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HomeMy Public PortalAbout1965_12_22.178 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 22, 1965. A regular meeting of the Leesburg Town Council was held in the Council Cham- . bers, Leesburg, Virginia on December 22, 1965 , the meeting being called to order ' with a prayer by the Mayor. Those present were: Councilmen C. A. English Cole, • C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Walter F. Murray and John W. Pum- • phrey; also present were Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman Robert A. Orr. The minutes of the meeting of December 8, 1965 were approved as written. Town Manager Ritter reported on several items, as follows: He talked with Mr. Tom Scully, one of the owners of the A & P lot, on Saturday regarding the drainage easement across this property. As considera- tion for this easement , the Town had agreed to put in a catch basin and pipe, which would cost the Town about $400.00. In the meantime, 14r. Scully has been negotiating with Tri-County to resurface the whole lot , which would help the drainage problem far more than the catch basin, and he would like the Town to give him a credit of $400.00 toward the resurfacing of this lot. Mr. Ritter pointed out that action should be taken on this very quickly in order to attempt to get this resurfacing done before bad weather prevents it being done. Mr. Ritter also said that he had talked with Mr. Berkeley at Sydnor Pump and Well Company today and that Mr. Berkeley was working on the report on the Phillips- Nickels Well and the report should be received in about a week. Mr.' Ritter said he had talked with Mr. Clayton of the FAA and that Mr. Clay- ton said it would be about 6 weeks before the final check on the Airport Grant would be issued ; but that all bills would have to be paid before the check is sent to the Town. Mr. Ritter said that he had written the Attorney for the Children 's Center asking that they submit one plat 18" x 24" to accompany the sewer easement to be recorded, this has not come in yet. The new Police car will be a Ford , delivery to be 30 to 60 days from De- cember 7th, and the cost will be 61,707.99, less than at first believed. Mr. Ritter also talked with Mr. Scully on Saturday about the drainage situation in the basement of A & P and Drug Fair. He said he believed they are getting closer to solving this problem and hopes to have something on it by the next meeting. Johnson and Williams has completed their study on Projected Expenses and Re- quired Income with regard to the $900,000 Bond Issue and it has been mailed to Mr. Gordon Bennett. Mr. Ritter said he had a copy of it and it would be dis- cussed at the next Finance Committee meeting. He reported that the A & P Storm Drainage Project is about 90 per cent com- plete, with small pipe yet to be laid from Church Street to King Street and a short length of larger pipe across Babson 's lane to pick up the drainage on the west side of the street. There was nothing shown on the plans to take care of this drainage and it was decided that it would be best to let the contractor do this job at the same time as the other is being done , which would cost approxi- mately $1 ,150.00, including the price of the structure. He stated that the con- tractor had run into solid rock for the first time on the job today and it will have to be blasted out tomorrow. All ditches will be closed and the streets cleaned up for Christmas. Mr. Ritter reported that he had discussed with Johnson and Williams their report on Sites "A" and "B" for the sewer plant location. Their report is finished and should be in the mail tomorrow. Mr. Ritter said that, briefly, the report states that Site "B" would cost approximately $84,000 more, plus engineering and contingencies, due to the rock grading and drainage work that would have to be done. Actually, there is just a few thousand dollars differ- ence in the cost of the two sites, taking into consideration the fact that there would be the extra cost of the land for Site "B" and the extra cost of rock exca- vaction for the treatment plant if located on this Site "B". The water study from Johnson and Williams has been prepared in a rough draft • form. The only thing Mr. Williams lacks is certain information on Big Springs. I7is • MINUTES OF DECEMBER 22, 1965 MEETING. • It would be necessary for the Town to provide three things with regard