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HomeMy Public PortalAbout1973_05_09 555 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 9, 1973 . A regular meeting of the Leesburg Town Council was held in the Council Chambers; 10 West Loudoun Street, Leesburg, Virginia, on May 9, 1973 at 7 :30 P.M. The meeting was called to order by the Mayor, with Acting Town Manager Robert Forbes offering the prayer. Those present were : Mayor G. Dewey Hill , Councilmen Walter F . Murray, Robert A. Orr, John W. Pumphrey, Herbert L. Ridder, C. Terry Titus and John A. Wallace, Jr. ; also Acting Town Manager Robert C. Forbes and Town At- torney George M. Martin. The Minutes of the regular meeting of April 25 , 1973 were ap- proved as written . Mr. John Alderman, representing HAND Properties, Inc. , asked Coun- cil to give consideration to the availability fees for water and sewer at his two projects on the Jackson property. He said clearance was issued on October 26 , 1972 and his water tap fee was paid on Octo- ber 15 , 1972 . He signed his contract with Loudoun County for the • _ one building in January of 1973 , based on the cost estimate prior to that date. The water and sewer availability fees at that time would have been approximately $4,000, however, they paid $7 ,250 just two or three days after the new rate went into effect. He has Cr) no way of recovering any portion of this fee and considers this a CC hardship. He said he has had 35 years in the building business and -D he has 'never had an increase in price without having at least some prior knowledge . He was not asking for special treatment, but would like equal treatment . Mayor Hill asked Mr. Alderman if he had pre- sented this case prior to the April 30th deadline. Mr. Alderman said he was not aware of any deadline that had been set. He said he did not pay it earlier because he had no plans , which he said was par- tially his fault. Mayor Hill could not understand why he had no plans, in fact, how he could build without them. Mr. Forbes explained that all of his site plan work and zoning was included on the site plan itself, which was approved. In order to arrive at figures, for a- vailability costs, it is necessary that the Town have internal plans , which is normally a function of the County Building Inspector; which plans show the number of fixture units and on which the availability costs are based. On motion of Councilman Titus , seconded by Council- man Pumphrey, Council voted unanimously to refer this matter to the Street Committee. Mr. Herbert A. Sumney appeared, seeking permission to utilize 21 inches of sidewalk in front of the Leesburg Restaurant. He said they have received permission from the Board of Architectural Review for a revamping of the exterior of the Restaurant but, when they tore off the glass on the front, they found frame rather than brick be- hind it. In order not to have to change the entire front, the new brick will come out approximately 21/2 inches further than the exist- ing front of the building. He said there is a question that the Town has a 40 ' right-of-way, but it is hard to tell whether this includes the sidewalks or not. Councilman Orr complimented them on the im- provements that have been made in this block and, on his motion, sec- onded by Councilman Murray, the following was offered: That Mr. Sumney be allowed an encroachment not to exceed 3 inches on the sidewalk on S . King Street in front of Lees- burg Restaurant. Councilman Murray said he believed they were justified in doing this, it has already been done for the Saddle Shop and it made quite an im- provement. Councilman Titus questioned whether the HighwayDepart- ment would have anything to say as to how this might affect the pay- ment of our maintenance funds . He said it would have to be an unre- stricted right-of:-way and he believed this should be cleared with the Highway Department, just as it was for the encroachment by Jerry 's Florist Shop. Councilman Murray did not think it in error on the Saddle Shop, and Councilman Ridder said he understood that the en- croachment is because of the brick work. Mr. Sumney pointed out on the plans just what is to be done, also the fact that the same sign has been there for many years . He said the whole thing will not ex- ceed 2inches . Council then voted 6 to 1 to adopt the above motion, with Councilman Titus casting the dissenting vote . 