HomeMy Public PortalAbout1975_04_09 z13
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 9, 1975.
A regular meeting of • the Leesburg Town Council was held on
April 9, 1975 at 7:30 P.M. in the Council Chambers, 10 -West Loudoun
Street, Leesburg, Virginia. The meeting was -called to order by the
Mayor, with a prayer being offered by Councilman Ridder, and fol-
lowed by the Salute to the Flag. Present were the following: Mayor
G. Dewey Hill, Councilmen Charles E. Bange, Mary Anne Newman, Robert
A. Orr, Herbert L. Ridder, James A. Rock and C. Terry Titus; also
Acting Town Manager E. Wesley Devero and Town Attorney George M.
Martin.
. • The Minutes of the meeting of March 26, 1975 were corrected by
Councilman Titus as follows :
On Page 205, third paragraph, fifth line - "180,000 gallons"
to read "180 gallons. "
Add, on Page. 210, the resolution concerning the purchase of King
Street Properties ' land, that Councilman Titus voted agaist this strictly
on the basis that it was coming from the Revenue Sharing Funds and not
on the purchase per se.
The Minutes of March 26, 1975 were then approved as corrected and
amended. .
Mr. Jack Hawthorne, of Johnson and Williams, reported as follows :
(1 ) Concerning the water line under the Route 15 By-Pass, he de-
livered preliminary plans and specifications to Mr: Chaves tonight,
along with a materials list for this short piece of pipe. He sug-
gested that, pending Public Works Committee review of these documents ,
they go ahead and advertise this project. There is a construction
completion date of June 1, 1975 and they would be -ready to aivertise
by next Monday. He would like a resolution authorizing this. It-
Will take between three and four weeks for installation.
.(2) Concerning Nickels well, they have completed their study
of this, as well as Paxton and Myers Wells, as far as automation is
concerned. He will discuss a detailed technical report at the Public
Works Committee 'meeting on increasing the capacity of Nickels Well
by 180 gpm. Also, they can facilitate the operation of all of the
wells with some automation and some remote sensing of alarms. This
will be discussed with the Public Works Committee too.
Councilman Titus asked the status of the pipe for the Route 15
water line. Mr. Chaves advised that the amount of pipe needed has
just been received tonight. He also advised that the Highway De-
partment has no objection to this location of the pipe, as long as
it is. done by June 1. It will take about two weeks for deli very of
the pipe.
Mr. Harry Burt reported that negotiations regarding the sewer
plant have "hit the press. " He recommended that the Town Manager be
authorized to execute the Grant Application for a Step I Grant for
the Sewage Treatment Plant for submission to the Water Control Board,
this application having been prepared by Johnson and Williams. Copies
of important documents have been submitted by him to Town Attorney
Martin, along with a proposed resolution for Council ' s consideration
in terms of his (Mr. Burt ' s ) next steps towards resolving the sewer
problem.
Councilman Titus asked Mr. Hawthorne the status of the plans on
the. amended water .project insofar as the Health Department is con-
cerned. Mr. Hawthorne reported that they have received comments
from the Health Department and these have been returned .to them.
Each comment has .been discussed with them by phone and it is hoped
that approval will be received by the beginning of next week.
Town Attorney Martin and Acting Town •Manager Devero had no re-
ports for this meeting. . -
211 MINUTES OF APRIL 9, 1975 MEETING.
Councilman Ridder said he had received a comment froth a citizen
concerning the removal of parking on Wirt Street. Along with this
comment was the mention of the hazard created by the parking of the
Greyhound Bus across the street from Jock' s Exxon Station. Mr. Ridder
suggested that some other location for this bus stop be considered.
Councilman Orr agreed with the existing hazardous condition at this
corner, not only when the bus is stoppeghere, but also the fact
that there is no sight distance whaicars/rapproaching from the east.
Councilman Ridder also reported a large amount of brush at the
corner of Loudoun and Liberty Streets, creating a traffic hazard at
this location. Mr. Devero reported that instructions have been is-
sued for this to be picked up.
Councilman Titus commented, in connection with the brush at the
corner of Loudoun and Liberty Streets, that he felt the owner should
be notified that he should not pile brush in this location at all, and
that he should remove it, rather than Town Forces.
Mr. Titus also asked the status of the weeds and the brush pile
on Davis Avenue. Mr. Devero advised that funds have been set aside
for this and the Town will contact someone to do this work and then
bill the ownem for same. He said he would have to check into a com-
mitment made by the owners . -
Mayor Hill asked if any action is to be considered by Council
tonight for the brick sidewalk and tree removal on East Market Street.
Mr. Devero advised that this will be considered in one resolution at
the next meeting. •
A Public Hearing was opened at this time on the creation of a
"MC" Medical Hospital Center District in the general area of Loudoun
Memorial Hospital. Mayor Hill welcomed those present - some 50 to
60 persons crowding the Council Chambers to standing -room only, and
asked that speakers keep their remarks as short and concise as pos-
sible in order that all interested persons may be heard.
Mr. William McDonald asked exactly what is being discussed tonigit?
Mr. Forbes gave a brief history on this proposal and stated that the
hearing tonight is on the original proposal, which includes all the
Hospital property and all the properties adjacent to the -Hospital
property to the west within 250 feet of Morven Park Road, the Dr. '
Jackson property, the Wynkoop Nursing Home property, that of Dr. Orr,
James Pierpoint and the Phillips-Altizer property. He explained that
the Planning Commission, after its Public Hearing, recommended that
the area be reduced to include just the Hospital paperty,- eliminating
the stand tank property, and '_the Dr; Jackson property. This did not
include the Phillips-Altizer property. He pointed out the area in-
volved on the map and stated that it is presently zoned R-1, R-2 and
B1. He again pointed out that the hearing tonight is on the original
proposal.
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Mayor Hill asked for those in favor of the rezoning as originally
proposed. There were none.
The following persons addressed the Council for the purpose of
opposing the creation of this zone , as proposed, or for other reasons :
Mr. David Green, a resident of Cornwall and• Wirt Streets, was con-
cerned about additional traffic at this intersection. He just com-
pleted discussions with Chief Kidwell on several safety problems.
Mr. Kenneth B. Rollins, representing Manor Care, Inc. , requested
that a portion of this area, namely, the Matthews tract between Morven
Park Road and the Hospital property, be rezoned to this district for
the purpose of constructing a nursing home facility. He filed an ap-
plication for rezoning last November, requesting that this area be
rezoned from R-1 to R-2, and a Public Hearing was held by the Planning
Commission on this request. At this hearing, there was a great deal
of opposition. He then asked Council to withhold any action until
915.
MINUTES, OFAPRIL 9, 1975 MEETING .
such time as - it considered the establishment of this medical district.
He is now requesting that 3.6 acres of this 5-acre tract be rezoned
to this new medical category. He felt that it would be better zoning
if a nursing home were placed in a medically related hospital zone -
it is certainly very closely related to the various other facilities
in such• a- zone. Manor Care is one of the best nursing home:.facilities
in the country, with 19 nursing homes located in eight states in' the
United States . He recited the many fine advantages of this organi-
zation, as well as the many needs for such a facility in this com-
munity. A certificate of Need is now required by the State Health
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Department before a nursing home may be built and Manor Care has -
• such a Certificate. This proposed nursing home would take skilled
and intermediate patients, both medicare and medicaid. Even if the
present- Hospital Annex receives a waiver, it would be only temporary
and it could take only 65 to 70 patients. This will certainly not
serve the County' as far as need is concerned. • It is estimated that
50 per cent of all nursing home patients are medicaid patients. '
This site was chosen mainly because it was adjacent to the Hospital
and it_ was in accordance with the Town' s Comprehensive Plan. He
read an excerpt from the Comprehensive Plan concerning the establish-
ment of a Hospital-Medical Center in this area. It has been adopted
by both 'the Planning Commission and the Council for proposed land
use. The Comprehensive Plan also states that this tract of land
has been recommended and so designated for this medical zone . He
hoped that access to the nursing home could come from Memorial
Drive to' the 'nursing home, however, if not, then it would have to
be from Morven Park Road. A proposed subdivision is to be built in
this area and it will have access from Morven Park Road. This road
will have to be improved by the Town, whether or not there is a nurs-
ing home located here. There is a time-table involved since- Manor
Care ' s Certificate of Need has been in hand for over a year and he
did not believe they would be able to get any more extensions. He
felt there is a great need for this nursing home- and -he hoped the
Council would act in the intent of the people of Leesburg.
v.