to thi, spring: (1) A legal opinion as to whether we could use this spring; (2) the: State Health Dept. will not pass it as it is, the drainage field from the Corley School would have to be put on the other side of the hill and the Corley Schar;3 does not seem agreeable to doing this; and (3) a chemical analysis over a 6-month period will have to be conducted , this to be done at a nominal cost to the Town. Mr. Ritter asked Council to take some action with regard to this, in order that he might know whether to go ahead with the chemical analyses and whether to inform Johnson and Williams to continue with their study. Mr. Ritter presented. to Council his study of the feasibility of the Town maintaining its own streets, pointing out certain figures on his report, and emphasizing that, if the Town decides to maintain its own streets, which it will have to do after 1970 anyway, there will be approximately $71,000 to spend on rebuilding' streets, sidewalks, etc. in the meantime, which the Town would not otherwise have. • Mr. Ritter also reported that he had been •in contact with the State Water Control Board regarding the advertising for bids on the sewage plant work and the obtaining of Federal funds to accomplish same. He explained that any work UO done prior to the granting of Federal funds (the Town expecting to advertise fl . for bids and award the contract in March and Federal grants being made in June) C is not eligible for a Federal grant, but any work done after the grant is made Pen will be eligible for same. He said he thought we would be in a better position to receive Federal money if work had been started on this project. • After discussion regarding the Big Spring study by Johnson and Williams, it was the general consensus of Council that Mr. Ritter go ahead with the chemical analyses. • Councilman Fishback explained to Council that if the large pipe across Mr. Babson 's lane is not put in, the water will flow around back of the houses on North Street just the same as it has been doing. After discussion, and with no objection, the Mayor asked that the Town Manager give the contractor the go- ' ahead on this project. The drainage situation on the A P lot was discussed. Upon motion of Council- man Murray, seconded by Councilman Fishback, Council voted unanimously that Thomas Scully be paid $400.00, to be used on the resurfacing of the A & P Parking Lot, which shall be in lieu of the storm drainage pipe that the Town originally agreed to construct for his benefit. Mr. Ritter was asked to draw up a release in con- nection with giving Mr. Scully this $400.00. • Mayor .Rollins asked all Council members to thoroughly study Mr. Ritter 's report on the feasibility of the Town maintaining its own streets. Councilman Cole asked what progress has been made on the storm sewer smoke bomb tests. sir. Ritter replied that he has a price on a pump and this will be brought up at the next Committee meeting. Mayor Rollins submitted the name of Mr. Paul McDonald to fill the vacancy on the Planning Commission, Mrs. George B. Reynold 's term expiring December. 31, 1965. Mayor Rollins gave a brief resume of Mr. McDonald 's qualifications for this position. This motioh was seconded by Councilman Murray, with Councilman Pumphrey moving that nominations be closed , seconded by Councilman Cole. Mr. McDonald was present and said a few words to Council , expressing his desire to serve the community in which he lives. Upon motion, duly seconded, the follow- ing resolution was unanimously adopted : WHEREAS, the -term of Mrs. George B. Reynolds as a member of the Lees- burg Planning Commission will expire on December 31, 1965, and in ac cordance with the provisions of Chapter 11 , Article 3, Section 15.1-437 of the Code of Virginia, appointments or reappointments shall be made by the Governing Body, NOW, THEREFORE, BE IT RESOLVED, that Paul McDonald be appointed to fill this vacancy as of January 1 , 1966, for a four-year term, expiring De- cember 31 , 1969. • 3 : 180 MINUTES OF DECEMBER 22, 1965 MEETING. Upon motion of Councilman Cole, seconded by Councilman Murray, the follow- % ing resolution was placed on the floor for discussion : BE IT RESOLVED by the Town Council of the Town of Leesburg, that an cti appropriation be made from the Airport Fund to pay the following: (a) $ 31.50 to George Martin, in accordance with his invoice of December 7, 1965 for Court costs in filing