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HomeMy Public PortalAbout1969_03_26 14 MINUTES OF REGULAR MEETING OF IE ESBURG TOWN COUNCIL, MARCH 26, 1969. A regular meeting of the Leesburg Town Council was held in the Council Chambers at 10 W. Loudoun Street , Leesburg, Virginia , on March 26 , 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 March 12, 1969 were approved as written. Town Manager Ritter reported that there is still some work to be done on the new Council Chambers . - A light is to be installed at the door and drapes are to be hung . We need some coat racks . He has or- dered a U. S. Flag and a State Flag ; also a wooden table for the corner of the platform and .five dozen chairs for the audience and another red chair to match the onesrnow in use . The carpentry work in the back room has been completed and we are waiting on the plumber to- install fixtures . He would like some expression from the Council as to whether the floor should be left wood or put down tile , and whether or not they wish a table for this room, since it -has not been established just what the exact use of this room will be . Approximately 547 Town tags have been sold - 59 ahead of last year at this time , and very few people .have complained about the additional cost . The Highway Department will hold a field inspection on the south- east quadrant of the By-Pass on April 3rd, so that all utilities affected by the proposed construction can be. ascertained. We have one manhole on Route 7 to be moved, but believe we are in good shape on Route 15 . This is an indication that this job will be advertised in the near fu- ture. He explained the proposed new lease submitted by Blue Ridge Air= craft ; also called attention to the additions submitted by the Town Attorney just today. Blue Ridge now has a new Board of Directors and they are asking Council to cancel their present lease and advertise this new proposed lease , with the hope that they will be the high bidder and will build 30 T-Hangars at the Airport . Only one bid was received on the South Street box culvert , al- though five invitations were sent out. The Committee has not yet had a chance to discuss this bid. . Three bids have been received to put in two sewer lines under pro- posed Dual Lane Route 7 . Talbott-Marks , who has .a considerable amount of experience and is working in this area now, is the low bidder, at a price of $2,829.50. Mr. Ritter said this price seems to be in line and he recommends the awarding of this contract . A progress report has been sent to the State of Maryland on the Potomac River project . The Rusts and the Speeks would not consider putting the filtration plant on their property, and they also object to having the Intake Tower in the River opposite their property, but are willing for- these facilities to be placed further down the River, so surveys are being made on this now. . . There will be a vacancy in the Police .Department on April 1st - Officer Barnes is resigning . Also, Mrs . Collins will be leaving May 1st, so there will be a vacancy for a Police Clerk. Councilman Howard said he had a complaint from an Edwards Ferry Road resident, who believes some sort of hard surface should be placed on the shoulder of the road. Mr . Ritter saidwe have been putting stone in here and it. does not hold, however, he said we could put asphalt . on top of• it; which will help .the-situation, but it will not' hold either because there is no base under it . He said he would take care of this.. - . . 15 MINUTES OF MARCH 26 , 1969 MEETING. Mayor Rollins read a letter from the Town Attorney regarding the Airport situation, which letter stated that, in his opinion, the major points charged against Chantilly had been cleared, however, the sub- leasing arrangement and the Performance Bond concern him and he thinks Chantilly should provide certain information to the Council. He also read a letter from Hall, Monahan & Engle , which stated that a corpora- tion, Transamerican Airports , Inc . , had purchased a note from First & Merchants National Bank, who was a judgment creditor, and suit has been filed today, requesting the Court to appoint a receiver of Chantilly Aviation, whose duty it would be to operate the Airport and liquidate Chantilly . Under the terms of the Lease, the Council would have the III right to cancel the lease , since the appointment of a receiver is one of the terms . He said it is his understanding that the Court will act on the appointment of a receiver on April 4th. Councilman Murray said that , under these circumstances , since there are certain litigations involved, it would seem appropriate to table any action against Chantilly, and he moved that the action taken with regard to the lease between Chantilly Aviation and the •Town of Leesburg be tabled. This motion was seconded by Councilman Pumphrey and unani- mously adopted by roll call vote . A Public Hearing