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Mr.- Fred Flemming asked if Council is hearing just the original
proposal; or considering amendments as well. Mayor Hill. - eplied that
they are listening to arguments for amending it, 'keepinds it -is or
doing; nothing 'at all.
An unidentified citizen asked how many other facilities Manor
Care has? - The answer was- nine . She asked if any of these are im-
mediately adjacent to a hospital. Mr. Marc Rubinger, representing
Manor Care', said there are 20 nursinghomes- and 12 of- them are ad-
jacent to hospitals. She asked if the other eight are any less ef-
fective' than those next to hospitals . Mr'. Rubinger said "Not really. "
The lady said she understood nursing homes were not really an emer-
gency situation, but rather a place of peace and quiet.
Mr. William McDonald commented that Mr. Rollins seems to feel
this 'is the only place in the world to put a nursing home . Hesaid
that 80 per cent of the land zoned to .accommodate a nursing home is
sitting with nothing on it. He felt this would be spot zoning for
one request only.
Mrs. •Teokla Cox felt that the proposed area is too large and
that the integrity of the residential area of Leesburg must be pro-
tected. 0n -the •whole, the effect of Cornwall Street is . residential
and historic and she did not feel that it should be included. She
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felt that -the smaller area proposed by the Planning .Commission would
be more sensible.
Mrs . Evelyn Blackwood, an adult service worker with the Loudoun
'County Department of Social Services, said it is her responsibility
to place Loudoun County citizens in nursing homes under the medicare
and medicaid; programs. She stressed the need for a-nursing home in
Leesburg and hoped Council would consider thisinoverall zoning and
rezoning. It is close to the hospital -and the doctors and there is
an acute need tohave nursing home -patients near a' hospital. In talk-
• ing with groups and individuals interested in a-nursing- home for .
Loudoun County, it is felt that Leesburg is where it should be located.
216
MINUTES OF APRIL 9, 1975 MEETING.
Loudoun County, at this time, has 77 persons in nursing homes scat-
- tered throughout Virginia, West Virginia and Maryland' who are being
paid through the medicare and medicaida .programs. A recent survey.
on the need for nursing home beds in Northern Virginia reveals that
almost 200 beds will be needed in the next 10 years for medicaide .
patients alone. Councilman Orr commented that Mrs. Blackwood is
probably one of the leading authorities on nursing homes - she gets
patients into nursing homes when nobody else can. She does non-'
derful service to this County. Mrs. Blackwood cited a specific in-
stance concerning a patient who will have to be placed in a home in
Blacksburg because there is no place else for her. If the Hospital
is granted its reclassification, this will be for two years only.
It would take this long to build, equip and staff a new nursing home .
This critical, need must be met. In Northern Virginia,• they will need
1723 intermediate beds and approximately 150 skilled beds in the next
10 years. Loudoun has none. Questions were asked by several- members
of Council, with Mrs . Blackwood furnishing the answers. The question
was raised as to what will happen to the medicaidhpatients at the
present Extended Care Facility after the two-year period has elapsed
if the permit is not extended. Dr. Winifred Oyen, Loudoun County .
Health Director, said it is understood that these patients will have
to be allotted to acute care and, whatever happens, there have to be
more public hearings and decisions at that time. Mrs. Blackwood
pointed out that, if the permit is not granted to the Hospital, all
of the medicare and medicaidapatients will have to be moved. A
council member understood that the Governor has just said that no
more medicaid funds can go out of the State. Mrs . Blackwood said•
they are allotiaed to keep those already outside the State in those
homes, but they cannot exceed this number. -
Dr. James T. Jackson referred to the Comprehensive Plan adopted
in 1974. He felt that two of the suggestions in the discussion of
the "MC" zone would go a long way toward satisfying objections to the
proposed amendment. They are (1) care must be taken to protect the
adjoining neighborhood and (2) the "MC" zone should be kept as small
as possible, consistent with the needs of the area. He felt that
zoning more of the land than is needed would be damaging tg the value
of the land unnecessarily zoned and not used. All of the allowed
uses in the proposed amendment are adequately provided for, with the
exception of convalescent and nursing home facilities. In calculat-
ing the needs for the future, one must consider the probability of
growth of the present Hospital, which he felt would never be more
than a community hospital because of its location. It is surrounded
by many other ,similarly equipped hospitals and is so near the large
medical centers in- the District of Columbia. He understood that a
hospital is proposed for Reston as well. The new Loudoun Memorial
Hospital is constructed so that additional stories can be added if
and when more hospital beds are needed. The addition of two floors
would almost triple the present capacity of the Hospital and would
require no additional ground space. All things considered, it would
be difficult to justify making the "MC" zone larger than the 211
acres already owned by the Hospital, unless additional land" is deemed
necessary for a nursing home .
The Planning Commission has recommended that the "MC" zone be
limited to include only the Hospital and 3 acres of his land which
adjoins the Hospital property. More than two-thirds of this land
is already developed to its fullest capacity and is largely used
for medically related purposes; including the offices of 25 .doctors
and dentists. He felt that no additional benefit would be gained by
rezoning this part of the property. The balance of his land is less
than one acre and it is obvious that it is too small to provide space
for a nursing home , therefore, he could see no justification for in-
cluding it in the "MC" zone. Rezoning of this undeveloped portion •
of his land would restrict the use of it to purposes for which there is
not now nor in the foreseeable future anyneed or demand. He would
be left with land he could neither use nor sell. It would cease to
be an asset and would become a definite liability, with upkeep and
taxes and no profitable use. The two acres now fully developed is
leased .by Hand Properties, Inc. , who have built two commercial of-
fice buildings in accordance with the present zoning classification.
217
MINUTES OF APRIL 9, 1975 MEETING. -
More than one-third of the office space is now occupied by offices
of the Loudoun County .Government. This area is approximately 14,000
'square feet of floor space, which would become vacant if the County
provides its own buildings for these offices. There would be limited
or- no available market for this office space if this would happen and
if this land is zoned "MC". The 'owners would be unable to make pay-
ments on their mortgage, the mortgage holder would have no choice but
to foreclose and, since his 'land is subrogated to the mortgage, he
would completely lose ownership of his land. In view of the absence
of any appreciable benefit resulting from the. inclusion of his land
in this "MC":district and the very real damage he could experience
as a 'property owner,- he asked that Council give consideration to
the elimination 'of his land from the proposed zoning changes.
Mr.. James Chamblin, representing Mrs . Louise Whitmore;': resi-
dent of Cornwall Street and whose property would fall within the '
proposed zoning, stated that there is no objection to the concept
but there is objection to including those homes which have been
built for a long period of time in this area. He felt that Council
shoul'd' very carefully consider the contraction of this land as op-
posed to doing away with it. entirely. He also felt that this ob-
jection echoed the feelings of the other five or six property owners
within this area.
Mr. Lucas Phillips, representing Mr. Brown, Mr. Altizer, Mrs .
Phillips, Mrs . Adams and himself, all owners of land on either side
of Memorial Drive, felt that this property would not be used for 50
to 100 years . To rezone all of this area "MC" would completely de-
molish the; value ;of;:this property. It would have to be assessed at
practically nothing and he felt this would be true of a good por-
tion of. the land proposed to be rezoned in this area. This area is
not needed and the tax decrease would only hurt the Town and the County.
Mr. William W. Nickels, representing HAND Properties, which is
composed of Mr. Alderman, Mr. diZerega, Mr. Herrrbn and :himself, felt
that the recommendation of the Planning Commission should bear some
weight in this. decision. He said this area proposed is larger than
that of some of the medical schools in the country. This group of
men felt there was a need for office space for physicians and other
professionals, so they leased this land and built the existing build-
ings. The offices are presently leased todoctors, dentists and other
medically related' businesses, with some of them being leased to Loudoun
County Government offices. If downconing ormore' restrictive zoning
is enacted, this, in effect, would impair their.;security. However,
an assignment of leases would be considered if the rentals are not
paid. Their lease with Dr. Jackson provides that the building shall
be used for medically related offices and other professional offices,
including governmental and administrative offices. They would like ,
and urge, affirmation of the Planning Commission"s report insofar as
this property was recommended, along with Dr. Jackson's property to
the east, to be eliminated from the "MC" zone. In the event, this
cannot be done, he suggested another category to be inserted in the
Permitted Uses, Section 4-C, to read "Professional Uses and Govern-
mental Offices and Administrative Offices . " Beyond that, under the
law, the present uses being made of these buildings would be vested
rights,' or non-conforming uses, which could be attacked by Court pro-
ceedings, which he felt that neither they mr the Town would want.
