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HomeMy Public PortalAbout1967_12_27 149 MINUTES OF REGULAR MEETING .OF LEESBURG -TOWN COUNCIL, DECEMBER 27, 1967. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 12 W. Loudoun Street, Leesburg, Virginia, on December 27, 1967 at 7:30 P.M. The meeting was called to order by the Mayor, with prayer by Councilman Murray. Those present were Mayor Kenneth B. Rollins, Councilman G. Dewey Hill, Frederick R. Howard , Walter F. Murray, Robert A. Orr and John W. Pumphrey; also Town Manager James W. Ritter , Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman C. Maloy Fishback. The Minutes of the meeting of December 13, 1967 were approved as written. . • I Town Manager Ritter reported the following: 1 (1) With regard to Item 1(a) on the Agenda - $2,750 for a tractor mower, invitations to bid were sent out and Whitmore & Arnold was the low bidder for the type tractor we need. He said this is the same type mower used by the State Highway Department and we are in need of this equipment. (2) Regarding Item 1(b) - 92,400 for a snow blower, this has been discussed at Street Committee meeting and prices were secured from two companies. He said this could be mounted on our Town-owned tractor and is operated by a gasoline N engine. It would pick up snow along the street and cast it into a truck which N would follow along and would probably speed up our operations over the present. CQ However, Mr. Ritter said he would not recommend it for two reasons, one, there is a certain amount of force that could do some damage to store windows or maybe ✓ hit a person and, two , this is a lot of money to tie up in one -item that is used for only a few months each year. (3) Re Item 1(f ) - $1,000 supplemental appropriation for snow removal, this is needed to purchase more, chemicals. (4) The Water Control Board has recently pointed out that we should take some sort of formal action on using the Federal Grant of $446,100 which has been allotted to the Town for sewage disposal facilities. They have a meeting in January and the staff would like to report just what we plan to do. Mr. Ritter pointed out that some action should be taken tonight to assure them that we plan I to use this money and give them some date in order to hold this money. (5) Due to several requests for a traffic light at the intersection of Route 7 and Catoctin Circle, the Highway Department has made a study over a 24-hour period. They have a minimum standard set up on traffic counts, whereby they have to have a minimum of 150 vehicles per hour during an 8-hour period to necessi- tate a traffic light. Their survey showed only two hours during the 24 that the number of vehicles exceeded 150, therefore, we feel that we do not need a light at this time. However, he pointed out that the time is approaching when one will be needed at this intersection. (6) The Town license sticker for 1968 has been under discussion and he passed around a sample sent from the Shelburne Advertising Company. However, he said he felt that the Confederate Soldier should be in red and he had dis- cussed this with the advertising company today and they said they could make the background white if we wanted it that way, but we should let the company know something pretty soon. Councilman Pumphrey asked if the trash in front of Mrs. Blanche Paul 's house on Route 7 had been cleaned up. Mayor Rollins also reported that he had received a complaint that N. King Street has not been cleaned up since the work on Route 15 was completed. • Discussion followed on the Town license sticker and Mr. Ritter pointed out I that the public would have to be told that there will be instructions on the back • of these stickers as to how to place them on the windshield. He also pointed out that there will be a 91.00 transfer fee for a new sticker when another car is purchased by any resident. The color for the sticker was discussed and it was decided to alternate between white and yellow as a background color, changing back and forth each year. It was also the general consensus of the Council that fire-t men should have a red sticker. \. Mayor Rollins stated that the Agreement for the purchase of the Leesburg Motors, Inc. property has been finally agreed upon between Mr. Martin, Town At- torney, and Mr. Nickels, Attorney for Leesburg Motors. He pointed out that the only easement is a 4) ' strip on the east side next to Dr. Jackson 's office; also 1.50 MINUTES OF DECEMBER 