HomeMy Public PortalAbout1974_06_26 32
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 26 , 1974.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia; on
June 26 , 1974 at 7 :30 P.M. The meeting was called to order by the
Mayor, with Councilman Wallace: offering the prayer, followed by the
Salute to the Flag . Present were Mayor G. Dewey Hill, and all mem-
bers of the Council, except Councilman Robert A. Orr, these members
being Walter F. Murray, John W. Pumphrey , Herbert L. Ridder, C . Terry
Titus and John A. Wallace, Jr. , Also present were Town Manager James W.
Ritter, Jr. , Deputy Town Manager E. Wesley Devero and Town Attorney
George M. Martin. •
I
Town Manager Ritter reported as follows :
•
'(1) Regardingthe appropriation to DND, this should be the final
bill on this Route 7 Urban Project. This project will be advertised
for bids on July 10th. . The Town 's share of cost should be about
$87 ,000. In addition to this , there will be some expense to put in
a paved ditch for the School Board, which will be around $15 ,000.
•
(2) The $3,000 appropriation to Payne Associates should read
O "Test Borings for 1.5 m.g . Tank Foundation. " This is part of the
- CN $74,850, which is the amount we received out of. the Escrow Account
CC in the amount of $75,000 which was set up to build the 275 ,000 gallon
1-0 tank on Hogback Mountain, and is also part of the $9,935 Agreement we
Q had with Payne Associates to do certain- work for us .
(3) In Item 4 they are asking for a part-time secretary to as-
. sist the Receptionist-Secretary in the front-office, as well as in
the Treasurer 's Office. This was an oversight in preparing the Bud-
get.
•
(4) Item 5 concerning sale of property for delinquent taxes ,
this would have to be done in accordance with State Code Amendment
concerning advertisement and sale.
II ' (5)
Attachment #3 on Item 9 is a copy of a Letter of Credit in
lieu of a Performance Bond - this was used in Fairfax County to cover
ite improvements . Mr. Shor wants to use a similar letter to cover
physical improvements in Scandia .
(6) Item 10 states that Lester Sorensen is asking for authority
to hire an attorney, not to exceed $350. The question here is who is
asking for the legal opinion . Perhaps this should be reworded.
(7) On Item 11, the Town Attorney advises that all contracts ,
regardless of the amount, should be subject to Council approval.
(8) On Item 12 , this section of Sycolin Road has, already been
abandoned and is now being occupied by the- By-Pass.
(9) Items 1 and 2 on the Addition are not recommended by a Com-
mittee, but are in line with Mr. Burt 's recommendations. Item 1 is
to be deleted from the Town Code. Item 2 , Sec. 25-21, covers rates
on water bills=.and sets this rate at 80 cents per thousand gallons
across the board - the Budget is based on this rate. He recommended
that Sections 25-22 and 25-24 go back to the Utility Committee for
further study.
(10) . He explained the supplemental appropriations on the Addition,
which were handed to him after the Finance Committee meeting .
I (11) We have again asked for bids on brick sidewalks, the first
ones being higher than anticipated. A revised standard has been set
and it is hoped to get a lower price. These bids will be opened on
Monday at the Utility Committee meeting.
(12) We are still waiting for a Labor and Material Bond from
Tri-County Asphalt before they can start on the street resurfacing
program.
U_ Ito:
Councilman Ridder asked about the revised standards for sidewalks -
he understood one had been adopted. Mr. Ritter said they made up a
revised one, trying to get a lower bid. This would consist of 4 inches
of stone compacted to a certain grade and the bricks to be laid without
mortar. With proper workmanship and material , it should be just as good.
322
.MINUTES OF JUNE 26, 1974 MEETING. • •
Councilman Wallace stated that he had several items concerning
the Airport to be considered at the end of the Agenda.
Councilman Titus had two items :
(1) We have had contact with Mr. Sills ' attorney in Richmond.
Since then, Mr. Titus has talked with Dr. Oyen about thissituation
and there seems to be a difference of opinion as to just what is
needed. He would like the Town. to secure an official status report
from the State on this and asked that the Town Manager write'a letter
to Dr. Mack Shanholtz of the Health Department, asking him to keep us
posted on this matter, with a copy of said letter to Mr. Ray Perry in
the Certificate of Need office in Richmond and a copy to Mr. Jeff
Human of the Comprehensive Health Planning Office in Loman 's Plaza
in Falls Church. .
(2) He asked that another date be set for the discussion on the
exchange of sewer taps since they- are not prepared for this at this
time. This meeting was scheduled for July 1st.
Councilman Murray stated that, this. being. his last official meet-
ing on the Council, he knew there had been many times that he had said
things that probably made some enemies. He hoped that his nine years
of service have proved to be for the betterment of the community. To
those who will. succeed him, his advice was that very frequently de-
cisions must be made that do not necessarily meet with the approval
of the majority of the people, citing as examples such things as taxa-
tion , removal of trees.'and the assessing of people' for trash removal.
He believed the makings of a good legislator to be that of a person
who can vote his conscience and not necessarily be popular in all his
decisions. He felt that the newly-elected Council members will serve
with distinction. He hoped that, if he can be of any assistance to
the Town, the Mayor and Council will call on him.
