HomeMy Public PortalAbout1967_11_22 136
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 22, 1967.
A regular meeting of the Leesburg Town Council was held in the Council Cham-
bers, 12 W. Loudoun Street, Leesburg, Virginia, on November 22, 1967 at 7:30 P.M.
• The meeting was called to order by the Mayor, with prayer by Councilman Orr.
Those present were Mayor Kenneth B. Rollins, Councilmen C. Maloy Fishback, G.
Dewey Hill, Frederick R. Howard, Walter F. Murray, Robert A. Orr and John W. Pum-
phrey; also Town- Manager James W. Ritter , Jr. and Town Attorney George M. Martin.
The Minutes of the meeting of November 8, 1967 were approved as written.
Mr. George M. Kline was present , along with Mr. William Chamberlin, and ad-
dressed Council regarding the problem he is at present faced with on Mayfair
Subdivision. Mr. Chamberlin explained to Council that the phrase "that not
more than one principal building shall be permitted on' any residential lot show
on the plat , etc." appears on the final plat and this note has caused some prob
lem for Mr. Kline. ' Mr. Kline said that , when this plat was originally presented
to the Council and the Planning Commission, he believed the Subdivision Ordinance
could be reworked to allow the sale of these building$ in hopes that eventually
the Ordinance would be reworded so that they could sell half of the house and the
lot. With this note on the plat, the title is clouded to an extent that construc-
tion money is being withheld , and he asked if Council could do anything to clear
up this situation temporarily until the Ordinance can be reworked. Town Attorney
Martin said that he understands Mr. Kline cannot get a loan and that he is in a
real bind since he has already started some construction. He said it is his im-
pression that a conflict exists between one section and another of the Subdivi-
sion Ordinance. He said the lender will not make the loan because, with this
cloud on the title, the only way the houses could be sold would be as double
houses. Mr. Kline pointed out that the selling phase is no problem, but the con-
struction phase is.. Mr. Forbes said this is a definite requirement and, if it is
changed, it will have to go through the normal amendment procedure , before both
the Planning Commission and the Council and Public Hearings by both bodies. In
answer to.-Mr. Martin's question as to whether he believed the Ordinance should
be amended, Mr. Forbes said he did.
Mr. Conroy, representing the law firm who is examining the title for the
Security Bank in Falls Church for the construction loan, stated that he had found
this notation on the plat. He said the Bank had a request for six construction
loans, .contemplating six separate dwellings, but it was found that there were
. only -three. lots, with the restriction against resubdivision:. Hesaid this is
an impossible situation. from a title .examiner 's standpoint. He .said. that the
Bank has said .that they would not allow any construction draws until some pro-
vision is made so that these three lots can be resubdivided. Further discussion
of this matter followed, during which time Mr. Forbes pointed out that there is
a notation in the minutes of the Planning Commission that he personally brought
to Mr. Kline 's attention the fact that these double houses would have to be sold
as one building. Mr. Conroy said he would have to tell the Bank that these could
be sold only as double houses and it would then be up to the Bank to lend with
this knowledge and to take this business risk. Upon motion of Councilman Hill,
seconded by Councilman Orr, Council voted unanimously that the Mayfair Subdivision
problem be referred to the Planning Commission.
Mr. Alfred diZerega appeared, to ask that Council give its approval to the
Performance Bond for Section 1-B of Rock Spring Subdivision. Mr. Ritter' pointed
out. that this bond has been approved by Town Attorney George Martin and' that it
is for six lots. Upon motion of Councilman Murray , seconded by Councilman Orr,
the following Performance Bond was unanimously approved:
Know All Men By These Presents : That we Alfred diZerega, III , Agnes D.