27, 1967 MEETING. that closing will be held on January 15th at the offices .of Martin and Riemen- schneider and that occupancy will be on May 1, or before if Leesburg Motors moves out before that time. On motion of Councilman Murray, seconded by Councilman Pumphrey, Council unanimously voted that the Mayor be authroized to execute the following contract for the purchase of the Leesburg Motors, Inc. property adjoin- ing the present Town-owned property : THIS AGREEMENT made this 27 day of December, 1967, by and between LEESBURG MOTORS, INC. , a Virginia corporation, hereinafter known as the "Seller", party of the first part; and THE TOWN OF LEESBURG, in Virginia, a municipal corporation, hereinafter known as the "Buyer", party of the second part. WITNESSETH That for and in consideration of the sum of ONE THOUSAND DOLLARS ($1,000.00) , and other good and valuable consideration, cash in hand paid to the party of the first part at and before the sealing and de- livery of this agreement , the receipt of which is hereby acknowledged, the said Leesburg Motors, Inc. , a Virginia corporation, party of the first part does hereby agree to sell and the said Town of Leesburg, in Virginia, a municipal corporation, party of the second part agrees to buy from the Seller all that certain tract , parcel or lot of land, together with all improvements thereon and rights and appurtenances thereunto be- longing, situate , lying and being on the South side of Market Street, in the Town of Leesburg, Loudoun County, Virginia, as shown on that certain plat of survey made by Robert K. Wilson, Certified Land Surveyor, dated August 23, 1956 , and being the same land which J. Wilfred Lambert and others conveyed to the Seller by deed dated November 13, 1964, of rec- ord in the Clerk 's Office of the Circuit Court of Loudoun County, Vir- ginia, in Deed Book 442, at Page 681 , to which said land reference is made for a more particular description of said land. The -terms and conditions of this agreement are as follows: 1. The agreed price of the hereinbefore described land is Sixty Thous- and Dollars ($60,000.00) , of which the sum of the above mentioned One Thousand Dollars ($1 ,000.00) is a part, and the sum of Fifty-nine Thousand Dollars ($59,000.00) being the remainder of the purchase price should be paid in cash to the Seller by the Buyer. at the clos- ing of this transaction. 2. The aforesaid will be conveyed subject to that certain right of way four and one-half (4) ) feet in width as set forth in deed from Lambert to Orr and Marshall dated January 2, 1920, of record in the Clerk's Office aforesaid in Deed Book 9 I 's, at Page 288 , and the covenant that no building shall be erected on said land within a dis- tance of four and one-half (4)4) feet of the western boundary of the property conveyed to Orr and Marshall. 3. The Seller shall convey the above property by deed of general war- ranty, with usual covenants of title , complete with Federal Revenue Stamps at the cost of the Seller. Examination of title, conveyancing, Notary fees, recording costs and all other charges are to be at the ex- pense of the Buyer. 4. Taxes, insurance and rents, if any, shall be prorated and adjusted as of the date of closing this transaction. 5. Title to said property shall be good of record , and free from all liens, defects, and encumbrances, except as to the aforesaid easement and restriction, or the sale will be declared off and the aforesaid. deposit of $1 ,000.00 returned to the Buyer. However, a reasonable time shall be allowed the Seller to correct any defect reported by the title examiner. Should the Buyer fail to comply with the terms and conditions of this agreement , the said deposit shall be forfeited to the Seller as and for liquidated damages. 6. Closing of this transaction and settlement shall be made at the of- fice of Martin and Riemenschneider in Leesburg, Virginia, on January 15, 1968. 151 MINUTES OF DECEMBER 27, 1967 MEETING. 