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HomeMy Public PortalAbout1974_02_13 221 MINUTES OF REGULAR MEETING OF' LEESBURG TOWN COUNCIL, FEBRUARY 13 , 1974. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg, Virginia on Feb- ruary 13 , 1974 at 7 : 30 P.M. The meeting was called to order by the • Mayor, with Town Manager Ritter offering the prayer. Those present were: Mayor G. Dewey Hill , Councilmen Walter F . Murray , Robert A. Orr, John W. Pumphrey, Herbert L. Ridder, C. Terry Titus and John A. Wallace , Jr. ; also Town Manager James W. Ritter, Jr. , Deputy Town Manager E. Wesley Devero and Town Attorney George M. Martin. The Minutes of Special Meetings of January 14 , 1974 and January 15 , 1974 were read by the Clerk. These Minutes , along with those of the regular meeting of January 23 , 1974 and a Special Meeting of Janu- ary 28, 1974 , were approved as read. Town Manager Ritter reported as follows : (1) We are making progress on the chemical addition at the Sewer Plant. The overhead door has finally arrived and been installed and all of the equipment has come, except a small amount of piping which was wrong and had to be sent back. We are still waiting on the ferric O . chloride - we have a 5 ,000 gallon tank outside the Butler Building Cr'; where this goes . March 1st is still the target date for initiation cc of the chemical addition. (2) We are making progress on pumping out the sludge at the old Q Sewer Plant - we are about 60 per cent complete and it should be fin- ished sometime this week. This is being pumped into the sewer lines and' flows into' the new Plant. . (3) We hired our 51st employee yesterday - David Frye , who will be in training to replace Mr. Weatherholtz as Superintendent of Streets ' when he retires in July. It is interesting to note that ten years ago, we had 18 employees . (4) He talked to Johnson and Williams today on the Potomac Water Facility progress . The structural engineer is working on the founda- tion for the standpipe ; the plans on the Water Plant are complete and the standpipe design should be completed by February 27th. All the plans have been sent to the Health Department in Richmond for their review - they have 60 days in which to make their reply. We have heard from the Highway Department as to future plans on Fort Evans Road and they are plotting that water line at this time. No date has been set for the asking of bids - they are waiting for these other items to be completed. (5) The flow at the Sewer Plant is pretty high at this time, which indicates we are still getting a lot of infiltration. We know we are getting some water in the 33-inch outfall line going down Tus- carora Creek and we are getting a price now from Southern Line Clean- ing to correct these leaks . (6) We notified Herbert Bryant sometime ago to clean up their lot and this has been substantially completed. They have done a fairly good job, but there are some items yet to be removed. He talked to them about this yesterday. Councilman Murray said that there were probably some inferences drawn from his statement at the last meeting that the Mayor of Pur- cellville was here without Council 's knowledge . After the meeting in Richmond, he made known Mr. Harris ' objections and the source of the contents of his presentation to our delegation there. Upon his re- turn from Richmond, he called Mayor Harris and apologized and advised him of what had gone on at this meeting. He feels that objections from anyone other than Leesburg, if based on timing, were justified, but he does not feel that anyone other than Leesburg should be con- cerned with where the By-Pass goes in Leesburg. Also, no-one other than Leesburg would be concerned over the possible problems with the Town Branch as a result of this location . He brought this possible drainage problem to the attention of those in Richmond so that, if in the future, it does materialize, we will have a basis on which to rely in asking the Highway Department for help with any storm drain- age and flooding. We have a storm drainage problem now and the lo- cation of the By-Pass could cause much larger problems in the future. We should, therefore, be on firmer ground in asking for assistance if it is needed. Mayor Hill said he and Delegate Rollins had also made this known in Richmond on earlier trips down there . 228 MINUTES OF FEBRUARY 13 , 1974 MEETING. Mayor Hill reported that he had received a call from Mayor Cos- tello of Manassas Park, requesting assistance with their radio equip- ment problem. He explained the fact that the frequency being used by the Town of Leesburg was originally assigned to Manassas Park, how- ever, since Manassas Park failed to apply for their frequency at the 'same time they made application for their Grant, the Town of Leesburg was assigned this frequency . Manassas Park now has its radio equip- ment but cannot use it until such time as they are assigned a fre- quency; and they are asking the Town of Leesburg to assist them by allowing them to join our frequency in the meantime . Mr. Ritter said he had just learned about this problem yesterday and, since it is a very technical situation , he would have to see it in writing. Mayor Hill asked how Council would feel about sharing our frequency with Manassas Park on an interim basis and, although most members were sympathetic and would be willing to go along with this, it was rea- lized that FCC regulations would have to be checked out and that the Town could not jeopardize its frequency. There was no final decision on this matter, only that it would be further investigated. Mayor Hill introduced our new Deputy Town Manager, Mr. E . Wesley Devero, to the audience. He then reported that he and Mr. Devero had attended a meeting yesterday at the Northern Virginia Planning Dis- trict Commission concerning Phase II of the Area I- Study on regiona- lization of a Sewer Plant . It' seems that our Phase II Study has al- ready been conducted and they are recommending to the full Commission that Leesburg 's Plant will be considered the