Cook, Florence Ashbrook, Lucy D. Rich, T/A Rock Spring, Ltd. (herein-
after called the "Principal") and Fidelity & Deposit Company, a cor-
poration organized under the laws of Maryland And authorized to con-
duct business in the Commonwealth of Virginia (hereinafter called the
II/
"Surety") are held and firmly bound unto the Town of Leesburg, a mu-
nicipal corporation of Virginia (hereinafter called the "Town" ) , in
the penal sum of Ten Thousand Eight Hundred Forty-Five Dollars
($10,845.00) for the payment of which we and each of us bind our-
selves, our heirs, executors, administrators, successors and jointly
assigns for the faithful performance of a certain written contract,
dated the 17th day of November , A.D. , 1967, entered- into between the
Principal and the Town of Leesburg, a municipal corporation of Vir-
ginia, for : the installation of improvements in Rock Spring Section
1-B as follows: curb and gutter, driveway entrances, sidewalk, street
paving, temporary turn-around , sanitary sewer, storm sewer, catch ba-
sins, endwalls , water line and grading. A copy of which said contract
is incorporated herein by reference , and made a part hereof as if fully
.copied herein.
137
MINUTES OF NOVEMBER 22, 1967 MEETING.
The condition of this obligation is such, that whereas, the said Princi-
pal, 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 William W. Wilson, Civil Engineer , and ap-
• proved by the Town Manager and/or Engineer and The Virginia Department
of Highways, at the following location and designated as: Rock Spring,
Section 1-B, a residential subdivision located in the Town of Leesburg, .•
Virginia.
•
Now, Therefore , if the said principal shall well and truly perform 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.
In Witness Whereof, this instrument has been executed by duly authorized
representatives of the Principal and Surety this 17th day of November A.D. ,
1967.
Alfred diZerega, III •
N Agnes D. Cook
N Florence Ashbrook
(q Lucy D. Rich
�7 Trading As
Surety
•
ROCK SPRING, LTD.
• Principal
FIDELITY & DEPOSIT COMPANY
By /s/ G. P. Hammerly (Seal ) By /s/ A. L. B. diZerega III
(Attorney-in-Fact)
•
• By /s/ G. P1 Hammerly (Seal) Title : Gen. Partner
(Resident Agent)
•
Attest : (Seal)
(Secretary)
•
• Town Manager Ritter reported the following regarding various items on the
Agenda:
(1) Mr. Dew determined his bill on the basis of 6% of the total estimated
cost of the building and he is asking for 15% of this at this time.
(2) $2,000 was authorized earlier by Council for the asphalt on Liberty
and Wirt Streets. The actual cost, from Tri-County Asphalt 's bill, is less
than the authorized amount.
(3) The appropriation to Perry Engineering is the actual cost -of rock exca-
vation on the 8" water line on Rt. 7 East @$15.00 a yard.
(4) It is hoped that the electrical work can be done at the Town Shop for
$1,000.00, this being an estimate. He explained that a larger service line is
to be put into the building, which is work that should be done anyway. This
will include the cost of flood lights for emergency work at the Shop.
(5) He reported that the Telephone Company has agreed to put up the Christ-
mas lights at no cost to the Town, and the request to the Power Company for this
work should be passed tonight. He explained the formula used by the Power Com-
pany for the billing of electric energy and said that it should run about $1.50
per day, or approximately $35.00 for the electricity.
(6) He pointed out that the Table 7 before the Council members is a revised
table, a part of the Burns and McDonnell Report.
Mr. Rollins said he would like to have a meeting of the Council as a whole
after the regular meeting.
Councilman Hill asked if there is anything new on the Dog Ordinance and cited
instances of dogs biting children on the Catoctin Elementary School Playground.
Councilman Orr said a proposed Dog Ordinance would be presented soon.
•
. dJi�s
138
MINUTES OF NOVEMBER 22, 1967 MEETING. .
