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HomeMy Public PortalAbout1969_03_12 1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 12, 1969. A regular meeting of the Leesburg Town Council was held in the new Council Chambers at 10 W. Loudoun Street; Leesburg, Virginia , on March 12 , 1969 at 7 :30 P.M. The meeting was called to order by Mayor Rollins , with Councilman Howard 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 Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. The Minutes of the meeting of February 26 , 1969 were approved as written. Town Manager Ritter reported the following : (1) He attended two meetings recently , one in Richmond at the Virginia Municipal League offices . The purpose of this meeting was for members from Towns and Counties to consider the recommendations that the Study Commission was making to the Legislature concerning the • requirements for a Town to become a City . The Study Commission was recommending that the population be 25 ,000 in order for a Town to be- come a City . No agreement was reached in these discussions , since some c: representatives felt it should be left as is - 5 ,000 for a second class City and 10,000 for a first class City ; some felt- it should be set at 7 ,500 , some at 10,000 and some at 15 ,000. Then there was a group that felt that population should not be the only consideration, but that the Town 's financial position should be considered, whether they could prove by report that it was financially feasible for a Town to become a City. If such feasibility were proven and the County had no objec- tion, then it would go before a Court similar as is done at the pres- ent time . No decision was reached at this meeting, and it was de- cided that the Towns would express their views before the Legislature the following day, then the Counties-would do the same, and it would be explained that a - Committee had been formed and some decision would be reached in the near future on mutual terms . ` He attended a meeting at George Mason College last night regarding the formation of new Planning Districts by the State. This was for the purpose of hearing representatives from District 8, of which Leesburg would be a member, along with Fairfax, Arlington and Prince William Counties , as well as Loudoun, and various cities in the same area. He said he was surprised at the little interest shown and the lack of representation from some of the locales . Mr. Hunter Leach and Mr. Paul McDonald also represented the Town of Leesburg and Mr. McDonald made a very nice talk. Loudoun County was not- represented. The formation of these districts would be based on the compatibility of the Counties , Cities and Towns in this area, those who have-similar growth patterns and who all have the same problems . The theory is that all of these problems know no government boundaries . In the final analysis , the Districting will be done by the State Planning Commission in Richmond, but this was just one of many Public Hearings being held to give these Counties , Towns , etc . the opportunity to speak for or against it. It . is felt that Leesburg and Loudoun should- be grouped with Fauquier County. (2) Plans have been received on the new Post Office Building and the contract has been awarded to Furman Builders in the amount of $284 ,000. The plans are being sent to Dewberry, Nealon & Davis for checking and work will start immediately. ' • (3) A letter has been received from the Highway Department regard- ing the Town 's request to extend Lee Avenue. Mr. Ritter- read this letter to Council, the letter stating that the Town 's request has been denied because of Lee -Avenue 's close proximity to the interchange at Route 15 . (4) Limbach Construction Co. is- getting started on Sewer Project S-IV. Ninety days has been set for completion of the job and the con- - tract has been submitted for execution. (5) He explained -several items on the Agenda. MINUTES OF MARCH 12 , 1969 MEETING . (6) The contractor has started installation of runway identifier lights at the Airport . These will be of benefit to those who fly at night . A copy of the Manassas Airport Lease has been received and studied and is ready for Council review. Mr. Moody reported on progress of the Sewer, Projects as follows : On S-I, all tanks will be poured by next week and they can get started on the two main structures . They have done very well, consider- ing the bad weather and the few employees - these are getting harder to get every day. On S-II , they are still cleaning pipe down close to the lower end through the Kincaid property. They are still meting leaky joints found in the upper half of the line. Hopefully , final tests will be run in the next week or two on the upper section. On S-III , they have finally gotten into better material behind the Fire Department Field, there is not as much rock to blast through. Four sections of pipe were put in today. There is a series of rock and muck under the rock, which had made it hard to blast through and there were times when they had to blast 3 and 4 times in order to get through the rock. They are working toward the end of the line , but have two leave-outs to be finished, so it will be about another two months before S-III is completed. Work has started on S-IV today , they are digging earth, testing . for rock, in order to get started. Mayor Rollins stated that the first meeting in the new Council Chambers is apparently very timely inasmuch as there is such a crowd present for tonight 's meeting. Mr. R. K. Gheen congratulated Council on the work they have done in the new Chambers . Mayor Rollins said that there have been charges and counter-charges regarding the Airport, letters have been received concerning the operation, and Council sent official notice to the present operator, citing points that the Council felt were in default of the lease. Since that time , there have been those who supported taking action to cancel the lease, and others who think the operation is fine and see no reason for any change . Therefore, at