5 6 MINUTES OF MAY 9, 1973 MEETING. Mr. Samuel Thomas addressed Council, petitioning on behalf of the disabled veterans . He said that, in July of last year, the State passed a law enabling the disabled veterans to receive free license tags . The County has also done this and he was pe't 'itioning the Town to do the same. Councilman Orr asked who decides who is disabled and • Councilman Murray asked how many would be involved. ' Mr. Thomas said these men have a card from the State, saying that they are disabled and there are probably about 50 of them in town. He said• there are some States that do nothing for their veterans. Councilman Murray asked Mr. Thomas to find out how many there would be involved. On mo- tion of Councilman Murray, seconded by Councilman Orr, Council voted unanimously that this matter be referred to the Laws and Administra- tion Committee, to meet when Mr. Thow�?a§ can determine the approximate *t number of people involved. MayorxRMtttg asked Mr. Thomas to notify the Town Office when he gets this information. It was understood that this would be for next year, such fees have already been paid this year. Attorney Kenneth B. Rollins , representing Green Acres Associates , addressed Council on behalf of Loudoun Hills, Section 2 . He was ap- pealing to Council to consider as a hardship certain lots in Section 2 to which sewer lines were built before the sewer moratorium went into effect, these lines having been built with the sanction of the Town: He •pointed out on a map just what particular lots these are. Also, he was asking that Council change its basic procedure. He be- lieved it unfair to the developers to stop at the preliminary plat stage - there is a great deal of distinction between approval of final plats for recordation and issuing building permits . He asked that Council instruct the Planning Commission to approve final plats for recordation,' with the notation being made that no water and sewer is guaranteed. He cited Loudoun Hills as a good example - these peo- ple have already installed improvements to the tune of approximately $130,000 and posted a valid Pefformance Bond to insure installation of physical improvements in the amount of about $160,000. Their money is tied up and they can go no further until they get final plat ap- proval, which plat can be recorded with the notation that water and sewer is not available . Council can stop any building on these lots until water and sewer is available . When the time comes that it is available, then these people would be in line for a' priority rating, otherwise, they would not be . He again said he believed Green Acres is entitled to have water and sewer for that portion to which lines have already been run in Section 2 . Councilman Titus said he did not recall approval of a Bond on Section 2. Mr. Spain said the' Bond was tendered to the Street Committee and they thought it would come before this Committee - it was paid for. Mr. Silverman, also for Green Acres , said these lines were installed and inspected - they were put in under an agreement with the Town. Mr. Chaves 'said these lines were allowed to be installed for engineering reasons . It was inconceivable to put in a line and leave it plugged - it was better to extend it to the next manhole . Mr. Silverman said there was no idea of a moratorium at this time . Now there exists an unusable sewer line because the plan cannot be approved and the extension agreements have not been approved - engineering-wise , it was correct. Councilman Titus agreed with this and believed Mr. Rollins has a point, but the wording would have to be worked out and gone over by the Town Attorney - the Ordinance would have to be amended. Mayor Hill asked the object of Mr. Rollins ' point in having final plats recorded. Mr . Rollins explained that this is to establish a priority status for these people , and perhaps to sell these lots . Any prospective purchaser would be on notice that water and sewer is not available at this time . Mr. Silverman said this piece of land is "in limbo" at this time , it is not marketable unless the final plat is approved and recorded. The developer is land-locked, he is three-quarters of the way through with the project, but can go no further. Councilman Ridder said he understood that they are ask- ing the Town to get through the final plat stage so they can be put on the priority list according to when they are recorded. Mr. Silver- man again asked that the lots to which sewer has already been run be considered as a hardship case. Mr. Spain, the developer, said they have laid sewer lines and roads in excess of $130,000, paid the off-site sewer charges of $11 ,000, which the Town is holding , and paid for a Performance Bond. He said they have done nothing secretive and are caught in the fool- ish position of having their money tied up. They thought when they 57 MINUTES OF MAY 9, 1973 MEETING. • went into this, they could go ahead and build and they have been held up some three or four months now. Councilman Orr asked just exactly what they want tonight . Mr. Rollins again stated his requests , which, if granted, would allow the final plat of Section 2 of Loudoun Hills to be recorded so that building could be approved when sewer becomes available . On motion of Councilman Murray, seconded by Councilman Orr, and after further discussion, Council voted unanimously that this matter be referred back to the Street Committee for rec anmenda- tion as to possible changes in procedures . Mr. Murray said he knew this was