He, therefore, requested that the portion proposed south of Gibson
Street be eliminated from "MC" zoning.
Councilman Rock questioned his referral to the Planning Commis-
sion's recommendation that this portion be eliminated. It was es-
tablishedthat this is not the Planning Commission's recommendation.
Mr. Behny Jackson echoed Mrs . Blackwood' s remarks and related
his personal experience with his mother and various nursing homes.
He wholeheartedly supported the erection of a nursing' home in Lees-
burg. •
Mrs . Mary Lee asked what is to be done with old people - it seems
that nobody cares about them. She said if other people would visit
in, the nursing homes scattered in other areas of Virginia, they would
see how badly a nursing home is needed in Loudoun County.
218
MINUTES OF APRIL 9, 1975 MEETING. .
Mr. William McDonald, a resident of 106 West Market Street, felt
that the point oI the argument has been lost. We are not arguing —
whether or not we need a nursing home. This was not brought up. be-
fore the Planning Commission at its hearing, they were arguing whether
or not the zoning should be changed of the 50 or so acres from R-1 and
R=2 to this Medical Center zoning. He felt he had been. thrown "a
curved ball, " he finds himself fighting a nursing home that has no
business being in the argument tonight. If Council should decide to
rezone some of the Phillips and Adams land on Memorial Drive for- a
nursing home, he wondered if some of these people would feel the need
for a nursing home quite as pressing as it is when talking about the
acreage on Morven Park Road. He felt "it is a case of whose ox is
being gored that determines necessity here tonight. "
Mr. Fred Flemming, whose property at 40 Morven Park Road adjoins
the Manor Care property, said there is no argument as to the need
for a nursing home facility in Loudoun. However, they did not purchase
their property with the expectation of having a nursing home for a
neighbor. He said he was denied a sewer connection, yet the Council
feels that a connection may be granted for a 120-bed facility. It is
obvious that Morven 'Park Road would have to be improved,to serve this
facility and he was not really in favor of widening this .road,.. due to
the dangers that would be created to small children in the neighbor-
hood. He felt this would be "spot zoning. " Again, he stressed that
his family does not want a commercial facility for a neighbor.
Mr. Price Haight, Assistant Administrator of Loudoun Memorial
Hospital, who was authorized and instructed by the Board ,of Directors,
said that the Board is opposed to the zoning of this property- to "MC",
particularly the property east of the old building.. . If this is zoned
to medically-related uses only, it would result in some loss of value
to this property. Also, the mortgage covering the new Hospital may be
adversely affected by down-zoning of this property.
Mr. John Waller, President of Peoples National Bank, spoke on be-
half of the Board of Directors with respect to the rezoning of this
entire tract of land. They are opposed to the rezoning of the tract
adjacent to. the Hospital from its present zoning to the "MC" zoning
which would be related merely to health care. This is based on two
factors : (1 ) Business and financial;- ;Certain loan commitments and
extensions of credit have been made to businesses and landowners in
the affected area by various lending institutions, based on the. pres-
ent zoning status. To down-zone certain parcels, and up-zone others
could possibly jeopardize the collateral 'value of the real estate and
possibly affect the repayment ability of the borrowers. ' (2). There
are and have been rules of procedure required by the Town in order to
effect the rezoning of property. Certaih owners in this affected
area have complied with these requirements and had their' property. .
zoned accordingly'. To suddenly take this zoning away, without for-
mal condemnation proceedings, would certainly seem to be arbitrary.
To up-zone property without following these same procedures would
certainly be inequitable. Therefore, the Board of Directors opposes
this rezoning and hopes it will not be done.
Colonel Michael C. G'renata, of 33 West Cornwall Street, felt that
the rezoning of this entire area would be a serious m_ istake . ' The
Hospital has a beautiful view from Market Street and it should be
preserved. He felt it would be in the interest of the Town if. the
Town bought the 4-acre tract belonging to Mr. Phillips and other's
to keep it as open space or a possible light park. Cornwall Street
is the most historic street in Town and medical buildings, in this
tract between Market and Cornwall Streets would certainly change
the character' of that area. He hoped Council would oppose this re-
zoning. He felt there is a need for a nursing home, but that there
are many other sites suitable for it in other locations.
Mr. J. A. Powers, a resident of Morven Park Road and Market Street,
felt that there is a great need for a nursing home. However, the Hos-
pital at one time offered Manor Care a tract of land directly across
from the Jackson Buildings, which tract was already zoned commercial.
They turned it down because they could get a cheaper parcel on Morven
Park Road. The Hospital is not opposed' to a nursing home . He also.
felt that a nursing home did not have to be located immediately ad-
jacent to a nursing home, but could be located within a mile or two
of it. Morven Park would have to be widened and is not suitable for
such a facility as it is. Councilman Rock asked why the Hospital
219
MINUTES OF APRIL 9, . 1975 MEETING. '
_Board would be opposed to rezoning of this tract to the east of the
Hospital if they are dickering for a nursing hoi¢e- on this property.
Mr. Powers felt that this property would be down-graded for such a
use of this property. Councilman Titus felt that the statements by
Mr. Haight and Mr. Powers are inconsistent with each other.
Mrs; Patricia Devine, a resident of Cornwall Street, felt that
, almost . any place in Leesburg is close to the Hospital and she could
' not understand why they would choose a residential area.
Doctor Orr said he would have to disqualify himself on this mat-
ter because he owns a piece of property right in the middle of the
proposed tract for rezoning. As a member of the audience, he said
. the land he owns on West Cornwall Street is leased to a family with
children. He felt it ridiculous to put his house and the property
of Mr,. ,Pierpoint and Mr. Phillips in a Hospital zone. He was against
the rezoning as proposed. •
Dr. Winifred Oyen, Director of Public Health for Loudoun County,
was concerned about. the need for a nursing home. She felt that it is
wise to have all medical facilities located in the same general area.
Councilman Titus asked where a nursing home would be built if it is
not built here. Dr.. Oyen said the plans at this time allotted 150
beds to Loudain County, with the hope that some nursing home would be
willing to build in the County. If Manor Care. does not succeed in
getting the necessary clearances, they may lose their Certificate of
Need .and will then have to hope someone else might come aloig in the
future... At this point, the overall need for beds in Northern Virginia
is such' that at least 150 beds would be allotted to Loudoun County.
If no-one else is interested in building in Loudoun. the beds could
go anywhere in Norttggs Virginia. Their first five-year plans are
that they would keep/allotted to Loudoun.
Mr. Flemming asked Mr. Rubinger if they have ffiy alternate plans
if they cannot locate on Morven Park Road. Mr. Rubinger said they
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have noother plans .at this time .
Mr. William Cox, a resident of East Cornwall Street ttwas in sym-
pathy with the - contention: of the Planning Commission thaEfis too large
a tract to be rezoned for a specified purpose . He also agreed that
this is not the appropriate use for that land between Route 7 and
Cornwall Street. With the growth of Leesburg, there will some day
be necessity for an open space in the center of the town and this
tract is - about as desirable as any. He hoped the Council would defeat
this proposal.
.Mr. James Pierpoint, 77 West Cornwall Street, whose home is lo-
cated on West Cornwall Street in the proposed area, was opposed to
this proposal and in favor of a smaller "MC" zoning for this area.
Mr. Arthur Jenkins , resident of -56 MWest Cornwall Street, was in
favor of the smaller rezoning, as recommended by the Planning Commis-
sion,. .and against the larger area.
-Mrs. Nancy Lininger, part owner of a tract of land on Morven Park
Road, asked if the Planning Commission recommended that that tract on
Morven Park Road be changed to R-2? Mayor Hill replied that the Com-
mission did -not recommend this.
Mr. John Paulr_asked if this includes the property below the water
tank. , Mayor Hill said Yes , down to the road. Mr. Paul then asked if
it is-'on record that a storm sewer would have to be installed before
this .property could be developed. Mayor Hill said this would have to
be done before any building could take place. Mr. Paul said we need
a nursing home and he did not feel that a little development in that
area would hurt anything,.:,but it need not necessarily be medically
related.
