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HomeMy Public PortalAbout1975_12_10 lc MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 10, ' 19* 1975. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on De- cember 10, 1975 at 7 : 30 P.M. The meeting was called to order by the Mayor, with Acting Town Manager E. Wesley Devero offering the invoca- tion, and followed with the Salute to the Flag. Those present were: Mayor G. Dewey Hill , Councilmen Charles E. Bange, James H. Chamblin, Mary Anne Newman, Robert A. Orr and C. Terry Titus; also Acting Town Manager E. Wesley Devero and Town Attorney George M. Martin. Absent from the meeting was Councilman James A. Rock. Judge Archibald M. Aiken, who lives at the corner of Church and Cornwall Streets , addressed Council concerning a traffic situation at this location, and which he stated has become "a rural Times Square. " He said that, in 1962, the Leesburg Restoration and De- velopment Commission recommended to "preserve the historic residen- tial areas from business encroachment, especially the sections which border the old business district on its west and north sides. " He felt that the Town has failed to protect this residential area. He referred to the Caviness property on Cornwall Street which, in 1968, was purchased by the County and converted to office space. The County applied for and was granted a zoning permit by the Town (a special exception for a non-conforming use) . This restricted park- ing in the area very severely. Then later the County enlarged the parking area adjacent to the Caviness property from 8 spaces to 22. There was considerable protest about this , however, the Council and the Planning Commission allowed this use. Later there was further enlargement of parking facilities, and now the construction of the new County Office Building, with more than 4, 000 cubic yards of dirt to be excavated and hauled away. These dump trucks came rumb- ling down Church Street, spilling dirt all over the place. This a- mounted to an infliction of a nuisance on the residents of that area. He requested that something be done to relieve the traffic problem at this intersection and suggested, as an alternative, the possibility of allowing traffic to proceed southward on Church Street. Knowing that this is a bad intersection, he suggested that this re- ceive a very high priority for correction. Judge Aiken also referred to the grinding noise made by the Town' s trash trucks at 5: 00 to 5 : 30 in the morning. He said that, in Arlington County, they are pro- hibited from such grinding before 7 :00 A.M. He also referred to the noise by what sounds like a kennel . He said the Town of Lees- burg is a sovereign body and he felt that "protection and obedience go together. " He asked that the Town earnestly consider providing more protection, not only from the traffic problem, but in abstain- ing from the harassment by Town-owned machines . Mayor Hill replied that he has given direction that the Town not sweep the streets in that area because it bothered him. The Town has also changed traf- fic from no parking on one side to parking on both sides. The Coun- cil wants to work with him. He asked if Judge Aiken had any sugges- tions for solutions to these problems . Judge Aiken suggested that perhaps all traffic might go eastward on Cornwall Street, or make Church Street a two-way street between Cornwall and the Jail , al- though he was not sure that this could be done safely. He also sug- gested that an exit from the County Office Building construction be made onto King Street. Councilman Titus said that the situation with the trash contractor cannot be changed until such time as the trash contract is considered next spring. Judge Aiken suggested that the Town look into an anti-noise ordinance, such as Fairfax County has, although he was not sure how enforcable it might be. Mayor Hill thanked Judge Aiken and said the Town will do what it can for him. Acting Town Manager Devero reported as follows : (1) There is a resolution on the Agenda to fill the unexpired term of Maurice R. Lowenbach, Jr. on the Board of Architectural Re- view. There are also two other items to be considered concerning un- expired terms - one on the Board of Zoning Appeals and two on the Planning Commission. (2) There was a daily average flow of around 813, 000 gallons at the Sewage Treatment Plant this month, with a total rainfall of 1 . 56 inches. (3) The new pump has been installed at Phillips-Nickels Well. It has reached 525 gallons per minute and is running around 350 gpm for a period of 12 hours per day. � '' MINUTES OF DECEMBER 10, 1975 MEETING. 198 (4) He will be meeting tomorrow with Johnson and Williams and will be putting together the package for HUD on A-95 and NVPDC ap- provals so that they can issue a starting date for the water trans- mission line and stand tank projects. We do have HUD concurrence on the contractors , which allows the Town to award the contracts. The one to Pittsburgh-Des Moines Steel Co. was awarded on December 8th and the one to W. C. Spratt will be awarded on December 12th. There will be a pre-construction conference on January 5th. (5 ) He recognized the outstanding work done by the Police De- partment in the recent case of Helen Nalls. He also thanked the Mayor for his letter to the State investigators for their assistance in the case. He felt that the Leesburg Police Force did a magnifi- cent job on this case. Officers Bell and Myers and Chief Kidwell were the investigators, and other officers filled in for them when necessary. (6) A decision should be made tonight on whether or not there will be a second meeting in December. The Charter calls for only one to be held. (7 ) He hopes to get a report on space needs to the Building Committee before Christmas. It will show the critical need for ad- ditional space. (8) A Northern Virginia Legislative Conference will be held on December 18th at 7 :00 P.M. at the