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HomeMy Public PortalAbout1968_11_13'-2 r 4 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 13, 1968. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 12 W. Loudoun Street, Leesburg, Virginia, on November 13, 1968 at 7 :30 P.M. The meeting was called to order with a prayer by Mayor Rollins . Those present were : Mayor Kenneth B. Rollins, Council- men C . Maloy Fishback, 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. The Minutes of the meeting of October 23, 1968 were approved as written . Town Manager Ritter reported that plant mix has been placed in front of the Leesburg Plaza Shopping Center, in accordance with resolu- tion adopted at the last Council meeting, and Glen Construction Company has paid its share . Also, a. surface course has been placed over the grade crossing on Catoctin Circle, since he has found that W. & 0. D. Rail- road has no objections to our covering these crossings . It is hoped to get the one on Dry Mill Road and the one on King Street done tomorrow. This work is being done by Tri-County Asphalt Company. The Christmas lights will go up the first Monday after Thanksgiving. Some different colored bulbs have been ordered and it is hoped that these lights will give a better appearance this year with the different bulbs. The Sewer Easement from the Children' s Center has not yet been re- - ceived; Mr. Engle has not yet received the original back from those peo- ple who have to sign it. At the last Council meeting, the need for an Ordinance which would require a permit for any type of work within the right-of-way was dis- cussed. Mr. Forbes and Mr. Bozel have spent a great deal of time on the preparation of this Ordinance and it will be reviewed by the Utility Com- mittee at its next meeting. Ordinances have been received from Reed, Hoyt, Washburn & McCarthy on the $600,000 Bond Issue . Information needed on this Bond Issue will, go out tomorrow to the State Treasurer' s Office . The Assistant Treas- urer is a little concerned over our financial condition, specifically, the Utility Fund, since we went into the surplus funds last year. They are preparing a report for Moody Investor Service to obtain a rating for the Town. Last time we had an 'A" rating, but he is concerned this time, and he wants to be sure the Utility Fund will stand on its own feet . He feels that a letter to this extent would assist us in securing a better rating. A raise in water rates may be necessary in order to keep the Utility Fund on its own feet . Mr. Moody reported on the Sewer Projects, stating that Project S-II is moving along very nicely and should be completed before too long, how- ever, after completion, testing must be done before everything is finally completed. On Projects S-I and S-III, the contractor is still moving fairly slow, on S-I, due to the shortage of help, and on S-III, partially due to the rock encountered on the job, however, this should go more smoothly from here on out . Councilman Hill asked if Council is not supposaato have a law on the books in regard to Liquor by the Drink. Mayor Rollins said the Council will have to decide how much can be charged and whether mixed drinks will be sold on Sundays , however, he said this can be passed in one night. He said he believed some of the local businesses hoped to have this in operation by Christmas . Mr. Forbes read to Council the following statement from the Plan- ning Commission meeting held on November 7, 1968 : "It is the considered and.. unanimous opinion of the Leesburg Planning Commission that, in the interest of the Town of Lees- burg and' the community, the rezoning of Belmont Plantation should be favorably considered, so that I.B.M. Corporation can become a part of our growing industrial community. " v 25o MINUTES OF NOVEMBER 13, 1968 MEETING. This statement was discussed and considered by Council, with various members concurring in this opinion, although several agreed that they would like to see the agreements with I.B.M. before they would give their full approval to this matter. Mrs . Moody stated that the Tourism Committee and the Chamber of Commerce expect to go on record as being in favor of this rezoning, with the provision that the Manor House and 50 some odd acres is kept for historic purposes . On motion of Councilman Murray, seconded by Councilman Hill, Council unanimously voted that the recommendation of the Leesburg Planning Commission be referred to the Loudoun County Planning Commission for their information and considera- tion as deemed appropriate . Mayor Rollins asked Councilman Orr to have his Committee have a resolution prepared for next Council meeting regarding the revenue from liquor by the drink and