Mr:, Donald W. Devine., resident of Cornwall Street, supported the
Planning Commission' s recommendation and stated that the original tract
is too large. The buildings already on the Dr. Jackson land were de-
signed for medical offices and the like, and nobody complainedc.about
them. He found it hard to believe that the medical community would
220
MINUTES.OF APRIL 9, 1975 MEETING.
not inhabit them and, therefore, make it possible for the mortgage--
payments to be made. He felt that the Planning Commission' s recom-
mendation is consistent with the needs of the Town and that this is
a sensible category in which to put the Jackson buildings.
Mr: William Nickels said that, with respect 'to the Jackson Build-
ings, the lease provides that it shall be leased for the offices of
doctors and dentists, paramedical, pharmacies and other professional,
governmental and administrative offices. This building was built for:
the uses of the Business zoning and he asked that it be left as it is.
The Public Hearing was closed at 9 :35 P.M. , with Council- recessing
until 9 :46 P.M.
Councilman Orr left the meeting at this time .
On motion of Councilman Bange, seconded by Councilman Rock, the
following Ordinance was proposed:
WHEREAS, the Council of the Town of Leesburg, Virginia;
hitherto, at a regular meeting held on April 25, 1973,
referred the question of creating a hospital-health re-
lated district to the Leesburg Planning Commission for the
purpose of holding a Public Hearing on such question and
making recommendation, as provided by Chapter 11, Article
8, Section 15.1-493 of the Code' of Virginia of 1950, as
amended; and
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WHEREAS, the said Planning Commission studied the question
and caused a Notice of a Public Hearing to be published
on the 16th and 23rd of January. 1975 in the Loudoun Times-
Mirror, a notice in accordance with the provision of Chap-
ter 11, Article 1, Section 15.1-431 of the 1950 Code of
Virginia, as amended, that the said Commission would hold
a Public Hearing on the question referred to it, which'
Public Hearing would' be held on the 6th day of February,
1975, and which notice designated the time' and place of
such hearing; and
WHEREAS, the said Commission did hold such Public Hearing
and heard all persons desiring to be heard on the question _
of adopting the following amendments to the Zoning Ordi-
nance; and
WHEREAS, the said Planning Commission thereafter considered.
the question of adopting the following amendments and, at
a regular meeting held on the 6th day of March, 1975, the
said Commission duly adopted and recommended to the Council .
the enactment of the following amendments; and
WHEREAS, the said Council of the Town of Leesburg, Virginia,
caused a Notice of a Public Hearing on' the following amend-
ments to be published on the 20th and 27th days of March,
1975 in the Loudoun Times-Mirror, a notice in accordance
with the provisions of Chapter 11, Article 1, Section 15.1-
431 of the 1950 Code of Virginia, as amended, that the said
Council would hold a Public Hearing on the following amend-
ments to the Leesburg Zoning Ordinance, which Public Hearing
-.._- 'would be. held..ontthec'.9thaday 'Of_April ,1975,;-andLwhichcno-
tice designated the time and place of such hearing; and
WHEREAS, the said- Council did hold such Public Hearing and .
heard all persons desiring to be heard on the question of
enacting the following amendments to the Zoning Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town
of Leesburg, Virginia, that the Leesburg Zoning Ordinance be
and the same is hereby amended as follows :
Amend Section 1-1, Districts, by adding subsequent to "R-4"
Multifamily Residents District, the following :
"MC" - Medical-Hospital Center District
MINUTES OF APRIL 9, 1975 MEETING. • 221
Amend the-Zoning Ordinance by adding subsequent to the end of
Article 4-B, a new article as follows :
• ARTICLE 4-C - "MC" MEDICAL-HOSPITAL
CENTER DISTRICT - USE REGULATIONS
4-C-1 PERMITTED PRINCIPAL USES
4-C-1-1 Hospitals - General-Medical
4-C-1-2 Medical and dental offices and clinics
4-C-1-3 Apothecaries, limited to dispensing of medicines
and/or medically related appliances and devices
4-C-1-4 Diagnostic laboratories serving the medical pro-
fession
•
4-C-1-5 Buildings to be used for training interns, nurses
and medical technicians and medical dormitories
for the same . -
•
4-C-1-6 Health Department offices and facilities
4-C-1-7 Public utilities except storage yards and treatment
plants .
4-C-1-8 Convalescent and nursing homes.
4-C-2 PERMITTED CONDITIONAL USES WHEN AUTHORIZED AS A
SPECIAL EXCEPTION BY THE BOARD OF ZONING APPEALS
UNDER SUCH CONDITIONS AS IT MAY DETERMINE WILL NOT
BE DETRIMENTAL TO OTHER USES IN THE "MC"DISTRICT.
4-C-2-1 . Public utility buildings and related structures
• necessary to the furnishing of proper service in
the area but not including storage or maintenance yards.
4-C-2-2 Rooming and boarding houses •
4-C-3 PERMITTED ACCESSORY USES .
4_C=3-1 Accessory buildings and uses customarily incidental
to permitted uses.
Amend Article 8-1 by adding subsequent to the R'=4 a:equirementb
•
the P-.ollowing ::
10 Dwellings
Medical- 3 stories 10,000 sq. ft. 40 ' 15 ' 25'
Hospital or 40' Other : None
See paragraph (7 )
Amend Article• 8-1 by adding subsequent to the end of paragraph
;(6) the following :
•
(7) Maximum coverage. of land by structures . shall be 50% and
no more than 80%- for structures , parking and. other' im-
pervious surfaces.
•
' and
• BE IT FURTHER ORDAINED, by the Council of the -Town of Leesburg,
Virginia, that the Zoning Administrator be and he is hereby
authorized and directed to change the Leesburg Zoning Map
as •follows :
•
An "MC" Medical-Hospital Center District be established to
include the property owned by Loudoun Memorial Hospital and
Oggiffi
222 MINUTES OF APRIL 9:,. 1975-MEETING. -
the property described in the rezoning application of Manor
Care, Inc. , which includes 3.65 acres located on the east--
side of Morven Park Road, bounded by the property of Kirk-
patrick on the north, the property of Loudoun Memorial Hos-
pital on the east, the property of Dent on the south and
Morven Park Road on the west.
Councilman Rock stated that the Town has spent some $22,000 to
develop a Comprehensive Plan and, in connection with this;- there is
a proposed Zoning Ordinance to implement the Plan. He felt that this
is an attempt to take a part of that ordinance and squash it into the
existing Zoning Ordinance, and that there should be some agreement to
radically change the Zoning Ordinance to. implement the Comprehensive
Plan.
Councilman Newman said that, by. Act of the General Assembly, all
municipalities within the Commonwealth must adopt a Comprehensive Plan
by 1980 and we have already done this. This is the first item to be
considered under our Plan, the purpose of which is to designate areas,
for certain ;.districts . This "MC" zone is one of those areas. She
did feel, however, that the area proposed for this zone in the Com-
prehensive Plan was too large .
Councilman Rock said there are Bills being drafted in the Congress
which will govern if the communities do not implement their own Com-
prehensive Plans and Leesburg would certainly not want that. He cited,
as another example the fact that, if the Town does not go ahead with
drilling proposed wells, there will be EPA regulations which. are be-
ing drafted to follow. He could not understand why we are doing this
piece-meal when we have a Zoning Ordinance that goes along_with the
Comprehensive Plan.
Mr. Forbes explained that the new Zoning Ordinance has some four
or five other districts to be created that would be much more contro-
versial than this one . There would be a lot of extreme .downgrading
of property in the Town if this Ordinance is adopted immediately.
The Comprehensive. Plan relates to a 20-year period and he felt it
would be wrong to rezone all the land now and to have a Zoning Ordi-
nance that would apply 20 years from now when it is not needed today.
The new Ordinance as it is is just not realistic.
Mayor Hill was concerned that Councilman Rock felt the Comprehen-
sive Plan is a total loss - he felt that it is a guide for_ the Town
in the future. Mr. Rock did not feel that it is a loss at all, how-
ever; he did not want to see this worked out not in accordance with
the Zoning Ordinance and he felt that, in this particular instance ,
there are two questions hooked up that should not be - they: are two
separate questions .
Councilman Bange explained that he is merely recommending that
(this piece of land be included in the "MC" zone, it will then be up
to the Planning Commission and the Town administration to decide if
a nursing home should be constructed on this land.
