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HomeMy Public PortalAbout1969_02_12*290 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 12 , 1969 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 12 W. Loudoun Street, Leesburg, Virginia, on Febru- ary 12, 1969 at 7 : 30 P.M. The meeting was called to order by Mayor Rollins , with Councilman Fishback offering the prayer . 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. Pumphrey ; also Acting Town Manager Robert C. Forbes and Town Attorney George M. Martin. Town Manager James W. Ritter was in the audience for a short while . The Minutes of the regular meeting of January 22 , 1969 and the special meeting of January 27 , 1969 were approved as written. Mr . Forbes explained that Mr. Neil Marsh was unable to be present tonight, but that he proposed to. locate a trailer across from the Bowl- ing Alley on South Catoctin Circle, to be used as a temporary office for a used car lot . He presented several sketches of the location of this trailer . He asked that Council consider a waiver of the Ordinance which prohibits trailers in the Town for office use. There was no ob- jection to considering this tonight and the matter was discussed. It was pointed out that this would be setting a precedent, which would not be a good situation. There was no action taken on this matter and the Mayor said he would, therefore, consider the request denied. Town Attorney Martin asked that Council consider releasing the deed of trust on property at Round Hill owned by Mr. Crickenberger and Mr. Wright, which is a part of the security accepted for physical im- provements in Leesburg Country Club Subdivision, Section I, and substi- tuting therefor notes on 11 lots in Leesburg Country Club Subdivision which have been sold to Mr . Bradshaw. There is a letter stating that $80,000 has already been paid on these physical improvements . Motion was made by Councilman Murray and seconded by Councilman Pumphrey that we accept the surety of the deed of trust notes on the 11 lots in Leesburg Country Club Subdivision, Section I, in lieu of the pre- viously assigned acreage in the Round Hill area, as shown on the deed of trust dated October 22, 1968 . However, Councilman Hill said he would like this matter referred to the Utility Committee for fur- ther discussion and bring back a recommendation to next Council meeting. It was, therefore, referred to Committee . Mr . Forbes read a request from Virginia Electric & Power Company for permission to burn the remains of the old W. & 0. D. Railroad Sta tion House on S . King Street under the control and supervision of the Fire Department . Mr . Roland Flint , Manager of VEPCO, was present and explained that they are trying to clean up the debris left by the fire in the most economical way and said that the Fire Department feels this would be good experience for its members as well . He said they would expect to cover up the rubble and make it presentable . The brick structure is being rented for a used furniture business . Councilman Fishback said that he would like it to be specifically stated that the Town is in no way responsible for anything that might result from this fire. Mr. Flint said he could see no reason why the Town would be held responsible at all, that this is the reason for asking for the Fire Department to be there . On motion of Councilman Fishback, seconded by Councilman Orr, Council unanimously voted that VEPCO be granted permission to burn the remains of the W. & 0. D. Station House on its right-of-way in the Town of Leesburg, provided they will assume re- sponsibility for all liabilities and so state in writing . Councilman Hill suggested that we inform our insurance company that we are entering into this type of agreement with VEPCO and Mr. Forbes was asked to see that this is done . 29L, MINUTES OF FEBRUARY 12, 1969- MEETING . Mr. Forbes, Acting Town Manager, reported that arrangements have been made with VEPCO to install a new service line to #10 W. Loudoun Street and the electrician can then proceed with the wiring of the building. The Town crews have not been able to work in this building for the last several days because this work had not yet been done. They have cleaned up the old Lambert Garage in preparation for convening it into Town offices . The ceiling contractor has been contacted and it is hoped he will be here tomorrow. He reported that William M. Simpson has been hired as a laborer to work with Mr. Weatherholtz ' crew beginning February 17th. Mr. Moody reported on progress on the Sewer Plant as follows : On S-I, he said no records have been broken due to the cold weather, it is too cold to pour concrete and too muddy to bring in the trucks . However, he said they had kept going on the form and steel work and they have three walls about ready to pour. He said they are having trouble getting the proper concrete design mix and Crider and Shockey N have come up with a new one that he believes will be a better workable C7 one . Mr . Williams will give his approval on it very shortly, they want to have a good one ready when the spring pouring season arrives . He said what has been poured already meets requirements though. They are still cleaning up on S-II, have taken out the silt and mud, and should be ready for the final test by the end of the week. He said there should not be too much infiltration. On S-I11 he said they have run into underground springs and rock and they will have trouble in getting this line under the existing line. He said he believed there would be only one small estimate to come in before February 15th. Mayor Rollins said there seems to be some confusion with Mr. Wil- liams on Project S-IV, but he will be here on Monday to meet with the Utility Committee. Mayor Rollins said he had written to Mr . Martin, Town Attorney, con= cerning the advisability and legality of cancelling the lease at