George Mason University. They will be discussing legislative issues of regional importance and concern. Please advise him by Friday or Monday if they wish to at- tend. (9) The application for Grant for the Potomac Water Project and expansion of the sewage system is being reviewed by COG at this time. Letters have been received from two departments of the State of Mary- land Water Resources Board and from the Virginia Department of Health concurring with the Town' s position. These have been forwarded to COG. The State of Maryland has advised, in writing, that they will not revoke the Town' s permit if water use is not instituted by June 20, 1977 . They ask that the Town provide proof that they are pro- ceeding faithfully to develop proposed facilities . Councilman Titus offered the following items : (1) Concerning a letter from Mr. Seekford, President of the Ki- wanis Club, regarding erection of two signs for civic clubs, he asked that Mr. Devero submit this to Mr. Forbes and Mr. Chaves for review and suggestion as to where these signs might be placed, if at all. Mr. Devero advised that this has been done and will come before the Public Works meeting. Mr. Titus suggested that Mr. Seekford be ad- vised of this so that he might attend the meeting. (2) As a suggestion from the Planning Commission to appoint Mr. Mervin Jackson to the Committee on Future Governmental Space Needs , the following resolution was moved by Councilman Titus, seconded by Councilman Bange and unanimously adopted, as shown: BE IT RESOLVED, that Mervin V. Jackson be and he is hereby appointed to the Committee on Future Governmental Space Needs . Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and Mayor Hill . Nay: None. Mr. Titus also suggested that Mr. Devero ' s report go to this commit- tee. ( 3) He asked the status of the plans, etc. from Dewberry, Nea- lon and Davis on the North Fork of the Town Branch. Mr. Devero said the Town is withholding a payment until the report is received. Mr. Chaves reported that he talked with Mr. Jennelle on Friday and he was instructing one of his employees to collect all the data and bring it by the office sometime this week. Councilman Titus asked that they keep on this so that the Town can get on with the project. • 199 MINUTES OF DECEMBER 10, 1975 MEETING. (4) Since he has a conflict in the matter of the Airport Master Plan because his brother lives in the area, he will not be present for the January 6th Public Hearing unless the Mayor feels it neces- sary that he be present. Councilman Bange said that the terms of Hunter M. Leach and William F. Webb, Jr. , members of the Planning Conaaission, expire on December 31st. On motion of Councilman Bange, seconded by Councilman Orr, the following resolution was proposed: BE IT RESOLVED, that Hunter M. Leach and William F. Webb, Jr. , whose terms as members of the Leesburg Planning Commission will expire on December 31 , 1975, are hereby reappointed to serve for another four-year term, said term to expire on De- cember 31 , 1979. Councilman Titus asked the status of the Zoning and Subdivision Ordi- nances . Councilman Bange said it has been worked on only once in the last four months - there have been other items to be considered at some of the work sessions and one month there were no meetings. Councilman Titus felt that, since they have had these ordinances since May and June of 1974 and no work has been done on them, it is time they are doing something on them. The understanding at the time the rezoning was done around Manor Care was that these ordi- nances would be done in six months. Mayor Hill asked if any con- sideration has been given to calling special sessions for this pur- pose. Mr. Bange did not know of any. Councilman Titus said he can- not support these appointments because there has been no action over the last 18 months on these ordinances. He suggested aguinting some- one who will work on them. Mayor Hill said he feels that he cannot vote on this matter since Mr. Leach is employed by the same Company that he is employed with. He suggested that, in light of the fact that there is some disagreement and one member of Council is absent, this matter be deferred until some other time. He understood that these men would serve until such time as other appointments are made. Councilman Titus said the Town is operating under a Compre- hensive Plan, but it can' t run without these two Ordinances being revised. His objection was purely the Ordinances themselves, noth- ing personal . The proposed resolution was then withdrawn by the makers . Councilman Titus asked that Mr. Bange state to these two members and the Planning Commission that this is not an indictment of them personally. Mayor Hill said that Mr. Forbes has received a call from Judge Penn concerning the appointment of Mr. W. Lynnhurst Johnson to the Board of Zoning Appeals and requesting a letter of concurrence from the Town. He said Mr. Johnson is very sincere and has expressed a genuine interest in this job. On motion of Councilman Titus, seconded by Councilman Newman, the following resolution was proposed and unani- mously adopted, as shown: BE IT RESOLVED, that the Council recommends the appointment of W. Lynnhurst Johnson to the Board of Zoning Appeals , and that the Mayor is directed to send Council ' s concurrence to the Judge of the Circuit Court. Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and Mayor Hill. Nay: None. Mayor Hill reminded all Council members that a statement of real estate holdings must be filed with the Clerk of the Circuit Court prior to December 31st. M-ay :r Hill also reported that he and Councilman Titus attended a School Board meeting concerning use of a portion of the Leesburg Middle School by the Parks and Recreation Department. It is under- stood that the Board went along with providing the use of two or three rooms, the gymnasium and the cafeteria. He felt that this is a good beginning toward a Community Center. The Mayor and Delegate Kenneth Rollins will be going to Richmond on December 16th concerning the hazardous situation at Catoctin Cir- cle and King Street (the Route 15 Urban Project) and other matters. 