Councilman Titus was more concerned with Mr . Forbes ' statement
that the Ordinance "won't fly. " He felt the Planning Commission should
have told the Council that these Ordinances (the Subdivision Ordinance
of March 1974 and the Zoning Ordinance of May 1974) are not going to be
adopted. He felt theta should be a meeting of the minds on this and
if the Planning Commission is not going, to work on it, then the Council
should. He also did not understand Mr. Nickels ' statement that the I/financing for the existing buildings is based on B-1 zoning. The
Council relied on statements at the time it was rezoned to B-1 that
these buildings were going to be built for medically-related purposes.
He felt that the nursing home problem should have been handled sepa-
rately. However, he did feel that the location proposed for a nursing
home is suitable and that the . Town is going to have- to improve Morven
Park Road regardless . He said he would support this motion, with the
understanding that the Council will receive something from the Planning
Commission on the Zoning Ordinance within the next six months.
223
MINUTES OF- APRIL 9, 1975 MEETING. -
Councilman Ridder asked for a detailed explanation of Councilman
Bahge's recommendation. Councilman Bange explained that it is meant
to exclude from the "MC" District proposedtby the_.Planning ,Commission:t
the. Jackson property on Gibson Street and the area that belongs to
the Town where the stand tank is and add the 3.65 acres located on
the east side of Morven Park Road which is described in the rezoning
application of Manor Care, Inc . He said that Manor Care proposes to
set .back 220 feet from Morven Park Road and this is the piece of prop-
erty he is including in the "MC" zone. To Mr. Bidder' s question, he
said that access from Morven Park Road would be permissible, and Manor : -
Care would be buying the entire Matthews tract. •
e ?
Mayor Hill explained that he felt he, personally, had to listen
to all of the arguments presented tonight, even though there may have
been -some confusion as to the subject to be heard. In this way, he
would know all the facts to be dealt with before voting on this re-
zoning. He referred to Mr. Benny Jackson ' s situation and explained
that he has recently experienced the same type of situation. He did
agree that there should be a joint meeting with the Planning Commis-
sion to discuss the need for these ordinances.
A roll call vote unanimously adopted the proposed Ordinance, as
shown below:
. Aye :. Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
•
Mayor Hill asked Mr. Forbes to secure a date from the Planning Commis-
sion for a joint meeting with the Council concerning th3Ordinances .
Mr. Rollins withdrew the application for rezoning from R-1 to
R-2 for the Manor Care property at this time .
Mr. Forbes pointed out that the new Zoning Ordinance can only be
adopted after the committees under the Comprehensive Plan have been
appointed, made their studies and the new districts delineated.
On motion of Councilman Rock, seconded by Councilman Newman, the
following Ordinance was proposed:
BE IT ORDAINED, that Sec. 13-121. Generally, of Division
3, Payments to Municipality in Settlement of Illegal
Parking Charge, of Article IV. Stopping, Standing and
Parking, of Chapter 13. Motor Vehicles and Traffic;:-of
the Code of the Municipality of Leesburg, Virginia, be
and it is hereby amended to read as follows :
Sec. 13-121. Generally.
the charge against Any person
.forsuchaillegaly eparking compromise and y a
paying
to the municipality the sum of five dollars before the
next court date, which is on the first and third Mondays
of each month at 2 :00 P.M
The Ordinance was unanimously adopted, as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None. •
On motion of Councilman Titus , seconded by Councilman Ridder, the ,4
following resolution was proposed: -
•
BE IT RESOLVED, that the following job classifications and
. pay grades be adopted for inclusion in the Personnel Manual
as -Pages 36.1, 36.2, 36.3 and 36.4, Utility Plants Division,
Public Works Department (see attached) .
After explanation by Mr. Devero and some little discussion, the reso-
lution was unanimously adopted, as shown: Mr. Devero is recommending
Mr. McGehee' s promotion effective April 11, 1975.
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
224 MINUTES OF APRIL 9, 1975 MEETING. : -
On motion of Councilman Bange, seconded by Councilman Titus, the
following resolution was proposed: •
WHEREAS, on September 19, 1922, a plat of Fairview Subdivi-
sion was recorded showing the location of existing streets
and alleys as dedicated for public use, and
•
• WHEREAS, Section 5219 . Volume II of the 1919 Code of VirL.
. ginia defines the effect of the recording of such plats, and
WHEREAS, at the. present time the Town has a water line in
an alley bounded by Lot 15, Block D; Lots 15 & 30, Block E;
Lots 15 & 30, Block F; Lots 1 & 14, Block I; Lots 1 & 13,
Block H; and Lot 1, Block G; of the Fairview Subdivision
as recorded,. which line will be replaced in the very near
future with a larger line,
•
NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg
hereby asserts its rights of ownership to the said alley
and serves notice to the adjoining property owners• of the
forthcoming replacement of said water line .
There followed discussion, during which it was felt that the Town
should assert its rights to all streets and alleys in Fairview Sub-
division; also, that the water line might not be replaced. Mr. Fletcher
was notified that this item would be considered tonight and no reply
was received from him. On motion of Councilman Titus, seconded by
Councilman Rock, the resolution was amended to read as follows :
WHEREAS, on September 19, 1922, a plat of Fairview Subdivi-
sion was recorded showing the location of streets and alleys
dedicated for public use, and
WHEREAS, Section 5219, Volume II of the 1919 Code of Virginia
defines the effect of the recording of such plats; --
.NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg
hereby asserts its rights of ownership in all such alleys
and streets platted with Fairview Subdivision. .
This amendment was unanimously adopted and the resolution, as amended
was then unanimously adopted, .as shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
.Mayor Hill. .
Nay: None.
It was felt that Mr. Fletcher should be notified of this action, with
an explanation that the Town may replace the waterline. Councilman
Titus said Mr. Fletcher had remarked that he could claim this prop-
erty by adverse possession of public property; -however; -Mr. Martin
has advised that there is no such thing.
On motion of Councilman Rock, seconded by Councilman Newman, the
following Ordinance was proposed: • • • •
BE IT ORDAINED, that the following amendments be made to'
Chapter 21, Article III, of the Town Code "Business, Pro-
fessional and Occupational Licenses " :
•
DIVISION 1 - Generally. - •
•
Section 21-7 Same.
01 " 21-8 Revised.
" 21-9 Revised.
V " 21-10 Revised. - Title changed to "Required gener-
ally, violation of chapter pro-
hibited, penalty defined".
21-11 Revised. - Title changed to "Procedure for
obtaining license".
21-11.1 New Section - "Information to be furnished
by applicant".
2.25
MINUTES OF APRIL 9, 1975 MEETING.
•
- Section 21-12 New Section - "Persons on whom taxes imposed
generally; taxation of non-resi-
dents; business taxed by other
jurisdiction".
" 21-13 Revised - Title changed to "License to be
personal privilege; suspension".
21-14 New Section - "Nonfraudulent failure to pay:
tax".
21-15 New Section - "Assessment in cases of fraudu-
lent intent to evade license
' " 21-16 Revised.
It21-17 Deleted. taxes; penalty".
" 21-18 Revised.
." 21-19 Revised. - Title changed to "License tax pro-
ration".
21-20 Revised - Title changed to "Assessment of
additional tax".
" 21-21 Revised - Title changed to "License for
persons beginning business , pro-
fession, etc. "
" 21-22 Revised.
21-23 Revised - Title changed to "Required records
and reports".
" 21-24 Deleted. -
" 21-25 New Section - "Refunds".
" 21-26 Revised.
" 21-27 Revised.
" 21-28 New Section ,- "Procedure for amending chapter" .
" 21-29 Revised - Title changed to "Enforcement of-
ficial; production of books and
papers".
" 21-30 Revised.
" 21-31 Revised.
" 21-32 New Section -"Compliance with Zoning Regula-
tions".
DIVISION 2 - License Tax Schedule.
Section 21-33 Revised.
21-33.1 Same.
" 21-34 Revised.
" 21-35 Revised.
" 21-36 Revised - Delete (A) Old Age Homes
(B) Massage Practitioners,
Masseurs, X-Ray Laboratory
" , 21-37 Revised.
al 21-38 Same.
21-39 Revised.
21-40 Revised - New Title "Alcoholic Beverages".
" 21-41 Same.
" 21-42 Revised.
" 21-43 Revised.
. " 21-44 Revised.
" " 21-45 Same.
" . 21-46 Same.