Mr. Hill also said he thought the Council might be interested in what type
of snow plan has been worked out. Mr. Ritter explained that we have two plows
for two trucks and that these are ready to go , it would probably take 15 or 20
minutes to mount the plows on the trucks.. The road grader will be used on the
primary streets. We also. have a spreader which will be used for chemicals,
this is mounted on-one truck and is ready to go. We have 450 bags of salt,
also small aggregate and sand is stocked for use. The men are lined up and
know which one will operate which truck and what he. is. supposed to do If it
starts snowing during the night, the Police have been notified that . the man on
duty will notify Mr. Weatherholtz when the snow is 2 inches deep or when ice be-
comes dangerous. If they cannot reach -Mr. Weatherholtz, they. will call Mr.
Ramaley or him (Mr. Ritter ) . He said they have stand-bys for truck drivers.
They would take the two primary streets first and then the more important secon
dary streets. Councilman Murray asked if Mr. Ritter thinks it advisable to lin
up with a commercial operator in case we run into something like we had two
years ago. Mr. Ritter said he would line this up with Tri-County, Perry Engi-
neering or Virginia Trap Rock.
•
Councilman Howard said that , in talking about one-way streets, he was won-
dering if the. block of Cornwall Street between King and Wirt (the usual street
taken to the Hospital) should not deserve some consideration.
Mayor Rollins said he has been badgered by letters concerning a bond found
by a man in Florida, said bond being a legal obligation by the Town, payable in
1902 in the amount of $500, secured by the old Town Hall. He said their inquiry
is whether the Town is obligated to pay this money. Town Attorney Martin said
• the statute of limitations is 10 years and this bond says payable in 15 years.
Upon motion of Councilman Murray, seconded by Councilman Fishback, Council voted
unanimously that this be referred to the Town Attorney to check out these matters.
Mayor Rollins pointed out that, regarding the copy of a letter from the
Planning Commission on the Phillips tract, Mr. Phillips will appear before the
Council on December 13th to ask the Council to rezone this. tract of land.
Mayor Rollins stated that, at the last session of Council , it was made clear
to the Airport lessees that their corporate matters would be gotten in order
or Council would consider cancellation of the lease. Since that time, there
have been meetings held and he asked that Councilman Murray inform the Council
what has taken place. Mr. Murray said that a meeting of the committee, Mr.
Colgan, Mr. VanGulick, Mr. Cowles and Mr. Hyde was held this past Friday. At
this meeting, the possibility of a separate corporation formed by Mr. Colgan and
Mr. Cowles was discussed , this corporation to take over for the duration of the
Chantilly Lease at a fixed sum of $1,000 per month and, from this fee, the Town
would- be paid their rent (approximately $300.00). One of the most attractive
portions of this arrangement would be that the remainder of this $1 ,000 would be
placed in an account for the purpose of taking care of the, creditors, and this
sounded attractive to the committee. He said that he believes we have somewhat
of an obligation to insure that any agreements at the Airport should make provi-
vision for the payment of the Bank notes, etc. It was hoped that Mr. Zebley and
other stockholders. would agree to this and, after the Town Attorney had gone
over it, it would be presented to the Council tonight.
Mr. Frank Hyde, speaking for Mr. VanGulick said that Mr. Martin, has received
a copy of the proposed agreement between Colgan and DIAC (Dulles International
Aircraft Corporation) and the Town of Leesburg, the import of this agreement be-
ing that Chantilly will assign its Airport Lease to Colgan and DIAC at the figure
of $1,000 per month for the unexpired term of the, Lease ; that Colgan (the operator)
would pay the Town and pay over the balance of the $1,000 to Chantilly. The
Town, in substance, is asked to approve the transfer of the lease. He pointed
out, however, that there are other provisions having to do with the signing of
this proposed lease by. Mr. VanGulick and Mr. Zebley, both individually and as
stockholders and by the executive officer of the corporation. He said he did
not participate in the negotiation of this contract , but he does not believe
that the Town would or should be a party to the lease , it involves a proposed
transfer of Chantilly 's lease to another group and the Town would reserve the
right of prior approval of arq. assignment. The Town would give its, approval to
Mr. Colgan and his associate 7 ssignees. As to the handling of the money, this
should not be a part of the lease , this is an internal matter of the corporation.