an unusual and unfortunate case, however, at the present time , they have allocated what they consider their capacity in the Sewer Plant. It is felt that we will get sewer, but perhaps it might not be in Leesburg - a regional plant may be located somewhere else . Mayor Hill also said he could understand the developer 's po- sition, but he could understand it from a buyer's position as well. This was brought out at the meeting with the Assistant "Attorney Gene- • ral and this is why they tried to cut any progress off at the earli- est stage, in order not to lead anyone on. Acting Town Manager Robert Forbes reported that :. a Cr (1) Mr. Ritter is still in intensive care at Commonwealth '; CO Doctors Hospital but is progressing satisfactorily . (2) The appropriations on the Addition are for outstanding April a bills and anticipated needs for the next two months . Some of the bills came in after the Finance Committee meeting. He said he would explain them in more detail later in the meeting . • (3). The Town Attorney informs him that the Elder case in the Supreme Court wasdenied on the original Petition. However, his coun- sel petitioned for a Rehearing and this was denied also. Councilman Titus asked if the Town is doing the paving and patching around Town. Mr. Forbes said C & P Telephone Company is doing part of it. Mr. Titus also asked about Davis Ave. Mr. Chaves said the developer did part of this . Mr: Titus said he would still like to see this situation corrected. He also questioned whether the de- veloper is using measures to prevent soil erosion and sedimentation control. Councilman Orr also spoke of the bad condition of Davis Ave . and asked that some action be taken to see that these vehicles are not parked on the hard surface of the road. Mr. Forbes said the Police have been notified on this . Councilman Pumphrey asked if Southern Line Cleaning has been con- tacted. Mr. Chaves said they have asked for a price for new lines, but have received no answer yet. They still have areas to finish up that have been too wet heretofore. Mr. Pumphrey suggested they call in somebody else if they do not come back pretty quickly . Mayor Hill asked Mr. Forbes if he was able to contact Mrs . Carr today. Mr. Forbes read a letter he had sent to Mrs . Carron April 25th with regard to the request for an answer from her on the loca- tion of the standpipe on her property. To date we have not received a reply from her. He said he believes it eminent that we make a de- cision on this site, which is holding up everything insofar as the Treatment Plant is concerned. Mr. Titus agreed with this and asked that the Street Committee make a decision as to where the standtank will be at its meeting on Monday. Mayor Hill said he wrote the De- partment of Highways concerning an easement on the By-Pass right-of- 111 way. Mr. Connock said that easements are not usually granted on a limited access highway, however:; he will pass our request on to the Highway Department . Hopefully , we can resolve this, but it is a very crucial matter. - Mr. Forbes said there is a staff meeting of the Water Control Board tomorrow morning . Mr. Chaves will be attending this meeting . MINUTES OF MAY 9, 1973 MEETING. On motion of Councilman Wallace, seconded by Councilman Orr, and after explanation of two of the items, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $ 450.00 - Martin, Riemenschneider & Murtaugh - Services rendered regarding sewer problems . Utility Fund- Water and Sewer Department. 987 :00 - Dewberry , Nealon & Davis - Storm drainage design 11 on Blue Ridge Ave . -Washington Street. 1971 Bond Issue . 836.60 - Dewberry, Nealon & Davis - Storm sewer stakeout and revise drawings-Blue Ridge Ave. 1971 Bond Issue. 8,000.00 - To cover increase in insurance cost. General Fund - Other Services & Supplies-Insurance . On motion of Councilman Ridder, seconded by Councilman Titus , the following Ordinances were unanimously adopted, after explanation by Councilman Titus that this would bring the Water and Sewer Ordinances in complete conformity with other portions adopted heretofore - all fees would then• be payable before the issuanceof a zoning permit: • (1) BE IT ORDAINED by the Town Council of the Town of Lees- burg, that Sections 19-11, 19-12 , 19-13 , 19-14, 19-14. 1 and 19-14. 2 of the Code of the Municipality of Leesburg, Virginia be and the same are hereby amended by deleting the period at the end of each paragraph, and inserting the following : ", and shall be due and payable prior to the issuance of a zoning permit. " (2) BE IT ORDAINED by the Town Council of the Town of Lees- burg , that Sections 25=4, 25-5•, 25% , 25-7 , 2590 .