". . 21-47 Revised - Delete "Oculist" $100.00"
Add "Ophthalmologist $100.00"
21-47.1 Revised. .
. " . 21-47.2 New Section - "Professional Corporation".
!' • , 21-48 Revised.
' " . 21-49 . Revised. .
21-50 Revised.
" 21-51 Revised.
" . ' 21-52 Revised.
" ' 21-53 Same .
" 21-54 Same.
" 21-55 Same . •
21-56 New Section. - Building and Loan Associations
. and Savings and Loan Associations.
226 MINUTES .OF APRIL 9, 1975 -MEETING.
Councilman Rock explained the changes in this Ordinance and further
minor changes were made. Town Attorney Martin pointed out 'that, by
legislative action, no changes can be made in the license fees. It
was suggested that perhaps the Code Corporation should check this
out before its adoption, however, it was decided that this should
not be done. During discussion, it was suggested that a Law Review
Committee be appointed to work on Ordinances, with Mayor Hill ap-
pointing the Finance and Administration Committee to look into such
a committee further. The Ordinance was then adopted by a vote of 5
to 1 abstention, as shown below :
Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Hill.
Nay: None.
Abstention: Councilman Titus. •
A copy of the full Ordinance may be seen in the Office of the Town
Manager.
On motion of Councilman Rock, • seconded by Councilman Newman, the
following resolution was proposed: -
WHEREAS, a Comprehensive Plan for the Town of Leesburg was
adopted on June 25, 1974, and •
WHEREAS, the said- Plan recommends that certain studies be
made in furtherance of its implementation, and
•
WHEREAS, the Leesburg Planning Commission has -determined that
such studies should be coordinated by committees and has made
its recommendations to Council,
NOW, THEREFORE, BE IT RESOLVED by the Council for the Town
of Leesburg, Virginia, that the following committees, be,
and they are hereby established:
(1) COMMITTEE ON THE OLD AND HISTORIC DISTRICT.
•
Its membership shall be composed of the following five
(5) persons : , a member of the
Leesburg Planning Commission, - , a
member of the Leesburg Board of Architectural -Review,
and
, citizens of the Town of Leesburg .
The Committee on the Old and Historic District will co-
ordinate and/or conduct : (1) A comprehensive physical survey
and analysis of the 1878 Old and- Historic District, (2) An
economic survey and analysis of the, 1878 Old and Historic Dis-
trict, and (3) A physical design. plan for the 1963 Old and
Historic District.
•
The purpose of a comprehensive physical survey and analysis
of the 1878 Old and Historic District is to identify the his-
toric, aesthetic and cultural nature of all properties and
groups of properties within the 1878 portion of the historic
district and the following should be considered: 1. Building
• coverage and total building square footage by use, 2. Land
- use identification by general and specific use, 3. Building
height, 4. General building condition and structural condi-
. tion, 5. Architectural features, grounds and vistas, 6. Land-
scaping and open space, 7. Historical significance, 8. Altera-
tion
of design, 9. Building potential, 10. Ease of conversion,
and 11. Owner commitment.
The purpose of an economic survey and analysis of the 1878
Old and Historic District is to determine in greater detail the
various trends in land values and uses of the 1878 portion of
the Old and Historic District, and the following - should be de-
termined: 1. Land values, 2. Land use trends,-- 3. Property taxa-
tion, 4. Economic markets, 5. Development strategies, and 6.
Needs of resident population.
9)'(
MINUTES OF APRIL 9, 1975 MEETING.
The purpose of a physical design plan for the 1963 Old
and Historic District is to establish a design concept and
strategy for the Central Business District within the 1963
Old and Historic District and the following should be con-
sidered: 1. Establish a concept for massing, 2. Establish
a concept for scale, 3. Establish a concept for landscaping,
4. Encourage development of existing vacant land, 5. Encourage
development of infill structures, 6. Discourage razing of
structures, and 7. Encourage recycling of building materials.
The Committee shall study the feasibility of hiring a
consultant and submit a preliminary report, including cost
estimates.
The Committee shall report to the Planning Commission
periodically for recommendation to the Council.
The Committee will function for the purposes hereinbe-
fore stated until such time as a physical design plan for the
Old and Historic District is accepted by the Council .
(2) COMMITTEE ON PHYSICAL DESIGN, LANDSCAPING AND RECREATION.
Its membership shall be composed of the following five
(5) persons : , a member of the
Leesburg Planning Commission, , a
member of the Leesburg Board of Architectural Review,
, and
, citizens of the Town of Lees-
burg, Virginia.
The Committee will coordinate the preparation of : (1)
a Physical Design Manual for Leesburg, (2) a Town Landscaping
Plan and Landscaping Design Manual, and (3) a detailed pro-
gram and priority schedule for open space, recreation and pe-
destrian/bike paths as outlined on pages 137 through 144 of
the adopted Comprehensive Plan.
The purpose of a Physical Design Manual for Leesburg is
to establish design guidelines for a broad range of private
and public improvements and facilities and the following should
be taken into consideration : (1) Proto-typical design solu-
tions , (2) Site layout, (3) Building forms , and (4) Standards .
The purpose of a Town Landscaping Plan and Landscaping
Design Manual is to establish a private and public improvement
program with adopted standards and an overall design concept
and strategy.
The Committee shall study the feasibility of hiring a
consultant for the preparation of the Manuals and Plans and
submit a preliminary report , including cost estimates.
The Committee shall report to the Planning Commission
periodically for recommendation to the Council.
The Committee will function for the purposes hereinbefore
stated until such time as the final Manual and Plans are ac-
cepted by the Council.
' (3) COMMITTEE ON INDUSTRIAL DEVELOPMENT.
Its membership shall be composed of the following (5)
persons : , a member of the
Leesburg Planning Commission,
a member of the Leesburg Board of Architectural Review,
,
and , citizens o the Town o
Leesburg, Virginia.
22.8
MINUTES OF APRIL 9, 1975 MEETING.
The Committee will conduct a study and prepare a . re-
port on what industries are potential members of the com-
munity ; identify available sites , costs and utilities ; recom-
mend appropriate inducements or incentives ; and consider
ownership and development by the Town of its own :Industrial
Development Commission.
The Committee shall report to the Planning Commission
periodically for recommendation to the Council.
The Committee will--function for the purposes hereinbe-
fore stated until such time as a final report is accepted by
the Council, or an Industrial Development Commission is es-
tablished.
(4) COMMITTEE ON FUTURE GOVERNMENTAL SPACE NEEDS.
Its membership shall be c apposed of the following five
(5) persons : , a member of the
Leesburg Planning Commission, , a
member of the Leesburg Board of Architectural Review,
and , members of the Town adminis-
trative staff.
The Committee shall conduct a study and prepare a report on the
Leesburg Town Government Future Space Needs for determining the
needs for all functions of municipal government to the year 1990.
The Committee will consider the following: (1) Municipal office
space needs, (2) Maintenance functions space needs, (3) Fire De-
partment space needs , and (4) Other space needs if city status
is attained prior to 1990. Any recommendations on location of
future municipal buildings should be coordinated with the studies
and recommendations of the Committee on the Old and Historic
District .
The Committee shall study the feasibility of hiring a con-
sultant
and submit a preliminary report, including cost esti-
mates to the Council.
The Council shall submit the report to the Planning Commission
for its recommendations .
The Committee will function for the purposes hereinbefore
stated until such time as a final report is accepted by Council.
There was considerable discussion concerning these committees, with
Councilman Titus offering the following amendments , seconded by Coun-
cilman Ridder:
In Sections (1) , (2) , and (3) , strike "citizens of the Town
of Leesburg, Virginia" from the end of the first paragraph,
and in Section (4) , strike "members of the Town administrative
staff. "
Also, in Sections (1) , (2) and (3) , strike the word "periodi-
cally" in the next to last paragraph and substitute the word
"regularly. "
The last paragraph of Section (4) should read as follows:
"The Committee will function for the purposes hereinbefore
stated and report regularly to the Council until such time
as a final report is accepted by Council.
There followed discussion on these amendments , with Councilman Bange
feeling that all members on these committees should be citizens of
the Town of Leesburg or, at least , of the County of Loudoun. Mr.
Charles Jones , on behalf of the Steering Committee of the Leesburg
Downtown Business Association, stated that they have members who
live just outside the corporate limits who would like to serve on
these committees , particularly the Industrial Development Committee.