the Air- port . He also referred to a copy of a letter from Mr. R. L. David, who was complaining about poor service, etc . at the Airport . Mr. Martin said that, from the information he has compiled and if the facts are true, the Town can declare Chantilly in default and give them 15 days to clear the deficiencies . If this is not done, then the lease is automatically null and void. Mayor Rollins said he understands there are parties interested in taking over the lease of Blue Ridge Aircraft Corporation, and who wish and are prepared to build T-hangars. This matter was discussed briefly and Councilman Hill said he believed both sides should be allowed to present their case and then see if cancella- tion is the answer. On motion of Councilman Howard, seconded by Council- - man Pumphrey, the following resolution was adopted by a roll call vote of 6 to 1, with Councilman Hill voting against it: WHEREAS , the Council has been advised that Chantilly Aviation, Inc . is in default in the performance of certain of the cove- nants and agreements in the lease of a portion of Godfrey Field; BE IT, THEREFORE, RESOLVED that the said Lessee be and it shall be notified in writing of the following defaults, pursuant to Section 20 of said lease, which must be remedied within fifteen (15) days after receipt of this resolution: 292 MINUTES OF FEBRUARY 12 , 1969 MEETING. 1 . The failure to provide T-Hangars . 2 . The failure to furnish the requisite Performance Bond. 3 . The failure to provide one multi-engine aeroplane . 4. The failure to conduct a dealership for the sale of aircraft . 5. The failure to provide the information required by Section 12 of the lease, i .e. , certified and sworn copies of Federal Income Tax Return. 6. Discrimination in providing services . 7 . Failure to maintain runway markers . 8 . Subleasing without the prior consent of the Council . 9 . Failure to obtain approval in change of stock owner ship . BE IT FURTHER RESOLVED, that a certified copy of this resolu- tion be and the same shall be sent to Chantilly Aviation, Inc . by registered mail by the Clerk of this Council . TOWN OF LEESBURG By Mayor ATTEST: Clerk of the Council There was some discussion regarding installing a sewer line out Sycolin Road before the By-Pass is built, but no action taken. On motion of Mayor Rollins , seconded by Councilman Fishback, the following resolution of rescission was unanimously adopted: BE IT RESOLVED by the Council for the Town of Leesburg, that the following motions and resolution adopted on January 22, 1969 be and they are hereby rescinded : (a) Councilman Hill moved that we stick to the original thought, convert this room into a Treasurer ' s Office and renovate the house next door for a Council room, and leave the other two houses for rental property This motion was seconded by Councilman Howard Councilman Hill ' s motion was then adopted by a roll call vote of 4 to 3, with Councilmen Fishback and Orr and Mayor Rollins voting against it . (b) Mayor Rollins then moved that the Town Manager be authorized to finish the first floor of #10 W. Loud- oun Street to make it fully acceptable as a Town Council room. This was seconded by Councilman Orr A roll call vote carried the motion by 4 to 3, with Councilmen Howard, Murray and Pumphrey voting against it . (c) BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to dismantle the old Ford Garage that the Town of Leesburg purchased for the purpose of providing extra parking spaces . 293 MINUTES OF FEBRUARY 12 , 1969 MEETING. The proposed plans to use the old Lambert Garage for an office building were viewed and discussed and Councilman Fishback explained the costs involved . On motion of Mayor Rollins, seconded by Council- man Orr, the following resolution was unanimously adopted : BE IT RESOLVED by the Council for the Town of Leesburg, Vir- ginia, that the Town Manager be and he is hereby authorized to proceed with the alterations to the building at 10 West Loudoun Street for its conversion of the lower floor into a Council Chamber, in accordance with plans previously approved, and BE IT FURTHER RESOLVED by the Council for the Town of Lees- burg, Virginia, that he is hereby authorized to proceed with the alterations to the building commonly referred to as "The Lambert Garage" for its conversion into Town Offices , in ac- cordance with plans previously approved, and BE IT FURTHER RESOLVED by the Council for the Town of Lees- CQ CQ burg, Virginia, that the sum of $21 ,000 be and the same is Gni hereby appropriated and charged to Capital Outlay-Town Office Building . U A Public Hearing was held at this time on a proposed amendment to the Leesburg Subdivision Ordinance. Mr . Forbes explained that it was felt that the requirements for bonding subdividers for physical im- provements in subdivisions were too rigid and this amendment would al- low the Council more flexibility in setting the requirements of subdi- viders . There was no-one present to speak either for or against this proposed amendment . Therefore, on motion of Councilman Fishback, sec- onded by Councilman Pumphrey, the following Ordinance was unanimously adopted: WHEREAS , the Council for the Town of Leesburg, Virginia, hither- to, at a regular meeting held on October 3, 1968 requested the Leesburg Planning Commission to consider an amendment to the Leesburg Subdivision Ordinance, whereby the said Council could legally accept "surety acceptable to the Council" in lieu of a performance bond for physical improvements in subdivisions ; and WHEREAS , the Leesburg Planning Commission, at a regular meeting held on November 7, 1968 , caused a Notice of a Public Hearing on the question of amending the Leesburg Subdivision Ordinance to be published on the 14th and 21st days of November, 1968 in the Loudoun Times-Mirror, a newspaper published in and having general circulation in the Town of Leesburg, a Notice in ac- cordance with the provisions of Chapter 11, Article 1, Section 15. 