=1 and 25-7 .2 of the Code of the Municipality of Leesburg, Vir- ginia be and the same are hereby amended by deleting the period at the end of each paragraph, and inserting the following : " , and shall be due and payable prior to •the issuance of a zoning permit ." On motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was adopted by a vote of 6 to 1, with Coun- cilman Wallace disqualifying : WHEREAS, Basil M. DeLashmutt owns an existing one-family dwell- ing on Fort Evans Road with a building sewer connected to the Town 's sewerage system, and WHEREAS , Mr. DeLashmutt proposes to raze the said existing one- family dwelling and connect in place thereof an indoor tennis and handball facility to the existing building sewer, and WHEREAS, it has been determined that the water usage from the proposed tennis and handball facility will be comparable to the usage of the existing one-family dwelling, • NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that Basil M. DeLashmutt be and he is hereby granted permission to substitute the use of an existing building sewer from a one-family detached dwelling to an indoor tennis and hand- ball facility, in accordance with the provisions of the Leesburg Board of Zoning Appeals order granting the said facility, and BE IT FURTHER RESOLVED, that a copy of •this resolution be for- warded to the Loudoun County Health Director. Councilman Murray asked who made the determination that no more water would be used than a single-family dwelling. Mr. Forbes presented a letter from Manassas Contractors , Inc . , which had been submitted to the Utility Committee . Mr. Pumphrey said the Committee felt there would be no more used than a family with two or three teen-agers would use. MINUTES OF MAY 9, 1973 MEETING. -- On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the request of Mrs . Nannie B. Fitzgerald for a waiver in the Policy Statement of March 28, 1973 to allow a water and sewer connection at her vacant lot be and the same is hereby denied, and BE IT FURTHER RESOLVED, that her request to serve the said J lot be placed on the forthcoming priority list. Councilman Orr asked where a - single area such as this would be on the priority list. Councilman Pumphrey said there are a good many such lots in this category. He also said she paid her tap fee of $125 about 15 years ago and there is a good possibility that the tap could not be located now. Dr. Orr said she paid this fee in good faith so she could sell the lot at any time and he believed this case to be different, regardless of the fact that it is not in a subdivision. He questioned the ethics of this . Councilman Titus said we could not justify to the Health Department that we have the capacity available Cr) for this tap. Mayor Hill asked if it would be an impossible task to determine how many lots fall into this category. Mr. Forbes said the Treasurer should have a list of these people , and he believed there were quite a few. Mayor Hill believed that this should be up on the priority list. Council then voted 6 to 1, with Councilman Orr voting against, to adopt the above resolution. On motion of Councilman Ridder, seconded by Councilman' Titus, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Treasurer be and he is hereby authorized and di- rected to issue a check to Arl Curry in the amount of $1,000 for refund of a portion of the availability fee for water ser- • vice on Lot 5, Section 8 , Prospect Hills , and BE IT FURTHER RESOLVED, that his request for a refund of a portion of the water and sewer availability fees for Lots 4 and 7 , Section 8, Prospect Hills , be denied. • Mr. Curry said that, as- long as the Town is consistent and everybody is treated the same , he has no objection. He felt that, if a permit was issued and a man tried to pay his -fees before the actual change was made, he should get it at- the old rate. He did not feel it should be made retroactive. Mayor Hill said he did not believe the Committee has used two standards to decide these cases . N On motion of Councilman Titus , seconded by Councilman Murray, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Treasurer be and he is hereby authorized to ac- cept payment from Green Acres Associates for sewer availability fees to serve Lots 13 , 14,and 17 in Section 1 of Loudoun Hills Subdivision, at the rate of $300 each sewer connection. Mr. Hugh- Creeger, attorney for Green Acres, stated there were more lots requested to be included than the three mentioned in this resolution. He said Mr. Spain had appeared before the Committee and asked that all of them be included since the sewer taps were paid and the contracts were dated and signed- before the sewer tap fee was raised. He asked why they were not all considered. Mr. Forbes explained that they were - not dated prior to the moratorium. Mr. Creeger understood that appli- cation had to be made by a certain deadline for hardship cases and was under the impression that this had been done . He asked that Council vote • on these three now and consider the others later. The above resolution was then unanimously adopted. On motion of Councilman Wallace, seconded by Councilman Ridder, Council voted unanimously that the request on Lots 16 , 17 , • 126 , 127 and 128 in Section 1 of Loudoun Hills Subdivision be referred back to the Committee . 