the last Council meeting , it was decided to have what might be considered a public hearing to hear those who might wish to say anything that would assist the Council in making up its mind. Basically , it boils down to a legal question as to whether or not the operator is in default under the lease. Another matter might be policy, whether or not you think it is being operated properly. Council wishes to hear any comments you might wish to make pro or con before we make any decision or some modification to work out this situation. The following are those persons who spoke regarding the Airport , along with their comments : Mr. Stanley Caulkins said that, after looking at the Airport fa- cility last week, there are many things in bad repair and he does not know where the responsibility lies , whether with the operator or the Town. He said the fence rows are grown up, the drainage is bad, some from lack of mowing, and the ditches are filled with rock. The cul- verts are undermining and there are several runway lights missing. Mr. George Hammer"), spoke of the indebtedness by Chantilly, with no interest or attempt being made to meet it. Mrs . Louise Mace stated that she and her husband were pleased with the service at Godfrey Field. Mr. Merrill Armour said he believes it a shame that the Town of Leesburg will permit such an asset to become so badly run. This has been a controversial matter for two or three years . He also said if it is a legal matter, it needs no debate, but, as a practical matter, the Airport has great assets and should be a money-producing asset for both the County and the Town and something in which there should be pride . 3 MINUTES OF MARCH 12, 1969 MEETING. Mr. David Pearce is more disturbed over the glider activities than anything else , particularly from a safety standpoint. He thinks the glider operation should be away from the Field. Councilman Murray said it seems that it was just several meetings ago that the operator of the glider operations came to Council.and said his business generated 60 per cent of the business at the Air- port. Perhaps we should turn this into a glider operation. Mr. Zebley said he looked at the books on this and they pay 20 per cent of the tie-down fees , use 15 per cent of the gas and are only 7 per cent of the gross income . They take about 60 per cent of the field time available , and it is true that they are about 100 per cent of the complaints . Mr. Herbert Sumney thinks it is time something is done to settle this controversy. Mr. Edward O 'Brien also thinks it is time to do something and give the Airport a chance . Mr. Zebley - A little over a year ago, he promised to.keep the internal strife of the Airport out of the Council and he has done this . Until. the letter citing the defaults , he thought they were going along reasonably well . He believed complaints should come to him first, then if no reply is received, it should be referred to the Town Manager, C: then to the Airport Committee , and if it is determined worthwhile , that he be called into it . He said this was what happened with the complaints concerning the glider operation. Most of his customers are not from this area here . His boys have gone through the daily tickets and they . had 121 different individuals who used the Airport in a 7-month period, and wrote 1,083 contracts to fly , although some of these were telephone contacts . He pointed out that this kind of business meant they had to have the proper equipment , instructors , etc . It is unfortunate that they have been cited indefault of the terms of the lease, because this set them back in their hopes to finance T-hangars - those interested in this have now withdrawn. He does not think a new operator could solve the present problems any more than he can. Mr. Robert Cochran wants to know whether or not T-hangars are go- ing to be available at the Airport , says he applied for hangar space four years ago. Mr. Zebley - They are aware of the need for T-hangars and he admits that this is a problem. He said he hopes Blue Ridge Aircraft can build T-hangars , as they are proposing to do. - Mr. Huck - There are things that can be said both pro and con as far as Chantilly is concerned. The brand of oil for his aircraft was not available at Chantilly. However, on the plus side , his wife took some instruction at Chantilly and it was outstanding. Councilman Hill asked if the drainage problem was known when the Airport was built . Mr. Hammerly said there were ditches designed to take care of the drainage. Mr. Hammerly requested Council to go into executive session, with Mr. Zebley 's people remaining, in order that, he might present a finan- cial proposal. Mayor Rollins said this would be up to the Council, that, under the new Legislature, Council must vote to. go into executive session. Mr. Zebley said he is interested in any proposal that will solve their financial problems at the Field. He said it would seem a more reasonable approach for Council to recommend that they get together, and requested that his period of time be extended. . Mr. Hammerly said. his offer is predicated on this being heard tonight and he thinks it essential that it be heard. There are a lot of finances involved here. He said that Council asked him to answer the nine items in default or else his lease would be cancelled tonight . He said he has a solution that should be heard tonight . 