Murray. Condemnation Case. (b) 1,000.00 to C & P Telephone Co. as part payment on their in- voice in the amount of $1,464.15. Councilman Lowenbach said that there is an item of some $4,000.00 left off of the report on the Airport Account , which money should have been put into the Airport Fund , rather than the General. Fund, this money being from the sale of and interest on the old Airport land. He said that, with this money in the Air- - port Account, there would be enough money to pay all outstanding bills, without having to defer any of them. After discussion of this matter, upon, motion of Councilman Murray, seconded by -Councilman Fishback, Council voted by unanimous roll call vote that Items. 2 and 3 on the Agenda be tabled until the next meet- ing, and that a full report of receipts and disbursements of Airport Funds be rendered, and that the Town Treasurer consult with the Town Attorney to insure that this report is complete. Councilman Murray remarked that he wished to be on record that he is a firm supporter of the Leesburg Airport and he thinks that the Airport Commission should have a wide latitude in the spending of the moneys thrived therefrom. Other funds to be spent should be weighed along with the other problems at the time. He believes that the Council should see some of the requirements before contracts are let on the various projects. Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that an offer in the amount of $55,500.00 be made for the Celia Dunn Estate, and that $1,000.00 be appropriated as a deposit , in accordance with the attached offer. Upon motion of Councilman Fishback, seconded by Councilman Lowenbach, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that an appropriation be made from the General Fund to pay the $29,000.00 note and $580.96 interest due the Loudoun National Bank on December , 17, 1965. Upon motion of Mayor Rollins, seconded by Councilman Pumphrey, the follow- ing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Attorney be, and he is .hereby, authorized to file a suit for De- claratory Judgment in the Circuit Court for Loudoun County, Virginia on behalf of the Town of Leesburg, in order to determine the ownership . and area of the Potters Field located on the eastern end of the Town of Leesburg, Virginia. Town Attorney George Martin said that an appropriation is needed to pay Walter L. Phillips for an appraisal on the John Wallace storm drainage easement. Mr. Ritter was instructed to discuss this matter with Mr. Phillips, it being the feeling of Council that no charge should be made by Mr. Phillips for this appraisal. Councilman Fishback wished to go on record that he is not against any part of the Airport, stating that he has heard the Council call down. the Town Manager for spending money that has not been authorized, yet the Council lets money be ? spent by others without prior authorization. We don 't know what we are getting - ,into until the final bill is submitted. He said he did not think any branch of .181. MINUTES C .DECiBER 22, 1965 MEETING . this Government should spend money until it has been authorized by the Council. Be is not against the Airport in any way, shape or form. - Councilman Lowenbach said he was not against the second paragraph of the proposed Item 3 on the Agenda, but this matter is to be discussed .at a later date.. Upon motion of Councilman Murray, seconded by Councilman Pumphrey, the meeting was adjourned at 8 :55 P.M. 111 Mayor Clerk ofne Council • • • C L • 0 V - • • • • • • a ri!l i OFFER , u:ade :hi ; •day of • 19c55, by and hatween the TOyD•V CF L:ESAIThT,, State:" of Virginia, a meni_cii al corporation, =-arty of than P1rst Part and MILTON DUNN, individually and as Tru.stNa under the Will of CELIA DUNN, HELEN D. WEINSTEIN, individjaily and as Trustee under the ai l l of CEL LI OWN, t4AY2R D. WEINSTEIN, her bushel& individually ?rd as Trustee under the wi is of CELIA DUNN, SINN Z. ^r":N end IS1'a' ,•1 Oterg, Porti.os of .the Second Part, hereafter called the ^Sellers„. W I T N E c SET The 'arty of the Firs? Part hereby offers to purchase from the •Parties of the Second Part that certain tract or parcel of land lying cr. th.