60. MINUTES OF MAY 9, 1973 MEETING. On motion of Councilman Ridder, seconded by Councilman Pumphrey , the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Treasurer be and he. is hereby authorized to accept payment from R.K.G . Builders , Inc . for water and sewer availability fees to serve two (2) lots in Exeter . Square Sub- division, numbered 1 and 9, at the rate of $300 each for water and $300 each for sewer. On motion of Councilman Pumphrey, seconded by Councilman Ridder, the following resolution was presented: WHEREAS, Rezoning Application Number ZM-12 by Loudoun Medical Associates has been duly processed by the Leesburg Planning Commission and the Town Council, and WHEREAS, the Town Council foresees that immediate development of the subject land would create a storm water run-off problem since there is already a flooding condition in the areas to the east during periods of heavy rain, and that the present road system and access would be inadequate , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that action on this request is hereby deferred in light of the resolution requesting a study by the Planning Com- mission of the hospital area . Mr. William E. Chapman, representing Loudoun Medical Associates , said he mentioned at the last meeting that there is a quirk in the Zon- ing Ordinance . Section 11-5 of that Ordinance requires an affirmative vote of a majority of the members of the Council before a rezoning pe- tition can be approved. They were concerned because of the absence of two of the members at the last meeting. Additionally, this same section requires that this affirmative vote be made within 30 days of the advertised Public Hearing , which was held on April 11th. He believed it is the intent of the Council, by the above-mentioned reso- lution, to defer this rezoning petition until such time as the study is completed in the hospital area and then perhaps reactivate the resolution without additional hearings. He seriously doubts that this can be done . ' As he reads Section 11-5 , if affirmative action is not taken tonight, then this present petition is dead, so to speak, and can only be reinstituted by going through Public Hearings again before both bodies . For this reason, he urged that Council take af- firmative action on this petition tonight . He has explored two items brought up at last meeting with mem- bers of Council and employees of the Town - one regarding accessi- bility to this property from Old Waterford Road. He would antici- pate that this would be the primary source of access to the proposed facility. Also, he has gone into the storm sewer problem, which is a major concern of Council members . He has met with Councilman Wal- lace and Mr. Chaves, trying to come up with some comprehension of the scope of the problem. He understands there is an existing flood- ing problem that Council will have to deal with sooner or later be- cause of the size of the pipe under Wirt Street. The 'petitioners understand the requirements adopted about two years ago and are will- ing to pay their pro-rata share of off-site drainage costs . _ The resolution adopted two weeks ago directed the Planning Com- mission to make a study of the entire hospital complex, with the the possibility of creating a new zoning category. He believed there would probably be another 1 to 11 acres that would feed into this watershed and be available to share in the costs involved in improv- ing the storm sewer system. He said a real need exists now, as ex- pressed by Councilman Orr earlier, and the merits of this project speak for themselves insofar as health, safety and convenience are concerned. He requested affirmative action by Council tonight ib order to avoid the quirk in the law. The proposed use of this property is compatible with any new zoning category that might be established. 6t" MINUTES OF MAY 9, 1973 MEETING. Councilman Titus asked, if this property is rezoned and the study of the Planning Commission recommends another category, would his clients be amenable: to that rezoning? Mr. Chapman felt they would. Councilman Murray could not understand why they would be unhappy to postpone this until such time as this study is made, especially since they will have no water or sewer. Councilman Pumphrey did not be- lieve that, if a new category is created, it will be necessary for his clients to go before another Public Hearing. Mr. Chapman said not if they could assume they could still purchase the land at this point. Councilman Pumphrey questioned what other use might be made of this land if not used for a hospital-related facility. Mr. Chapman said he had indicated at the Public Hearing that the fact that the Hospital has the right of repurchase for 35 years , that these people are medical practitioners here in Leesburg committed to the practice of medicine and, that they are building this building for their own use should allay any fears regarding