regional plant and phased in that manner. It will have to be decided by the full Commission as to whether it will be a 6 m.g .d. plant or' an 11 .1 m.g.d. plant, to be phased, and he thinks we stand in good stead. The Town will be ready to make its move, and has asked for an 11 m.g.d. plant. On motion of Councilman Titus , seconded by Councilman Pumphrey, and after explanation of the Town Code requirements by Town Manager Ritter and this specific situation by Councilman Pumphrey, the fol- lowing resolution was unanimously adopted: BE IT RESOLVED, that Sec. 20-22 of the Town' Code be waived on the requirement of installing concrete entrance and curb and gutter by Preston Jenkins at 32 S. Liberty Street. On motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was unanimously adopted : BE IT RESOLVED, that Lon E. Havener Co. be awarded the con- tract for installation of three (3) Utility Projects , on their low bid of $73 ,206 . 95, on the Southwest By-Pass Project. Mr. Ritter explained that these projects are 100 per cent reimbursable by the Highway Department, with the exception of $2,000 as a better- ment to the Myers Well House and the difference in the size of the water line from an 8-inch line to a 12-inch line . On motion of Councilman Titus , seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the Town Manager be authorized to have Sanitary Sewer Easement appraised on Lots 7 and 25 in proposed Dry Mill Subdivision, Section III-A. Mr. Lewis Leigh, Jr. , attorney from Fairfax , representing Mr . Grayson Hanes , Trustee , the owner of this property, as well as the beneficial owners , one of whom is Mr . Clay Gilley, also present tonight, stated that , on June 28, 1972 , Council approved plans for 30 lots in Section III-A of Dry Mill Estates ; On October 11, 1972, without any notice to either Mr. Hanes or any of the beneficial owners , Council rejected its approval of this project. His clients were very much upset by this action and made contact with Mr. Ritter shortly thereafter. Due to Mr. Ritter 's lengthy illness , this is the first chance they have had to renew their efforts . In the meantime , the Town o f Leesburg has put a sewer line through this piece of property without a signed easement for same. He felt this was an emergency measure on the Towns part, but his purpose tonight is to find out if there is any possi- bility of working out a reinstatement of this subdivision and, if so, under what terms. Councilman Pumphrey called attention to the writ- ten documentation of events concerning this subdivision prepared by Mr. Ritter. On motion of Councilman Wallace , seconded by Councilman Titus, this resolution was unanimously tabled at this time . 229 No< MINUTES OF FEBRUARY -13 , 1974 MEETING. -- On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted after explanation by Councilman Wallace , some questions and discussion by Council mem- bers and some further explanation by Mr. Wingate of the Department . of Parks and Recreation. It was agreeable that a date for a joint signing of said Lease be set , with proper dates to be inserted at that time : BE IT RESOLVED, that the Mayor be authorized to sign the attached Lease Agreement between the County of Loudoun (De- ' partment of Parks & Recreation) and the Town of Leesburg for the use of lot on Catoctin Circle . Said Lease reads as follows , with proper dates inserted in paren- thesis : THIS LEASE AGREEMENT, entered into this (19) day of (February ,) 1974 , between the Town of Leesburg , hereinafter known as Les- sor, and the County of Loudoun in Virginia (Department of Parks and Recreation) , hereinafter known as Lessee , with respect to approximately one-third (1/3) acre of land owned by Lessor, lo- Ct cated on Catoctin Circle adjacent to the facilities occupied by CC the Loudoun County Rescue Squad and more particularly described on the plat which is attached to and made a part of this Lease Agreement . With respect to said land and for mutual and substantial con- sideration exchanged, Lessor and Lessee hereby agree as fol- lows : 1. Lessor shall furnish to Lessee complete and uninterfered with use and enjoyment of said land for a period of ten (10) years, said period to begin on the (19) day of (February , ) 1974, and to terminate at 12 :01 A.M. the (18) day of (Febru- ary) Febru- ary) 1984 . 2 . Lessor agrees to remove all trash, bottles , cans and simi- lar debris and refuse , including garbage, if any, from the leased property on a regular weekly basis , and Lessee agrees to maintain said property in a reasonable and appropriate man- ner and to make reasonable efforts to control the collection of such trash, bottles , cans and similar debris and refuse , including garbage, if any , upon the leased property in suit- able containers and to leave same at a location, or locations, designated by Lessor for its collection thereof. - 3 . Lessee agrees to constructon the leased property, a pub- lic tennis complex to be used by and for the benefit of the citizens of the Lessor and also of the County of Loudoun. Such complex shall include two (2) tennis courts , appropri- ately equipped; a parking lot ; lighting facilities for said courts ; and such other facilities and appurtenances as shall make said tennis complex an appropriately equipped place for the public play of tennis . 4 . Lessor and Lessee agree that said tennis complex will be a public facility and as such shall be open to all citizens of the Lessor and also of the County of Loudoun and such a- vailability shall be in no way limited except for demonstrable good cause shown. 5 . Lessee agrees that no alcoholic beverages shall be per- mitted upon the premises of said tennis complex . 6 . Lessee agrees to bear all costs of building and construct- ing said tennis complex and the costs of maintaining said ten- nis complex during the term of this lease, including the costs of lighting said tennis complex , except as provided otherwise in Item 2 of this Lease Agreement . Lessee further agrees that the total cost of such improvements as it may make to the leased premises shall not exceed the sum of Ten Thousand and NO/100 Dollars ($10,000.00) , unless with the approval of the Lessor. 