Sunday sales . Town Attorney Martin explained that he is preparing a deed con- veying the western half of Clay Road to the Town of Leesburg from Mr. Chester Williams, this being necessary in order to carry out plans for the present Sewer Project . N N The question of water and sewer rates being on record in the Clerk' s CQ Office was raised and Mayor Rollins referred this to the Utility Com- o mittee . V Councilman Fishback reported that he and Mr. Ritter had studied the possibility of utilizing the properties located adjacent to the present Town Office for expansion of the Town Offices . He proposed that the up- stairs of #10 W. Loudoun be converted into one large room, to be used as a Council meeting room, with the downstairs of this building being used for the Town Manager and Treasurer' s Offices . It was estimated that changes in this building would cost in the neighborhood of $4, 000 if _done by contract, but perhaps some could be saved on this if a part of the work could be done by Town forces. He said the question is whether C`ouncil wants to do this or wait until they decide what they are going to do about the new building. Mr. Ritter said he had made further studies and there are several pieces of office furniture being used in the present building that could not be gotten into that property, in fact, the space on the first floor in the present building, plus the space in Mr . Forbes ' office, is 70 per greater than the space on the first floor at #10. He presented a sketch, which showed that there is 931 square feet next door and 1,575 square feet in the present office, or 644 greater than next door. It was then suggested by Mr. Fishback that perhaps all three buildings next door could be used, putting the Police Department in #8 and the Planning Department in #6 . This was discussed at length and it was brought out that this would separate Mr . Forbes and Mr. Ritter to an extent that they could not work together closely, as they need to do on many matters . It was then suggested by Councilman Hill that this whole matter be referred to Mr. Ritter and have him draw a plan, using the building next door and making any other suggestions for changes to in- crease space needed in the Town Offices . Councilman Fishback said he believes the old Ford Garage should be torn down and convert this into parking area. Mr. Ritter said that most of this work could probably be done by Town forces, but time is an ele- ment here . Also, he would have to get permission from Jesse Randolph to haul the debris to his dump. It was the general consensus of Council that Mr. Ritter work out something on this and make a recommendation. Mr. Ritter said he and Mr. Bozel had worked out an estimate on tearing down this building and conerting the space into parking area. This esti- mate included tearing down the building, putting in fill dirt and a storm drain for approximately $1, 100. Then there would be the added cost of a catch basin, stone base, asphalt prime and surface and 40 parking meters, making a total of about $19,000 to do this . He said there is a lot more to it than just tearing down the building and putting in parking meters . Councilman Fishback suggested that the material from the walls could be crushed and used for fill . 2 5iV MINUTES OF NOVEMBER 13, 1968 MEETING. Mayor Rollins asked Council how they feel about the disposal of the present sewage plant property, whether it should be listed with a real estate broker, or try to sell it by other means . It was suggested that the money from the sale of any Town property be kept in a separate account toward the new Town Office Building. Town Attorney Martin sug- gested that this property be appraised before it is listed with anybody. This matter was discussed and, on motion of Mayor Rollins, seconded by Councilman Murray, the following was proposed: BE IT RESOLVED by the Council for the Town of Leesburg, that L acres, more or less, owned by the Town of Leesburg on the south side of Catoctin Circle where the present Leesburg Sew- age Treatment Plant is located be listed with Mr. Lee Warner as broker, and he is hereby specifically instructed to place the property in multiple listing in order that all real estate brokers and salesmen may have an opportunity to sell the afore- mentioned property for the sum of $300,000, possession to be given approximately one year from this date. Councilman Orr moved to amend this motion to read "$320, 000. " This was seconded by Councilman Howard and the amendment was unanimously adopted. The motion, as amended, was then unanimously adopted. On motion of Councilman Orr, seconded by Councilman Howard, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $ 500.00 - Johnson and Williams - Field Surveys , including topography and the establishment of property bound- ary surveys, for design of sanitary sewer on Clay Road and Catoctin Circle . 