this. Councilman Orr told Council they have no idea what is going to `D happen here in Leesburg . There are four general practitioners and Cr) about 7800 people coming in here . There have to be physicians to take CC J care of these people when they are sick. He believed this more im- portant than a little extra flooding. Other towns are begging doc- CD tors to come in and we have an opportunity to get them with a new hospital being constructed. We need medical facilities in this Town and County so badly . He said he would rather have less business and make less money himself and see the people have a better chance for health and welfare . He is definitely in favor of this rezoning. Councilman Wallace said Mr. Chaves has estimated the cost of necessary improvements down North Street between Slack Lane and Church Street at $115 ,000. He cited the number of contributing acres and the cost per contributing acre, stating that Loudoun Medical Associ- • ate 's share would be only about $7 ,000. He said we have to give this some thought from a budgetary point of view. Mr. Bozel said the 12- inch pipe there now does not carry the water, it comes into the base- ments now, and it will not stand any more . Mr . Wallace said it . sounds like something would have to be done when this development would take place and the Town is in a bad position as far as making any necessary improvements to the storm sewer at this time .. Mr. Chap- man said he understands the Wirt Street storm sewer is at an acute stage now and some improvements are going to have to be made, even if the School Board continues to maintain only ball fields on its property. Councilman Ridder said it is his understanding that, if Council votes affirmatively for this resolution, the rezoning matter will be- come a dead issue in time. Councilman Pumphrey said this would not be true if a new zoning category is established - it would then be a conforming use. -'He said there would be other land available that might be more suitable for the group. They might come over to the street leading from Market Street to the Hospital . Mr . Chapman said the Health Maintenance Organization concept legislation being con- sidered by Congress requires that a clinic be built adjacent to and accessible to a hospital. This is one of the compatible features of the land under discussion. There was some discussion concerning the future extension of Gibson Street, with Councilman Pumphrey suggest- ing that there would be land to the west of the hospital that might be used for such a building . Mr. Chapman said this is the most likely way for the hospital to expand. Dr. Nidiffer addressed Council at this time, stating that if we don 't get doctors , we can ' t get more patients. There are only three or four that are doing family practice now. Councilman Pumphrey again brought up the ?building being constructed by Mr. Alderman for such office space . Dr. Nidiffer said he would not have an office here if it had not been .for Dr . Brown, with whom he shares an office now. The Board of Supervisors will be taking over this building so they have no place to go, therefore, they are in a real dilemma at this point . He said that anywhere else in the country , communities try to 62 MINUTES OF MAY 9, 1973 MEETING. help the doctors get located. Here they have met first one obstacle and then another. He said every time this rezoning is brought up, somebody mentions the other building. He compared this to the IBM and Xerox situation. The problem is not a justification of what • John Alderman is building. This is a group of people with a tract of land who want to build a building that suits their needs and is compatible with the hospital. • Councilman Ridder said he doubted very much that deferral of this matter would make a lot of difference. If it is rezoned now,. there is no sewer available . By the time the Planning Commission completes its study, sewer might be available and the approval of this same building would be no problem. Timing-wise, he did not see that this makes a great deal of difference . Councilman Orr said they have calls out in medical journals now to try to get four more general practitioners , as well as other doc- tors . It usually takes about two years to get just one. It takes ten years to get a degree . Practically every other town has these calls out too and, if we could say that a building is being built for office space, this would give us a jump on •some other communities. We need doctors to take the place of some of the older ones - men in their late 20 'a and early 30 s if the Town is going to continue to function. Another point he could not understand was the fact that this is the first time he could remember the Council disapproving any- thing the Planning Commission had approved, especially when no-one appeared against it. Councilman Titus said the Planning Commission vote was 3 to 2 in favor. Councilman Pumphrey said this is one reason he has never