Mayor Hill felt that all three of the outgoing Council members,
Councilmen Murray, Pumphrey and' Wallace, have certainly contributed
tremendously to this Council in the time that he has worked with them.
He asked that they all attend the next Council meeting in order that
they might be formally recognized. for their service to the Town.
Mayor Hill read a message just delivered to him by Mr. Lind of
the Metro-Virginia News , as follows : "According to Austan Librach
at the State Water Control Board hearing tonight, Noman Cole has been
asked by Governor Godwin to stay on as Chairman of the State Water
Control Board until completion of NVPDC Study. Area I is achieved. "
Mayor Hill said that, in connection with this Hearing tonight, he was
asked to write a letter to the Water Control Board, said letter to be
read into the Minutes of that Hearing. This letter was read by the
Clerk at this time. Mr. Ritter reported that the original of this
letter was delivered to Mr. Schwarberg yesterday and it will be read
into the record tonight.
Mayor Hill stated that the Utility Committee and the Finance Com-
mittee will meet at the regular time next Monday and Tuesday, with any
change wished by the new members of- Council to be made after that time.
Mr. William Chamberlin appeared before the Council, seeking a
waiver of the requirement that a site plan be prepared and submitted to
the Planning Commission for Rock Springs Heights, Section 2-C. ' It was
explained. that this town house subdivision was approved before the mora-
torium
was declared, with the Site Plan Ordinance being adopted since
that time, thereby requiring that a site plan be submitted and approved
before a zoning permit can be issued. It was pointed out by Mr. Chamber-
lin
hamber
lin that this matter had been discussed with the Town Attorney and Mr .
Forbes and it was decided, at that time, that the best recourse would be
to get a determination from the Council to find out if it was intended
that the Site Plan Ordinance would include those town house subdivisions
on the Priority List. Town Attorney Martin took the position, at this time,
that the procedure would be to appeal to the Board of Zoning Appeals . Mr.
Forbes said that it is incumbent upon him to administer the Zoning Ordi-
nance, of which the Site Plan Ordinance is a part. This was discussed at
length by Council members , with the feeling that it was really not intended
3
MINUTES OF JUNE 26 , 1974 MEETING. , '
. to include this and the-rother. town house subdivisions on the Priority
List in this Ordinance. On motion of Councilman Wallace, seconded by
Councilman Pumphrey, the following resolution was proposed:
WHEREAS, a Site Plan Ordinance was adopted by the Town Coun-
cil of the Town of Leesburg, and
WHEREAS, certain existing residential subdivision; were er-
. roneously. included •under the Ordinance, . those subdivisions
being Rock Springs Heights., Section 2-C; Loudoun Hills , Sec-
, .tion 2 ; Virginia Knolls , Section 3 and Huntland Homes , Sec-
tion 2, ,
NOW, THEREFORE, BE IT RESOLVED, that it is the consensus of
the Council that these subdivisions should not be construed
to be under the new Site Plan Ordinance .
Further discussion continued, with the conclusion being that it looked
as though this situation would have to be. handled by the Board of Zon-
ing Appeals and Mr. Forbes . However, it was felt that this resolu-
tion might have some;bearing if and when this case would go-before
Cr) the BZA. The resolution was then unanimously adopted, as shown below:
CD
Aye : Councilmen Murray, Pumphrey, Ridder, Titus , Wallace and
1 Mayor Hill.
= Nay : None.
On motion of Councilman Wallace, seconded by Councilman Murray,
the following resolution was proposed :
BE IT RESOLVED, that the following appropriations be made:
$ 346 .25 - DND - Rt. 7 Urban Project - Utility Fund-
Capital Outlay.
I
4,275 .97 - Lon Havener - Utility Relocation- of .3 projects
on By-Pass - Utility Fund-Capital Outlay .
2,180 .38 - Rosser' Payne - Master Plan - Planning & Zoning
(supplemental) .
2 ,500.00 -. Administration of Justice (supplemental)•.
50.00 - Police Uniforms (supplemental) .
3 ,000.00 - Payne Associates - Test Borings for 1 .5 m".g .
Tank Foundation, to be paid from Availability
Fund.
A rol l. .>.2'_.:.
A roll call unanimously adopted the above, as. shown below:
Aye : Councilmen Murray, Pumphrey , Ridder, Titus, Wallace and
Mayor Hill.
Nay: None.
Mr. Arthur Voorhees appeared before Council in connection with
a recent request from the Loyal Order of Moose to conduct raffles and
bingo games . He explained how the monies received from such activities
is used and that the Moose is tax-exempt for charitable purposes.
There were questions by Council members , particularly with relation
Ito the new State Code Amendment which becomes effective July 1. • Mayor
Hill referred this matter back to the Laws and Administration Committee
and suggested that the Moose Lodge have a representative present at this
meeting.
On motion of Councilman Wallace, seconded by Councilman Ridder,
- the following resolution was proposed:
BE IT RESOLVED, that the Town Manager is hereby authorized
to employ a part-time Secretary, and that $3 ,000 be appro-
priated for this position during the next fiscal year.