He said that the Town is asked to give its approval tonight to the transfer of the
Airport Lease from Chantilly to Colgan and his associates under the terms of the
agreement, based on this proposal which has been circulated , but which has some
details yet to be worked out.
139
MINUTES OF NOVEMBER 22, 1967 MEETING. •
Mr. Colgan said that where the funds are deposited does not make any dif-
ference to them, but it was their idea that these funds would be put in escrow
until Mr. Zebley and Mr. VanGulick could decide what they wanted to do -with
them. Mr. VanGulick said this could result in the- funds not being paid. Mr.
Hyde reiterated that Mr. Colgan's agreement would be with Chantilly Aviation,
that the internal difficulties did not concern the Town or Colgan. He said
it was agreed that some disinterested party should be brought in to carry out
the agreement that was roughed out quite a while ago and he was selected, but
he said he has not been able to bring the parties together.
Mr. Zebley said he has not been a party to the meetings, - but said that he
has seen this agreement and he is here tonight to do whatever the Town feels
is necessary to preserve Chantilly 's lease. He read a very lengthy statement
concerning what has transpired in the past and relating his feelings. He asked
Council members to comment on the services they• have seen out at the Airport.
Councilman Hill made several comments. •
Councilman Murray asked Mr. Zebley if he is opposed to this offer, that
his statement says, in essence, that this agreement cannot be carried out. He
asked Mr. Zebley if he would be willing to accept a lease of this type, payable
,q to the Town, out of which the- Town's rent would be paid and the remainder to go
C4 towards debts and the construction of T-hangars over a period of time and in
N such numbers as might be needed. Mr. Zebley said Yes, on one condition, that
Crb the present creditors of Chantilly could. not tie him up in lawsuits. Under
these circumstances, he said he would have an excellent man who would come in.
O Councilman Murray asked Mr. VanGulick if he would accept an agreement by Mr.
Zebley under the same terms as the Colgan-DIAC agreement. Mr. VanGulick said
- he would have to see the agreement and would like to know how the creditors
• would be paid. He said he could not understand why Mr. Zebley thinks Mr. Col-
gan and Mr. Cowles cannot make a go out of it if he can, after he lost so much
money. •
Councilman Murray said there would have to be very strict rules, and that
he thinks the creditors are due their day in Court too.
' Mr. VanGulick said he thinks this agreement is a solution, perhaps not as
desirable as they had, but if we don't accept it, we don 't know that Mr. Zebley
will come up with something better. He said he had a year to do something and
he thinks the time is now, in fact, it was a long time ago. Mr. Zebley said
he was stalling in order to give Mr. Colgan time to evaluate Godfrey Field.
He said this split operation really means that you are essentially putting in
two operators. He would propose to put in an integrated proposition. He said
that if he could be assured that there was "no can of worms left", there would
be any number of operators interested.
There were many spectators present and Councilman Hill asked if some of
them would like to say a few words. Mr. Max Clark stated that when anyone
tries to borrow money to build T-hangars, the Banks won't touch it, they say
the term of the lease is too short. He said.-he knows this has happened to both
Chantilly and Blue Ridge. He said that he understands the T-hangars at Manassas
were .put up by the Town. Mr. Colgan said they were , that the operator gets the
rent and pays the Town 10% of the construction cost. Mr. Clark said the Town
could build the hangars and make money.
Councilman Hill said: he would .like to go back. to the beginning of this
lease. He said that he would assume that , when it. was originally advertised,
everything was in order. He asked how long this continuity went along and when
the trouble started to develop. Mr. VanGulick said it began when Mr. Zebley
became a stockholder. Mr. Hyde said the Town has nothing to do with the in-
ternal affairs of the stockholders.
Mr. Cowles addressed Council, stating that Dulles International Aircraft
is trying to get approval to build a hangar, he said they would Prefer to work
this out with somebody else, rather than get into the middle of this lease.