1967 Bond Issue. 1, 087 .71 - Johnson and Williams - General Engineering coordi- nation and construction reviews , Contracts S-I, S-II and S-III. 1967 Bond Issue. On motion of Councilman Howard, seconded by Councilman Pumphrey, the following resolution was unanimously adopted: BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec . 11-2 of Chapter 11 "GARBAGE & TRASH" be rewritten as follows : Sec . 11-2. Disposal . It shall be unlawful for any person to dump, burn, destroy, . or otherwise dispose of any refuse anywhere in the Town, except in a lawfully established refuse dump or in a mechanical dis- posal device connected with the sewer, or an incinerator ap- proved by the Town of Leesburg Fire Marshal; and except the burn- ing of leaves and paper and associated by-products, provided all laws in connection with burning are complied with and provided no burning is done on street surface, and such material not so properly disposed of shall be placed in containers for collec- tion by the town, as described elsewhere in this Chapter. On motion of Councilman Fishback, duly seconded, the following reso- lution was unanimously adopted, after it was explained• that the Utility Committee had reviewed the agreement after it was redrawn: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the f011owirg Agreement, dated October 22, 1968, between Tuscarora, Inc . , John C . Wright and Gladys H. Wright, the Town of Leesburg and The Peoples National Bank be adopted: 2 521 MINUTES OF NOVEMBER 13, 1968 MEETING. THIS AGREEMENT made this 22nd day of October, 1968, between Tuscarora, Inc . , a Virginiacorporation, hereinafter referred to as the Developer, party of the first part; John C . Wright and Gladys H. Wright, his wife, hereinafter referred to as Owner, parties of the second part; the Town of Leesburg, in Virginia, a municipal corporation, hereinafter referred to as the Town, party of the third part; and The Peoples National Bank of Lees- burg, Leesburg, Virginia, hereinafter referred to as Escrow Agent, party of the fourth part. WHEREAS, the party of the first part is the owner and de- veloper of the proposed subdivision known as "Leesburg Country Club", on the lands of John C . Wright located on the westerly side of U. S. Route No. 15 and adjacent to the Southerly cor- porate limits of the Town of Leesburg, in Virginia; and, WHEREAS, the Town has agreed to furnish water to consumers in said Subdivision, provided Developer shall complete the con- struction of a 275, 000 gallon capacity steel standpipe and install an 8-inch cast iron water main from the standpipe and connect the Cq same with the Town' s water main and shall, within five (5) years `C4 from the date of this agreement, transfer unto the Town ownership CQ of its water main and standpipe together with the hereinafter de- scribed parcel of land whereon the standpipe is located, free of liens and encumbrances, the Developer being required, as evidence U of good faith, to deposit U. S. Treasury bonds aggregating the principal sum of $75, 000.00 with the Escrow Agent, the earned interest thereon and the proceeds of sale thereof to be disbursed as hereinafter authorized and directed. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of _the premises, and in further consideration of their mutual promises herein contained, the party of the first part and the party of the third part, hereby mutually covenant and agree as follows : 1 . Developer shall, at its own cost and expense, erect in said Subdivision on the 100 x 175-foot parcel of land designated "Standpipe on plat made by Payne Associates, Civil_ Engineers and Land Surveyors, Arlington, Virginia, dated November, 1967, a 275,000 gallon capacity standpipe . 2. Developer shall , at its own cost and expense, lay an 8-inch cast iron underground water main that shall connect with 8-inch water main located at Lot 18 designated on said plat, and which shall extend therefrom along and under dedicated streets and connect with the facilities at the standpipe as set forth in said plat. In the event of default of this obligation by the party of the first part, the parties of the first part and sec- ond part agree to grant unto the party of the third part fee simple title to an easement 15 feet wide in accordance with the proposed plat for the purpose of laying the above mentioned water main, to any area which has not prior to said default been pre- viously dedicated to said Town in accordance with the same plat. 3. The said installations shall be in accordance with exist- ing specifications of the Town, both as to materials and workman- ship. ' . I}. Developer shall complete the laying of the water main and the construction of the standpipe as herein provided and shall, within five (5) years from the date of this agreement, or upon de- velopment of a total of 157 lots, whichever shall first occur, transfer and convey unto the Town all its right, title and interest and estate in and to the water main, standpipe and the 100 x 175- foot parcel of land whereon the standpipe is located, free of all liens and encumbrances . 