200 MINUTES OF DECEMBER 10, 1975 MEETING. Councilman Titus talked with Senator Waddell a couple of weeks ago and told him he did not think the Town had any Charter changes for this General Assembly. However, he said if there are any, they should be sent in immediately. There being no objection by Council members, the first item on the Agenda concerning the Airport was deferred until after executive session by the Council . Mayor Hill and Councilman Titus suggested that Council discuss Sections 19-14. 1 and 25-7. 1, these concerning the payment of availa- bility fees for water and sewer connections. Councilman Chamblin explained that the substitute ordinances prepared by lir. Titus and 11 him have shortened the wording of the Ordinance; proposed on the Agenda. The first deals with when availability charges shall be paid; the second with refunds . He also called attention to the fact that Rule 10 of the Council calls for a statement of emergency if an amendment or new ordinance is not advertised, etc. as called for. Councilman Titus further explained that Item A applies to all subdivision and site plans, Item B applies to all single lots through- out the Town. There was confusion as to whether or not this should be done as one motion or two. On motion of Councilman Chamblin, seconded by Councilman Titus, Council voted unanimously to consider the new material submitted in place of what was proposed on the A- genda, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and Mayor Hill . Nay: None. On motion of Councilman Chamblin, seconded by Councilman Newman, the following Ordinance was proposed: BE IT ORDAINED, that the first paragraph of Section 19-14. 1, Availability Charge, of the Code of the Town of Leesburg, is hereby amended to read as follows : Sec. 19-14. 1 . Availability Charge. In addition to the above fees, there shall be an availa- bility charge. This charge shall apply to every sewer tap application and shall be a fixed charge, based on type of land use as stated below, and shall be payable as follows : (a) Where approval by the Town Council of an exten- sion of or connection to the municipal public sewer works is required by ordinance - immedi- ately prior to said approval. (b) In all other cases - at time of issuance of a zoning permit. An emergency exists and this Ordinance shall be enforced from its passage and shall not be published. The Ordinance was adopted by a vote of 5 to 1 , as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr and Mayor Hill . Nay: Councilman Titus. Both Mr. Fred Spain and Mr. Lester Shor, builder-developers expressed their objections to the time of payment of these fees, with Mr. Spain stating that the Mayor had promised that he would be called when the moratorium item was to be discussed by the Public Works Committee. He said this was not done. Mayor Hill apologized to him, and said he and Mr. Shor would be recognized for comment when the moratorium resolution is discussed. On motion of Councilman Titus , seconded by Councilman Chamblin, the following Ordinance was proposed : BE IT ORDAINED, that Section 19-14. 1, Availability Charge, of the Code of the Town of Leesburg, is hereby amended by adding a paragraph to read as follows : MINUTES OF DECEMBER 10, 1975 MEETING. 201 If, for any reason, a preliminary site plan, a final site plan, or a preliminary subdivision plat shall become invalid, or a final subdivision plat is vacated, the Town shall refund all Availability Charges paid in connection with such subdi- vision or site plan. An emergency exists and this Ordinance shall be enforced from its passage and shall not be published. Mr. Spain objected to the proceedings. Councilman Titus said the Public Works Committee meetings are open to the public, but they do not hold Public Hearings at these meetings . He felt that Mr. Spain knew this was referred back to the Public Works Committee for recom- mendation to the Council. His comments were taken into considera- tion when the ordinance was drafted, but it is pretty obvious that the majority of the Council does not agree with him. Mr. Spain very vehemently expressed his feelings on this matter, stating that this is an act against the people and definitely against the builders. He said Council is trying to wipe them out . Mr. Shor said he is for lifting the moratorium, but it will mean nothing if the availa- bility is going to be like this. Mr. Devero felt that the Council has the Town' s feelings at heart, that it is looking for a way to spur economy and trying to make taps available so that the Town will not have to carry the present burden. He said those builders and developers on the Priority Lists were mailed copies of the pro- posed resolution and had time to respond, yet there were only two of them present at the last meeting and at this meeting tonight. He did suggest that Mr. Shor submit his alternative suggestion - this would put the risk on the builder. Mr. Spain said this is a very critical situation, on top of the bonding provision. He also said that Councilmen Bange, Chamblin, Newman and Rock were not members of the Council when the moratorium was instituted. Coun- cilman Titus suggested that Mr. Spain read the proposed resolution again, he felt that he was talking about something that he had not read thoroughly, pointing out that his Loudoun Hills Subdivision did not fit in the category of having to pay for all taps before construction. On motion of Councilman Titus, seconded by Council- man Bange, Council voted 5 to 1, as show; to call for the question: Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill . Nay: Councilman Orr. The Ordinance was then adopted by a vote of 5 to 1 , as shown: Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill . Nay: Councilman Orr. On motion of Councilman Chamblin, seconded by Councilman New- man, the following Ordinance was proposed: BE IT ORDAINED, that the first paragraph of Section 25-7. 