230 MINUTES OF FEBRUARY 13 , 1974 MEETING. - 7 . Lessor may terminate this Lease Agreement at any time upon sixty (60) days written notice to Lessee or its author- ized agent, provided that as a condition of any such termi- nation Lessor agrees to reimburse Lessee on a pro-rata basis for the cost of any improvements built , or caused to be built, by the Lessee in accordance with the terms of this Lease A- greement . Said reimbursement shall be based upon number of years said improvements , facilities and appurtenances have been added to, or established on, the leased premises accord- ing to the following formula : Percent of Original Cost Age of Improvement To Be Reimbursed Measured from Completion To Lessee From Lessor of Construction Upon Termination 1st year 100% 2nd year 100% 3rd year 100% . 4th year 100% 5th year 100% 6th year 40% 7th year 30°% 8th year 20% 9th year 10% 10th year 0% Provided, however, that the foregoing reimbursement provit- sions shall not apply after the expiration of the original ten (10) year term. At the time this Lease Agreement shall terminate, under the terms hereof, all permanent improve- ments caused to be made to the leased property by the Lessee shall become the property of the Lessor upon the making of the payments herein required, if any;, and the Lessee shall have no further interest in or claim upon said property. 8 . Lessee agrees , to the extent same is legally possible , to save Lessor harmless from any claims for damages to. per- sons or property asserted by third parties by reason of the existence or operation of the premises . 9. Lessee shall have the right to renew this lease upon the same terms as herein contained with the exception of the terms of Paragraph 7 above , for an additional period of ten (10) years . 10 . The validity and legal effect of this Lease Agreement shall be .conditional upon , and subject to, the approval of the Town of Leesburg of the leased premises for the purposes which Lessee proposes in this Lease Agreement . WITNESS the following signatures and seals this (19) day of (February,) 1974. TOWN OF LEESBURG By /s/ G. Dewey Hill Mayor COUNTY OF LOUDOUN • By /s/ Wm, C. Crossman, Jr. Chairman of the Board of Supervisors On motion of Councilman Wallace, seconded by Councilman Titus, Council voted unanimously to take the following resolution out of tablement at this time : BE IT RESOLVED, that the Town Manager be authorized to have Sanitary Sewer Easement appraised on Lots 7 and 25 in proposed Dry Mill Subdivision, Section III-A. 231: MINUTES OF FEBRUARY 13, 1974 MEETING. After going over the events concerning this whole situation, Mr. Leigh asked just what transpired between July 5, 1972 and October 11, 1972 that led to Council 's action of October 11, 1972 . Coun- cilman Titus explained that , on June 28, 1972 , • Council approved the installation of physical improvements upon receipt of a certi - fied check to cover same , this being a highly unusual action by Council . This subdivision plat was to be presented before the next Planning Commission meeting for final approval and the check was to be presented before or by that time . After that time , this property was advertised for a Trustees ' sale, which was of considerable con- cern to the Council . Mr. Leigh asked why his clients would not have been notified that this action was proposed. There followed lengthy discussion concerning this matter, with several Council members voicing their opinions on the subject, and Mr. Leigh still contend- ing that his clients should have been notified prior to such action. Concerning the sewer easement , Councilman Titus understood that Mr. Hanes gave verbal permission for same, even though there was no signed agreement. Neither Mr. Leigh nor Mr . Gilley were aware of any such verbal agreement . Councilman Wallace said the resolution at hand has to do with securing an appraisal of the easement and 07 this is needed, no matter what else might happen. Mr. Leigh asked if Council would be willing to allow his client to re-present his -D ' plat for approval. There was some discussion as to who the owner of �^. the property is at this time . Also, Mr. Leigh stated that connection C / fees were far less over a year ago than they are now, this would be another question. The question was unanimously moved by Council and the resolution above was unanimously adopted. Mayor Hill invited Mr. Leigh and his clients to be present at the next Street Committee meeting if they so desire to pursue other mat- ters further. On motion of Councilman Wallace, seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT RESOLVED, that the following appropriations be made : $4,086 .75 - Boothe ,. Prichard and Dudley - Utility Fund- Capital Outlays - Expenses. Shor Suit. 5 ,000.00 - Supplemental - Streets-Materials . 50.00 - Martin , Riemenschneider and Murtaugh - Prepa- ration of Charter Amendments . Budget Item H-15 . 70.30 - Two (2) outside speakers for Police Cars - Matching Grant for Police Radio. - Capital Out- lays-General Fund. 565 .40 - 6 New Parking Meters , authorized for purchase 12/12/73 . General Fund-Capital Outlays . 373 .49 - Expenses of Wesley Devero - for interview and travel . 364.50 - DND. - Route 7 Urban Project - 1971 Bond Issue . 287 . 50 - DND - Revision to Design Standards . General Fund-Capital Outlays . 600.00 - Water Saving Devices - Utility Fund-Capital Outlays . On motion of Councilman Wallace, seconded by Councilman Pumphrey, the following resolution was proposed :- • WHEREAS, the terms of the Lease under which Transamerican Airports , Inc . , as successor to Chantilly Aviation, Inc . , is operating specify that the Lessee shall construct "T" hangars , as required by demand therefor within the limita- tions of available space, and 232 MINUTES OF FEBRUARY 13 , 1974 MEETING.