11258 MINUTES OF NOVEMBER 13, 1968 .MEETING. 5. In the event construction costs increase during the period of time prior to construction of said 8-inch pipe line and standpipe as provided herein, Developer will augment this agreement with additional U. S. Treasury Bonds in an amount de- termined by consulting engineers selected by Developer and Town of Leesburg, said determination shall be made at least once per year from the date of this agreement. 6 . Upon completion of the project, consisting of the laying of the water main and erection of the standpipe, Developer shall furnish to the Town satisfactory evidence that all costs of ma- terials , equipment and labor have been fully paid and satisfied. 7 . Developer, as of the date of the execution of this agree- ment, has deposited with the Escrow Agent U. S. Treasury Bonds aggregating the principal sum of $75,000.00 and said Escrow Agent is hereby authorized and directed as follows : (a) Pay to Developer any earned and collected interest accruing from said bonds . (b) Upon authorization in writing by Developer and the Town, the Escrow Agent shall sell such bonds as therein authorized and pay the proceeds of sale to Developer. (c ) Upon request in writing executed by the officers of the Town at any time subsequent to five (5) years from the date of this agreement, the Escrow Agent shall sell such bonds as may then be in its hands and pay the pro- ceeds of sale to the Town. 8 . The Escrow Agent shall receive for its services the sum of $150.00 to be paid from the proceeds of sale of the U. S. Treas- ury Bonds . IN WITNESS WHEREOF, Tuscarora, Inc . , a Virginia corporation, has caused this agreement to be executed in its corporate name by W. M. Crickenberger, its President, and its corporate seal to be hereunto affixed and attested by John R. Wright, its Secretary; John C . Wright and Gladys H. Wright, his wife, have each executed this agreement individually, and the Town of Leesburg, in Virginia, a municipal corporation, has caused this agreementto be executed in its corporate name by Kenneth Rollins, its Mayor, and its cor- porate seal to be hereunto affixed and attested by Dorothy B. Rosen, Clerk of the Council , said officers being thereunto duly author- ized, all as of the day, month and year first hereinbefore written. Tuscarora, Inc. a Virginia corporatic By President ( ( SEAL) ) Affixed and Attested: By Secretary (SEAL) John C . Wright ( SEA Gladys H. Wright The Town of Leesburg, in Virginia ll a municipal corporation By ( (SEAL) ) Mayor Affixed and Attested : By Clerk of Council 259 MINUTES OF NOVEMBER 13, 1968 MEETING. The Peoples National Bank of Leesburg, Leesburg, Virginia, designated in the foregoing and annexed agreement as "Escrow Agent" , has accepted from Tuscarora, Inc . , U. S. Treasury Bonds aggregating the principal sum of $75,000.00, and said Escrow Agent hereby agrees to hold and manage said escrow deposit, and disburse the earned and collected interest and the proceeds from the sale of said bonds as authorized and directed by the provi- sions of said agreement . Dated the day of October, 1968. The Peoples National Bank of Leesburg, Leesburg, Virginia By President ( (SEAL) ) Affixed and Attested : Cashier Y CQ Mr. Crickenberger said that all the wives had signed the Performance V► Bond as surety, and that the Trust Department of Peoples National Bank V had today approved the Escrow Agreement and they will sign it after the U Mayor has signed it. On 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 the following Agreement, dated October 22, 1968, between the Town of Leesburg, Winston M. Crickenberger and Julie M. Crickenberger and George M. Martin and Samuel D. Engle, Jr. , Escrow Agents, be adopted: THIS AGREEMENT, made this 22nd day of October, 1968, by and between the TOWN OF LEESBURG, VIRGINIA, a municipal corporation, party of the first part; WINSTON M. CRICKENBERGER and JULIE M. CRICKENBERGER, his wife, parties of the second part, and GEORGE M. MARTIN and SAMUEL D. ENGLE, JR. , parties of the third part, escrow agents W I T N E S S E_T H: THAT WHEREAS, the parties of the second part are surety on a certain performance bond dated October 22, 1968, of Tuscarora, Inc . , developer of Leesburg Country Club, Section One, and, WHEREAS, the party of the first part has requested additional security in the form of certain notes to be placed in escrow, one of which is to be secured by a deed of trust on certain real es- tate owned by the parties of the second part; and, WHEREAS, the parties of the second part have delivered unto the parties of the third part 7 notes, each in the amount of $4,500.00, secured by a first deed of trust on lots Nos . 