He said Mr. Colgan would operate the Airport and sell and train, and that Dulles
would do the maintenance work, they would help each other and the Town. He
said .that. both.Mr. VanGulick and Mr. Zebley said .they wanted to make, sure that
the money would go to the creditors and that was the reason for incorporating
this into the agreement. He said they are prepared to move in as soon as every-
one is agreeable and that they believe the joint operation will be beneficial
to the Town.
Councilman Murray said he would like to have a resolution passed by Chan-
tilly's Board of Directors brought before this Council, to which everybody
agrees. Mr. VanGulick said such a meeting has been held and this has been done.
140
MINUTES OF NOVEMBER 22, 1967 MEETING. .
Mr. Beckman, attorney for Mr. Zebley, addressed Council , explaining Mr. Zeb-
ley 's position in this matter.
.Mayor Rollins and Councilman4Murray both said that the only thing Council
. has to do is approve the transfer -of this lease. However , Mr. Murray still said
he would like a resolution from the Board of Directors on this. Both Councilman
_ Orr and Councilman Hill said there should be financial statements and a Per-
formance Bond. Mr. Zebley said he would be agreeable at a Board of Directors
meeting if he were held harmless from the existing Performance Bond. Both Mr.
Cowles and Mr. Colgan said they would not hold harmless from the debts of Chan-
tilly Aviation. .
Town Attorney Martin said that the Town does not have to agree to sublease
or to assign. Mr. Colgan stated at this time that this offer either has to be
. accepted or rejected tonight. A recess was declared at this time and Council
then resumed the meeting at 10:05 P.M. .
Councilman Murray moved that Chantilly Aviation bring to this Council for
approval at the next meeting an assignment between Chantilly Aviation and such
other assignee as they may recommend to this Council. This motion was seconded
by Councilman Pumphrey and discussion followed. Mr. Murray reiterated his feel-
ing that he would like to see an official copy of the minutes of Chantilly that •
they. held a Board of Directors meeting and the results of that meeting as it
applies to this proposed assignment. Mayor Rollins said he thinks all we need is
. an assignment from Chantilly to "X" and will the Town agree to this assignment. . .
He said the same terms as the present Chantilly lease would apply; any other .
agreements would be. between the other two parties. Councilman Murray said he
thinks the new lessees should present the Bond and- financial statements. Mr.
Fishback said these bonds would be required under the lease already in effect. .
Mayor Rollins said Council would not be making the assignment, Chantilly has to -
do that. Mr. Cowles said the proposition has been made and the question is
whether Mr. Zebley will accept this agreement. Mr. Zebley's attorney said he is
not in agreement, unless this is what everybody else wants. He said the only
way to resolve it is now.
Councilman Murray moved to amend his original motion that Chantilly bring
to the first meeting in January an assignment between Chantilly Aviation and
such other assignee as they may recommend. to this Council , at which time the
Chantilly Aviation Corporation will have had time to negotiate the necessary
administrative procedures, including the- presentation to the Council of a copy
of the minutes of the meetings held by the Board of Directors and/or stockholders
of the Chantilly Aviation Corporation. This amendment was seconded by Council-
man Fishback.
•
Mr. Ritter pointed out that , while Mr. Colgan is on the field, we have full
insurance, if he moves, we have none. Max Clark said that all gas would be
hauled away this evening if Mr. Colgan will not be there in the morning.
Councilman Murray asked Mr. Colgan and Mr. Cowles if they would continue
to operate the Airport until January 10th, with the. understanding that, if such
details of an assignment cannot be worked out , the Council would, at this meeting,
pending the presentation. of the details thereof, look favorably upon such an as-
signment. Mr. Cowles said they would. like to work out something but , if the
January meeting did not bear fruit, they would like some assurance that , if there
is going to be a cancellation of the lease, they would be able to continue there
until such time as this could be worked out.