1 , Availability Charge, of the Code of the Town of Leesburg is hereby amended to read as follows: Sec. 25-7 . 1 . Availability Charge. In addition to the above fees, there shall be an availa- bility charge. This charge shall apply to every water tap application and shall be a fixed charge, based on type of land use as stated below, and shall be payable as follows : 11 (a) Where approval by the Town Council of an exten- sion of or connection to the municipal public water works is required by ordinance - immediately prior to said approval . (b) In all other cases - at time of issuance of a zoning permit. An emergency exists and this Ordinance shall be enforced from its passage and shall not be published. 1 '0 44'' 4t MINUTES OF DECEMBER 10, 1975 MEETING. Mayor Hill recognized Mr. Shor at this time. Mr. Shor addressed himself to Councilman Titus ' question first - Why didn' t they start building a year ago? He said that a year ago no builder could get money to build anywhere and the market was not there. "You can' t beat a dead horse you can' t build anywhere without all the ele- ments put together. " This is why he and Mr. Spain did not build. The key is "Let' s be specific - let ' s be totally objective. " He cited, as an example of the availability charge under this propo- sal , the fact that in order to start his second section of his project, he would have to pay $200, 000 before he could even start. He doesn' t have this kind of money. Helmew of no other jurisdic- tion in this area that makes a builder pay this fee before con- struction. He asked that Council help the builders if they want progress in the Town. Again, he asked that the Town not make it mandatory to pay these fees before construction, it can be devas- tating. He offered as alternatives the following: (1) Collect this fee when the builder pays for his water taps and picks up his meters ; or (2) pay before an Occupancy Permit is issued. Either of these two ways would protect the Town. Mr. Spain went along with Mr. Shor' s suggestions, however, as another alternative, he suggested dividing a large project into rows of houses, whereby a builder could put up the money for just one row of houses at a time. He felt that this could be funded without any hardship. He also said that lenders like to give their money in stages of construction. He asked that Council reconsider this matter for the benefit of all concerned. Councilman Titus felt that both of these gentlemen have good points . He was, however, disturbed by the fact that no more than two builders have appeared for either meeting when this resolution has been considered. They were notified by public advertisement in the newspaper and by certified letters to all developers on the Priority Lists . Mr. Shor said there is apathy with the builders - they don' t know where to go. Mr. Spain felt that Leesburg has a great future - the problem is that everybody has gone through a bad experience. He believed the Town should try to help by giving the builders a positive attitude. He said that builders and de- velopers have, throughout history, been responsible for the growth of towns and he thinks it is time things come into perspective. Mr. Shor felt also that Leesburg is a nice town and that there are a lot of people who want to live here. One of the things that keeps them from coming here is for the Town to make it impossible for a builder to build. Councilman Orr could understand the builders' views, but he could also see the Town' s point. He said his vote would be from an emotional viewpoint, rather than being based on knowledge, however, he felt there are others who know more about this situation. He expressed his ap- preciation for the work done by Councilman Titus over the past four years on this sewer situation. Councilman Titus felt that everyone knew why he voted against the first ordinance, even though he helped draft them. Councilman Chamblin said that, although he can feel for Mr. Spain and Mr. Shor, he feels this is what is best for the Town. That is why he moved the adoption of the ordinances on the Water and Sewer ordinances. However, when Council gets to the moratorium reso- lution, which is what he believes both Mr. Spain and Mr. Shor have been addressing their remarks to, he said he cannot support it. A roll call vote on the proposed ordinance defeated the ordinance, as shown: Aye: Councilmen Bange, Chamblin and Mayor Hill . Nay: Councilmen Newman, Orr and Titus. On motion of Councilman Chamblin, seconded by Councilman Newman, Council voted 4 to 2, as shown, to reconsider the first amendment to Section 19-14. 1 of the Code: Aye: Councilmen Newman, Orr, Chamblin and Mayor Hill . Nay: Councilmen Bange and Titus . 8E MINUTES OF DECEMBER 10, 1975 MEETING. X 203 Councilman Titus felt that this has been discussed thoroughly by all members of the Council and it is time the Council is consistent. Councilman Chamblin agreed. Mr. Titus disagreed with the whole philosophy of the resolution - it has been pointed out that the builders cannot get money to build, so it won' t work. Mr. Devero said the Staff has spent hours on this - they have cited every con- ceivable situation that could occur. Council has listened to two builders, but there are some 20 others. Some say this will not hurt them and others say it will. He suggested that, if there is an al- ternate, they could pay at the time the meter is set - this would put the burden on the builders. Councilman Chamblin felt that there should be some real soul-searching on the part of the members of the Council and suggested that the Committees meet again, and perhaps with the builders or anyone else who would like to come. Councilman Orr felt it should be made clear that all the builders are invited. Mr. Spain suggested resurrecting the Builders ' Advisory Committee and perhaps one individual from this body could work with Council on this . However, Mr. Shor preferred that all the builders be present. Coun- cilman Bange said Committee has spent about 15 hours on this and each time it came back the Town was going to be tying itself to furnishing water and sewer taps - this is what it has been doing for the last two years . He felt it was useless to spend all this time on recom- mendations from Committee - when it comes before the entire Council there is still confusion - Council has spent two hours tonight dis- cussing this and still reached no decision. A roll call vote on the reconsideration of the first amendment to Section 19-14. 