7. The Seller reserves unto itself and shall have free occupancy and use of said property up until May 1, 1968, when possession shall thereupon be delivered to the Buyers. In the event the Seller va- cates the premises prior to May 1 , 1968, then upon such vacating the Buyer shall have immediate possession. This agreement is executed in duplicate, one copy to be held by the Seller and the other copy by the Buyer. IN WITNESS WHEREOF, Leesburg Motors, Inc . , a Virginia corporation, has caused the foregoing and annexed agreement to be signed and ac- knowledged in its corporate name bi Edwin F. Hoeltzel , its President and its corporate seal to be hereto affixed and attested by Grace M. Hoeltzel, its Secretary, and likewise The Town of Leesburg, in Vir- ginia, a municipal corporation, has caused the same to be signed and acknowledged in its corporate name by Kenneth B. Rollins , its Mayor, and its corporate seal to be hereto affixed and attested by Dorothy B. Rosen, Clerk of the Council , all of said officers being thereunto duly authorized to act. N LEESBURG MOTORS, INC. C4 N C� BY President V (SEAL) Affixed and Attested : By Secretary THE TOWN OF LEESBURG, IN VIRGINIA By Mayor (SEAL) Affixed and Attested : Clerk of the Council Mayor Rollins pointed out that the $1 ,000 deposit shall come out of the Public Improvement Fund and should be made out to William W. Nickels, Attorney for Leesburg Motors, Inc. Mayor Rollins said that , since the Board of Supervisors could not get to- gether on the meeting date of December 21st , a new date would have to be set for this joint meeting on the sewage treatment facilities. It was decided that Council could meet on January 4th at 7:30 P.M. Also, Mayor Rollins said that he would like a decision made as to whether the Town will join with the County in going to the Dulles Interceptor Sewer or build its own plant at the first meeting in January and that , if there is no objection, he will have Mr. Ritter inform the Water Control Board that we do intend to use this Federal Grant and that we intend to put out bids for either one or the other in the month of Janu- ary. Mayor Rollins also said that, with regard to the Police problems to be dis- cussed, when the committees were appointed , it was his intent to give jurisdic- tion to the proper committee and then have the committee recommend to the Council. Upon motion of Councilman Orr , seconded by Councilman Howard , the following appropriation was unanimously made : $2,750.00 to buy tractor mower. Low bid-Whitmore & Arnold: General Fund-Capital Outlay. On motion of Councilman Orr , seconded by Councilman Howard, the following appropriation was placed on the floor for discussion: $2,400.00 - to buy snow blower to mount on Town-owned tractor. After discussion, this motion was defeated by a roll call vote of 5 against and one pass, that being Councilman Hill. 152 , MINUTES OF DECEMBER 27, 1967 MEETING. On motion of Councilman Orr , seconded by Councilman Howard, the following appropriation was unanimously made : $ 553.13 - William B. Dew, for design work on Town Office Building. General Fund-Capital Outlay. On motion of Councilman Orr , seconded by Councilman Pumphrey, the following appropriation was unanimously made : $ 200.00 - Walter Phillips, for design of storm sewer across Semones and Durfey property. General Fund-Capital ' Outlay-Engineering. On motion of Councilman Orr , seconded by Councilman Pumphrey, the follow- ing appropriation was unanimously made : $ 330.65 - Supplemental appropriation for audit. Yount , Hyde & Co. - $1 ,500 appropriated - Invoice $1,830.65. On motion of Councilman Orr , seconded by Cduncilman Pumphrey, the following appropriation was unanimously made : $1,000.00 - Supplemental appropriation for snow removal. $2,000 appropriated - $1 ,749 spent. Discussion followed regarding the need for an extra policeman at this time. Councilman Orr , Chairman of the Laws & Administration and Finance Committees, pointed out the fact that some of the local merchants have requested that there be two men on duty on the night shift, and this would entail the hiring of at least one more man. He said that we have six policemen at the present time, with a population of approximately 5,300, and that national statistics call for one policeman for every 1 ,000 people , so we are up to national standards. He said this matter has been discussed with Chief Kirk and that , if the schedule is changed- to place two men on duty at night , this would then leave only one man on duty at all times during the day shifts and this is not enough to cover the many tasks to be taken care of during normal -working hours. He said the Com- mittee felt that it would be appropriate to hire another policeman at this time, however, they did not wish to present a resolution to this effect until this matter had been discussed by all Council members. Chief Kirk explained to Council the present schedule and pointed out that if one of these six men is sick or on annual