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HomeMy Public PortalAbout1963_01_28 139 PUBLIC HEARING A duly advertised Public Hearing was held in the Council Chambers, Leesburg, Virginiaat 7:10 P .M. , January 28 , 1963 to con- sider.,amending the Zoning Ordinance by amending the land use as desig- nated on the Zoning Map to rezone a parcel of land from R-2 to R-3. Appearing before the Council at this Public Hearing was Mr. Carlton Penn. Upon hearing all the comme nts and diiscussion from Mr . Penn IIthis matter was discussed to some extend at this Public Hearing between the Councilmembers , Mayor Ratio and others who were present. This Public Hearing was adjourned at 7: 25 P.M. with the general consent of all present. . REGULAR MEETING Minutes of the Regular Meeting of the Leesburg Town Council, January ' . 28; 1963 Cr:00 . . A. Regular Meeting of the Leesburg Town Council was held in the T cc Council Chambers , Leesburg, Virginia on January 28 ,.,•1963. . 00 Mayor Frank Ballo called the meeting to order at 7: 30 P .M; Councilmen present were Stanley F. Caulkins, Lynwood Lay, Hunter M. Leach, Maurice R. Lowenbach and John W. Pumphrey. Absent from this meeting was Councilman George P. Hammerly. Upon Motion of Councilman Pumphrey; seconded by Councilman Lowenbach the minutes of the previous meeting were approved as read with the general consent of the Council Members . II The Acting Town Manager gave his report to the Council. Upon Motion of Councilman Caulkins; seconded by Councilman Lowenbach the following was unaminously approved by Roll Call vote. WHEREAS, the Council for the Town of Leesburg , in Virginia., hitherto, at a regular meeting' held on November 26, 1962, referred the question of the following amendments to the Planning Commission for the Town of Leesburg ,. in Virginia, for the purpose of holding a public hearing on such question and making recommendations as provided by Chapter 28, Section 15-968.5 of the Code of Virginia; and WHEREAS, the said Planning Commission caused a notice of a Public Hearing on the question submitted to it to be published on the 20th day of December, 1962 , and the 27th day of December, 1962; in the Loudoun Times-Mirror , a newspaper published 'in and having a general cirnulation in the Town of Leesburg, a• notice in accordance with the provisions of Chapter 28 , Section 15-961.4 of the Code oaf T Virginia that the said Commission would hold a Public Hearing on the question referred to it , which Public Hearing would, be held on the 3td day of January? 1963, arid which notice designated the time and place of such hearing; and WHEREAS, the said Planning Commission did hold such Public IIHearing and heard all persons desiring to be heard on the question of adopting the following amendments; and WHEREAS , the said Planning Commission thereafter considered the question of adopting the following amendments and at a regular meeting of the said Planning Commission held the 3rd day of January , 1963 , the said Commission duly adopted and recommended to the Council for the Town of Leesburg, in Virginia, the ' enactment of the"following amendments; and 140 WHEREAS, the said Council for the Town of Leesburg , in Virginia, caused a notice of public hearing on the following amendments to be published on the 17th day of January, 1963 , and the 24th day of January, 1963 , in the Loudoun Times-Mirror , a newspaper published in and having a general_circulation in the Town of Leesburg, a notice in accordance with the provisions of -Chaper 28, Section 15-961.4 of the Code of Vir- ginia that__the said Council woulhold a public hearing on the following amendments , which Public Hearing would be held on the 28th day of January, 163 , and which notice designated the time and. place of said hearing; and • WHEREAS , the said Council for the Town of Leesburg , in Virginia, did hold such a 'public hearing and heard all persons desiring to be heard on -$he. question of enacting the following amendments to the Zoning Ordinance;. NOW, THEREFORE, 'BE IT ORDAINED , by the Council for the Town of Leesburg, in Virginia, that the Zoning Ordinm ce be amended by amending the land use as designated on the Zoning Map to rezone from a General Residence District to a Town House Residence District a. parcel of land belonging to Loudoun Properties , Inc. , containing 125 acres , more or less , lying on the southerly side of Tuscarora Creek and on the westerly side of State Route No. 643 , adjoining and bounded by said Highway and ' the lands now or formerly belonging to Stowers , Scott, Catoctin Trading Company, Inc . , Hammerly , other land of Loudoun Properties , Inc. and the Town of Leesburg. Upon MotionTof Councilman Lowenbach the following resolution was brought before the Council. WHEREAS, the Committee for the Integrated Bar has ruled that it- is tis unethical fora town attorney to prosecute violations of Town ordinances and represent defendants in the same court charged with violations of state statutes of a similar nature; and WHEREAS, the present town attornert while he does not participate in the prosecution of offenses in the police court for the Town of Leesburg, does prosecute any appeals taken to the Circuit Court for the County of Loudoun on behalf of the Town of Leesburg , and has because of the aforesaid ruling ceased representing persons charged with violations of state statutes of a similar nature in the Loudoun County Court and said Circuit Court; and , WHEREAS, the said town attorney has requested that he be relieved of this duty and has advised that the Commonwealth' s Attorney be em- ployed by 'the Town of Leesburg to prosecute all donvictions appealed to the Circuit Court on a fee basis of Fifty Dollars ($50.00) for all cases 'tried in the Circuit Court and a fee basis of not less than Twenty Dollars ($20.00) , but not more than Fifty Dollars ($50.00) fOr each case which is not tried in said Circuit Court , though appealed . BEWIT THEREFORE RESOLVED, by the Council for the Town of Leesburg that hendeforth George M. Martin is hereby relieved from any responsibility for prosecuting violations of town ordinances in the Police Justice Court, ' or Circuit Court , and that the Commonwealth' s Attorney for the County of Loudoun be, and he is hereby employed to represent the Town of Leesburg in prosecution of all appeals taken to the Circuit Court for the County of Loudoun on a fee basis of Fifty Dollars ($50.00) "for all cases tried in the Circuit Court and a fee basis of not less than Twenty Dollars ($20.00) , but not more than Fifty Dollars ($50.00) for each case which is not tried in said Circuit Court , though appealed . After some discussion by the Town Attorney to the Council the above written Resolution was withdrawn by Councilman Lo4lenbach. Upon Motion of Councilman Leach: seconded by Councilman Lowenbach the following Resolution was approved by a voice vote. WHEREAS Frank J. Schaefer and Co. , Inc. , did by letter dated January 15, 1963, petition this Council to reione a. parcel of land belonging to Frank J. Schaefer and Co. , Inc . , containing 3:4 acres , more or less , lying on the south side of .Washington and Old Dominion Railroad and adjoining and bounded by Valley View Avenue on the West , Belmont Drive on the sotth and Prospect Drive on the East. 141 NOW, THEREFORE, BE IT RESOLVED , by the Council for the Tbwn of Leesburg, in Virginia, that the aboire petition be referred to the Town of Leesburg Planning Commission for study and report. Upon Motion of Councilman Pumphrey; seconded by Councilman Leach and there being no further business to come before the Council at this time, the meeting was adjourned- with General Consent at 8:00 P.M. • - - • • q. , Ma$or Recorder 00 Ct N fr ! CC CC •i • • • • • • 1