services, and requesting that the Town make a contribution also. This was referred to the Finance Committee. Councilman Orr explained what this group does and its value to those handicapped people who benefit from its services. Mayor Rollins also read a letter from Mr. Walter Bell and Mr. David Frye concerning pictures enclosed of the street and sidewalk in front of 31 and 35 North Church Street , and requesting information concerning any plans for 'im- provements around these properties. They asked for a sidewalk on the south side of North Street and for the blacktopping of North and Church Streets. This will be taken up by the Street Committee. Councilman Hill said he was concerned with the free flow and safety of traffic through the Town and made some suggestions as to the removal of 10 park- C4 ing meters, thereby alleviating certain unsafe conditions caused by the presence N of cars parked in these spaces. He asked that a review of this situation be made. CQ Mayor Rollins suggested that the Street Committee take up this matter and tie in with it plans for using the back of the Dunn property and the Culligan property for more parking spaces. Councilman Howard asked if letters had been written to property owners re- garding the growth of weeds on vacant lots and said he would like to see them written once more to clean up these properties before winter weather. Mr. Ritter commented that we do not have the men to do this job at this time and that we would have to hire this work done. He. said- that a tractor mower would be included _in next year 's Budget. Mayor Rollins asked that the equipment operator smooth out the road down by the Livestock Market, old Buick Street. Mr. Ritter said this road has been dedi- cated to us and this will be taken care of. :'Mr. Forbes explained to Council Item 4 on the Agenda, stating that this resolution is proposed in order to straighten out mistakes inadvertently made in Mr. Curry 's subdivision in Prospect Hills. On motion of Mayor Rollins, sec- onded by Councilman Pumphrey , the following resolution was unanimously adopted : WHEREAS , the Leesburg Planning Commission, at a regular meeting held on October 5 , 1967, considered a plat designated "Plat showing ease- ment for public street purposes across Lots 11-16 incl. and vacation of storm sewer easement on Lot 4 and dedication of storm sewer ease- ment on Lots 3-A and 4-A and resubdivision of Lots 3, 4 and 21=27 incl. , Section Seven, Prospect Hills, " dated September 18, 1967, under Section V, Paragraph 1 of the Leesburg Subdivision Ordinance , and WHEREAS, the Leesburg Planning Commission recommended to the Council for the Town of Leesburg, Virginia, that the said plat be approved, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Lees- burg, Virginia, that the plat designated "Plat showing easement for public street purposes across Lots 11-16 incl. and vacation of storm sewer easement on Lot 4 and dedication of storm sewer easement on Lots 3-A and 4-A and resubdivision of Lots 3, 4 and 21-27 incl. , Sec- tion Seven, Prospect Hills" be and the same is hereby approved, and the Clerk of the Council is hereby authorized and directed to affix 11/ her signature to the said plat as evidence of this approval for recor- dation purposes. The rough draft of the proposed Charter Amendments was explained by Council- man Orr and discussed by Council. The Town Attorney was asked to put this into final form for the next meeting. Mayor Rollins called attention to the fact that there will have -to be a Public Hearing on this matter. 124 : MINUTES OF OCTOBER 11, 1967 MEETING. Mr. Charles Colgan addressed Council, stating that his agreement to continue operation of the Airport for 30 days expires tomorrow night and, unless Mr. Van Gulick and Mr. Zebley can agree that he continues to operate, he will vacate the premises as of midnight tomorrow night. Councilman Murray stated that he thought the Council owed Mr. Colgan a vote of thanks in going along with the 30-day ex- tension of time. He said he believes now that the responsibility lies with Chan- tilly Aviation, and called attention to the fact that he believed Council gave them 60 days from the date of last Council meeting in which to work out their problems. Mr. Colgan said he would like to see them have a little more time to work this out. Mr. Zebley stated that he was under the impression that Colgan was leaving. Mr. VanGulick said it was his understanding that Mr. Colgan is leaving under threat of criminal action by Mr. Zebley. Mr. Zebley said he was not a party to bring- ing Mr. Colgan in, that he was providing the necessary services and he still is. He said he is not bringing suit against anyone , regardless of the fact that he owns the Company wholly, and that he has been working with various people , attempting to work out an agreement with Colgan and others. He said the sub-lease which was proposed a month ago agreed to $500.00 a month, but pro- vided no details as to who would pay the other bills. He said that the plan Mr. Colgan has presented would pay only 15 per cent of what the creditors want immediately. Mayor Rollins said that this problem has been before the Council on numerous occasions and that Council has leaned over backwards to help them and neither side seems to be able to reach any agreement with the other, so he believes the time has come for them to either get together tonight , or else they will have no lease. He said Council did not expect to sit and watch the Airport without any operation, so it is up to Chantilly to either operate it or not operate it. Mr. VanGulick said he would like to see a permanent lease with Colgan as soon as possible and that he and Mr. Zebley could work out their differences in Court for the next 20 years or so. Councilman Murray suggested a 10-minute recess to let Mr. Zebley, Mr. VanGulick and Mr. Colgan decide what they want to do , and this recess was granted. After this recess, Mr. VanGulick said he and Mr. Colgan are both willing to continue , however , Mr. Colgan said he was willing to continue to operate on the basis of the past month until the 6o day deadline is up: Councilman Howard expressed his opinion that the lease should be cancelled and put out for new bids. Town Attorney Martin said a committee should be appointed to study wheth the operation is in violation of the lease and, if so , they would have to be given 15 days ' notice. Councilman Murray said he would not like to see the Air- port closed down and he suggested that Mr. Colgan be given until November 22nd. Mr. Zebley said he is agreeable to having Mr. Colgan continue, providing Mr. Colgan pays him for the use of his planes. Mr. VanGulick said he would like to pursue a permanent deal with Mr. Colgan, that he doesn't believe anybody else can come up with anything better than his Proposition: Mr Zebley said he hoped to be able to work out something with Mr. Colgan's proposal, but he believes there should be somebody appointed to handle the financial end of it , so that they know what is going on. Mayor Rollins stated that Chantilly Aviation and Colgan Airways are hereby given until November 22 to work out this problem, with Mr. Colgan continuing operations until that time and, if the situation is not straightened out by that time , he is in favor of cancelling the lease, legal or not. There being no further business, the meeting adjourned at 10:15 P.M. 111. IP - --- 4t: Mayor Clerk of the Council