1 was 5 to 1, as shown, thus defeating the amendment to said Section of the Code: Aye: Councilman Bange. Nay: Councilmen Chamblin, Newman, Orr, Titus and Mayor Hill . On motion of Councilman Chamblin, seconded by Councilman Newman, Council voted unanimously to reconsider the second amendment to Sec- tion 19-14. 1 of the Code, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and Mayor Hill. Nay: None. A roll call vote on the reconsideration of the second amendment to Section 19-14. 1 was 5 to 1, as shown, thus defeating this amendment to said Section of the Code: Aye: Councilman Bange. Nay: Councilmen Chamblin, Newman, Orr, Titus and Mayor Hill . Councilman Titus was willing to meet to discuss this with any of the builders so long as it is an intelligent discussion and they know what they are talking about. Mayor Hill felt the entire Council should attend this meeting. Councilman Titus suggested that a paper be prepared from the Council , showing the process through which a developer gets his subdivision or site plan approved from the begin- ning of submission of his pre-preliminary or preliminary plat all the way through to the zoning certificate stage. Mayor Hill called a special meeting for January 12, 1976 for the purpose of consider- ing amendments to the Water and Sewer Ordinances. M . Spain offered to assume the responsibility of notifying all the builders of this meeting. On motion of Councilman Bange, seconded by Councilman Orr, it 11 was proposed to send the proposed moratorium resolution back to the Public Works Committee. This motion was defeated by a vote of 3 to 3, as shown: Aye: Councilmen Bange, Newman and Orr. Nay: Councilmen Chamblin, Titus and Mayor Hill . A substitute resolution on the moratorium was discussed briefly at this time, with Councilman Titus explaining the changes in this reso- lution as opposed to the one on the Council Agenda. Councilman Bange objected to discussing a substitute resolution that neither he nor Councilman Orr, as other members of the Public Works Committee, had seen. Council then agreed that this matter would also be re- ferred to the January 12 special meeting. '.���" MINUTES OF DECEMBER 10, 1975 MEETING . 204 On motion of Councilman Newman, seconded by Councilman Orr, the following resolution was proposed: BE IT RESOLVED, that the Town Council is desirous of holding a public auction for the sale of a parcel of land owned by the Town of Leesburg on Wast Loudoun Street, and known as the Barber Shop property, and BE IT FURTHER RESOLVED, that any renovations of said prop- erty shall be subject to the requirements of the Board of Architectural Review, and BE IT FURTHER RESOLVED, that the Town Attorney is hereby instructed to take the necessary steps to hold such public auction. It was explained that it is not proposed to sell this entire piece of property, this covers the front portion of the property back to the corner of the old Whitmore Store, with the Town retaining the remainder of the property. On motion of Councilman Titus, seconded by Councilman Chamblin, the following substitute resolution was pro- posed: BE IT RESOLVED, that the Town of Leesburg shall sell at public auction a portion of the former London property now owned by the Town of Leesburg fronting on West Loudoun Street in the Town of Leesburg having a frontage on said street of approximately 35 feet and a depth of 80 feet ; and BE IT FURTHER RESOLVED, that any and all notices of such public auction shall contain a recitation that the afore- said property lies within the old historic district of the Town of Leesburg and that any improvements thereto are sub- ject to the requirements of the Town of Leesburg Board of Architectural Review; and BE IT FURTHER RESOLVED, that the Town Manager/Town Attorney is hereby instructed to take all steps necessary and proper for such public auction; and BE IT FURTHER RESOLVED, that any and all notices of such public auction shall contain a recitation that the Town reserves the right to reject any and all bids. Councilman Titus explained that, in order to sell public property, there must be a vote of three-fourths of the Council - therefore, the action taken by the Council at its last meeting is not valid. He also explained that this is a considerably different area - the Town will retain 100 feet in the rear of the property and sell the front 80 feet with the structure thereon. The Clerk was instructed to make note at the end of the November 26th Minutes that the resolution for- merly adopted concerning this property is void. Mayor Hill said Mr. Pearson has demonstrated that he can restore a run-down piece of property in a fine manner. Mayor Hill said he voted against the former resolution because he felt that public property should-' be sold at public auction. Councilman Orr agreed. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and Mayor Hill . Nay: None. On motion of Councilman Newman, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the Town Manager is hereby authorized to purchase two new pumps, one Polymer and one Ferric, from Precision Pumps, and one used Polymer pump from the City of Culpeper for the Water Pollution Control Facility, and BE IT FURTHER RESOLVED, that an amount of $2, 100. 