At• this time, Mr. Colgan and Mr. Cowles were given time to discuss this mat-
ter and other business was transacted by the Council, as follows:
On motion of Councilman Orr , seconded by Councilman Pumphrey, 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: •
$1,597.50 - William B. Dew, Architect. - New Town Office _Building.
General Fund-Capital Outlay.
•
1,563.13 - Tri-County Asphalt Co.-Asphalt for Liberty & Wirt Streets.
Capital Outlay-Street Resurfacing. -
141
MINUTES OF NOVEMBER 22, 1967 MEETING.
$ 210.00 - Perry Engineering Co.-14 c.y. rock excavation on 8"
water line Rt. 7 East. ($12,291.51 originally ap-
propriated-$12,501.51 final cost. ) Bond Issue Account.
1,000.00 - Capital Outlay - Addition to Town Shops, to be used
principally on electrical improvements.
On motion of Councilman Murray, seconded by Councilman Orr, the following
resolution was unanimously adopted :
WHEREAS, the Town of Leesburg assumed maintenance of the streets on
July 1 , 1967, and is now eligible to receive an Urban Grant for re-
construction of Primary Routes within the Corporate Limits, and
WHEREAS, it is the desire of the Town of Leesburg to set up an Urban
Project on Route 7, between Morven Park Road and Church, a distance
of 3325 feet, which project would consist of lowering the high crown
in the existing surface ; the building of new curb, gutter .and side-
walk and the laying of a new water line for the entire length of the
project (cost of water line to be borne by the Town) ,
N NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
N
N Leesburg, that the Highway Department be requested to make the neces-
Vr sar y field surveys y and prepare construction plans and estimated cost
on the above-mentioned project.
V
On motion of Councilman Pumphrey, seconded by Councilman Fishback, the fol-
lowing resolution was unanimously adopted :
WHEREAS, plans have been prepared by Walter Phillips for the construc-
tion of a storm sewer between King Street and Wirt Street, across the
properties of Semones and Durfey,
NOW, THERka ORE, BE IT RESOLVED by the Town .Council of the Town of Lees-
burg, that Walter Phillips be directed to prepare easement plats, and
I
that the Town Attorney be directed to prepare easement deeds across
the afore-mentioned properties.
. On motion of Councilman Howard, seconded by Councilman Orr , the following
. resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Town Manager be authorized to make application to the Virginia Elec-
tric and Power Company for the privilege of attaching to a number of
their poles along King Street and Market Street certain wires and
other fixtures necessary to provide decorative lighting for .the Christ-
mas Season, and
BE IT FURTHER RESOLVED, that the Town will assume all responsibility
. for each installation and agrees to save Virginia Electric and Power
Company harmless from any loss, cost, injury or damage to persons or
property resulting out of or arising from the installation, operation,
use, non-use or removal of such installations, and
BE IT FURTHER RESOLVED, that the Town of Leesburg agrees to assume re-
sponsibility for the payment to Virginia Electric and Power Company
for all electric energy used through said installations, with the un-
derstanding that billing will be made under the existing municipal
contract.
On motion of Councilman Murray , seconded by Councilman Howard, the following
resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
following real estate taxes are to be charged off :
$38.56 - Loudoun Laundramats (Culligan and Johnston properties.) This
was considered as part of the purchase price.
57.54 - Helen D. Weinstein and Milton Dunn property. Sellers paid
their share at date of sale.
142
MINUTES OF NOVEMBER 22, 1967 MEETING. - • - -
On motion of Councilman Fishback, seconded by Councilman Orr, Council voted
unanimously that free parking be allowed on the parking meters on the streets and
lot .from December 11th through December -26th. There was no objection to con-
sidering this matter tonight.
On motion of Councilman Murray, seconded by Councilman Howard, the follow-
ing resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that
Stella M. Collins be appointed Clerk of Court for the Town of Lees-
burg, to perform such duties as prescribed in the Town Charter, and
to receive such compensation as may be determined by the Council,
such appointment to become effective December 1 , 1967.