-- - WHEREAS , the Lessee has not constructed such "T" hangars ,- even though there is a demand therefor and space is avail- able for them. BE IT RESOLVED that Transamerican Airports , Inc . be noti- fied that the Town Council is of the opinion that it is in the best interest of the Airport that a "T" hangar be con- structed, or be under construction no later than six months from the approval of site selection and design by the Town of Leesburg and, further, that construction be completed with- in one year of said approval, and that further 'T" hangars be constructed in the future by Transamerican Airports , Inc . as required by the demand therefor within the limitations of available space , and that, if this is not so done , then the Lease will be considered in default , and BE IT FURTHER RESOLVED that a copy of this Resolution be sent by certified mail to Mr. Lucien Rawls , President of Transamerican Airports , Inc . Councilman Wallace explained that "T" hangars were required under the original lease . Mr. Rawls says it is not economically feasible to construct "T" hangars with the short life remaining on the lease. However, it is the Committee 's position that the "T" hangar require- ment was in the lease when Mr. Rawls took it over and the Committee wants "T" hangars at the Airport. Since the Master Plan Study is underway for the Airport, they do not feel they can be too sure of a location for such hangars at this time - it may be another six months or more before they can decide where they might go or of what design, but they should be built in accordance with the terms of the Lease . The Committee is striving to have the Airport les- sees operate in accordance with the term of their leases . Councilman Orr left the meeting during the above presentation . On motion of Councilman Murray, seconded by Councilman Wallace , Council voted unanimously to amend the third paragraph of the above resolution as follows : BE IT RESOLVED that Transamerican Airports , Inc . be notified that the Town Council is of the opinion that it is in the best interest of the Airport that a "T ' hangar be constructed, or be under construction no later than six months from approval of site selection and design by the Town of Leesburg and , fur- ther, that construction be completed within one year of said approval, "unless an extension thereof has been approved by the Town Council of the Town of Leesburg in writing , " and that further "T" hangars be constructed in the future by Trans- american Airports , Inc . as required by the demand therefor within the limitations of available space , and that, if this is not so done, then the Lease will be considered in default. The question then arose as to when it would be necessary to build more 4'T`•.' hangars and who would make the decision concerning their erectioE uC t was felt that the Airport Advisory Committee would be in close?wtth this situation. Mayor Hill also was concerned if this situation should arise within one or two years of the end of the lease. Councilman Wallace felt there would have to be some negotia- tion between the Town and the fixed base operator at this point. He introduced two members of the Committee at this time - Mr. Ron Lowry, Chairman, and Mr. Jim Chamblin . Mr. Lowry thought this a point well tahou �8dLto be considered by Council. Mayor Hill commended the Air- port/Committee ttee on a job well done . Mr. Rawls, of Transamerican, was also in the audience and agreed with this since it would be subject to site selection after redesign of the Airport. Councilman Wallace explained that, by "design', they meant that construction would be something that would last.. The above resolution, as amended, was then unanimously adopted. 23a MINUTES OF FEBRUARY 13 , 1974•MEETING. On motion of Councilman Wallace, seconded by Councilman Ridder, the following resolution was proposed: WHEREAS, the Leesburg Airport Advisory Committee has under- taken a comprehensive program to recommend to the Town Coun- cil improvements in both the operation and facilities of the Leesburg Municipal Airport, and WHEREAS, the Town Council desires execution of this program on a timely and effective basis most beneficial to the pub- lic . NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council authorizes the Leesburg Airport Advisory Committee to initi- ate and conduct the following actions, subject to periodic review and ratification: A. Oversee and work with the contractor and others in con- cluding the Airport Master Plan now under development ; B. Maintain liaison with appropriate Loudoun County offices- to promote the effective- implementation of planning and zoning actions approved by. separate Resolution; C. Develop a list of proposed priority actions for the im- C provement and expansion of Leesburg Municipal Airport ; D. Develop proposed operating policies , and oversee their implementation ; E . Initiate timely actions with both the Federal Aviation Agency and State Corporation Commission Division of Aero- nautics , as necessary , to provide priority support, to proposed improvement or expansion of Leesburg Municipal ' Airport ; F . Conduct public surveys and meetings , as appropriate, to aid in planning improvements and acquiring public support. Councilman Wallace explained that the Committee is asking for more specific delineation of duties by this resolution from those assigned them when the Committee was originally created. There is a meeting • tomorrow with FAA to go back over and re-examine the situation and look at it from other points of view; also other matters , including public funds available for expansion of the Airport . Mayor Hill thought it a good idea for the Committee to ask for public hearings on some items in the future , where citizens might be able to offer some in-put into some of the problems . He recognized General Ber- tram Harrison and Mr. Les King in the audience, among those that would be interested in such matters . Mr. Wallace said they have been dealing with problems at the Airport up to this time and they would like to spend more time on the Master Plan . When they have a general idea of the direction in