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HomeMy Public PortalAbout1965_02_15 7.4 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 15, 1965. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia, on February 15, 1965. The meeting was called to order with a prayer by Mayor Pro-Tem Robert A. Orr , who conducted the meeting. Others present were Councilmen C. Grey Dodd, C. Maloy Fishback, Maurice R. Lowen- bach, Jr. , John W. Pumphrey and Mayor Kenneth B. Rollins. Also present were Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman C. A. English Cole. The Minutes of the regular meeting of February 1, 1964 were approved with general consent. Town Manager Ritter stated that he thought some action should be taken by the Council to try to eradicate rabid foxes from the community. Mayor Rollins asked Mr. Ritter if he had any suggestions, and he recommended that Council ask the owners of pets to keep them penned up until further notice. Council, after discussion, went on record as being willing to go along with any reasonable program decided upon by the Board of Supervisors. Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, the 0 ' following resolution was placed on the floor for discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the resolution passed by the Town Council on January• 27, 1965 authorizing Johnson and Williams to proceed with plans and specifications on cer- tain sewage facilities be repealed, and that Johnson and Williams be authorized to proceed with plans and specifications on the following, which represents Stage 1 of the Sewage Facilities Program of the Town of Leesburg: (1) Double the capacity of the present Sewage Treatment Plant. (2) Construction of an Interceptor Sewer Line from the existing Sewage Treatment, Plant to Dry Mill Road. AND BE IT FURTHER RESOLVED, that Stage 2 of the Sewage Construction Program be constructed in the year 1968, this stage being the con- struction of a Holding Pond, and the installation of an Outfall Line from the present plant to the proposed Holding Pond. Mayor Rollins gave a report on the background of this resolution, stating that he had gone to the Water Control Board in Richmond and presented to them what the Town proposes to do, as this resolution states. The Water Control Board assured him that. they would approve this schedule. Since that time, the engineers have been informed that the Water Control Board would approve this and Mayor Rollins requested Mr. Ritter to send this resolution, together with a schedule of what we plan to do now and in 1968 to the Bureau of Sanitary En- gineering and to the Water Control Board. He stated that this would mean a savings of approximately 8300,000 or more in this bond issue. After discussion, a roll call vote was taken on this resolution and it was passed by a vote of 5 to 1, with Councilman Lowenbach casting a dissenting vote. Mayor Rollins stated that , as soon as the figures become available, he could see no reason why the date for the referendum could not be set up by Town Attorney Martin and Mr. Ritter without any further action of the Council. Council concurred in this. Upon motion of Councilman Lowenbach, seconded by Mayor Rollins, the follow- ing resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that No Parking be enforced on the north side of South Street, between Par- ker Trailer Court and Harrison Street. Upon motion of Councilman Pumphrey, seconded by Mayor Rollins, the fol- ` lowing resolution was placed on the floor for discussion: BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, that the plat showing resubdivision of part of the property of Sidney Z. Mensh and Co. , Inc. and Lot 1, Section 1, Leesburg Estates Subdivi- sion, as drawn and certified by B. Calvin Burns, dated January 27, 1965, be and the same is hereby approved in accordance with the pro- visions of Section V of the Leesburg Subdivision Ordinance. 75 MINUTES OF FEBRUARY 15, 1965 'MEETING. BE IT FURTHER RESOLVED by the Council for the Town of Leesburg, Virginia, that the Chairman of the Leesburg Planning Commission be and he is hereby authorized and directed to authenticate by his signature the said plat in the appropriate approval space for purposes of recordation. Mr. James Whytock, attorney from Springfield who represented Sidney Z. Mensh and Co. , Inc. , addressed Council with regard to this resolution and presented a re- subdivision plat , explaining why this resubdivision was being asked for, stating that a house in Leesburg Estates Subdivision had been built over the building restriction lines. Mr. Forbes of the Planning Commission explained that this is merely for recordation purposes, to put the house that is already built within its proper lines. A vote was then taken on the above resolution and it was unanimously adopted. ? The following resolution was adopted by Council, with each item to be in- cluded in this resolution being voted on individually: ; BE IT RESOLVED, by the Town Council of the Town of Leesburg, Vir- ginia, that funds shall be secured by sale of bonds in order to fi- nance the following projects, and in the following amounts: 00 Upon motion of Mayor Rollins, seconded by Councilman Fishback, Council pvoted unanimously to include $320,000 for Storm Drainage in this bond issue. V Upon motion of Mayor Rollins, seconded by Councilman Orr, an amount of 530,000.00 to be included for the purchase of land for municipal purposes was discussed. Councilman Fishback reported that there was a possibility of pur- chasing a piece of property in this area foi• $50,000, which would include ap- proximately 20,000 square feet at a price of approximately $2.50 per square foot, also containing three houses which were bringing in $3,700 annually in rent. After discussion, Councilman Fishback amended the motion to include 350,000.00 for the purchase of land. This motion was seconded by Councilman Dodd and the amendment was unanimously adopted. Thereupon, the motion, as amended, was unanimously adopted