At this time, Mr. Colgan and Mr. Cowles returned to the meeting and Mr.
Cowles outlined the following:
- (1) Mr. Colgan says he will stay through Thanksgiving.
(2) We will operate at the Airport at the pleasure of the Council, but
not under the current situation. We feel that we have made the best offer that
we can make. Whether. it- is made tonight or later, we don't see .where any delay '
will -help the creditors. We don' t anticipate that two months ,will make any dif-
ference in the corporate difficulties. We will not be willing to .continue under
the current: situation. If Chantilly will accept this, we will go ahead. At any ,
time you would like us to assist, we will do it, but not with Chantilly.
A Mr. Freeman addressed Council at this time. He said he was the operator
of a field at College Park, Maryland. He said that if the lease is cancelled,
he and other members of his corporation would be interested in bidding on this
lease.
Mr. Zebley proposed that the lease be assigned to a corporation which he
would form and operate until the situation can be resolved. Mayor Rollins asked
Mr. Zebley what he would do if Colgan pulled out tomorrow. He said he had not
been in an operating position out there. Mayor Rollins repeated his question.
Mr. Zebley said that he would propose that his aircraft be used to meet the
schedule. Mayor Rollins asked him if he would have the tanks filled with gas.
He said notion Thursday, but he would expect the inventory to be replaced.
Mr. Zebley again asked that Council consider assigning of a lease to him. Mr.
VanGulick said Mr. Zebley 's statement was an additional way to defraud and delay.
Mr. Zebley 's attorney said that Mr. Zebley was operating until he was excluded
from the field and that was by the presence of a Town Policeman. Hesaid that
he felt that the actions taken here keep Mr. Zebley off the field. He said he
feels that the Town has some responsibility to Mr. Zebley and must give him
protection. He asked that the record show that Mr. Zebley has not refused to
go along with this proposal or any other proposal.
At this time a roll call vote of 6 to 1 showed the foregoing amendment to
Mr. Murray 's motion to be adopted , with Mayor Rollins voting against it.
The motion, as amended , and being as follows, was then defeated by a 6 to 1
roll call vote , with Councilman Murray voting for it :
That Chantilly Aviation bring to this Council for approval at the first
meeting in January an assignment between Chantilly Aviation and such
other assignee as they may recommend to this Council, at which time the
Chantilly Aviation Corporation will have had time to negotiate the neces-
sary administrative procedures, including the presentation to the Council
of a copy of the minutes of the meetings held by the Board of Directors
and/or stockholders of the Chantilly Aviation Corporation.
On motion of Mayor Rollins, seconded by Councilman Pumphrey,_ the follow-
ing resolution was unanimously adopted by roll call vote:
BE IT RESOLVED that the Council for the Town of Leesburg hereby officially
notify Chantilly Aviation, Inc. that they shall remedy their default on '
Section 11(a) , Section 11 (b) and Section 6 of the Lease, pursuant to Sec-
tion 20(g) of the Lease , and that their failure to correct these deficien-
cies shall result in the cancellation of this lease at the expiration of
15 days. -
14.3
MINUTES OF NOVEMBER 22, 1967 MEETING.
Mayor Rollins also said that he does not want to see the Police force of this
Town entering into this in any way. Mr. Ritter pointed out that the policeman
was not acting as an officer ,, he was working for Mr. VanGulick as. a strong-arm
man. Mr. VanGulick said he was acting as a witness.
Mr. Zebley re-entered his plea that the lease be transferred to a company
formed by him. Councilman Murray strongly urged that Mr. Zebley go back to Mr.
VanGulick and work out some agreement.
Mr. Hyde urged once again that the Council either Vote down or approve this
transfer. If it is approved, they are willing to work_out .the details. . -
Mayor Rollins asked informally if members of Council would go along with
this assignment. All but Councilman Hill said "Yes."
There being no further business, the meeting adjourned at 11 :05 P.M..
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