4 MINUTES OF MARCH 12, 1969 MEETING. On motion of Councilman Murray, seconded by Councilman Pumphrey, Council voted by unanimous roll call that the final decision concern- ing the termination or continuance of the present lease between the Town of Leesburg and Chantilly Aviation be tabled until the next meet- ing. • Mr. Merrill Armour said he understood this meeting would. determine what action would be taken in regard to the Chantilly lease . Mayor Rollins said Chantilly has replied by letter, but Council has not had a chance to discuss this and determine default as yet . Mr. Armour said this bad situation has existed. for a couple of years , and, if Council has no intention of doing anything , he would have the right to file suit . Councilman Orr said Council is certainly not trying to delay this, that he has been pushing for a long time to get something done about the Airport situation once and for all. They have heard the pros and cons tonight and need time to study this . Executive session would not be appropriate tonight . Mr. Hammerlysaid he has a judgment against Chantilly Aviation to • be presented in Alexandria Court for Bankruptcy, or else heshas an offer from Mr. E. Carl Hen9en, owner of Sterling Concrete Co. , Northern Virginia Steel and many other interests in Northern Virginia . He read a letter from Mr. Hen9en, giving him the authority to negotiate for the purchase of Chantilly Aviation, subject to the Town 's approval. He said he would pay all claims against Chantilly, however, a list of such claims would have to be presented before he signed any contract . Mr. Hammerly had a check in the amount of $5 ,000 in. order to Wind the. contract, should an agreement be reached by the parties tonight. He said that Chantilly is indebted to many people and either he is going into bankruptcy or going to negotiate this deal tonight. It will take the acquisition of Mr. Zebley 's signature and the acquisi- tion of the Council to preclude bankruptcy. He said Mr. Hen9en is the owner of some $2,000 ,000 worth of aircraft , and his attorney is in the audience . Mr. Kramer, attorney for Mr. Hen9en, said that Mr. Herren is standing by the telephone in order to consummate this transaction. He said he believes this is the way to get Leesburg out of its prob- lems . Councilman Orr asked what he meant by "legal. debts . " Mr. Ham- merly said "all reasonable liabilities of Chantilly incurred in the operation." He also said he would like to know the liabilities so that he might talk with Mr. Hen9en. Councilman Murray asked if this would include fixing the drainage. He said that he has constantly heard, in his four years on this Council, about the tremendous asset the Airport is and can be, but he has yet to see one single business the Airport has brought in. ' He said Mr. Hammerly had remarked that the Airport has not cost one taxpayer one thin dime. He said he will not vote for any of the Town 's. money to be diverted from other things for the Airport. Without sewage, you will not get industry out there. The Airport is designed for G.I . 's taking instruction under the G. I . Bill, for gliders or for individuals . tr.Mr:jHammerly'Said •that . private aviation has in- creased 100 per cent since the Airport was built . There is no dealer- ship there at present and 1y,i, t was not built for fun. It is built for business , and he said that1/ nd a lot of others bring in a lot of busi- ness to the Town. Mr. Murray said that if Mr. Hammerly could buy the- Airport for more money than other bidders who might be interested, it would be o.k. , but he is willing to wait two more weeks . • Dr. Hocker spoke of an Airfield at Hershey, Pennsylvania , which is no larger than the one here , but is producing far more revenue . He said it is unfair to say that this Field is a playground for people who want to just fly planes . Also , he said nobody has put any money into this Field. . Councilman Murray retorted that this Airport has been nothing but a playground in the four years he has been on Council. Colonel Harkness said he and Captain Calhoun are both airline pilots and they would like to see this matter tabled for a couple of weeks and let some of those who are interested have a chance at it , themselves included. J MINUTES OF MARCH 12 , 1969 MEETING. Councilman Murray asked Mr . Zebley his feeling in regard to Mr. . Hammerly 's offer. Mr. Zebley said he feels that something of this kind could be some kind of a "fix" and a business deal of this nature needs to be studied. Mr. Sumney thinks that, in all fairness , - this should not be con- sidered a railroading proposition. He said they had allibeen led to believe by the press that some decision would be made tonight. Mr. Hammerly reiterated that he has a solution to get everybody I in Leesburg paid and that, at this time last night, he did not have this offer. He said it started after 9 P.M. last night because Mr. Helen realized that this Airport was in real trouble . He said he would not deny that he had a hand in Chantilly Aviation in the begin- ning and that he did .everything he could to help them until Mr. Zebley came into the picture . He said there was no dealership for planes there at the present time . Mr. Frank Marshall from Manassas said Mr. Zebley has no dealership with him at this time. Councilman Orr said he believed the whole 'jiit of this meeting had been missed. There was a letter drawn up by the Town Attorney listing L the nine points in question, and it was his impression that these would O be presented tonight, and he said he would like to know if these points havebeen satisfactorily answered. Town Attorney Martin said he has preceived no answer. , Q Mayor Rollins said that , whenever the Airport is discussed, people become emotional and he is sure that some of this emotion is caused for good reason (finances) . It is his personal feeling that he is not satisfied with the operation of the Airport (although he would not specify any particular item of default) , but he thinks more business could be generated. He thinks there is a serious question with the financial problem and that it is going to take considerable money to make it a growing enterprise . Mr. Zebley bought out his other partner at a bad time and inherited a bad situation, however, the situation I . exists . .He said he would probably vote to cancel this lease, but there are several ways around this situation. If the Town cancels , they could have a lawsuit facing them if they did not have legal grounds upon which to cancel it . At the same time , they do not want to see $50,000, $60,000 or $100,000 in judgments entered against the Town . He said Judges and lawyers differ, but he has always thought the best way out of this