1-431 of the 1950 Code of Virginia, as amended, that the said Commission would hold a Public Hearing, which Public Hear- ing would be held on December 5, 1968, and which Notice desig- nated the time and place of such hearing ; and WHEREAS, the said Planning Commission did hold such Public Hear- ing and heard all persons desiring to be heard on the question of amending the Leesburg Subdivision Ordinance; and WHEREAS , the said Planning Commission thereafter considered the question of adopting the proposed amendment to the Leesburg Subdivision Ordinance and, at a regular meeting held on the 5th day of December, 1968, duly adopted and recommended to the Leesburg Town Council the enactment of the proposed amendment ; and =.294 MINUTES OF FEBRUARY 12 , 1969 MEETING. WHEREAS , the Council for the Town of Leesburg, Virginia, at a regular meeting held on December 11, 1968, caused a Notice. of a Public Hearing on the question of amending the Leesburg Subdivision Ordinance to be publishedonthe 9th and 16th days of January, 1969 in the Loudoun Times-Mirror, a newspaper pub- lished in and having general circulation in the Town of Lees- burg, a Notice in accordance withthe provisions of Chapter 11, Article 1, Section 15 .1-431 of the 1950 Code of Virginia, as amended, that the said Council would hold a Public Hearing, which Public Hearing would be held on the 12th day of Febru- ary, 1969 , and which Notice designated the time and place of such hearing ; and WHEREAS , the said Council did hold such Public Hearing and heard all persons desiring to be heard on the question of amending the Leesburg Subdivision Ordinance ; NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of Leesburg, Virginia, that the Leesburg Subdivision Ordinance be and the same is hereby amended as follows : Amend Section IV, c . 3 . by deleting, subsequent to the word "Form," the words "by an acceptable surety company," and in- serting in place thereof the words "with surety satisfactory to the Town Council . " On 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 an appropriation be made in the amount of $1,000 to pay Craigie, Inc . for services rendered in accordance with their letter. On motion of Councilman Pumphrey, seconded by Councilman Howard, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Mayor be authorized to execute the Epilepsy Foundation Sewer Easement Deed, and BE IT FURTHER RESOLVED, that the Town Manager be authorized to record said deed. On motion of Councilman Murray, seconded by Councilman Howard, the following resolution was unanimously adopted : BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, that the Town Manager be and he is hereby authorized to invest $250 ,000 of the 1967 Bond Issue for a period of 60 days at 57:3/47 interest with First and Merchants National Bank. On motion of Councilman Pumphrey, seconded by Councilman Hill, the following resolution was unanimously adopted: WHEREAS, the Leesburg Kiwanis Club proposed to erect a struc- ture on public right-of-way at each of the main entrances to the Town of Leesburg, Virginia, for the purpose of displaying civic organization signs, and WHEREAS , a drawing of the proposed structure was presented to the Leesburg Planning Commission at a regular meeting held on February 6, 1969, and s 29 5 MINUTES OF FEBRUARY 12, 1969 MEETING. WHEREAS, the said Planning Commission approved of the idea and drawing of the proposed structure and recommended to the Town Council its approval, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, that the Leesburg Kiwanis Club be and it is - hereby granted permission to erect a structure on public right-of-way at each of the four main entrances into the Town of Leesburg for the purpose of displaying civic orga- nization signs, in accordance with the approved drawing of the structure, and at a location approved by the Town Manager . On motion of Councilman Howard, seconded by Councilman Fishback, the following resolution was unanimously adopted: • BE IT RESOLVED by the Council for the Town of Leesburg, that the position of Deputy Treasurer be created as of March 1, 1969, and N BE IT FURTHER RESOLVED, that a salary of $6,000 per year be set as the beginning salary for this position. On motion of Councilman Pumphrey, seconded by Councilman Fishback, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council for the Town of Leesburg, that the Town Manager be authorized to contact Mr. D. A . Nim- ick, Attorney for the Rust family on Edwards Ferry Road, for permission to enter upon and make surveys on the Rust property in connection with the water line from the Potomac River to Leesburg and the building of a Filtration Plant, and BE IT FURTHER RESOLVED, that the Town Manager be authorized to contact Mrs . Carr as to the location of a proposed Water Storage Tank on her property. Mayor Rollins asked Councilmen Murray and Howard, as members of the Airport Committee, to consider the possibility of an interim operator for the Airport if the lease is cancelled, and also asked that a new lease be drawn or else revise the present one. Councilman Howard asked Mr. Forbes to contact Colgan at Manassas to secure a copy of their lease. Town Attorney George Martin said that the Town Manager had asked him to draw a deed conveying one-half of Clay Road, which runs by the Sewer Plant, to the Town of Leesburg. He said there seems to be some question on this inasmuch as there are two sewer lines running across this road and since -Mr . Williams owns all of this road, which is actu- ally non-existent, and he wanted to know just what the Council wishes him to do. It was the general consensus that Mr. Martin would draw a • deed whereby the Town would acquire one-half of Clay Road from Mr. Williams . There being no further business , the meeting adjourned at 9:25 P.M. 1 Mayor Clerk o the Council ,