He also suggested that the Industrial Committee be renamed to "Economic
and Industrial Committee." They feel that the economic aspects are
very important , as well as the industrial aspects . The amendment was
229
MINUTES OF APRIL 9, 1975 MEETING.
then adopted by a vote of 5 to 1, as shown :
Aye : Councilmen Newman, Ridder, Rock, Titus and Mayor Hill.
Nay: Councilman Bange .
The resolution, as amended, was then adopted by a vote of 5 to 1,
as shown:
Aye : Councilmen Newman, Ridder, Rock, Titus and Mayor Hill.
Nay: Councilman Bange.
Mr. Jones will furnish to the Town Manager a list of those people in-
terested in serving on these committees and these names will be turned
over to the Mayor for the next meeting.
On motion of Councilman Rock, seconded by Councilman Newman, the
following resolution was proposed:
BE IT RESOLVED, that the following appropriations be made:
$ 8, 125 . 97 - Rt . 7-Catoctin Circle Project , Va. Dept. of
Highways - 1971 Bond Issue.
125 .00 - Fisher-Bishop Project , Legal Fee (E. B. White) -
Minor Glenn Easement - 1971 Bond Issue .
150 .00 - H. Wendell Kline, Appraisal of IGA Building-
Purchase of Property - General Fund-Acct.
#800. 910.
1,000.00 - Supplemental Appropriation - Payment to Paxton
Home - Utility Fund-Acct. #1300. 109.
2 , 792.50 - George M. Martin - Legal Fees
$ 45 .00 - Airport Fund.
160.00 - 1971 Bond Issue .
540 .00 - General Fund-Acct . #200 . 118.
2,047 . 50 - Utility Fund-Acct. #1300. 118.
3 ,812.40 - Hazel Construction Co. - Pizza Hut Storm
Sewer Project - General Fund-Acct. #800. 914.
There was some discussion concerning the payment to Hazel Construction
Co. on the Pizza Hut Storm Sewer Project, but this was explained by Mr.
Devero. Councilman Titus pointed out that the owners of this property
should be billed for their commitment of $1,000 on this project. The
resolution was then unanimously adopted, as shown:
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
On motion of Councilman Titus , seconded by Councilman Ridder,
the following resolution was proposed:
BE IT RESOLVED, that Performance Bond for physical improve-
ments in Leesburg Estates, Section 3, in the amount of
$35,539.35, be extended to April 19, 1976, in accordance
with letter received from Bonding Company.
This resolution was explained by Mr. Devero, with discussion following.
It was felt that this bond would not be extended again and the develop-
er should be informed of this . Councilman Titus also asked that, in
the future, requests for extensions come before Public Works Committee
before they are presented to the entire Council. The resolution was
then unanimously adopted, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
230
MINUTES OF APRIL 9, 1975 MEETING .
On motion of Councilman Ridder, seconded by Councilman Bange,
the following resolution was proposed:
WHEREAS, the Town is in receipt of a letter from Richard T.
Embrey, requesting a waiver of the requirements of Section
20-22 of the Town Code since there is no curb, gutter and
sidewalk on the presently dedicated area of Valley View
Avenue, and
WHEREAS, Mr. Embrey has committed himself in5said letter
to install, at his expense, curb , gutter and sidewalk, in '.
front of a lot owned by him on Valley View Avenue and to
pay for one-half of the pavement when the street is de-
veloped,
NOW, THEREFORE, BE IT RESOLVED, that the Town will grant
permission to Mr. Embrey to build an entrance to his lot
off of Valley View Avenue , provided that he builds an all-
weather surface road connecting the existing pavement to
the entrance to his lot , and
BE IT FURTHER RESOLVED, that the Town accepts his commit-
ment to pay for the installation of curb and gutter and
sidewalk and one-half of the street pavement at a later
date when the street is developed.
There was considerable discussion on this proposed resolution and it
was pointed out that Valley View is not a dedicated street. Mr.
Forbes advised that he would not be able to issue a Zoning Permit
on a street that is not dedicated. It was felt that this problem
should be explored further and, on motion of Councilman Bange, sec-
onded by Councilman Newman, the resolution was referred back to the
Public Works Committee for further study, with the vote being shown
below:
Aye : Councilmen Bange, Newman, Ridder, Rock and Mayor Hill.
Nay : None.
Abstention : Councilman Titus .
On motion of Councilman Bange, seconded by Councilman Titus, the
following resolution was proposed:
BE IT RESOLVED, that the Town of Leesburg accepts the Modi-
fication of Easement Agreement tendered by James W. Hutchi-
son and Laura D. Hutchison providing for an easement across
property owned by James W. Hutchison and Laura D. Hutchison
located in the Town of Leesburg, Loudoun County, Virginia, and
BE IT FURTHER RESOLVED, that the Mayor and Town Clerk are hereby
authorized and directed to enter into the document of Modifi-
cation of Easement Agreement as signatories indicating the
acceptance of this Agreement, and
BE IT FURTHER RESOLVED, that the law firm of Ottinger, Nalls &
Chamblin be directed to prepare and place before the Circuit
Court for Loudoun County an Order of Dismissal, dismissing
the Motion for Declaratory Judgment tiled by the Town of
Leesburg against James W. Hutchison and Laura D. Hutchison,
At Law No. 4568.
After explanation by Councilman Titus , the resolution was unanimously
adopted, as shown :
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay : None .
On motion of Councilman Titus , seconded by Councilman Bange, the
following resolution was proposed:
9 " 1
MINUTES OF APRIL 9, 1975 MEETING. -
BE IT RESOLVED, that the Town of Leesburg will accept from
Sorensen Construction Company, at such time as it is ten-
dered, a sufficient deed of bargain and sale with general
warranty of title and in fee simple to that certain parcel
or tract of land, together with an easement of ingress and
egress , as indicated on plat submitted to this Council en-
titled Portion of the Land of Sorensen Construction Corpora-
tion, Town of Leesburg, Loudoun County, Virginia, prepared
by Loudoun Engineering and Surveys , Inc . , dated 3/24/75 , and
accompanying this resolution.
After some little discussion, the resolution was unanimously adopted, .z
as shown: t-
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
On motion of Councilman Ridder, seconded by Councilman Bange, the
following resolution was proposed :
; :BENT RESOLVED that, upon receipt of the signed Modification
of Easement Agreement tendered by James W. Hutchison and
Laura D. Hutchison, the Town Manager be directed to advertise
for bids on the construction of a sanitary sewer within the
said easement, according to construction plans prepared by
W. W. Wilson, and that bids be requested from three compa-
nies, these bids to be returned by May 2, 1975, with opening
for May 5 ,' 1975 , and
BE IT FURTHER RESOLVED, that all bidders be instructed, in
writing , that access will be only from the west property line
of James W. and Laura D. Hutchison, and that the Town will
not be responsible for any trespass outside the easement
provided through the Hutchison property.
After discussion, the resolution was unanimously adopted, as shown :
Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
On motion of Councilman Ridder, seconded by Councilman Titus ,
the following resolution was proposed:
RESOLUTION OF GOVERNING BODY OF APPLICANT
V
Resolution No. Town 's Resolutions are not Project No. WS-VA-79
numbered, only dated. Date
of resolution is
Resolution authorizing filing of application with the De-
partment of Housing and Urban Development, United States
of ..'America, for a grant under P.L. 89-117 .
WHEREAS, pursuant to P.L. 89-117 the United States of
America has authorized the making of grants to public
bodies to aid in financing the construction of basic
water and sewer projects :
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
Leesburg
1. That G. Dewey Hill, Mayor, be and he is hereby author-
ized to execute and file an application on behalf of the
Town of Leesburg in Virginia with the Department of Hous-
ing and Urban Development, United States Government, for
a grant to aid in financing the construction of the Po-
tomac River Water Supply Project, and an assurance of ri
compliance with the Department of Housing and Urban De-
velopment regulations under Title VI of the Civil Rights
Act of 1964.
232
MINUTES OF APRIL 9, 1975 MEETING .
2. That E. Wesley Devero, Acting Town Manager, be and
he is hereby authorized and directed to furnish such in-
formation as the Department of Housing and Urban Develop-
ment may reasonably request in connection with the appli-
cation which is herein authorized to be filed.
It was explained that this is no more than a reaffirmation of the
previous application made by Mr. Rollins and Mr. Ritter in order
to qualify for a HUD Grant for the Modified Potomac River Water
Project . The resolution was unanimously adopted, as shown:
1
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
r Nay : None.