which the Airport is going , • then then will invite the public to make comments . Mr. Lowry did not be- lieve it will be long before they can come back with a general recom- mendation and later hold formal public hearings with an environ- mental review of the whole plan, which would be required by the FAA. General Harrison said the public would just like to be informed - they would like to know before decisions are made. Mr. Wallace said the FAA is obviously funding 75 per cent of this project and their feeling is very important - we need their financial support. Coun- cilman Titus complimented the Committee on the job they have done, commenting that they are just getting into the 'nuts and bolts" of ;the Airport. The above resolution was then unanimously adopted. On motion of Councilman Murray , seconded by Councilman Wallace, the following resolution was proposed : WHEREAS, it is the opinion of the Council of the Town of Leesburg , and the Airport Advisory Committee, in view of the obvious necessity in the future to expand the existing air- port facilities , that development of the area immediately surrounding and adjacent to the airport for residential pur- poses should be discouraged and that industrial development in such area would be most compatible with the airport, not only at present , but also in the future. • 234 MINUTES OF FEBRUARY 13 , 1974.MEETING. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg that the land immediately surrounding the Leesburg Municipal Airport should be zoned industrial , and that said industrial zoning should be the industrial zoning category under the Loudoun County Zoning Ordinance most compatible with airport development, and BE IT FURTHER RESOLVED that a copy of this Resolution be sent the Loudoun County Board of Supervisors , Planning Commission and Department of Planning and Zoning . Councilman Murray felt that the people residing around an Airport certainly have a right to know what is going on. It is of great im- portance that an airport be zoned properly. Councilman Wallace said it is the Committee 's feeling that, whatever expansion takes place, we must protect the land around the Airport from residential develop- ment . Councilman Murray also pointed out that the Federal Govern- ment will not contribute monetarily unless the proper easements are obtained and the property owners compensated for them. He cited an example of an air space easement involved when this Airport was first built, where the Court had to determine the amount of damage, as well as who was entitled to the money . Councilman Wallace also pointed out t�y1',7�`�t, recently, Chesterfield County bought about 800 acres of lan&T6uilt an Airport similar in size . They set aside 300 acres for the Airport and the remainder for industrial sites . They have a Mas- ter Plan, but they have protection all around them because they bought the land. Councilman Titus did not agree that the land around an Airport should necessarily be zoned industrial. He felt the Master Plan should be completed first and then the land rezoned. He did feel that there should be 'no residential zoning , but could not go along with industrial zoning entirely, particularly since this could mean heavy industry . It was pointed out by Councilman Ridder that indus- try involving high stacks , electronics or dirty industry would not be permitted around an Airport - the type of industry would be re- stricted. The land around an Airport must be zoned for fairly in- tense use and he felt that industrial would be that use . A member of the Loudoun County Planning Department in the audi- ence was asked to comment insofar as the County Zoning Ordinance re- quirements would apply to Airport zoning. He was of the opinion that there was nothing in the Ordinance to prevent high stacks , however, Councilman Ridder felt that FAA restrictions would take precedence over the County Zoning Ordinance in this particular instance. Councilman Wallace agreed that it would be better to have the Master Plan first, however, the area is growing faster than the Mas- ter Plan is coming about.. Therefore , the Committee feels that the Town should go on record now, before it is too late . The above resolution was then adopted by a vote of 5 to 1, with Councilman Titus casting the dissenting vote . On motion of Councilman Wallace , seconded by Councilman Pum- phrey , the following resolution was proposed: WHEREAS, it has come to the attention of the Council of the Town of Leesburg that certain portions of land at Leesburg Municipal Airport not currently under lease are being or have been used by the Lessees for their own purposes . BE IT RESOLVED by the Town Council of the Town of Leesburg that Transamerican Airports , Inc . and Blue Ridge Aircraft, Inc. be notified, by certified mail, that they do not have permission to use, for any purpose whatsoever, without the _ express written consent of the Town Council , any land not presently leased from the Town of Leesburg by Transamerican Airports , Inc . and Blue Ridge Aircraft, Inc . 23' s MINUTES OF FEBRUARY 13 , 1974 MEETING. Councilman Wallace said it came' to the Committee 's attention that there were aircraft being tied down on property which was not under lease, indicating either a need for additional tie-down space, or the land is being used and rent collected that was not being paid. This is the Town 's property and not under lease to anybody . It is pretty clear that there are violations on the part of both Lessees and the Committee wants this stopped. If additional space is needed, let the Airport Committee and the Council make the decision as to whether the Town should lease additional space . Mr. Rawls said they are actually using the land to the north by verbal agreement of the Council. This was discussed before they put anything on it. In view of the fact that there will be considerable grading to be done when the land is developed, this was discussed with the Committee and permission secured for this use . Subsequent to that , they were under heavy pressure