26, 28, 29, 30, 31, 33 and 37 in Country Club Hills, Purcellville, Vir- ginia, said notes being payable to Winston M. Crickenberger and one note in the amount of 521 , 165.12, and, WHEREAS, the parties of the second part have executed a deed of trust on certain property owned by the parties of the second part to secure the above mentioned note in the sum of $133,000.00; and have delivered the said deed of trust to the Town of Lees- burg, Virginia, a municipal corporation. NOW, THEREFORE, IT IS AGREED by and between the parties here- to that the parties of the third part as escrow agents 'shall hand over and deliver all of the above mentioned notes to the party of the first part in the event that the terms of the abovementioned performance bond are not met; and, 260 MINUTES OF NOVEMBER 13, 1968 MEETING. In the event the terms of the abovementioned performance bond are met, the Town of Leesburg, Virginia, a municipal cor- poration, shall instruct the parties of the third part in writ- ing, to return the notes made payable to Winston M. Crickenberger to him; and to mark the note in the amount of $133,000. 00 paid and to further instruct the Trustees under the deed of trust to cause or be prepared a deed of release completely releasing the deed of trust and to cause it to be recorded among the Land Rec- ords of Loudoun County, Virginia and to return the note in the amount of $133, 000.00 to the parties of the second part. The cost involved in holding the notes in escrow and preparation of the deed of release and recording of deed of release are to be sustained by the parties of the second part . WITNESS the following signatures and seals . Town of Leesburg,• Virginia, a municipa: corporation By Mayor Attest : Recorder (SEAL; Winston M. Crickenberger (SEAL; Julie M. Crickenberger (SEAL; George M. Martin (SEA"Samuel D. Engle, Jr. It was explained that the deed of trust and notes referred to in this Agreement would be recorded in the Clerk' s Office . Mr. Crickenberger said he and Mr. Wright have talked with Mr. Forbes and the Committee of the Planning Commission regarding access to the proposed motel and they have plans on this . He said they have a haz- ardous condition on Route 15 at the entrance to the motel and golf course, and they believe this plan would serve their complex, the Catoctin School and the Baptist Church property. Mr . Wright said they had their engineer make two studies . They believe this would also serve the future County complex which is planned for some future date. Mr . Forbes said this is a matter where the Highway Department approved a set of plans without any access from Route 15 to Dry Mill Road. He said the Planning Commission could request the Highway Department to allow access somewhere in be- tween, but he does not know whether they will go along with this or not. A request to the Highway Department will be made after the Commission ap- proves one or the other of these two proposed plans . This will be taken up at the next Planning Commission meeting. Mayor Rollins asked what has happened regarding the easement for the sewer line to serve Country Club Estates, and which would go under the By-Pass . Mr . Ritter said this is in Richmond now. On motion of Mayor Rollins, seconded by Councilman Fishback, Coun- cil voted unanimously that the recommendation of the Planning Com- mission denying Mr. Parker' s request for trailers on Lots 24, 25, 26, 37 and 38 of Parker Subdivision be approved. Councilman Fishback asked about the possibility of connecting the two sections of Valley View Avenue where they now deadend at the W. & O.D. Railroad. Mr. Ritter said it would cost about $3,500 to put in pipe, 261 MINUTES OF NOVEMBER 13, 1968 MEETING. fill and base, however, a drainage pipe could be put in and just gravel it in order to establish a right-of-way at this location. He pointed out that there would have to be parking on one side only of Valley View in the town house area though, because of the increase in traffic when this is opened up. He said he believed that now is the time to estab- lish this right-of-way. It was the general consensus of Council that this be done . There being no further business, the meeting adjourned at 9:05 P.M. I �� � Mayor d_l% c_e-«C.�14444 /e Clerk of th Council vV Cd N Cb 0 U