> Norr.t• Side of Loudoun Street in the Town of Leesburg, County of Lnuioun, State of Virginia, adjoining the lands of the Town of Leesburg or. the West; the lands, fonc.rly flamed b/ Feldman on the East and lands of Ritchie tin the North end mote particularly shown or plat of •aurtey of DeLashabtt Associates, dated June 1565, attars.rd hereto tnd made a part .bereof by reiN!enre and bc,irg the land devised "y the Will of the tate Cr.!La Gunn , recorded in Will An•fl 4 E,• Page 430, in the Cler'k's Office fc•r said .".on,nty , by C:a•:ses 8, 11, and 14 the residuary cterse thereat , and being the land sc:quir.ed by Celia Dunn from hecrett Crcwar, Sua .i:. l I Commissioner, by dead dated March 37, 1939, recorded in Deed Book. 11 0, Page 96 and described by r'etes and Amirds as follows: Beginning at a point in the north right • - - of way line of W. Londoun Street, paid • point being the southeast corner of the Celia Dunn Estate and the southwest corner of the Soloman Feldman property; thence running with the north right-sof-any • • line of W. Laudoun Street N 63n 281 50"" W - • 77.08 feet to a point, said point being the southwest corner of the Dunn Estate and the southeast corner of the Tout of • Leesburg property, thence departing from F the north right-of-way line of W. Loudoun • / • • • • • -2- • Street and .running along the line common to the Dunn Estate and the Town of • Leesburg N 260 53' CO' E - 208.89 foot to another corner comcor to the Dunn • • • Estate and the Town of Leesburg, said • point also being in the south line of • the Charles D. Ritchie property; thence running with a portion of. the south line of Ritchie S 630 29' 40" E - 73.28 • - • feet to a point, said point being a corner Ammon to- the herein described parceland another parcel of the Celia • Dunn Estate, as same appears duly re- corded in Cued Book JOB at Page 107 of - the land records of Loudoun County, • • - • Virginia; thence running With the went • • line of the cella Dunn Estate, as Sane appears duly reourdod in Deed Book • 108 at Page 107 among the aforemtontioned • Land Records and the west line of the SoloMan Feldman property S 250 50' 30fl • • • W - 208.92 feet to the point of begin- ping. Containing 15,705 square feet •+� or 0.36034 ocroo of lona. • , !?- The terczi and oonditiona of thin offer ares (1) The total price therefor shall be Fifty give Thousand and Five Hundred Dollars ($53,300.00) each at the ties of cloning, of which a deposit' of One thousand • Dollars ($1 ,000.00) is herewith tendered and shall be credited on the purchase price. - Said deposit ehall be held by .the attorneys for sellers. • (2) The title will he good of record and in fact, free and - clear of all liens, encumbrances and de- fects; -incleding U. S. inheritance and State of Virginia • estate taxes due on the estate] of Celia Dunn and the title • shall be insurable Without exception, by a recognized title - inoura,r'e company. • • (3) The land will be conveyed by a general ' ' warranty deed with the usual English covenants of title and the sellers shall pay for Federal Revenue. Stange on tho (4) - All texas, rents and other income, or charges • , ..� are to be pro-rated at the tire of closing. • • (5) This offer must be accepted within thirty • • IcE .• ♦ Y .•. Y}0744.9q C. P+,IiA A.CR.01m:pn!•4 Sir,•• i.Cy- • . .CI • -3- ' (30) days from the date hereof and if not accepted by that .s • " date this cffer shall be null and void. Within sixty (60) days from the atceptan^e hereof by sellers, the said parties • hereto ate required and agree to make full settlement in accordance with the terms hereof. Settlement is to be rade at the office of George M. Martin, Attorney at Law, Harrison Building, Leesburg, Virginia. • (6) The risk of loss or damage to said .property by fire or• other, casualty until the deed of conveyarce is - recorded in assumed by the sellers. • (7) This contract when ratified by the seller. • • contains the final and entire P;reement between the parties hereto end they shall not be bound by any terms, conditions, statements, or, representations not herein contained. TOUN OF IEESBUR!G, A MUNICIPAL CORPORATION By: • Mayor • •We, the undersigned, hereby ratify, accept and agree ' to the memorandum of sale and acknowledge it to be our contre0t. Accepted this day of • • , 1966 Milton Dunn, individually and as Trustee Accepted this day of , 1966 • Helen b. Wei.nstein, individually and as Trustee • Accepted this day of • • , 1966 Mayer D. Weinstein, inividually • and as Trustee ' Accented this day of , 1966 • • • • Simon 2. Dunn • Acceptc,d this day of • • • • , 1966 • Isidore Dunn • - - .a • . •N P•0 ,.'O.; .A OSA . A. tit . .A Ane •