00 is here- by appropriated from Capital Outlay-New Equipment, Account #10310. 804 for said pumps. MINUTES OF DECEMBER 10, 1975 MEETING. WON 20' After explanation by Mr. Devero, (there should be three pumps operat- ing at one time, with three back-up pumps) , the resolution was unani- mously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Orr, Titus and Mayor Hill . Nay: None. Councilman Orr left the meeting at this time. On motion of Councilman Titus , seconded by Councilman Bange, the following resolution was proposed: WHEREAS, a request has been received from Crestwood Con- struction Corporation for an extension on the Performance Bonds for Sections 3 and 3A of Crestwood Hamlet, and WHEREAS, letters have been received from Broyhill Insurance Agency stating that these bonds have been extended and the premiums paid until November 21, 1976, NOW, THEREFORE, BE IT RESOLVED, that Crestwood Construction Corporation be notified that a six-month extension is hereby granted until May 21 , 1976 . On motion of Councilman Titus , seconded by Councilman Bange, the following substitute resolution was proposed: WHEREAS, a request has been received from Crestwood Construc- tion Corporation for an extension of the time for performance under the bonds for physical improvements for Sections 3 and 3A of Crestwood Hamlet; and WHEREAS, Broyhill Insurance Agency has notified the Town of Leesburg that the premiums on said bonds have been paid un- til November 21 , 1976; NOW, THEREFORE, BE IT RESOLVED, that the time for performance under the aforesaid bonds for Sections 3 and 3A of Crest- wood Hamlet be extended to May 26, 1976; and BE IT FURTHER RESOLVED, that Crestwood Construction Corpora- tion and Republic Insurance Company be notified of the grant- ing of the aforesaid extension. Councilman Titus asked if these bonds are in order anOthey have been checked over immediately prior to this request. Mr. Devero said they have been. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill. Nay: None. On motion of Councilman Newman, seconded by Councilman Titus, the following resolution was proposed: BE IT RESOLVED, that the Town Manager is hereby authorized to purchase a new Shaw-Walker four-drawer fireproof file cabinet, at a cost of $500. 00, and 11 BE IT FURTHER RESOLVED, that an appropriation of $500. 00 is hereby made from General Fund, Account #1011. 801 (supple- mental) for this purpose. Councilman Titus suggested that the Clerk look into the possibility of having the old Minute Books micro-filmed. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill . Nay: None. Vii : ;I 06 MINUTES OF DECEMBER 10, 1975 MEETING. On motion of Councilman Titus, seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED by the Council of the Town of Leesburg, that the Council hereby affirms the appointment by the Mayor of W. Emory Plaster, Jr. to fill the unexpired term of office of Maurice R. Lowenbach, Jr. as a member of the Leesburg Board of Architectural Review. Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill. Nay: None. On motion of Councilman Newman, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the Town Manager is hereby author- ized to accept proposal from Lee Fence Company, Inc. for furnishing and installing fencing as follows : Fence for Fireman' s Well Site 275 feet of 72-inch high number 9 gauge chain link fence with 3 strands of barb wire 8 - Terminal posts 2z inch O.D. 1 - Drive gate 12 foot wide Total installed price $2, 170.00 Fence for By-Pass Well Site 114 feet of 72-inch high number 9 gauge chain link fence with 3 strands of barb wire 3 - Terminal posts 21 inch O.D. 2 - Gate posts 3 inch O. D. 1 - Drive Gate 16 foot wide Total installed price 1 , 209.00 Northwest Well Site 302 feet of 72-inch high number 9 gauge chain link fence with 3 strands of barb wire 5 - Terminal posts 22 inch O. D. 1 - Drive Gate 12 foot wide Total installed price 2, 227.00 and BE IT FURTHER RESOLVED, that an amount of $5, 606.00 is hereby appropriated from Utility Fund, Account #10120. 806 for this purpose. It was explained that this is needed to protect the wells from vanda- lism. We do have permission from the Highway Department to erect this fence at the Myers Well . The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill . Nay: None. On motion of Councilman Titus, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the Town Treasurer is hereby author- ized to invest money in Jefferson Savings and Loan Associa- tion of Leesburg and Washington and Lee Savings and Loan Association of Leesburg, with investments not to exceed the maximum insuring amounts. After explanation by Councilman Titus and after Mayor Hill said these Associations will have to go along with the Town' s requirements, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill . Nay: None. r MINUTES OF DECEMBER 10, 1975 MEETING. On motion of Councilman Newman, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made: $ 91 . 00 - General Fund Acct. #4020. 226 - Surety Bonds - Bond Treasurer. 398. 00 - General Fund Acct. #10120. 221 - Insurance - Fire - Pump House, etc. 29. 60 - General Fund Acct. #9010. 229 - Special Po- lice - Adding 6th Special Policeman. 10, 054.49 - General Fund Acct. #10110. 811 - Perry Engi- neering Co. , Inc. - Sidewalk on West Market Street. 1 , 820. 00 - Utility Fund Acct . #10120. 817 - Bengtson- DeBell, Inc. - Sanitary Sewer Master Plan. 5, 926.96 - Utility Fund Acct. #10120. 818-B - Sydnor Hydrodynamics, Inc. - Rehabilitate Wells. 1 , 000. 00 - General Fund Acct. #1010. 