is to sell the corporation to another party . for X amount of money and then have this Council either approve or dis- approve it . If the parties are not financially able , it would have to be readvertised and you would have to have an interim operator for . several months . He said he would think that if Mr. Zebley could find a person to offer him a certain amount of money for his shares of stock and who would pay off his creditors , . he would certainly vote to approve a transfer. However, the Council could not take any action tonight , they would have to have approval from the majority of stockholders of Chantilly Aviation first , then it would be given serious consideration. This is taking too much of Council 's time and he feels that, either Council should give Mr. Zebley a vote of confidence, or else tell him the lease will be cancelled if he does not sell his stock. Councilman Murray called attention to the fact that one letter written recently by Mr. Hammerly to Mr. Ritter was also sent to two former members of Council, rather than the present ones . He also quoted a paragraph from a letter written by Mr. Hammerly to Mr. Martin on January 16 , 1969, in which Mr. Hammerly requested that the "airport I be placed in the hands of competent people. " He said he could not see how this Mr. Here en could be judged "competent" without first investigating him. The motion, as adopted earlier in the evening, to table this mat- ter for two weeks wasalbeed:i to stand on the books and the Airport matter was closed at this time. fi MINUTES OF MARCH 12 , 1969 MEETING . Mayor Rollins stated that , at the time the route for the southwest quadrant of the By-Pass was considered in 1964, hearings were held re- garding the two routes to be considered, one to cut through the Myers Subdivision and come out on Route 7 by Dr. Brann 's house , the other to follow the W. & 0. D. right-of-way and come out at Clark 's Gap. At that time , the Town Council went on record as favoring Line - "B" (the W. & 0 . D. right-of-way) . However, the Highway Department decided that it would go via Line "A". Now, the Highway. Department and VEPCO have acquired the W. & 0 . D. right-of-way and the Highway Department has changed it `mind and decided it would prefer Line "B'.' (Mayor Rollins pointed out the two lines on a map. ) Now the Highway Department wants the Town to reconsider- its position. Mayor Rollins explained that the Highway Department will hold a Public Hearing on this matter. He read to Council a letter from the Planning Commission, in which this body recommended the affirmation of using Line "B". The question is now be- fore the Council and Mayor Rollins asked first that those who favor the ' • W. & 0 . D: iine speak. • - - Mr. Alfred L. B. diZerega , III said Line "A" would close in Lees- burg , and:he believes Line "B" would be the proper way to go: Mr. Frank Myers was in favor of the 'W. '& 0 . D. route, which would give the Town a By-Pass , instead ora by-section. This route would give the Town and County six lanes of traffic . Also, if Line "A" is used, there would be a bad left turn at the foot of the hill and this would . be a hazard. He said the Highway Department proposes to take all of the right-of-way on the north side of the Railroad until it gets to Clark 's Gap. He recommended that Council reaffirm its position. He , also spoke for Mr. R. K. Gheen, who had - tip leave the meeting . Mr. Frank Caldwell said he was on the Planning Commission during the preliminary meetings and his only opposition to Route "B" would be that the future growth of the Town would be circumscribed by this . He said that he is in favor of Route "B" -as he was years ago. There was no-one else present in favor of the W. & 0. D. route. Those speaking against this proposed route spoke next , as follows : Mr. Charles Norris stated that this is the fourth time they have been faced with this problem. They had purchased land on which to build a house and held up construction twice, waiting to see what the Highway Department was going to decide . They moved into their house in 1964 and this situation was again brought up, but the Highway De- partment again approved Line "A". Now, in 1969, they bring it up again and express their desire to have it come up the W. & 0. D. right- of-way to Clark 's Gap and this would take his house . He said he cer- tainly did not think it fair to those living along this route to be faced with this same situation four times in a row. As far as the By- Pass creating a buffer for the growth of the Town, he said he did not feel that this is a legitimate reason, there is already growth on one side of the By-Pass on Route 15 and he does not believe that growth will be stopped, regardless of where the By-Pass is located. Mr. Joseph Pesi, who is building a home on Dry Mill Road, also op- poses this route . Miss Madge Barclay said she would possibly lose only 20 feet of her property if this route is taken, however; she does not feel that it is good Town or County Government for the people who live on this route to be constantly upset by the Highway Department 's indecision in this matter. - • Miss Anna Hedrick, President of the Loudoun Hunt Club, said that the W. & 0. D. Route would split their property in half and they would have to move their kennels . She said that everyone out there prefers to live in the country and they don ' t wish to be bothered with the traffic of a By-Pass . She did not think the fact that the Railroad right-of-way would be cheaper was as important as the fact that there were people who had relied on the previous decision of the Highway De- partment and had built their homes along this route. Miss Mildred Gaines said she built in this area in order to raise horses and to ride, etc . She believed this route would split the most beautiful part of Leesburg and take the best residential section. 