On motion of Councilman Titus , seconded by Councilman Ridder,
the following resolution was proposed and unanimously adopted, as
shown:
WHEREAS, Bid Documents for Test Wells , together with speci-
fications for the construction and development of test wells,
drawn by Johnson and Williams , have been reviewed and approved
by the Department of Public Works , the Town Manager and the
Town Attorney,
NOW, THEREFORE, BE IT RESOLVED, that the Bid Documents for
Test Wells , together with specifications for the construction
and development of test wells, drawn by Johnson and' Williams ,
be approved, subject to amendment of Page ADV. -1 for the
three-day period between receipt and opening of bids .
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
On motion of Councilman Titus , seconded by Councilman Bange, the
following resolution was proposed:
WHEREAS, the Town is holding a Performance Bond for Tri-
County Asphalt for the resurfacing of various streets for
the Town, and
WHEREAS, the work has been completed satisfactorily,
NOW, THEREFORE, BE IT RESOLVED, that the Performance Bond
of Tri-County Asphalt for the bituminous concrete surfacing
of various streets be released.
After explanation by Mr. Chaves and some little discussion, during
which it was felt that all Performance Bonds should have a Mainte-
nance Bond attached, the resolution was unanimously adopted, as
shown:
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill
Nay: None.
On motion of Councilman Newman, seconded by Councilman Bange,
the following resolution was proposed and unanimously adopted, as
shown:
BE IT RESOLVED, that the Loudoun Business & Professional
Women 's Club is hereby granted a waiver of fee for a raffle
permit until June 30, 1975 .
Aye: Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None .
t Mayor Hill advised that he has received a letter from Hunter M.
Leach, Chairman of the Planning Commission, advising that Edwin K.
Cross has resigned from the Commission and that a recommendation for
a replacement would be forthcoming after their April 3 meeting. He
asked Councilman Bange to advise the Commission that Council has not
received a recommendation for a replacement.
L> n
MINUTES OF APRIL 9, 1975 MEETING.
A letter from Commonwealth ' s Attorney Donald W. Devine was
read concerning a Seminar to be held on Tuesday, April 15th in
Harrisonburg on the Alcohol Safety Action Project, this letter
asking that Council have a representative present. Chief Kidwell
said he and Lt. Lloyd plan to attend and Council designated them
to attend on behalf of the Council, as well as the Police Depart-
ment.
Acting Town Manager Devero reported that a letter has been re-
ceived from Bengtson-DeBell, stating that they have reviewed the
amendments to the Zoning and Subdivision Ordinances on off-site
charges and they find them satisfactory. They have also informed
us that the Environmental Protection Agency guidelines are being
followed in connection wittane infiltration/inflow study. We have
also received the easement/from Dewberry, Nealon & Davis .
On motion of Councilman Titus , seconded by Councilman Bange,
the following resolution was offered:
BE IT RESOLVED, that the Town Manager is hereby authorized
to request bids on a water line along Route 15 south through
the area under construction of the Route 7 By-Pass, accord-
ing to plans and specifications prepared by Johnson and Wil-
liams, and
BE IT FURTHER RESOLVED, that the Town Manager is hereby di-
rected to obtain any necessary permits from the Virginia De-
partment of Highways.
After discussion, the resolution was unanimously adopted, as shown :
Aye : Councilmen Bange , Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay: None.
On motion of Councilman Titus , seconded by Councilman Newman,
the following resolution was proposed and unanimously adopted, as
shown :
BE IT RESOLVED, that the Town Manager is hereby authorized
to sign and submit to the State Water Control Board the Grant
Application for a Step I Grant (as prepared- by Johnson and
Williams) for the purpose of increasing capacity in the Town
of Leesburg ' s Sewage Treatment Plant .
Aye : Councilmen Bange, Newman, Ridder, Rock, Titus and
Mayor Hill.
Nay : None .
On motion of Councilman Ridder, seconded by Councilman Rock, the
meeting was adjourned at 12 :35 A.M. on April 10, 1975 .
/ /
Mayor' /
C erk o , e Counci
36.1
Technical Group :
Grade 10
•
UTILITY PLANT OPERATOR CLASS I
•
GENERAL DUTIES:
Operates Treatment Plant on any shift, runs required laboratory
analysis, and related duties as required. -
DISTIbGUISHING FEATURES:
Licensed by the Department of Professional and Occupational _
Registration, Commonwealth of Virginia.
MINIMUM RQUIREMENTS:
Class I: •
(a) Bachelor of Science degree in science or engineering and two
years of responsible charge of operation of treatment plants of
Class II or higher, or •
(b) Four years of college with a major in science and three years of
responsible charge of operation of treatment plants of Class II
or higher, or
(c). Holder of Class II certificate with five years of •acceptable
operating experience, two years of which are in responsible
charge.
REPRESENTATIVE EXAMPLitS OF TASKS: (Illustration only)
Plant Operator res;-onsible for operation and laboratory analysis
on his or her shift; keeps daily log of plant operation; and other '
duties as directed by Superintendent of Assistant Superintendent.
•
� ,a
36. 2
Technical Group
Grade 9 ,
UTILITY PLANT OPERATOR CLASS II
GENERAL DUTIES: .
Operates Treatment Plant on any shift, runs required laboratory
analysis, and related duties as required.
DISTINGUISHING FEATURES:
Licensed by the Department of Professional and Occupational
Registration,-Commonwealth of Virginia. .
MINIMUM R=QUIPEMENTS:
Class II:
(a) Bachelor of Science degree in science or engineering and one year
of resronsible charge of operation of treatment plants of Class III •
or higher, or
(b) A_stciate of Applied • Science degree in environmental technology
awarded after completion of a two-year course in water and waste-
water plant operation and two years of:acceptable experience in
operation of treatment plants of Class III or higher, one year of
which is in responsible charge, or _
(c) Two years of college with major in engineering, bacteriology,
chemistry, or public health and three years of acceptable .
experience in operation of treatment plants of Class III or
higher, one year of which is in responsible charge, or
(d) Graduation from high school and five years of acceptable experience
in operation of treatment plants of Clsss III or higher, one year
of which is in responsible charge, or
(e) Holder of Class III certigicate and four years of acceptable
experience in plant operation. .
R:=PR_SEFTATIVE EXAMPLES OF TASKS: (Illustration only)
Plant Operator responsible for operation and laboratory analysis
on his or her shift; keeps daily log of plant operation; and other
duties as directed by Superintendent or Assistant Superintendent.
.4.
1
36.3
Technical Group
Grade 8
UTILITY PLANT OPERATOR CLASS III •
•
•
GENERAL DUTIES:
•
Operates Treatment Plant on any shift, runs required laboratory
analysis, and related duties as required. •
DISTINGUISHING FEATURES:
Licensed by the Department of Professional and Occupational •
Registration, Com_lonwealth of Virginia.
MINIMUM REQUIREMENTS:
Class III: •
(a) Graduation from high school with training in chemistry or bac=
teriology and one year experience in operation of treatment plants
of Class IV or higher, or -
b) Two years of high school or successful completion of two or more
specialized training courses, and two years acceptable operation
of treatment plants of Class IV or higher, or
(c) Successful completion of one or .more specialized training courses,
and three years acceptable operation of treatment plants of Class
IV or higher, or
(d) Holder of Class IV certificate and four years of acceptable in-
plant operation.
REPRESENTATIVE EXAYIPLES OF TASKS: " (Illustration only)
Plant Operator responsible for operation and laboratory analysis
on his or her shift; keeps daily log of plant operation; and other
duties as directed by Superintendent or Assistant Superintendent. '
. t.
36.4
Technical Group •
Grade '7
UTILITY PLANT OPERATOR CLASS IV
GENERAL DUTIES:
Operates Treatment Plant on any shift, runs required laboratory
analysis, and related duties as required.
DISTINGUISHING FEATURES:
Licensed by the Department of Professional and Occupational
Registration, Commonwealth of Virginia.
MINIMUM REQUIREMENTS:
Class IV: Grammar school (8th grade) or equivalent education,
completion of at least one specialized training course, and one year
acceptable operating experience.
REPRESENTATIVE EXM:PLES OF TASKS: (Illustration only)
Plant Operator responsible for operation and laboratory analysis
on his or her shift; keeps daily log of plant operation; and other
duties as directed by Superintendent or Assistant Superintendent.
•
I-
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