from FAA to provide tie-downs at the time of Transpo. They came back at that time and discussed this and spent several hundred dollars in tie-downs on that property, anticipating that all these planes would.have to be moved when con- struction begins . You just don 't move planes without tie-dow[s, so this was an orderly development. He said they would not begin to recover the cost of this . It was just a part of the development of the Airport and they did not intend to encroach on Town property. Councilman Wallace called attention to the fact that the above reso- lution refers to "express written consent" and he felt that the Com- mittee and the Council could work out something on this. Mr. Lowry pointed out this is being done to get off on an even footing on any- thing that is improper at this time . This is to give everybody no- tice that they just do not use Town property without permission. The resolution was then unanimously adopted. On motion of Councilman Wallace, seconded by Councilman Ridder, , the following resolution was unanimously adopted : WHEREAS, it has come to the attention of the Council of the Town of Leesburg that Transamerican Airports , Inc . is delin- quent in its rental payments to the Town of Leesburg. BE IT RESOLVED that Transamerican Airports, Inc . be noti- fied that all rent and other monies now due to the Town are considered past due and must be paid within 30 days from the date hereof, and herafter any arrearage in rent will be dealt with by the Town of Leesburg, pursuant to Section 20 of the Lease under which Transamerican Airports , Inc . cur- rently operates . On motion of Councilman Wallace, seconded by Councilman Titus , the following resolution was proposed: WHEREAS, it has come to the attention of the Council of the . Town of Leesburg and the Airport Advisory Committee that Blue Ridge Aircraft, Inc . is leasing portions of the land leased to it by the Town of Leesburg at Leesburg Municipal Airport to several commercial establishments , and WHEREAS, it is the opinion of the Council that such leases are sub-leases, which, pursuant to the provisions of Section 13 of the Lease between the Town of Leesburg and Blue Ridge Aircraft , Inc . , dated 22 June 1966, require prior written consent by the Town of Leesburg , which consent has not been given, and WHEREAS, it is the opinion of the Council that such leases are also a violation of the purposes for which said Lease was made, as set forth in the second paragraph of said Lease. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg that Blue Ridge Aircraft, Inc . be notified, - by certified mail, that, unless all leases entered into be- tween Blue Ridge Aircraft, Inc . and any tenant which may be engaged in a commercial enterpise are terminated by April 30, 1974, the Town of Leesburg shall avail itself of all 236 MINUTES. OF FEBRUARY - 13 , -1974 MEETING. rights as Lessor under that certain Lease Agreement dated 22 June 1966 by and between Town of Leesburg and Blue Ridge Aircraft, Inc. , including , but not limited to , cancellation of said Lease. Councilman Wallace said there are various flight schools operating out there and a Piper sales outfit. Our lease with Blue Ridge clearly states that there will be no subleasing. One of the primary concerns is that, in the Transamerican lease, there is a provision for a ren- tal payment as a percentage of gross receipts after they reach "X" dollars . As long as there are commercial enterprises operating out of Blue Ridge Aircraft space, this is draining off the fixed base operator 's income and thereforedraining off the Town ' s income . It has gone beyond the conception that it was entered into in the first place . The leasing to other commercial enterprises is in violation of their lease . To them, it is nothing more than the renting of han- gar space . Also, there is a trailer located on. Blue Ridge 's leased property, which is not in accordance with the lease. There is also an odd structure over an airplane , for which they have no permission, and an old ambulance sitting out there. All of this makes the place look junky and the Committee does not think it is" in the best inter- est of the Airport to have these things out there . Councilman Murray recommended that the Town Manager address a letter to Blue Ridge, telling them of the undesirable situation in- sofaras these items are concerned, and give them an opportunity to make corrections before official Council action is taken. On motion of Councilman Wallace , seconded by Councilman Pumphrey, certain amendments were offered, with the resolution reading as fol- lows : WHEREAS , it has come to the attention of the Council of the Town of Leesburg and the Airport Advisory Committee that Blue Ridge Aircraft , Inc . is leasing portions of the land leased 111to it by the Town of Leesburg at Leesburg Municipal Airport to several commercial establishments , and WHEREAS , it is the opinion of the Council that such leases are sub-leases , which, pursuant to the provisions of Section 13 of the Lease between the Town of Leesburg and Blue Ridge Aircraft, Inc. , dated 22 June 1966, require prior written con- sent by the Town of Leesburg, which consent has not been given, and WHEREAS, it has come to the attention of' the Council of the Town of Leesburg and the Airport Advisory Committee that Blue Ridge Aircraft, Inc . has certain unauthorized vehicles , trail- ers and structures located on land leased to it by the Town of Leesburg , and WHEREAS , it is the opinion of the Council that such leases and the location of such unauthorized vehicles , trailers and struc- tures on the leased premises are also a violation of the purposes for which said Lease was made , as set forth in the second para- graph of said Lease . NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg that Blue Ridge Aircraft , Inc . be notified, by certified mail, that unless (1) all leases entered into be- tween Blue Ridge Aircraft, Inc . and any tenant which may be engaged in a commercial enterprise are terminated by April 30, 1974, and (2) all unauthorized vehicles , trailers and structures located on land leased to Blue Ridge Aircraft, Inc . by the Town of Leesburg are removed by April 30, 1974, the Town of Leesburg shall avail itself of all rights as Lessor under that certain Lease Agreement dated 22 June 1966 by and between Town of Leesburg and Blue Ridge Aircraft, Inc . , including, but not limited to , cancellation of said Lease. 