7 MINUTES OF MARCH 12 , 1969 MEETING. Mr. Richard Stokes read a prepared statement , which may be found in the files in the Town Manager ' s .Office . In essence , this statement expressed his dissatisfaction with the W. & 0. D. route since it would .split his property in half, and his feeling that the people have a right to depend on the announced decisions of the Highway Department and that the Department should honor the trust of the public . He also repre- sented Mrs . Stanley Greene , Jr. , whose house would be taken if the W. & 0 . D. route is followed. Dr. Hocker stated that he believes the By-Pass should be built for posterity - that he is in sympathy with those who would lose their property, but he still believes this should be built for the far dis- tant future, not just for the present . Miss Gaines said she also represents Miss Katie Alexander Grimes , who is against the W. - & 0. D. route. Mr. James Tyler said he has a selfish interest in this since he is a Director of the 4-H Group and he doesn ' t believe this W. & 0. D. route would help their property. He said he thinks the Highway De- partment is committed to Route "A" and that it is up to this Council to help speed up whatever they are going to do . p Councilman Orr said that, when this matter came up before, a lot ^e` of these people had not built their homes . After the-Highway Depart- ment decided on Route "A'.' , these people trusted the State 's decision L` and built their homes . He doesn ' t think the -State should change its mind in this way, this is a matter of honor. He believes the Council should go on record as favoring Route "A" , the Highway Department 's original decision. He said he did not believe the Planning Commission would have recommended Line "B" had these people beenpresentat the meeting. Councilman Fishback agreed with Dr. Orr in that he believes the citizens should be able to rely on what has been promised. He said he was originally in favor of going up the Railroad and affirmed the origi- nal decision of the Planning Commission, but he has changed his mind after thinking about what these people have invested. However, he said it would cut the Town off from growth in this area unless an underpass or overpass were built . There will never be more than a two-lane road from Clark 's Gap to Leesburg unless they stick -to Route "A" . He be- lieves it would also hurt business in Leesburg to go up the Railroad track. - • Councilman Hill said he came to the meeting in 1964 as a property owner and was very much satisfied with the position the Town took at that time. He said he is naturally prejudiced since he lives in the area that would be affected by Line 'A" . He believes this route would restrict the growth of the Town to the west and thinks this would be a good residential area. Also, he believes there would be a traffic hazard at the foot of the mountain if Line "A" is followed. He; there- fore, favors Route "B" . Councilman Pumphrey said he would like to see the plan on the in- terchange . He said he voted for Route "B" several years ago and, at that time , he thought it the best route to take- and possibly the most economical. The Highway Department said they would still have to four-lane Route 7 down to Leesburg and he would think, with the growth we have had, they would still have to do this . He said he would vote for Route "A" . . Councilman Howard said he is in sympathy with the people who would be affected going up the W. & 0. D. route, but he thinkswe should be consistent . He thought Dr. .Hocker.'s point was well taken, the Warren- ton By-Pass runs right through the middle of Town. He said, to look to the future , the best route would be Line "B" . Councilman Murray said that, if the Highway Department did not concur with the Council ' s decision before, what would give us the idea that they would this time , they do what they want to anyway. Also, these people will have the same opportunity at a Public Hearing and he doesn 't think we need to take any stand on this matter tonight . 8 MINUTES OF MARCH 12, 1969 MEETING . Mr. Pesi said he did not think business would be affected, re- gardless ofwhere the road goes. Mayor Rollins said that he agrees with Dr. Hocker 's statement . He said he dislikes seeing anyone s property taken, but , representing the Town, we do need a road and he believes the Highway Department will put it where they want it. On motion of Mayor Rollins , seconded by Councilman Murray, the following action was adopted by a roll call vote of 5 to 2, with Council- men Orr and Pumphrey voting against it : ' That the Town of Leesburg ask the Highway Department to have ..i_' a rehearing on this matter, and, after a hearing, that they determine which way they want the road to go, and that this Council will stand behind . their decision. On motion of Councilman Orr, seconded by Councilman Pumphrey, the following Ordinance was placed on the floor for discussion: BE IT ORDAINED by the Town Council of the Town of Leesburg , that Chapter 22 , TRAILER CAMPS, be amended to permit the use of "Mobile Offices , " by adding the following : Sec . 22-1. Definitions . Mobile Office . The term "mobile office" shall be taken to mean an office .on wheels, so designed and .so constructed as to permit occupancy thereof as a temporary office used or intended for use during the erection of a .structure on the same lot occupied by the "mobile office. " Sec . 22-5 . 1. Regulation of parking of mobile offices. It .shall be unlawful within the limits of the munici- pality for any person to park a mobile office on any street , alley, highway or other public place in the municipality, except on a lot where a building or structure is being erected, and where the use thereof is pertinent and neces- sary to the construction of such building or structure, pro- vided, however, that no living quarters shall be maintained. A permit for a specific length of time shall be gotten from the Town Manager. If said mobile office is to be connected to Town water and sewer, a permit is to be acquired and fees paid to the Town. If, at the end of construction, said con- nections are not to be used for the permanent structure , the applicant shall be responsible for returning said connec- tions to their original form. On motion of Councilman Fishback, seconded by Councilman Murray , Sec . 