was held at this time on the proposed vacation r,: of a section of a 20 easement in the Parker Subdivision, which had been advertised in the local paper. Mr. Forbes explained the plat on Q this proposed vacation and said that Mr. Carleton Penn had drawn the proposed Ordinance of Vacation. Mr. Penn explained that this would merely vacate part of an old easement . The earlier -resubdivision eliminatedmost of this easement , but there were a few lots that were undisturbed. This easement for public utilities goes down in back of these lots and the utilities go down the middle of the street , so there is no need for this easement . The Planning Commission has recommended that this vacation be approved. There was no-one to speak against this Va- cation. I On motion of Councilman Murray, seconded by Councilman Fishback, the following Ordinance was unanimously adopted: BE IT ORDAINED by the Council for -the Town of 'Leesburg , that the following section of a twenty-foot (20 ' ) easement for public utilities in the Parker Subdivision in the Town of Leesburg is hereby vacated: - All of that section of a twenty-foot (20 ') easement for pub- lic utilities as it appears on the plat of the L. W. Parker Tract, as drawn by James A. McWhorter, CLS, dated April 1950 , of record in Plat Book 2 , at Page 141, on Lots 35 , 36, 37 and 38, the same being ten feet (10 ') wide over said lots , and any portion of said easement not vacated upon Lots 24, 25 , 26, 27 and 28 of the Resubdivision of a Portion of the Leonard W. Parker tract known as PARKER SUBDIVISION, drawn by R. K. Wilson, CLS , dated 23 March 1959, and recorded in Deed Book 391, at Page 331 . BE IT FURTHER ORDAINED, that the Clerk of the Council shall file a certified copy of this Ordinance of vacation with the Clerk of the Circuit Court for Loudoun County , Virginia , pur- suant to the statutes of Virginia . ' On motion of Councilman Fishback, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg , that• the Deed of Release and Exchange dated March 5 , 1969, between Chester Williams and the Town of Leesburg be exe- cuted, and that the Mayor be authorized to sign said deed on behalf of the Town of Leesburg. 16 MINUTES OF MARCH 26 , 1969 MEETING. On motion of Councilman Pumphrey, seconded by Councilman Orr, the following Ordinance was placed on the floor : BE IT ORDAINED by the Town Council of the Town of Leesburg that bids in writing be received by the presiding officer of the Council at a meeting thereof in open session to be held on the 14th day of May , 1969, at 7 :30 o 'clock P.M. (Eastern Daylight Time) for the granting of a lease of a certain portion of the Leesburg Municipal Airport , con- taining 4 .31808 acres . The Council reserves the right to reject any and all bids and the person or corporation to whom the grant is finally made , if any , shall reimburse the Town for the cost of ad- vertising this ordinance as required by law. The Council directs that the ordinance and legal notice be published for four (4) successive weeks in the Loudoun Times- Mirror, a newspaper published in the Town of Leesburg , Loud- oun County , Virginia . The form of the lease and privilege or rights proposed to be granted for which bids are hereby requested shall be sub- stantially as follows : Discussion followed and the Chair ruled this motion out of order. It was stated the question of cancellation-of the present lease should be taken up first . Town Attorney Martin said he has had no chance to. dis- cuss his proposed additions to the lease with anybody and requested that action be postponed until this matter can be studied further. He said cancellation would have to be in legal form and signed by the Town and Chantilly Aviation. Various provisions of the lease were discussed and questions answered by members of Blue Ridge Aircraft who were present . These representatives stressed the importance to them of having this lease advertised as soon as possible in order that , if they are the successful bidder, construction on the proposed T-Hangars might be started as soon as -possible, with the hope of having them completed by fall . Mayor Rollins declared a 10-minute recess in order to consider the provisions of the lease . On motion of Councilman Howard, seconded by Councilman Fishback, Council voted unanimously that this lease and the consideration of the cancellation and advertisement of the new lease in regard to the Blue Ridge Aircraft lease be tabled until a special meeting to be held Monday morning at 10 :00 A.M. , at which time Council will review and take up the cancellation and advertisement . Mayor Rollins asked that Council- men Howard, Orr and Murray review this lease prior to this meeting. On motion of Councilman Howard, seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriations be made : $1,287 .06 - Johnson and Williams for Engineering Services on Sewer Project . 1967 Bond Issue . 