After some discussion, it was decided that this item should be added
to the Budget and appropriated along with other items . Therefore,
the motion was withdrawn by the makers.
324
MINUTES OF JUNE 26, 1974 MEETING. . .On motion of Councilman Wallace, seconded. by Councilman Pumphrey,
the following resolutionawas proposed: .
BE IT RESOLVED, that the Town Manager authorize the Town
Treasurer to sell real estate, where taxes were delinquent
for a period of three (3) years prior to December 31, 1973,
in accordance with Sec . 58-1117 .1 of the State Code .
After some discussion,- the resolution was unanimously adopted, as
shown below:
Aye : Councilmen Murray, Pumphrey, Ridder, Titus , .Wallace and
Mayor Hill.
Nay: None .
On motion of Councilman Wallace, seconded by Councilman Murray,
the following resolution was proposed:
BE IT RESOLVED that, for the fiscal year 1975 , the grace
period on Business Licenses 'be extended to 15 days (July
1-15) , with interest to begin on August 1.
After explanation by Councilman Wallace, which pointed out that this
only .for the- fiscal year 1975, the resolution was unanimously adopted,
as shown below:
Aye : Councilmen Murray , Pumphrey, Ridder, Titus , Wallace and
Mayor Hill.
Nay: None .
On motion of Councilman Murray, seconded by Councilman Wallace,
the following resolution was proposed:
BE IT RESOLVED, that a Postage Machine, with an advertise-
ment bar, be purchased for the Town, at a cost of approxi-
mately $800.00.
22
E .. n
This was explained by Councilman Wallace, with Mr. Ritter adding that
the cost of the advertisement bars is $15 .00. The resolution was then
unanimously adopted, as shown below:
Aye : Councilmen Murray , Pumphrey , Ridder, Titus, . Wallace and
Mayor Hill .
Nay : None .
Mayor- Hill said it has also been suggested that a metropolitan tele-
phone line be installed.
There was considerable discussion concerning the reading of the
proposed resolutions , with the decision being left to the Mayor. He
felt that it would be better to go along with the reading of these
resolutions for the time being. As to making copies of the Additions
to the Agenda for the Press , it was felt that, if there is no objec-
tion to considering an item on the Addition, it shall be given to
the Press , however, if it is not considered and sent back to Com-
mittee, the Press will not receive such resolutions.
Bonding procedures foriphysical improvements werediscussed at
length, with Councilman Wallace explaining "an Irrevocable Letter of
Credit, as proposed• by Mr. Lester Shor'.in lieu•-of a corporate surety
bond or cash: Mr. Wallace felt' that this should be an acceptable
method of bonding; -with the'most important thing being that the Town
is protected. Town Attorney Martin was not prepared to give an opin-
ion until he would have time to investigate just what a Letter of
Credit would mean. Councilman Titus suggested that a definition of
the word "surety" should be presented. MayorHillreferred this mat-
ter back to the Finance Committee for their consideration and inter-
pretation.
On motion of Councilman Pumphrey , seconded by Councilman Ridder,
the following resolution was proposed: -
1
325
MINUTES OF JUNE 26, 1974 MEETING. .
BE IT RESOLVED, that Lester Sorensen, Jr. be authorized to
hire an attorney for the purpose of securing legal opinion
on his acting as Town of Leesburg Agent in connection with
sewer construction within an easement secured by the Town
of Leesburg from Casilear (now Hutchison property) .
Mr. Lester Sorensen, Jr. explained this resolution further, stating
that Mr. Engle , Attorney for Sorensen Construction Corporation, had
suggested an amount of $350.00 for this opinion. He also explained
the problem involved insofar as construction within this easement is ,
concerned. Several suggestions were made as- to changes in the above
resolution, with the makers withdrawing same, as. proposed. On motion
of Councilman Murray , seconded by Councilman Pumphrey, the following
resolution was proposed in place thereof: -
BE IT RESOLVED, that the Town Manager be authorized to hire
an attorney at the expense of Sorensen Construction Corpora-
tion for the purpose of securing legal opinion on Sorensen
Construction Corporation acting as Town of Leesburg 's agent
in connection with sewer construction within an.easement se-
cured by the Town of Leesburg from Casilear (now Hutchison
property) , and in other related matters .
CC
The resolution above was then unanimously adopted, as shown below:
Aye : Councilmen Murray, Pumphrey , Ridder, Titus, Wallace and
Mayor Hill.
Nay : None.
Councilman Titus requested that this be done as soon as possible and
try to have it ready for the Street Committee meeting on Monday .
On motion of Councilman Ridder, seconded by Councilman Titus,
the following resolution was proposed:
BE IT RESOLVED, that all contracts for work amounting to
over $5,000 shall be awarded on a competitive bid basis ,
unless otherwise authorized by the Town Council .
After considerable discussion, during which Town Attorney Martin felt
that any contract , regardless of the amount of money, is subject to
Council approval, on motion of Councilman Titus , . seconded by Council-
man Pumphrey, the above resolution was tabled and referred to the Laws
and Administration Committee , with the vote shown below:
Aye : Councilmen Murray , Pumphrey, Ridder, Titus , Wallace and
Mayor Hill. .