22-5 . 1 of the above was amended to read as follows : Sec . 22-5 . 1. Regulation of parking. of mobile offices . It shall be unlawful within the limits of the municipality for any person to park a mobile office on any street, alley , highway or other public place in the municipality , except on a lot where a building or structure is being erected, and where the use thereof is pertinent and necessary to the construction of such building or structure, provided, however, that no liv- ing quarters shall be maintained. A permit may be issued by the Town Manager for a period not to exceed 12 months. Such permit may be extended by the .Town .Manager for further per- iods not to exceed 12 months each. . If said mobile office is to be connected to Town water and sewer, a permit is to be acquired and fees paid to the Town. If, at the end of con- struction, said connections are not to be used for the per- manent structure , the applicant shall be responsible for re- turning said connections to their original form. The Ordinance , as amended, was then unanimously adopted. 9 • MINUTES OF MARCH 12, 1969 MEETING. On motion of Councilman Fishback, seconded by Councilman Pumphrey, the following resolution was placed on the floor for discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Town Manager be authorized to ask for bids on two (2) sanitary sewer crossings under Rt . 7 Dual Lane westbound, in accordance with plans prepared by Dewberry, Nealon & Davis , just east of the east corporate limits . On motion of Councilman Fishback, seconded by Councilman Murray , Council voted unanimously to add the following : BE IT FURTHER RESOLVED that the Town Manager be authorized to obtain bids for the eastbound lane, provided the State will authorize the Town to excavate this lane for the sewer line . The resolution, along with the above addition, was then unanimously adopted: On motion of Councilman Pumphrey , seconded by Councilman Murray, the following resolution was unanimously adopted: CL BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriation be made : $5 .85 - A & E Blueprinters for printing during month of January. 1967 Bond Issue . On motion of Councilman Howard, seconded by Councilman Murray, the following resolutions were unanimously adopted: RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA DESIGNATING DEPOSITORY FOR MAINTAINING ACCOUNTS IN THE NAME 'TOWN OF LEES- BURG, VIRGINIA" RESOLVED, that First & Merchants National Bank, Leesburg, Vir- ginia , is hereby designated as a depository of the Town of Leesburg, in Virginia , and that a checking account shall be maintained in said Bank in the name "Town of Leesburg , Vir- ginia, Sewer Debt Fund . " BE IT FURTHER RESOLVED, that checks , drafts , bills of exchange , and acceptances or other orders for the payment of money from said accounts shall be signed, on behalf of this Town and in its name , by any two (2) of the following officers , namely : The Town Manager, Town Treasurer, and Deputy Treasurer. BE IT FURTHER RESOLVED, that First & Merchants National Bank, Leesburg , Virginia , is hereby designated as a depository of the Town of Leesburg , in Virginia , and that a checking account shall be maintained in said Bank in the name , "Leesburg Muni- cipal Airport . " BE IT FURTHER RESOLVED, that checks , drafts , bills of exchange, acceptances or other orders for the payment of money from said account shall be signed, on behalf of this Town and in its name by any two (2) of the following officers , namely : the Town Manager, Town Treasurer, and Deputy Treasurer. 11 . BE IT FURTHER RESOLVED, that First & Merchants National Bank, Leesburg , Virginia , is hereby designated as a depository of the Town of Leesburg, in Virginia , and that a checking account shall be maintained in said Bank in the name , "Town of Leesburg, Vir- ginia , 1967 Bond Issue Account . " BE IT FURTHER RESOLVED, that checks , drafts , bills of exchange , acceptances or other orders for the payment of money from said account shall be signed, on behalf of this Town and in its name by any two (2) of the following officers , namely : the Town Manager, Town Treasurer, and Deputy Treasurer. lU MINUTES OF MARCH 12, 1969 MEETING. BE IT FURTHERIESOLVED, that the Treasurer is hereby authorized, on - . behalf of this Town and in its name, to endorse checks , bills , certificates of deposit or other instruments owned or held by this Town, for deposit in said account or for collection by said Bank; however, the endorsement of such instruments may be made by rubber stamp endorsement containing the name of this Town without signature , or by the endorsement of any person by such writing as to designate that the instrument is intended to be credited to the said account ; to accept drafts , acceptances and other instruments payable at said Bank ; to waive demand, pro- `—estand notice of protest or dishonor of any check, note , bill of exchange , draft or other instruments made, drawn or endorsed on behalf of this Town. However, strict compliance as to the words "Town Manager, " "Treasurer" or "Deputy Treasurer" appear- • ibg after the names of said officers on any of said instruments for the payment of money from said checking account shall not be required. • BE IT FURTHER RESOLVED, that First & Merchants National Bank, Leesburg , Virginia , is hereby authorized to honor, receive, cer- tify, or pay all instruments signed in accordance with these resolutions , even though drawn or endorsed to the order of any officer signing the same or tendered for cashing, or in payment of the individual obligation of any such officer, or for de- posit to his personal account, and said Bank shall not be re- quired, or be under any obligation to inquire as to the cir- cumstances of the issuance, or use of any instrument signed in ' accordance with these resolutions , or the application, and dis- position of such instrument , or the proceeds thereof. BE IT FURTHER RESOLVED, that First & Merchants