246 - Travel . After explanation by Mr. Devero, the resolution was unanimously a- dopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill. Nay: None. On motion of Councilman Titus, seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, Roger W. Fox has retired as an employee of the Street Department of the Town of Leesburg on November 17 , 1975, and WHEREAS, Mr. Fox is to be recognized for his seven years of continuous service with the Town of Leesburg, and WHEREAS, he has served faithfully in carrying out his duties as an employee, and at times as the Acting Super- intendent of the Street Department, and is to be highly commended for his honesty, sincerity and high regard for his sense of obligation toward his duties , NOW, THEREFORE, BE IT RESOLVED, that the Mayor, Members of the Town Council ead the Administrative Staff for the Town of Leesburg wish to express their sincere thanks to Mr. Fox for a job well done, and to wish for him a future filled with' happiness_and success. Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill . Nay: None. On motion of Councilman Bange, seconded by Councilman Newman, the following Ordinance was proposed: BE IT ORDAINED, that Sec. 13-111 . Establishment of park- ing meter zones ; time limits of the Town Code be amended to include paragraph (d) to read as follows : (d) Church Street, from north side of Loudoun County Jail to Cornwall Street, for one-half hour parking at any one time. An emergency exists and this Ordinance shall be enforced from its passage and shall not be published. 208 MINUTES OF DECEMBER 10, 1975 MEETING. Councilman Bange explained that the County had previously asked for this half-hour parking in this area in order to permit citizens to go to the Clerk' s Office to transact business. Mr. Devero explained that these meters can be bought at this time and they can be changed as to time of parking. Therefore, they could be used in another lo- cation when this one is no longer needed. Chief Kidwell requested that Council consider making this for one-hour parking - he felt that his men could better control it in this way. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill. Nay: None. On motion of Councilman Bange, seconded by Councilman Newman, the following resolution was proposed : BE IT RESOLVED, that the amount of $612. 00 is hereby appro- priated for the purchase of nine (9) new Rockwell parking meters. There was some question as to whether or not the Town was going to pay the entire cost of these meters, however, if they belong to the Town they can be moved at a later date to another location. The reso- lution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill . Nay: None. On motion of Councilman Bange, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the Town Manager is hereby authorized to have the Town Attorney prepare dedication documents to obtain the necessary land from Mr. George Babson to improve the traffic movement at the intersection of Market Street, Loudoun Street and Morven Park Road, and BE IT FURTHER RESOLVED, that the Town Manager is hereby au- thorized to engage the services of a surveying firm to pre- pare the necessary plats of the area to be dedicated. Mr. Devero reported that members of the Staff and he met with Mr. Babson and found him very cooperative. They thought they would be able to use the same data that the Highway Department had, but found they had noting accurate. This is the reason they are asking for a survey. Mr. Chaves said the Highway Department advised that the Town could possibly get the information it needs from the Department in Cul- peper or Richmond. The resolution was then unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill. Nay: None. Councilman Bange moved that a Council meeting be held on De- cember 17, 1975 immediately following the Finance and Administration Couuttittee meeting. However, this died for lack of a second. On motion of Councilman Bange, seconded by Councilman Newman, Council voted 4 to 1 , to go into executive session to discuss legal and possibly personnel matters at 11 : 08 P.M, as shown: Aye : Councilmen Bange, Chamblin, Newman and Mayor Hill . Nay: Councilman Titus. Council reconvened at 11 : 43 P.M. On motion of Councilman Chamblin, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that pursuant to Paragraph 20 of the Amend- ment of Lease Agreement dated 11 May 1966 between the Town of Leesburg, as Lessor, and Transamerican Airports , Inc. , as Lessee, assigneee of Chantilly Aviation, Inc. , the Town of UNK MINUTES OF DECEMBER 10, 1975 MEETING. 209 Leesburg, by its Council, hereby notifies Transamerican Airports, Inc. , that it is in default in the performance of certain covenants and agreements in the aforementioned lease agreement; and that, if such default is not remedied within fifteen (15) days after receipt of a copy of this resolution by Transamerican Airports, Inc . , the Town of Leesburg will exercise its rights under the aforementioned lease agreement to re-enter the premises and to declare the lease agreement and the tenancy created thereby terminated; and BE IT FURTHER RESOLVED, that the aforementioned default con- sists of the failure of Transamerican Airports, Inc. to: (a) make available all airport facilities and services to the public, as required in Paragraph 1 (a) of the lease agreement ; (b) carry and maintain the bond required in Paragraph 6 (c) of the lease agreement; (c) maintain the unicorn required in Paragraph 9 of the lease agreement ; (d) construct "T" Hangars, not only as required in Paragraph 11 (a) of the lease agreement, but also as required by resolutions passed 13 February 1974, 26 June 1974, 23 October 1974 and 12 February 1975; (e) make available the aircraft as required in Paragraph 11 (c) of the lease agreement; (f) engage in the purchase and sale of new and used air- craft and to make such aircraft available for rental or lease, as required in Paragraph 11 (d) of the lease agreement; (g) provide a certified and sworn copy of its Federal in- come tax return, as required in Paragraph 12 of the lease agreement; and (h) failure to keep buildings and appurtenances in good re- pair, as required in Paragraph 15 of the lease agree- ment ; and BE IT FURTHER RESOLVED, that a copy of this resolution be sent by the Town Manager to Lucien E. Rawls, President of Transamerican Airports , Inc. , by certified mail with