Nay : None. •
On motion of Councilman Ridder, seconded by. Councilman Pumphrey,
the following resolution was proposed:
WHEREAS, Secondary Route 621 has been altered and a new road
has been constructed and approved by the State Highway Com-
missioner, which new road, a distance of 0.56 mi. , serves
the same citizens as the road so altered;
NOW, THEREFORE, BE IT RESOLVED, that the section of old lo-
cation of Secondary Route 621 , i.e. , Section 1, shown in green
on the attached sketch, "Changes in Secondary System due to
relocation and construction on Route 7 , Project 6007-053-111,
C501, dated April 4, 1974 , Richmond, Virginia , " a total dis-
tance of 0.05 mi. , be , and the same hereby is abandoned as a
public road. J
There was some discussion concerning this ,, with Councilman Titus having ,
some very serious reservations - even though- the. problem on Anne Street .
is not related, he thinks there .should be some clarification from the
Highway Department concerning this situation. A. roll call vote showed
the following :
Aye : Councilmen Murray, Pumphrey , Ridder, Wallace and Mayor Hill.
Nay : Councilman Titus.
32$..
MINUTES OF JUNE 26 , 1974 MEETING . . i
The following appropriations from the Budget for Fiscal Year
ending June 30, 1975 were proposed :
GENERAL FUND
•
A. Administration
Personal Services :
$ 9,000.00 - Council
2,400 .00 - Mayor
• 3,000.00 - Town Attorney
18, 100.00 - Town Manager
14,200 .00 - Deputy Town Manager
14, 200.00 - Treasurer
8 ,850.00 - Deputy Treasurer
8,050.00 - Executive Secretary
8,600.00 - Town Clerk - Secretary
6 ,300.00 - Billing Clerk
15,650.00 - Director of Public Works
11,800.00 - Inspector
1,500 .00 - Engineer
7 ,000 .00 - Aide to Pub. Works & Planning
1, 900 .00 - Janitor
_ 5.000 .00 - Contingency - Legal
3,000.00 - Extra Help ••
$138 ,550.00 - Total Administration - Personal Services
On motion of Councilman Murray, seconded by Councilman Pumphrey,
it was proposed to make an addition of $3 ,000 for Extia Help, making
the Total Personal Services - Administration $138,550..00. A roll call
vote on this item is shown as follows :
Aye: Councilmen Murray; Pumphrey , Ridder, Wallace and Mayor Hill .
Nay: Councilman Titus .
Other appropriations from the Budget were proposed, as follows :
•
B. Other Services and Supplies
$ 30,000.00 - Insurance •
28,000.00 - Social Security
4,500 .00 - Retirement
3 ,500 .00 - Audit •
3,000 .00 - Advertising & Printing
1 ,800.00 - Telephone
3,200.00 - Stationery & Office Supplies
650.00 - Auto Tags
462 .00 - Municipal League Dues
1,000 .00 --Misc . Travel Expense
200.00 - Miscellaneous
2,000.00 - Electricity, Fuel Oil & Gas
3,000.00 - Repairs & Supplies
600.00 - Christmas Bonus
720.00 - Xerox Machine Rental ' -
500.00' - Bookkeeping Machine Rental
$ 83 , 132.00 - Total Other Services and Supplies
C: Planning & Zoning.
C-1. Planning & Zoning Office.
•
' $ 14,950.00 - Director ' s Salary •
100.00 - Books & Publications
300.00 - Supplies
500 .00 - Ordinances & Maps
20.00 - Dues to ASPO •
500.00 - Dues to NVPDC
$ 16 ,370.00 - Total Planning & Zoning Office
3,271
MINUTES OF JUNE 26 , 1974 MEETING. -
C-2. Planning Commission .
$ 4,320.00 - Members ' Salaries •
6 ,000.00 - Consultant for Comprehensive Plan
2 ,000.00 - Printing Comprehensive Plan
200.00 - Printing Ads .
•
$ 12 ,520.00 - Total Planning Commission.
C-3. Board of Architectural Review.
$ 25.00 - Dues to National Trust
C-4. Board of Zoning Appeals.
$ 200.00 - Printing Ads
•
$ 29,115 .00 - Total Planning& Zoning .
D. Administration of Justice: _
•
Ch Ch $ 7 ,000.00 - Total Administration of Justice.
CO
E. Police Department •
0
$112,150.00 - Personal Services
7 ,000.00 - Police Car Maintenance
900 .00 - Radio Maintenance
500.00 - Ammunition • •
2,000.00 - Uniforms •
1,000.00 - Training Program-
1,000.00 - Miscellaneous -
300.00 - Travel
500.00 - Laundry •
3,552.00 .- No. Va . Crim. Justice Assessment
' 600.00 - Telephone
$129,502.00 - Total Police Department
F. Fire Department •
•
$ 6 ,200 .00 - Town 's Operating Payment
1 ,500.00 - Fire Marshal
$ 7,700 .00 - Total Fire Department
G. Street Division
•
$ 63,250.00 - Personal Services
18,000.00 - Materials
12,000.00 - Equipment Maintenance
4,500.00 - Snow Removal •
1,000 .00 - Sidewalk Maintenance •
12,000.00 - Street Lighting •
1,000.00 - Parking Meter Maintenance
500 .00 - Traffic Light Maintenance
2,000.00 - Painting Streets
2,000 .00 - Tools -
$116 ,250.00 - Total Street Division
•
H. Town Shop Division
$ 24,900.00 - Personnel - Total Town Shop Division
I . Refuse Disposal
$ 57 ,000.00 - Total Refuse Disposal (Later amended to
$ 67 ,730.00)
328
MINUTES OF JUNE 26 , 1974 MEETING. .