National Bank, Leesburg , _Virginia, is hereby relieved of and discharged from any and allliabilityby reason of the payment of checks , drafts , notes , bills of exchange , acceptances , or other orders that have heretofore been charged against the account of this Town With said •Bank, regardless of the signatures thereto, and the manner in which such signatures were made, and said Bank is further relieved of and discharged from any and all liability by reason of the acceptance of any checks , bills of exchange, or other instruments that have heretofore been deposited to the':account of this Town with said Bank, regardless of the en- dorsement thereon and the manner in which such endorsements were made. BE IT FURTHER RESOLVED, that the Clerk of the Council shall certify to said Bank, the names and signatures of the presently duly qualified and acting Town Manager, Treasurer and Deputy Treasurer of this Town, and the Clerk of the Council shall, from time to time hereafter as changes in the personnel of said of- ficers are made, certify such changes to the Bank, and the Bank shall be fully protected in relying on such certifications of the Clerk of the Council and shall be indemnified and saved harm- less from any claims , demands , expenses , loss or damage result- ing from, or growing out of honoring the signature of any offi- cer so certified, or in refusing to honor any signature not so • certified, or in refusing to honor any signature which may be re - placed through changes made by any such certification. BE IT FURTHER RESOLVED, that all resolutions adopted by the Council of this Town prior to March 12 , 1969, for the designa- tion of The Loudoun National Bank of Leesburg (now First & Mer- chants National Bank) as depository for the above accounts main- tained in said Bank authorizing the signing of instruments for the withdrawal of money from the accounts of this Town in said Bank and for the endorsement of instruments for deposit to the accounts of this Town in said Bank, be and the same are. hereby revoked and rescinded. I1 MINUTES OF MARCH 12 , 1969 MEETING. • BE IT FURTHER RESOLVED, that said Bank is hereby authorized and directed to rely and act upon the foregoing resolutions from and after the date of their adoption, and that the fore- going resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received and acknowledged by said Bank, and that receipt of any such notice shall not affect any action taken by said Bank prior thereto. BE IT ALSO RESOLVED, that the Clerk of the Council is hereby aut.. : ..- thorized and directed to certify to First&Merchants National Bank, Leesburg , Virginia, the following resolutioib; that the provisions thereof are in conformity with the Charter and Ordi- nances of this Town, and the laws of the State of Virginia. • I , the undersigned, further• certify' that the Council of the Town of Leesburg , in Virginia , is authorized and empowered to adopt the foregoing resolutions by virtue of its Charter and Ordinances , and pursuant to the laws of the State of Virginia . I further certify that the names and official signatures of the . 'presently duly qualified and acting Town Manager, Treasurer and Deputy Treasurer of said Town are as follows : T Office : Name : Official Signature : Town Manager James Wi Ritter, Jr. Teasurer George E. Ward Deputy Treasurer W. Emory Plaster,Jr. - - IN WITNESS WHEREOF , I have hereunto subscribed my name and af- fixed the seal of the Town of Leesburg , in Virginia, by direc- tion of the Council, this 12th day of March, 1969. 1 ' Clerk of the Council of the Town of Leesburg, in Virginia (SEAL) RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA DESIGNATING • DEPOSITORY FOR MAINTAINING ACCOUNT IN THE NAME "TOWN OF LEES- BURG, VIRGINIA" I , the undersigned, hereby certify to The Peoples National 'Bank of Leesburg , Leesburg , Virginia , that I am Clerk of the Council of the Town of .Leesburg, in Virginia , a municipal corporation chartered by .an Act of the General Assembly of Virginia ; that the following is a true copy of resolutions duly adopted in accordance with law by the Council of said . Town at a meeting held in Council Chambers the 12th day of March, 1969, and that such resolutions have not been re- scinded or amended: BE IT RESOLVED, that The Peoples National Bank of Leesburg, Leesburg , Virginia , is hereby designated as a depository of the Town of Leesburg , in Virginia , and that a checking ac- count shall be maintained in said Bank in the name' "Town of ' Leesburg , Virginia . " BE IT FURTHER RESOLVED, that checks , drafts , bills of exchange , acceptances or other orders for the payment of money from said account shall be signed, on behalf of this Town and in its name , by any two of the following officers , namely , the Town Manager, Treasurer and Deputy Treasurer. BE IT FURTHER RESOLVED, that the Treasurer is hereby authorized, on behalf of this Town and in its name , to endorse checks , bills , certificates of deposit or other instruments owned or held by this Town, for deposit in said account or for collection by said '12 MINUTES OF MARCH 12 , 1969 MEETING. Bank ; however, the endorsement of such instruments may be made by rubber stamp endorsement containing the name of this Town without signature , or by the endorsement of any person by such writing as to designate that the instrument is intended to be credited to the said account ; to accept drafts , acceptances and other instruments payable at said Bank ; to waive demand, protest, and notice of protest , or dishonor of any check, note, bill of exchange , draft or other instruments made, drawn or endorsed on behalf of this Town. However, strict compliance as to the words "Town Manager" ,"Treasurer" or "Deputy Treas- urer" appearing after the names of said officers on any of said instruments for the payment of money . from said .checking account shall not be required. BE IT FURTHER RESOLVED, that The Peoples National Bank of Leesburg, Leesburg, Virginia , is hereby authorized to honor, receive , certify, or pay all instruments signed in