237.: MINUTES OF FEBRUARY 13 , 1974 MEETING. Councilman Ridder questioned the determination of the word "unauthor- ized, " also, would not this same thing apply to Transamerican? Coun- cilman Murray agreed that this same thing should apply to Transameri- can, but thought the Committee would have to make this determination. If they can 't, then the_ Council would have to resolve it. Town At- torney Martin asked if these are actual written leases . Councilman Wallace understands that they are verbal agreements , with rules and regulations . After further discussion , the resolution, as amended, was unanimously adopted. • Councilman Wallace congratulated the entire Airport Advisory Committee for a job well done, particularly Mr. Lowry, the Chairman , who so ably led them. He feels that the Airport has been taken off of the "back burner" now and is glad to see some action started on it. On motion of- Councilman Ridder, seconded by Councilman Murray, the following resolution was unanimously adopted : BE IT RESOLVED that the Town Manager be authorized to pre- pare letters (as suggested by Johnson and Williams) to the O four (4) Government Agencies in connection with application for Federal Grant for sewage treatment plant expansion. CC Mr. 'Ritter explained that the first original deadline had been De- C cember 31, 1973 , however, it was found there were approximately 80 communities up for grants and only 30 of them had taken the first steps , so the deadline was extended to February 15th. He under- stands this is no magic date , however, so it will be all right if we tell them Council has approved these letters and that they are in the mail. Mayor Hill added that some delay on our part was caused by our waiting for NVPDC 's decision to help us make a decision,. but to do not have that yet. He also added that, at the meeting which he and Mr. Devero attended yesterday, the amount of money being discussed for various size plants was appalling . It was decided that the let- , ter to the Water Control Board would be sent down with Mr. Tom Nalls on Friday morning and the others would be mailed. On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was adopted by a vote of 5 to 1, with Coun- cilman Wallace abstaining : RESOLVED, that the rezoning application of Basil M. DeLash- mutt, dated January 24, 1974, be referred to the Leesburg Planning Commission for proper disposition under the require- ments of Article 11 of the Leesburg Zoning Ordinance . Mayor Hill asked for a short recess at 9:55 P.M. Council reconvened at 10 :03 P.M. On motion of Councilman Wallace, seconded by Councilman Titus , the following resolution was proposed: BE IT RESOLVED that the Town Manager be authorized to notify, as required, the developers in Categories 1, 2; 2-1 and 3 of the Statement of Priority for Public Water and Sewer dated June 13 , 1973, as amended, that they will be allowed to con- nect the units included therein to the Town of Leesburg 's water and sewer system, provided all stipulations of the Statement of Priority and all ordinances and policies of the Town of Leesburg are met, and • BE IT FURTHER RESOLVED, that the Planning Commission be noti- fied of such action and that it is requested to consider only those plats included in the categories named above. • Councilman Wallace stated that the categories mentioned above in- clude -the following :projects : • Leesburg Square - 7 commercial lots Rock Springs Heights , Sec . 2-C -13 residential lots Exeter Hills, Sec . 3 -21 residential lots Loudoun Hills (pori. tion of Sec . 2) -26 residential lots Scandia -394 condominium units 238. MINUTES OF FEBRUARY 13 , 1974 MEETING. Councilman Wallace said we have watched our sewage flow for the past six months and, with the average daily flows and the projected flows , it is felt that we have enough capacity left to open up sewage for this many units . It is hoped that , with chemical treatment, etc. , - floe* we can go further before too long, but there is no guarantee . He understood that Mr. Ritter sent a letter on February 7th to the Water Control Board, advising them that we intended to take this action tonight and, if they had any comments , they were to let us know by tonight . Mr. Ritter said this was done and he- also called and talked with someone in the Enforcement Division that day and ad- vised that this letter was on its way . Nothing has been heard from the Water Control Board, or from Dr . Oyen or Dr. Shanholtz . The resolution above was then unanimously adopted. Councilman Wallace stated that he and Mr. Titus had been ap- pointed to work with the Town 's attorneys on the Shor suit quite some time ago and they have been working constantly on it. Last week, Mr. Shor contacted them and indicated a willingness to reach an agree- ment on this suit . An Agreement has been drawn, which has been gone over by the Town 's attorney and he and Mr. Titus . He outlined briefly the main points of the Agreement, among which was a change in dates requested by Mr. Shor since the Agreement was drawn for payment of specific tap fees . Also, among these points is the fact that Council agrees to hold open public hearings within six months on the question of water and sewer rates . On this point, Councilman Murray requested that the appropriate committee bring this up for the next Council meeting so that a public hearing could be advertised. Councilman Wallace said there is no requirement for advertisement, however, Council will advertise for public hearing at the proper time . Also,. the Town has consultants working on a water and sewer rate study at this time and it would be advisable to