J. Debt Service •
$ 25 ,000.00 - $475,000 Bond - Principal
12 ,250.00 - $475,000 Bond - Interest
25 ,000.00 - $600,000 Bond - Principal.
31,500.00 - $600,000 Bond r Interest i
25 ,000.00 - $650,000 Bond - Principal'
28,325.00 - $650,000 Bond - Interest ,,
50.00 - Bank Service Charge
$147 ,125 .00 Total Debt Service
K. Contingency Fund
$ 1,500.00
UTILITY FUND
•
L. Water & Sewer Division
$ 74,050.00 - Personal Services •
30,000.00 - Materials
2,000.00 - Vehicle Maintenance
3,000.00 - Electricity
250.00 - Purification Supplies •
500.00 - Fuel -
250.00 - Telephone
1,500.00 - Equipment Repairs .
1,800.00 - Payment to Paxton Home
600.00 - Rental on diZerega Spring.
600.00 - Radio Maintenance
2,000 .00 - Engineering
2 ,500.00 - Tools
45 ,000.00 - Transfer to Gen. Fund.
$164,050.00 - Total Water &Sewer Division
M. Water Pollution Control Facility _
$ 60,750.00 - Personnel
32,000.00 - Chemicals
6 ,000 .00 - Electricity
300.00 - Telephone
2,000.00 - Gas
10,000 .00 - Maintenance
600.00 - Vehicles
$111 ,650.00 - Total Water Pollution Control Facility
N. Debt Service
$ 15 ,000.00 - $300 ,000 Bond - Principal
4 ,500.00 - $300,000 Bond - Interest
8,000.00 - $160,000 Bond - Principal
1 ,404.00 - $160,000 Bond - Interest
45 ,000 .00 - $900,000 Bond - Principal
20,475 .00 - $900,000 Bond - Interest
71,700.00 - $1,500,000 Bond - Interest
75 .00 - Bank Service Charge
$166 ,154.00 - Total Debt Service
0. Contingency Fund
$r 1,000.00
On motion of Councilman Murray, seconded by Councilman Ridder,
the Appropriations were adopted, with a change on Refusal Disposal
to $67 ,730.00. The vote is shown as follows :
Aye: Councilmen Murray, Pumphrey, Ridder, Titus , Wallace and
Mayor Hill.
Nay : None .
320
MINUTES OF JUNE 26, 1974. MEETING. .
On motion of Couc 'lggelurray, seconded by Councilman Wallace,
the Total Appropriation were Adopted by 5 to 1, with the vote shown
below: -
Aye : Councilmen Murray, Pumphrey, Ridder, Wallace and Mayor Hill.
Nay: Councilman Titus .
Councilman Titus suggested that Mr. Forbes be known. as Director of
Community Development hereafter.
There being no objection to considering the resolutions pro-
posed by the Airport Advisory Committee, the Additions to the Agenda
were then considered.
On motion of Councilman Wallace, seconded by Councilman Ridder,
the following resolution was proposed :
WHEREAS, it has crime to the attention of the Town Council that
Transamerican Airports , Inc . , assignee of Chantilly Aviation,
Inc . and Lessee under that certain lease agreement dated May
11, 1966, wherein the Town of Leesburg is the Lessor, is in
CN violation of and has failed to perform certain covenants and
CD agreements contained in said lease, and
Z1
WHEREAS, the Council desires to give Transamerican Airports ,
Inc . written notice of such violations in accordance with
Section 20(g) of said lease, and to exercise its rights as
Lessor under said lease,
NOW, THEREFORE, BE IT RESOLVED, that Transamerican Airports ,
Inc . is hereby given noticg pursuant to Section 20(g) of that
certain lease agreement dated May 11 , 1966 , that it is in de-
fault in the performance of the following covenants and agree-
ments required to be performed by the Lessee thereunder:
1 . That Transamerican Airports , Inc . has failedtopayto the
Town of Leesburg the specified rental based upon the gross
receipts of Transamerican Airports, Inc . for the fiscal year
ending March 31, 1973 , as required by Section 12 of said
lease agreement .
2. That Transamerican Airports, Inc . has not provided the
Town of Leesburg with a certified and sworn copy of its fede-
ral income tax return for the fiscal year ending March 31,
1973, as required by Section 12 of said lease agreement.
3. That Transamerican Airports , Inc . has failed to maintain
and keep in good repair the buildings and, appurtenances leased
to it and has failed to keep that portion of the airport and
appurtenances which is not leased to others free from obstruc-
tion and in a neat and presentable condition, as required by
Section 15 of said lease agreement.