accordance with these resolutions , even though drawn or endorsed to the order of any officer signing the same or tendered for .cashing , or in payment of the individual obligation of any such offi- cer, or for deposit to his personal account, and said Bank shall not be required, or be under any obligation to inquire • as to the circumstances of the issuance, or use of any instru- ment signed in accordance with these resolutions , or the ap- plication , or disposition of such instrument, or the proceeds thereof. BE IT FURTHER RESOLVED, that The Peoples National Bank of Lees- burg, Leesburg, Virginia , is hereby relieved of and discharged from any and all liability by reason of the payment of checks , drafts , notes , bills of exchange , acceptances , or other orders that have heretofore been charged against the account of this Town with said Bank, regardless of the signatures thereto, and the manner in which such signatures were made, and said Bank is further relieved of and discharged from any and all liability by reason of the acceptance of any checks , bills of exchange, or other instruments that have heretofore been deposited to the account of this Town with said Bank, regardless of the endorse- ment thereon and the manner in which such endorsements were made. BE IT FURTHER RESOLVED, that the Clerk of the Council shall certify to said Bank, the names and signatures of the presently duly qualified and acting Town Manager, Treasurer and Deputy Treasurer of _this Town, and the Clerk of the Council shall, from time to time hereafter as changes in the personnel of said officers are made , certify such changes to the Bank, and the Bank shall be fully protected in relying on such certifications of the Clerk of the Council , and shall be indemnified and saved harmless from any claims , demands , expenses , loss or damage re- sulting from, or growing out of , honoring the signature of any officer so certified, or in refusing to honor any signature not so certified, or in refusing to honor any signature which may be replaced through changes made by any such certification. BE IT FURTHER RESOLVED, that all resolutions adopted by the Council of this Town prior to March 12 , 1969, for the designa- tion of said Bank as depository for the account maintained in said Bank in the name "Town of Leesburg, Virginia", authorizing the signing of instruments for the withdrawal of money from the account of this Town in said Bank, and for the endorsement of instruments for deposit to the account of this Town in said Bank, be and the same are hereby revoked and =rescinded. BE IT FURTHER RESOLVED, that the foregoing resolutions shall in no manner affect or invalidate the resolutions adopted by the Council of the Town on the 8th day of September, 1965 , desig- nating The Peoples National Bank of Leesburg,. Leesburg, Virginia, as a depository for the account maintained in the name "Town of Leesburg , Virginia, Police Court". 13: MINUTES OF MARCH 12 , 1969 MEETING. BE IT FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received and acknowl- edged by said Bank, and that receiptofany such notice shall not affect any action taken by said Bank prior thereto. . BE IT ALSO RESOLVED, that • the Clerk of the Council is hereby authorized and directed to certify to The Peoples National Bank of Leesburg , Leesburg, Virginia , the foregoing resolu- tions , and that the provisions thereof are in conformity with the Charter and Ordinances of this Town, and the laws of the State of Virginia . I , the undersigned, further certify that the Council of the Town of Leesburg, in Virginia , is authorized and empowered to adopt the foregoing resolutions by virtue of its Charter and • Ordinances , and pursuant to the laws of the State of Virginia . I further certify that the names and official signatures of • the presently duly qualified and acting Town Manager, Treas- urer and Deputy Treasurer of said Town are as follows : C O Office : Name : Official Signature : C=-' Town Manager James W . Ritter, Jr. C Treasurer George E. Ward Deputy Treasurer W. Emory Plaster, Jr. IN WITNESS WHEREOF , I have hereunto subscribed my name and af- fixed the seal of the Town of Leesburg, in Virginia , by direc- tion of the Council , this 12th day of March, 1969. • I Clerk of the Council of the Town of Leesburg , in Virginia ((SEAL) ) A Deed of Release and Exchange between Chester Williams and the Town regarding Clay Road was explained by Town Attorney George Martin, who said that this road had been surveyed and divided into Tracts A and B , one of which would go to Mr. Williams , and the other to the Town. He explained that easements have to be reserved on the tract that will be conveyed to Mr . Williams . Mr. Ritter said that the contractors on the sewage project are working on this property now, but Mr. Williams seems to have no objections , although this deed has not yet been signed. This deed was referred to the Utility Committee . • Town Attorney Martin also reported that the .case on Potters Field was argued in the Supreme Court in Richmond by Mr. Sam Engle and Judge Penn this week, and he believes the Supreme Court will rule in favor of the Town. Councilman Hill commended - the Town Manager and other Town employees on getting this room ready for the meeting tonight , stating that he thought it was an excellent job done under pressure . On motion of Councilman Fishback, seconded by Councilman Hill, Council voted unani- mously that the Town Manager be authorized. to put drapes on the windows I of the Council Chambers . • Town Attorney Martin said he believed the Town Manager should pre- pare a Memorandum to Council members in answer to the letter received from Chantilly Aviation regarding the points cited in default. There was further discussion • regarding the Airport, during which Mr. Robert Hooe made some comments and again expressed his desire to bid on the operation, but he would not be interested on an interim basis . There being no further business , the me- ting adjourn. : lO 50 P.M. if ;E' ; Mayor /J. / ) . Clerk f the Council