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 ,