BE IT FURTHER RESOLVED, that this resolution is the written
notice to Transamerican Airports , Inc . to remedy the afore-
said defaults in performance of the aforesaid covenants and
agreements , as required by Section 20(g) of the lease agree-
ment.
BE IT FURTHER RESOLVED, that a copy of this resolut-ion be sent
by registered mail to Lucien Rawls, President of Transamerican
Airports , Inc .
Councilman Wallace explained that this , and other resolutions to follow,
are the result of a meeting of the Airport Advisory Committee with
Council, at which time they went over various phases of the proposed
Master Plan, as well as many items that were not in compliance with the
lease. He recognized Mr. Lowry and Mr : Chamblin, two members of the
Committee, in attendance tonight. He said that Mr. Rawls did deliver
his 1973 income tax return today and that gross receipts did not jus-
tify any excess rent. He referred to other items that have been ne-
• glected at the Airport and said it is the intention of the Advisory
- Committee that Council assert its rights under the lease.
330.
MINUTES OF JUNE 26 , 1974 MEETING.
Mr. Rawls commented at length concerning many items at the Air-
port, withhis feeling being that this resolution is a strong state-
ment. He felt that, other than the grass , and he has made arrange-
ments to have this cut as hay, there is not a single item that is not
either a matter of construction or leasehold improvements., including
the ditch referred to best& the taxiway. Mayor Hill commented on the
high grass when he visited the Airport several weeks ago and Council-
man Ridder commented that you certainly don 't wait to make a crop of
hay from grass surrounding an Airport - this is gross negligence.
He also commented on the hole next to the taxiway and the mound of
earth next to this excavation, which is almost equally as dangerous . —
He felt that steps should be taken to clean up all these hazardous :• '
conditions immediately. There were further comments concerning the
tax return received this date, as well as explanations by Mr. Rawls
as to why the next return would not be forthcoming by June 30th.
Councilman Wallace said the first two items in the resolution have
been met, but he would like to see the resolution adopted as is .
Councilman Murray left the meeting at this time .
Councilman Wallace hoped the Committee might get together with
Mr . Rawls next week and go over other items needing attention and,
if appropriate, give him some time for some of these items .
The resolution was then unanimously adopted, as shown below:
Aye : Councilmen Pumphrey , Ridder, Titus, Wallace and Mayor Hill.
Nay : None.
On motion of Councilman Wallace, seconded by Councilman Ridder,
the following resolution was proposed:
WHEREAS, it has come to the attention of the Town Council
that Transamerican Airports , Inc . , assignee of Dulles In-
ternational Aircraft Corporation, and Lessee under that cer-
tain lease agreement dated October 26, 1966 , wherein the
Town of Leesburg is the Lessor, is in violation of and has
failed to perform certain covenants and agreements contained
in said lease, and
WHEREAS, the Council desires to give Transamerican Airports ,
Inc . written notice of such violations, in accordance with
Section 16 (g) of said lease, and to exercise its rights as
Lessor under said lease.
NOW, THEREFORE, BE IT RESOLVED, that Transamerican Airports ,
Inc . is hereby given notice, pursuant to Section 16 (g) of
that certain lease agreement dated October 26 , 1966 , that it
is in• default in the performance of the covenants and agree-
ments required to be performed by the Lessee thereunder, be-
cause Transamerican Airports , Inc . has failed totally to per-
form those covenants and agreements enumerated in said lease,
as required to be performed by the Lessee thereunder, except
the payment of the required rent.
BE IT FURTHER RESOLVED, that this resolution is the written
notice to Transamerican Airports , Inc . to remedy the afore-
said defaults in performance of the aforesaid covenants and
agreements , as required by Section 16 (g) of the lease agree-
• ment.
BE IT FURTHER RESOLVED, that a copy of this resolution be sent
by registered mail to Lucien Rawls , President of Transamerican
Airports, Inc .
Councilman Wallace explained that this lease was to be a full fixed
base operation and the Committee feels that this is a total failure
to perform under the lease . Mr. Rawls replied that Transamerican
was encouraged to take over this lease by the Town. He went on to
say that, before any work was done in this leased area , the Town met
with him concerning a Master Plan for the Airport and it was felt that
nothing should be done with the land until this Plan had been adopted.
Further discussion ensued between Council members as to this matter.
Mayor Hill called a recess at 10 :40 P.M.
3371::
MINUTES OF JUNE 26 , 1974 MEETING.
Council resumed session, with Mayor Hill asking Mr . Rawls to
keep his responses to a minimum time . The resolution was then unani-
mously adopted, as shown below:
Aye : Councilmen Pumphrey , Ridder, Titus, Wallace and Mayor Hill.
Nay: None.
•
On motion of Councilman Wallace, seconded by Councilman Ridder,
the following resolution was proposed:
WHEREAS, it has come to the attention of the Town Council
that Blue Ridge Aircraft, Inc . , Lessee under that certain lease
_ . agreement dated June 22, 1966 , wherein the Town of Leesburg
is the Lessor, is in violation of and has failed to perform
certain covenants and agreements contained in said lease, and
WHEREAS, the Council desires to give. Blue Ridge Aircraft, Inc.
written notice of such violations , in accordance with Section
14(g) of said lease , and to exercise its rights as Lessor under
said lease.