wait until this. is completed. Mr. Murray feels that this hearing should be held by this present Council and June is not far away . It was suggested that Mr. Ritter check with Mr. Burt of Daniel A. Robinson & Associates to see how soon this study can be completed. On motion of. Councilman Wallace, seconded by Councilman Titus, Council voted unanimously that the Mayor be authorized to sign this Agreement, with the change on Page 2 from January 31, 1975 and Janu- ary 31, 1976 - change those dates to November 30, 1975 and November 30, 1976 . The Agreement reads as follows : THIS AGREEMENT, made and entered into this day of February, 1974 , by and between SHOR-LEESBURG ASSOCIATES , a Virginia Limited Partnership, and LESTER H. SHOR, parties of the first part , and the TOWN OF LEESBURG, VIRGINIA, and the LEESBURG TOWN COUNCIL, parties of the second part, WITNESSETH : WHEREAS, SHOR-LEESBURG ASSOCIATES instituted legal actions in the Circuit Court of Loudoun County , Virginia , denominated Actions at Law Nos . 4339, 4293 , 4284 and 4300, against the TOWN OF LEESBURG and other similar defendants ; and WHEREAS, the parties to the aforesaid Civil Actions desire to resolve their differences by settlement and agreement with- out the necessity of litigation and the expense and inconveni- ence incident thereto ; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valid consideration, the II/ parties agree as follows : 1. SHOR-LEESBURG ASSOCIATES will at all times retain its position on the priority list established by the LEESBURG TOWN COUNCIL for water and sewer availability. SHOR-LEESBURG ASSOCIATES agrees to comply with all of the requirements of the priority list established by- the LEESBURG TOWN COUNCIL on June 13, 1973 (a copy of which is appended to this Agreement and incorporated herein by reference) . It is understood and 2.3 W MINUTES OF FEBRUARY 13 , 1974 MEETING. agreed that the existing site plan for the SHOR-LEESBURG AS- SOCIATES project (hereinafter referred to as "Scandia") is valid!;anddn_,full force and effect . The water and sewer ex- tension agreements between the parties hereto are hereby ap- proved by the Town of Leesburg , and the TOWN OF LEESBURG hereby allocates to SHOR-LEESBURG ASSOCIATES three hundred ninety-four (394) water and sanitary sewer taps for the Scandia project. 2 . On or before June 1, 1974, SHOR-LEESBURG. ASSOCIATES will pay for sixty-one. (61) water and sewer taps at the pres- ent prevailing availability rate of One Thousand Three Hundred Dollars ($1,300.00) per water tap and One Thousand Three Hund- red Dollars ($1 ,300 .00) per sewer tap. The remaining taps will be paid for by SHOR-LEESBURG ASSOCIATES at the then prevailing rates as follows : (a) On or before November 30 , 1975 , one hundred sixty- nine (169X water and sewer taps ; and O . (b) On or before November 30, 1976 , one hundred sixty- CN four (164) water and sewer taps . CD 1.•3 It is understood and agreed that this allocation of sanitary Q sewer capacity is made expressly subject to any actions of the C State Water Control Board. 3 . The LEESBURG TOWN COUNCIL agrees , within six (6) months from date of acceptance of this Agreement, to hold open, public hearings on the question of water and sewer rates . The Council will issue a written decision by resolution . 4 . SHOR-LEESBURG ASSOCIATES or its representatives will be given adequate opportunity to present their position on the question of rates at the public hearing agreed upon in paragraph 3 above . 5 . SHOR-LEESBURG ASSOCIATES will dismiss all pending liti- gation against the TOWN OF LEESBURG, its Council and employees , with prejudice , upon acceptance of this Agreement by the LEES- BURG TOWN COUNCIL. 6 . This Agreement is subject to the following : (a) orders of any court of competent jurisdiction; (b) action by bondholders ; (c) action of the State Water Control Board, State Health Department, or any other governmental entity having competent jurisdiction; (d) Shor-Leesburg Associates must meet all require- ments for land development , including bonding re- quirements , with surety for streets and other pub- lic improvements as shown on the approved site plan ; (e) unusual drought, or other natural catastrophies or disasters which may adversely affect the Town of Leesburg ' s water and sewer systems ; (f) "Rates" as used herein means availability charges for water and sewer service , connection fees for water and sewer, and charges for monthly water and sewer services . 8. This Agreement shall be binding upon the parties hereto, their respective successors and assigns and those af- filiated or related to them, and shall inure to the benefit of the employees , officers , agents, assigns , successors and repre- sentatives of SHOR-LEESBURG ASSOCIATES, LESTER H. SHOR, the TOWN OF LEESBURG, VIRGINIA, and the LEESBURG TOWN COUNCIL. 240 MINUTES OF FEBRUARY 13 , 1974 MEETING. SHOR-LEESBURG ASSOCIATES By: (SEAL) L. H . Shor (SEAL) Lester H. Shor TOWN OF LEESBURG, VIRGINIA, and TOWN COUNCIL OF LEESBURG, VIRGINIA. ATTEST: By : (SEAL) I Mayor Clerk It was noted that the change in dates would have to be initialed by Mr. Shor. Mr. Hugh Creeger, attorney representing Loudoun Hills , stated their objection to the Priority List insofar as it affects his client, and said they hope to persuade the Council that this List is incor- rect. They will be talking with Council about this in the future. Town Attorney Martin said he understood from the Commonwealth 's Attorney that the County wishes the Town to apply for the commission permit for the tennis courtsand he believed this to be in order. On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was unanimously adopted : BE IT RESOLVED that the Town Manager make application for com- mission permit for the construction of the public tennis courts , for which a lease has been entered into on the blank date be- tween the Town and the County . On motion of Councilman Wallace , seconded by Councilman Ridder, the meeting was adjourned at 10 :20 P.M. '1449 e.d Mayor /2 /� //1,_Y Clerk of he Council