been against growth - we will not get the doctors if we don 't have growth. Mr. Chapman said the planning of this project will be extremely difficult - they showed preliminary drawings when they appeared before Council earlier. The architects and engineers have indicated that, once they are in a position to contract the building, it will still be another four or five months before they could have definite plans. If this rezoning is approved tonight, then preliminary planning could go forward. Mr. W. W. Wilson, representing Mr . John Paul, owner of Chevy Chase Court, said that, based on the figures quoted here tonight , it appears that, beyond what these gentlemen would contribute, the Town has to come up with $100,000 to correct this situation. Anything in addi- tion would compound the problem. On behalf of Mr. Paul , he felt that he is definitely against any rezoning until the storm drainage problem is alleviated. Councilman Wallace asked if an estimate was worked up to take care of the problem as it exists today. Mr. Chaves said another pipe could be put under Wirt Street, but you cannot put in one .larger than the one downstream. Mr . Wallace feels that this needs to be done, but the economics of .the problem bother him. The lines should be sized to serve the whole property above Chevy Chase Court, and it is some- thing the Town is going to have to do sooner or later. Mayor Hill asked if the Semones-Durfey line helped the situation at all. Mr. Bozel said it did not, it did pick up some of the water coming from the hospital area. tig added that Mrs . Fletcher said, if we wanted to enlarge this line,7would have to put it in the street. • Councilman Ridder said he is in favor of this medical building as proposed and feels that these are all honorable men, who fully in- tend to go through with this project when sewer is available . One of his concerns is that, if there are so many obstacles to this build- ing, they might decide to bail out . He said he is going to vote against the resolution as •it is because it would have a tendency to kill this building . He agrees with Councilman Wallace that the .storm sewer prob- lem is one of when , not of whether or not to do it . He would hope that this problem will have been met by the time this building would be erected. . 6 3- MINUTES OF MAY 9 , 1973 MEETING. A roll call vote on the resolution first above mentioned was 4 to 3, with Councilmen Murray, Pumphrey and Mayor Hill voting for it and Councilmen Orr, Ridder, Titus and Wallace voting against it. ()notion of Councilman Ridder, seconded by Councilman Orr, it was moved that Rezoning Application Number ZM-12 by Loudoun Medical As- sociates be approved. On motion of Councilman Murray, seconded by Councilman Ridder, the .following amendment was unanimously adopted: "and that the applicants are aware of and agree to pay their propor- tionate share of storm drainage associated with the proposed build- , ing, and that they are notified that, at the present time, there is no sewer available to serve the proposed building. " Councilman Titus said they would not go on the priority list until some kind of plans are presented. The resolution, as amended, was then adopted by a roll call vote of 6 to 1, with Councilman Pumphrey voting against it, and reads as follows : BE IT RESOLVED by the Town Council of the Town of Leesburg, that Rezoning Application Number ZM-12 •by Loudoun Medical Associates be approved, and that the applicants are aware of arid agree to pay their proportionate share of storm drain- • age associated with the proposed building , and that they are Cn VD wag notified that, at the present time , there is no sewer , D available to serve the proposed building . Q Mr. Forbes explained the need for supplemental funds needed in several departments to finish out the present fiscal year, calling at- tention to bills owing for the month of April and anticipated needs . On motion of Councilman Orr; : , seconded by Councilman Wallace, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : • $5, 196 .67 - Utility Fund - Supplemental for Water Depart- ' ment-Materials . 519.50 - Utility Fund - Supplemental for Sewer Plant-. Chemicals . 200 .00 - General Fund - Supplemental for Police Department- Radio Maintenance . 350 .00 - General Fund - Supplemental for Other Services & Supplies-Telephone. Councilman Titus asked about the three fire hydrants to be installed. Mr. Forbes said one inserting valve has been installed and the bill will be before the next Finance Committee meeting - it amounts to about $1,000. Mr. Chaves said there are about nine (9) more valves to go. Councilman Titus asked Mr. Forbes to have a direct report from Mr. Williams after the Water Control Board meeting tomorrow. Mr. Forbes said Mr. Chaves will be attending this meeting with Mr. Wil- liams . On motion of Councilman Ridder, seconded by Councilman Murray , the meeting was adjourned at 10:05 P.M. - • - .� M. • o See Clerk of th. Council