return receipt requested. Councilman Chamblin said that he has heard it said that his law firm represents a person who may be interested in acquiring the lease of this property, namely, Bob Tullius of Group 44 Enterprises. His firm was informed yesterday that he has no intention either now or in the future of any interest in the airport lease. Therefore, he (Mr. Chamblin) will take part in the discussion and will vote on this resolution. Mr. Woodrow Turner, attorney for Mr. Rawls, voiced his request to discuss these problems and attempt to work out these matters. Mr. Sam Legard felt that this should be looked at from a posi- tive standpoint. It is a good field with a lot of possibilities . Primarily, the airport needs the services that have not been pro- vided in the past. His theory was "The more airplanes , the more service, the more pilots , the more use, the more need. " They need a lunch room. He felt that Mr. Rawls has had several chances, he has made promises, but there has been no action. The question is what do the pilots want and what do the people want? It has come to the final point now and the Town must make a decision one way or the other - either do something now or not. He felt that this is strictly for the good of the flying community. iv 11 MINUTES OF DECEMBER 10, 1975 MEETING. 210 Mr. Turner said that in talking with some of the employees at the Airport, it was said j'If Mr. Rawls could not make the Airport work, nobody could. " He did not feel that all the problems could be laid on Mr. Rawls. As to "either do something or not, " this is what they would like to do in a month and in a genteel manner that is advantageous to all parties. He again renewed his request for that opportunity. Mr. Rawls did not feel that Mr. Legard and other people have access to the problems that he and other airports have. He said there is as much drained off at the other end of the field as he takes in, except for aircraft sales , by unauthorized compe- tition. All Blue Ridge pays is $65. 00 a month and he puts in more management of their facility than they do. He did not feel that the Town could find a single airport in this part of the country that is not having the same problems . In spite of what is going on with Blue Ridge, he did $700,000 worth of business last year. He said he has invested ten times more money than anybody else has . Mr. Turner felt that these are the things that need to be aired. As to a person said to be interested in purchasing this airport lease, it is understood that he "would not touch it because of the difficulties." The Town has seen two unsuccessful operators - he did not think it wise for the Town to have a third fail. These are items to be dis- cussed. He again renewed his request to talk out these problems without a confrontation that it may entail otherwise. Mr. Ron Caglioni, who has been flying from Leesburg for the last couple of years , said he is not familiar with Mr. Rawls ' prob- lems, but he suggested that perhaps the Town should negotiate some- thing with him and take over the management of the Airport itself. He felt that Leesburg has untapped potential and he was amazed at the feeling of the Town. He said that, in the last two months, he has bought $1700 worth of fuel - possibly $500.00 in Leesburg. He had to go somewhere else for the remainder. He felt that there is certainly a profit in fuel. He suggested again that the Town oper- ate the airport itself. If Blue Ridge is draining off the profit. then that is the Town' s problem. Mr. Legard said the reason Blue Ridge is there is because they provided hangars, which Transamerican has not done - they did not implement the lease. Mr. Rawls said there is no profit in gasoline and cited figures to prove his point. Fundamentally, this is a high volume, low profit business. He felt that there are some very emotional ideas here and no basis in fact whatsoever. Mr. Caglioni disagreed with Mr. Rawls . He said he has flown some 21, 000 miles in the last 60 days and has seen a lot of operations. He cited other services offered by some of these air- ports . He still felt that there is a profit for the Town in this airport if the Town operates it itself. A roll call; vote on the resolution was 4 to 1 abstention, as shown: Aye: Councilmen Bange, Chamblin, Newman and Mayor Hill . Nay: None. Abstention: Councilman Titus . Mr. Turner said the Council will receive an appropriate response. On motion of Councilman Chamblin, seconded by Councilman Newman, Council voted unanimously to go into executive session at 12: 11 to discuss additional legal matters. Council reconvened at 12:45 A.M. On motion of Councilman Range, seconded by Councilman Newman, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, an offer by Leesburg Manor Associates in the amount of $70, 400. 00 in full payment for availability charges and connection fees for water and sewer for Leesburg Manor Apart- ments has been made to the Town of Leesburg, and WHEREAS, there appears to be a question whether or not Lees- burg Manor Associates was required to pay the then existing availability fees for water and sewer for Leesburg Manor Apartments, rather than the increased fees which were adopted by the Town Council on March 28, 1973, and MINUTES OF DECEMBER 10, 1975 MEETING. WHEREAS, in view of all the circumstances involved, it ap- pears that a compromise is the best solution in the public interest, NOW, THEREFORE, BE IT RESOLVED, that the Town Attorney is hereby authorized to accept the sum of $70,400. 00 from Samuel D. Engle, Jr. , representing Leesburg Manor Associ- - ates , in full payment for availability charges and con- nection fees for water and sewer for Leesburg Manor Apart- ments . III Aye: Councilmen Bange, Chamblin, Newman, Titus and Mayor Hill. Nay: None. On motion of Councilman Titus, seconded by Councilman Bange, the meeting was adjourned at 12 : 47 A.M. , December 11, 1975. i►' L #1 /t/s(�/1 /( Mayor Clerko he Council