O •
NOW, THEREFORE, BE IT RESOLVED, that Blue Ridge Aircraft, Inc .
cD is hereby given notice , pursuant to Section 14(g) of that cer-
tain lease agreement dated June 22 , 1966, that it is in de-
Cfault in the performance of the covenant and agreement con-
tained in Section 6 of said lease agreement to comply with the
Loudoun County Zoning Ordinance because it has permitted a
trailer or portable dwelling unit to be parked on the leased
premises and by allowing an unsightly temporary structure to
be built for the purpose of covering an aircraft on the leased
premises .
BE IT FURTHER RESOLVED, that this resolution is the written
notice to Blue Ridge Aircraft, Inc . to remedy the aforesaid
default in performance of the aforesaid covenant and agree-
ment, as required by Section 14 (g) of the lease agreement.
BE IT FURTHER RESOLVED, that a copy of this resolution be
sent by registered mail to James H. Truxel, President of Blue
Ridge Aircraft, Inc . •
The violations of Section 6 , as mentioned above , were explained by
Councilman Wallace . Mr. Truxel stated that he has contacted three
different people to remove the structure and has received nothing •
but excuses , however, he has obtained a power saw and will personally
see that it is down in the very near future . As far as the trailer
is concerned, it was intended as a temporary place, to conduct opera-
tions and to get out of the weather at times . A permit was obtained
from the County on May 25 , 1972 ,. which he believedwas a permanent
permit and the proper procedure to follow. If this is not the case,
he will do whatever the 'f yuhgso Mr. Wallace stated that Blue
Ridge had obtained a permirTfb? 6 moths or a year for a trailer at
one time , but that expired quite a while ago. What he got from the
County was a Zoning Certificate, and then there was a temporary build-
ing permit for 6 months . Mr. Truxel said the permit from the Town
had expired some while ago, and the permit secured from the County
was under the name of another company. It was felt that the trailer
came under the Town 's lease . The resolution was then unanimously
adopted, as shown below:
Ayer Councilmen Pumphrey , Ridder, Titus, Wallace and Mayor Hill.
Nay : None .
On motion of Councilman Wallace, seconded by Councilman Ridder,
the following resolution was proposed:
WHEREAS, Henningson,, Durham and Richardson has prepared and
presented to the Town Council of the Town of Leesburg drafts
of various plans and drawings relative to the Phase II study
under the Airport Master . Plan , and
332
MINUTES OF JUNE 26 , 1974 MEETING.
WHEREAS , the Council finds the general concept of these plans
relative to the future expansion of the Leesburg Municipal
Airport in accordance with good planning practice and an im-
provement to the general safety and environment of the air-
port and the surrounding community,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg, that tentative approval is hereby given
to the Phase II portion of the Airport Master Plan, but-
that final approval will be withheld pending a review of the
:• plans by the Town Council with the Loudoun County Board of
Supervisors and the general public at a meeting or meetings
to be held in the near future .
Councilman Wallace felt that this was in accord with what the Council
wanted and Mayor Hill said he had written to the Board of Supervisors
to secure a date for discussion. He also felt that the public should
- be aware of this project. The resolution was then adopted,sas shown
below:
Aye : Councilmen Pumphrey, Ridder, Wallace and Mayor Hill. .
Nay: None .
Abstain : Councilman Titus .
On motion of Councilman Wallace , seconded by Councilman Ridder,
the following resolution was proposed:
WHEREAS the Town Council of the Town of Leesburg , on February
13, 1974, adopted a resolution relative to T-Hangar construc-
tion by Transamerican Airports, Inc . , a copy of which resolu-
tion was forwarded to Transamerican Airports , Inc . ,. and
WHEREAS, the Town Council has , at this time, selected the site
for the construction of said T-Hangar, which is in accordance
with the proposed Airport Master Plan, and
- WHEREAS, the Council 's resolution of February 13 , 1974 stated
that the T-Hangar should "be under construction no later than
six months from approval of site selection and design by the
Town of Leesburg and further that construction be completed
within one year of said approval - , " and
WHEREAS, the Town Council is most anxious for construction of
said T-Hangar to begin without further delay,
NOW, THEREFORE, BE IT RESOLVED, that the: Town Council hereby
approves the constructing of a T-Hangar. by Transamerican Air-
ports , Inc . at the site of the existing frame of- a T-Hangar
located at the Airport and consistent with the existing and
proposed Airport Master Plan,- and
BE IT FURTHER RESOLVED, that the Town Council desires that
construction begin within the next six months, in accordance
with the resolution of the Council passed February 13 , 1974
and, therefore, the Town Council hereby waives the require-
ment of approving the design of said T-Hangar prior to the
commencement of such activity as may be required to prepare
the land at the selected site for initiation of construction
of said T-Hangar, and -
•
BE IT FURTHER RESOLVED, that the design plans and specifications
for said T-Hangar be submitted- to the Airport Advisory Commit-
tee of the Town Council within 90 days of adoption of this reso-
lution, and that said Committee shall act promptly on reviewing
and approving or disapproving such plans and specifications, and
BE IT FURTHER RESOLVED that , upon approval of such plans and
specifications by the said Committee , they be immediately for-
warded by Transamerican Airports, Inc . to the County of Loudoun
for its approval, and
•
•
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334
MINUTES OF JUNE 26 , 1974 MEETING. .