5 ,255 .00 - National Airport Equipment , for installation of approach lighting at Airport . Airport Fund. Mr. Ritter explained that some portion of the appropriation to Nationa Airport Equipment Co. will be withheld until the clean-up work is finished, and also pointed out that we will be reimbursed for fifty per cent of this cost by the State Corporation Commission. On motion of Councilman Pumphrey, seconded by Councilman Fishback, the following Ordinance-. was, unanimously adopted: BE IT ORDAINED by the Town Council of the Town of Leesburg , that Sec . 2-3 , Chapter 2 , of the Code of the Town of Lees- burg be amended to read as follows : 17 MINUTES OF MARCH 26, 1969 MEETING . Sec . 2-3 . Execution of checks . All checks drawn against any account of the "Town of Leesburg" shall' be signed by any two of the following offi- cers , namely, the Town Manager, Treasurer and Deputy Treas- urer. Mr. Moody reported on progress on the sewer projects as follows : On S-I , the last two tanks have been poured and they are now in- stalling equipment in the primary clarifiers . The supervisor is doing a good part of the work himself - they, are still having problems with getting labor, and some action may have to be taken with the contractor if this situation does not improve within the next 30 days . On S-II , they are having a rough time getting the sewer line cleaned on the lower end and this is causing delay in getting to the final tests. They hope to be through with all cleaning and sealing of leaky joints soon. On S-III , they are moving along in back of the Ball Park and are cp nearing the end of the line . He said they will probably have some trouble with the leave-out to be completed on Route 15 . On S-IV, they have gotten a pretty good start , they have about 50 �—, feet of pipe in. They will have to stop laying pipe temporarily while they backfill. It might be possible to finish this project in about six weeks . Councilman Hill asked how far behind schedule they are on Contract S-I . Mr. Moody said a conservative guess would be about two months . However, they made good progress during the winter months . The Vice- President says he is going to staff this job as soon as the weather breaks , but pressure will be put on him, if necessary, to do this . Councilman Fishback asked if Mr. Williams insisted that they cross ' Ayr Street . Mr . Moody answered "Yes . " Mayor Rollins read a letter from a Mr. Brown, one of the owners of the property in front of the Hospital, who said he is reluctant to split this property through the middle . However, he said he would be glad to consider making a gift to the Hospital of this strip in the middle, providing the remainder of the land is zoned commercial. Dr. Orr said he believed it was at one time the plan to make the present Hospital a clinic type of building when the new hospital is built. Mayor Rollins said he understands there is considerable discussion about moving the Hospital entirely . This matter was discussed and, on motion of Councilman Howard, seconded by Councilman Hill, Council voted unani- mously that this letter be referred to the Planning Commission for rec- ommendation as to possibilities of rezoning, any fee requirement being waived. 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 Talbott-Marks Co . , Inc . be awarded a contract for the building of two sanitary sewer lines across the westbound Dual Lane of Rt . 7 , in accordance with their letter of March 7 , 1969, as follows : Approx. 124 ' of 10" Sewer Line @$10.40 per L.F . Approx. 90 ' of 18" Sewer Line @$17 . 11 per L .F . On motion of Councilman Fishback, seconded by Councilman Orr, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council for the Town of Leesburg , that $79,339.86 be paid to English Construction Company for Requisition #6 on Contract S-I. 8 MINUTES OF MARCH 26, 1969 MEETING. Councilman Fishback asked if there was a time limit on the bid on the South Street box culvert . Mr. Ritter said there was ' none that it was unfortunate that we received only one bid. He said he knew this man has had a lot of experience in this work. Mr. Lee Phillips had esti- mated about $10,000 for this crossing . He also said this is a larger box than the one at Loudoun Street and that one cost about $160 per lineal foot . This one would figure at about $220 per lineal foot. He explained that prices have gone up since the Loudoun Street one was built and he doesn ' t think we would do any better if we readvertise . On motion of Councilman Fishback, seconded by Councilman Orr, the following resolution was unanimously adopted, there being no objection to considering this tonight : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the bid of Central Contracting Co. , Inc . in the amount of $8, 990 .00 to install a box culvert on South Street be accepted. There being no further business , the meeting adjourned at 9:00 P.M. at SIO2 Mayor ✓2. % J Clerk of t e Council 1