to include 350,000 for the purchase of land for municipal purposes in the bond issue. Mayor Rollins asked the Town Manager to investigate the boundaries of the property next to the Town Hall. Upon motion of Councilman Fishback, seconded by Councilman Dodd, Council voted unanimously to include 315,000 for the resurfacing of the' ehtire present parking lot in this bond issue. Upon motion of Mayor Rollins, seconded by Councilman Dodd, Council voted unanimously to include $30,000 for the construction of two streets in this bond issue. Upon motion of Councilman Lowenbach, seconded by Mayor Rollins, Council discussed theinclusion of $33,000 for construction of curb, gutter and side- walk and the widening of Route 15 between North Street and Union Street. A roll call vote defeated this motion 4 to 2, with Councilmen Fishback, Orr and Pum- phrey and Mayor Rollins voting against it. Mayor Rollins requested that Mr. Ritter have this resolution .redone for the next meeting. Upon motion of Councilman Fishback, seconded by the Mayor, Council voted unanimously to include $157,000.00 in this bond issue for the refund of Airport Bonds, if practicable. Upon motion of Councilman Fishback, seconded by Councilmen Dodd and Pum- Y phrey, the following was unanimously adopted : BE IT FURTHER RESOLVED, that the law -firm of Reed, Hoyt, Washburn and McCarthy, 52 Wall Street, New York, N. Y. , be and it is hereby employed to furnish the legal assistance required for the issuance of said bonds and the sale thereof. 76 MINUTES OF FEBRUARY 15, 1965 MEETING. ' Upon motion of Mayor Rollins, seconded by Councilman Pumphrey, the following resolution was presented for consideration: BE IT RESOLVED, by the Town Council of the Town of Leesburg, that the Town Manager be authorized and he is hereby directed to obtain the easements for the storm drainage project by a date to be set by him. If any easements have not been obtained by the deadline date, the ' Towri Attorney is hereby authorized and directed to proceed with the' necessary legal action. The Town Manager or his designated agent shall see that each property owner is contacted personally for the purpose of explaining the storm drainage project to them. . • Upon motion of Mayor Rollins, seconded by Councilman Orr , it was unani- mously decided that this resolution be considered at this meeting, and the resolution was then unanimously adopted. Upon motion of Mayor Rollins, seconded by Councilman Pumphrey, the follow- 1 ing motion was placed on the floor for discussion: That the Town Manager be authorized to place some gravel in the Honicon Court so as to take care of the water which stands in the Court. After discussion, this motion was referred to the Utility Committee by the Mayor Pro-Tem. Councilman Pumphrey stated that Mr. James Anderson, who lives in Monroe Manor, had requested that the Town look into the water problem which exists on the lower portion of his property on Monroe Street. This matter' was' re- ferred to the Utility Committee. Mayor Rollins stated that he had attended a meeting in Falls Church today in connection with the matter of the Highway Department purchasing the' W. & O.D. Railroad property and that he felt this Council should go on record as' to op- posing this purchase. This matter was also referred to the Utility' Committee. Councilman Fishback read a letter addressed to Commonwealth's Attorney Stirling M. Harrison from Attorney' General Robert Y. Button regarding the le- gality of Mr. Hammerly furnishing the insurance on the Airport buildings. No action was taken by Council. (Letter attached) There being no further business, the meeting adjourned with - leral consent at 9:00 P.M. Mayor -. Clerk of t e Council 1 lt. 1 , . 11\10).S\li C,.l l ' • 11.E .,iit• Ck'- ,- ;lil.i. 1. U:i ROOCRT V DUTTON `, • ••4•[,• JY� ....•-�I.00• ICMMCTM C. .•a• •\\ +•+. ! OIIICC or THE ATTORNEY GENERAL «w•• o .o•u II C I-IM ON O O February 10, 1965 Honorable Stirling M. Harrison ' Commonwsalthts Attorney of Loudoun County Leesburg, Virginia My dear Mr. Harrison: • This will acknowlodge receipt of your letter of February 9, which roads as follows: °The Town of Leosburg has created an Airport Commission for the establishment and maintenance of an airport and the Chairman of this Commission is an insurance broker who is providing insurance coverage en the buildings at said airport. °I have boon requested by a member of the Council of the Torn of Loosburg to seek your opinion on the legality of the Chairman of said Commission in furnishing insurance coverage on the airport buildings as aforesaid. In doing so, is the Chairman violating tho provisions of § 15.1-73 of tho Code of Virginia, and are the insurance contracts valid and enforceable in the event of a loss?° • After receiving your letter, as conferred with you by telephone and find that the airport in question is owned by the town. Under § 15.1-73, no member of the town council or any agent of the town or any member of a committee constituted or appointed for the management, regulation or control of the corporate property of any town moy, during the term for which he was appointed, be a contractor or subcontractor with the town 1 or with its agents or with such committee. ' • 4 3 , 4 J 4 Honorable Stirling M. Harrison - 2 - February 10, 1965 In my opinion, under this provision, no member of the Airport Commission appointed by the tom to operate the air- port in question may poll insurance policies to the Commission during the torn for which he •cao appointed on the Commission. In my opinion, any ouch contract would be void under this suction. • Dith respect to your question as to whether or net the inouranco contracts are valid and enforceable, in my opinion, if the contracts are otherwise valid, the uaderuriter could not escape his responsibility upon ouch contracts solely on the ground that his agent hod violated § 15.1-73 of the Cede. V Clith best mishos, I am Sincerely yours, Ca- 1 Retort Y. Button Attorney General 5-21 • i . g a •