On motion of Councilman Wallace, seconded by Councilman Pumphrey,
the following resolution was proposed :
WHEREAS, the increased demand for time, effort and adminis-
trative personnel to oversee and regulate operations at
Leesburg . Municipal Airport is readily •apparent to the Town
Council , and
WHEREAS, it, therefore, appears that the most efficient and
practical method of overseeing and regulating the operations
of said Airport is by the estahlishment of an Airport Authority,
NOW, THEREFORE, BE IT RESOLVED,. that the Town Attorney be and
he hereby is instructed to prepare the necessary documents which
would establish a Leesburg Municipal Airport Authority, pur
suant to Title 5 . 1, Chapter 3 , of the Code of Virginia , and
said Authority is to have all the .power and authority over
the operation of Leesburg Municipal Airport as may be dele-
gated to such Authority by the Town Council under the laws of
the Commonwealth of Virginia .
Councilman Wallace explained that this does not set up the Authority,
but means. having the documents drawn to establish it, then the Council
can review these and see just what they will be getting into. The
Committee and Mr. Rawls agree that this is the best way to operate
the Airport. Mayor Hill asked Mrs . Newman and Mr. Rock, new members-
elect, to express their feelings . Mrs . Newman felt that the Council
could not handle it, but an Authority could run the whole• thing, with
the Council being aware of what was going on. It would actually take
the operation and the worry out of the hands of the Council. Mr. Rock
had no objection to an Authority, but would want to know just what
power the Authority would be granted, therefore, he would reserve judg-
ment until he could see these documents . Mr. Titus had reservations
and would like to see the documents also. Mr. Pumphrey and Mr. Ridder
were both in favor of an Authority . A roll call vote then unanimously
adopted the above resolution, as shown below:
Aye : Councilmen Pumphrey , Ridder, Titus , Wallace and Mayor Hill.
Nay : None.
There being no objection to hearing the Additions tonight, the
following items were, considered.
On motion of Councilman Wallace, seconded by Councilman Ridder,
the following Ordinance was proposed:
BE IT ORDAINED, that Sec . 19-35, Chapter 19, of the Town
Code, Sewers and Sewage Disposal, be deleted.
After considerable discussion concerning the above and proposed amend-
ments to sections dealing with water rates , no action was taken on the
above resolution . However, it was the general consensus of the Council
that the water rates would be at eighty cents ($ .80) per thousand gal-
lons across the board. The above proposed Ordinance and others having
to do with water rates were referred back to both Committees.
On motion of Councilman Wallace, seconded by Councilman Ridder,
the following resolution was proposed:
BE IT RESOLVED, that the following supplemental appropriations
be made :
$ 266 .80 - Police Clerk-Salary.
200 .00 - Cash Register Rental.
375 .73 - Curb and gutter and sidewalk construction.
General Fund-Capital Outlay.
1,440.00 - Repainting Streets.
61 .85 - Radio Maintenance - Utility Fund.
•
The resolution was unanimously adopted by roll call vote, as shown below:
Aye : Councilmen Pumphrey, Ridder, Titus, Wallace and Mayor Hill.
Nay: None .
33 -
MINUTES OF JUNE 26, 1974 MEETING.
Councilman Titus read a prepared statement concerning his ap-
preciation for the work done by Councilmen Murray , Pumphrey and Wal-
lace and his pleasure in working with them on this Council.
On motion of Councilman Ridder, seconded by Councilman Walke,
the meeting was adjourned at 11 :55 P.M.
Mayer
/ez-e,}
Clerk of he Council
O
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c9
-4--. PROD. 6007 -.053 - III , C-50I -----• - -
i 1
. Ste. 26 4. 00
i (Rte. 15)
•
TOIL/N . OF LEE- SSC/ RC
(„ • Sect. :7
s�List3on ,.
• • —_— ..01—_— ..01 �t 'Sect . 1
To Hamilton '
L. I.
Sect. ,2 --11 To Luckerts
. .onn''•
i
Se t. 8 •
•
• ,‘'> Sta. 13 + 60
Sta. 51 $ 35 • (Rte. 621)
(Rte. IS) Sect: 5
v,.
Sect. 4• Vt. 3
•
. Sta. 30 * 50
(Rte. 621 ) Sect. 6 ®�Sta. 36 * 50
(Rte. 621)
N
LOUDOUN COUNTY
CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND
CONSTRUCTION ON ROUTE 7 , PROJECT 6007- 053- I11 , C- 501
• Et= Section of Secondary rood to be abandoned
Connection to be added to Secondary System
Section of Secondary road to remain in Secondary
• System
I ';
• )
i ;
•
•
,
Trcfric & Safety Division • ,
R,c,1.t Jr..a, Vircinw 4 - 4 -74 MAH ---'------ _. -