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HomeMy Public PortalAbout1961_09_18 15 Minutes of the Regular Meeting of the Leesburg Town Council, 18 September 1961 Mayor Frank Raflo called the Leesburg Town Council Meeting to order at 7: 30 P .M. in the Council Chambers , Leesburg, Virginia. Councilmen present were , George J. Babson, Stanley F. Caulkins , Hunter M. Leach, Maurice R. Lowenbach and John W. Pumphrey . Absent from meeting was Councilman George P . Hammerly. - - The minutes of the previous meeting were read and approved with the II following correction: ( 1) delete from Court Litigation Resolution the words "more than a decade ." The Mayors Report was given. Included in this report were facts concerning the placement of the Town' s Insurance and the r.equest for additional instructions from the Ordnance and New Charter Committee . The Town Manager' s Report was given. Included in this were facts on Monroe Mayor streets ; request from: John t. Wright to serve 100 lots adjacent to Leesburg with water and' Sewerage facilities; inves- tigation of water supply; and the painting of water storage tank to CC start 25 September 1961. U Upon Motion of Councilman Leach; seconded by Councilman Pumphrey , ; and there being no objection to a roll call vote the following CC resolution was unaminously adopted . WHEREAS , the Town of Leesburg• acquired a tract of land near Watson, • in Broad Run Magisterial District , Loudoun County , Virginia, in order to operate a sanitary land fill thereon, and WHEREAS , application to operate such land fill was made to the Board of Zoning Appeals for the County of Loudoun, and WHEREAS , a permit to use such land for a sanitary land fill , and II WHEREAS , the opposition appealed the decision. to the Circuit Court for Loudoun County , and WHEREAS , the Circuit Court for Loudoun has referred the matter to a referee to determine whether the action of the said Board of Zoning Appeals was illegal , and WHEREAS , it appears that there will be certain costs involved in the prosecution of this matter and the Town Attorney wishes to be instructed as to his duties with regard to the appeal , and A WHEREAS , it appears to the Council that the tract of land is suitable for a sanitary land fill and will be required in the near future , BE IT THEREFORE . RESOLVED , that the Town Attorney be , and he is hereby • instructed , to prosecute the matter of the zoning permit in hearings before the referee and before the Circuit Court to the end that the grant of the Use Permit is sustained and that the sum of $750.00 be , and the same is hereby appropriated from the Unappropriated Surplus • • General Fund , and said -sum- shall be transferred by the Treasurer to • General Fund , 1. Administration, Special Legal Payments , to pay for the Town' s share of the costs, including a Court Reporter . Upon Motion of Councilman Babson; seconded by Councilman Pumphrey , and there being no objection to a roll call vote, the following report • from the Potters Field Committee was unaminously adopted .as the plan and policy of this Council.and that the Committee be discharged . REPORT OF THE SPECIAL COMMITTEE ESTABLISHED BY RESOLUTION OF COUNCIL 11 SEPTEMBER 1961 TO CONSIDER THE QUESTION OF THE SALE OF TEE POTTER' S FIELD. YOUR COMMITTEE FINDS AS FOLLOWS: l7 :the question of ownership of the potter' s field is not determined; the rights of the Town are not in doubt , but no evidence has been adduced that the County has any property rights whatever; any legal and binding determination can apparently be made only by mutual ag- , greement or disagreement , as ratified or arbitrated by a Court Order; 16 2) since nb plat. of the property is known to exist , your Committee is unable to determine the area of the field or the extent of reputed encroachments; 3) a demand for the use of a potter' s' field exists , primarily by County ':Welfare, to the extent of perhaps half a dozen burials per year ; -thiS demand will. probably increase rather than diminish;• 4) any removal of human remains is , most simply , authorized by the Court , and the cost of removal and re-burial by contract should be between $100 and $200 per unit ; the number of units has not been determined but several thousand dollars in costs are involved ; 5) since a potter' s field appears to be one of the very few desegregated burial places in the County , some new cemetary would probably be required for re-burial. YOUR COMMITTEE PROPOSES: a) that a suitable plat .of the property be prepared ; that the encroach- ments , if any , be defined ; and that appropriate action be taken either to recover the areas encroached upon or to secure just compensation therefor; b) that the area then remaining be probed to determine if it be ade- quate and suitable for continued use as a cemetary; c) that in the event that it is determined that the existing potter' s field. is not fit for further use , a new cemetary be opened , possibly on the Town' s property at Watson, and that the problem of mass re-burial then be fully explored ; . d) that any consideration of the sale of--the. present cemetary be post- poned until the above determinations shall have been made; and e) that the Town immediately assume the full responsibilities -of owner- ship by instructing the work force to carry on the proper maintenance of IIthe property until some permanent solution has been reached . /s/ Geo': J. Babson, Chairman Upon Motion of Councilman Lowenbach; seconded by Councilman Caulkins the following resolution was unaminously adopted . WHEREAS , it may be necessary in dealing with the problem of the Town' s ordinances to formulate an entirely new group in lieu of editing or resising the present ordinances , THEREFORE , BE IT RESOLVED that the committee on new Charter and Ordinances be further instructed to suggest an entirely new group of ordinances , if such is their recommendation after proper study . The Mayor announced the appointment of the following committees: 'a. New Charter and Ordinance Revision Committee: Maurice R. Lowenbach, Jr . George J. Babson b. Airport Committee II George P . Hammerly Stanley F. Caulkins c. Human Relations Committee George P . Hammerly John W. Pumphrey • d . Pending Litigations Committee - Hunter M. Leach George P . Hammerly 17 • e. Post Office Location Committee • Stanrey -F. Caulkins George P . Hammerly • f. Potters Field Committee • George J. Babson • • • • 'John U1. -Pumphrey - . „ . • Upon Motion of Mayor Hafloi seconded by Councilman Puunphr•ey and there being no further business to come before the Council the meeting,.ad•journed' at :8:40 P.M: . 2-7-1 "or/ cc - - . ear • _ .. • t' i • • . • •1 • • . • - .