leave , the entire schedule changes. He said that , in order to have two men on all shifts, it would be necessary to hire two more policemen. Councilman Hill asked several questions of Chief Kirk, these dealing with comparison of our Department to the 'Sheriff 's Department. Councilman Murray asked if our undetected crime rate is any worse than in other places, to which Chief Kirk replied "No. ". The merits of the alarm system used by some business establishments was also discussed and Chief Kirk said he believed it would have some value, but it did not have much effect in the case of the recent break-in at the Purcellville National Bank. After further discussion, it was the general consensus that no extra policeman would be hired at this time , but that this would certainly be taken into consideration when the Budget is made up for the next fiscal year. Two proposed Dog Ordinances were discussed at this time and it was pointed out by Mr. Ritter that one would control vicious and diseased dogs, the 'other would prohibit the running at large of any and all dogs. Councilman Orr said he believed Council had been long enough in doing something about this problem and that, due to the fact that the public has come forward with petitions and ap- peals regarding this situation, he thinks some definite action should be taken by Council. This matter was discussed and it was the general consensus of the members that the ordinance controlling vicious and diseased dogs be placed on the Agenda for the next meeting. A sketch of the outside of the proposed new Town Office Building was pre- sented on behalf of Mr. Dew by'Mr. Ritter, this dealing with the placing of the building on the lot and the proposed alleyway beside the building on the east side. This was discussed and no action taken, Council members wishing to hear Mr. Fishback 's ideas on this subject before taking any action. 15:3 MINUTES OF DECEMBER 27, 1967 MEETING. On motion of Councilman Murray, seconded by Councilman Hill, the following resolution was unanimously adopted : WHEREAS, the term of office of William F. Webb , Jr. as a member of the Leesburg Planning Commission will expire on December 31 , 1967, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, that William F . Webb , Jr. , a duly qualified freeholder in the Town of Leesburg, Virginia, be and the same is hereby appointed to serve as a member of the Leesburg Planning Commission for a term I of four years, beginning on January 1, 1968 and ending on December 31, 1971. On motion of Councilman Pumphrey, seconded by Councilman Murray, the follow- ing resolution was unanimously adopted : WHEREAS, the term of office of Hunter M. Leach as a member of the Lees- burg Planning Commission will expire on December 31, 1967, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, C4 Virginia, that_ Hunter M. Leach, a duly qualified freeholder in the Town N of Leesburg, Virginia, be and the same is hereby appointed to serve as N a member of the Leesburg Planning Commission for a term of four years, O beginning on January 1, 1968 and ending on December 31 , 1971. U U On motion of Mayor Rollins , seconded by Councilman Pumphrey, the following resolution was unanimously adopted: WHEREAS, the Town of Leesburg has been notified by an Order from the Circuit Court that J. Lawrence Muse has been appointed to the Board of Zoning Appeals for the term January 1, 1968 to December 31, 1972, NOW,. THEREFORE, BE IT RESOLVED by the Town Council of the Town of Lees- burg, that this Order has been received and the Clerk is directed to attach said Order to the minutes of this meeting, and I BE IT FURTHER RESOLVED, that Lawrence Muse be so notified of the ap- pointment. On motion of Councilman Murray, and there being no further business, the meeting was adjourned at 8 :55 P.M. 64"."--e":"- - /g al ALMayor Clerk of they Council I • • d VIRGINIA IN THE"CIRCUIT COURT;FOR LOUDOUN COUNTY :> APPOINTMENT OF 'A MEMBER OF i , TOWN.OF LEESBURG BOARD i OF ,ZONING APPEALS J.'. LAWREHCB'MUSE O ,R D fi'R ' .:The='Courts on petition of the Town of Leesburg, .doth appointed the J' 'following named free holder to the Board of Zoning Appeals for the Town `r"t ' rof feesburgfor the following tam: i • 'r 9 iw µr t`-. r •. •J. Lawrence:Muse toserve:from January '1,'1968-to December•31,. '1972 , . .,- r[ December.,• 22 • !. fA T �• �''4 _. -r ' ENTER: - , 1967; - -' r " ' '� .iS . c 1 • 7 77••1 t ;( 'Rayner V. Snead: ! i i Judge r. A • • A Co. -Test' T p I' I