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HomeMy Public PortalAbout1988_11_22 r 147 MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL November 22, 1988 A regular meeting of the Leesburg Town Council was 'held in the Council Chambers, 10 Loudoun Street,S.W., Leesburg, Virginia on November 22, 1988 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Councilmember Tolbert and the Salute to the Flag led by Councilmember Lavin. Present were: Mayor Sevila, Councilmembers James E. Clem, Christine Forester, Donald A. Kimball, Claxton E. Lovin, William P. Mulokey and John W. Tolbert, Jr. Also present were Planning Commissioners Gheen, Johnson, Jackson; Darling and Belles. 'Staff present included: Town Manager Jeffrey H. Minor, Director of Engineering and Public Works Thomas A. Mason, Director of Finance Paul York and Assistant Director of Planning, Zoning and Development Jay A. Hicks. On motion of Mr. Tolbert, seconded by Mr. Lovin, the:minutes of the regular meeting of September 13, 1988 were unanimously approved. Petitioners Mr. Fred Flemming, representing the Small Business Assistance Center, addressed the Council to orient and brief members of Council of the center. He stated the center is a non-profit corporation that opened for business on June 16, 1987 and is sponsored by!three local organizations, Loudoun County, Loudoun County Chamber of Commerce and the Northern Virginia Community College (Loudoun Campus). The primary source of funds is from Loudoun County and to-date, over the past 3 fiscal years, Loudoun County has contributed $50,000.00. Also received, approximately three years ago, was a $10,000 grant from the Loudoun County Industrial Development Authority. The principal service that is offered to the public is free, one-on-one, confidential counseling for people interested in going into business. Another service is to organize and provide seminars and workshops that are oriented towards assisting small businesses. A third service is to maintain a library of free, small business administration pamphlets. Mr. John Pumphrey, representing the Leesburg Volunteer Fire Department, addressed the Council requesting the town give serious consideration to locating afire station as part of a public safety facility on the ten acres of property that was proffered as part of the Exeter Subdivision. JOINT PUBLIC HEARING - REGARDING AMENDMENT TO LEESBURG ZONING ORDINANCE CONCERNING A REDUCTION IN THE MINIMUM SETBACK REQUIRED OF SWIMMING POOLS AND ANY ASSOCIATED WALKWAY OR DECK Jay Hicks - gave a brief staff report explaining that the proposed ordinance amendment would permit swimming pools below three feet above grade to encroach within 6 feet of a property boundary. A three foot separation from the property boundary to any decking or paving associated with the pool, would be guaranteed. The ordinance currently prohibits encrnaehing within 10 feet of the property boundary, with any portion of the swimming pool Mr. Sonny Pearson, 214 North King Street, explained that he was the reason for the public hearing and briefly explained the process that he has gone through to build a swimming pool at his residence. His lot was zoned in the 1800's and is 36'8" wide x 267' deep. Plans were drawn up and submitted to the town, at which time, he was told that the setback had been changed to 10 feet,which allowed for a 16' pool. He talked to all surrounding neighbors and',was met with no adverse reactions. He talked, informally, to members of the BZA and was told that they could not grant a variance because all of the requirements of a hardship could not be met. Mr. Pearson is now petitioning the Town Council. Dr. James Gable, 220 North King Street, addressed the Council stating that Mr. Pearson's swimming pool is a great idea, further explaining that.he and Mr. Pearson live in the historic district and in many ways, pay a penalty for living there. The lots here, do not confera to the rules of the town's ordinance, today. These lots, happened in the 1800's and they need special exceptions. Mayor Sevila requested the Planning Commission report back to Council, on this item, following their meeting of December 1, 1988, for consideration by Council at it's committee meeting of December 7, 1988. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of Mr. Tolbert, seconded by Mr. Clem, this matter was referred to the Administration and Public Works Committee meeting of December 7, 1988. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokep; Tolbert and Mayor Sevila is Minutes of November 22, 1988 Nay: None Councilmember Comments Mr. Mulokev wished to thank Mr. Minor for his prompt action in getting a letter out to VDOT regarding the Route 841 and Route 7 aigonli7stion. Mr. Lovin stated that on November 11, he had the opportunity to attend the dedication of the Loudoun County Vietnam Memorial ceremony. It was a very moving ceremony and he commends the town on it's efforts towards this ceremony. Mr. Clem echoed Mr. Lovin's comments on the Vietnam Memorial ceremony. Mr. Kimball commented on the Listening Session, noting that there will only be one during the month of December. Mrs. Forester also concurred with the comments on the Vietnam Memorial ceremony. The Planning Commiaeon is making progress on the ordinance revisions and hope to meet the deadline of December 5. Mr. Tolbert concurred with the comments on the Vietnam Memorial ceremony. Manager's Report Mr. Minor mentioned that the Council did receive a copy of the written Activity Report on Monday. The town has made an offer to a candidate for the position of Director of Planning, and Development. A decision should be made very soon. Zoning Mr. Minor read a memorandum to the Mayor and Council regarding the creation of the Loudoun County Transportation District. Legislation On motion of Mr. Clem, seconded by Mr. Tolbert, the following items were proposed as consent items and unanimously adopted. 88-0-40 - ORDINANCE - AMENDING CHAPTER 12.1 (PERSONNEL MANUAL) OF THE TOWN CODE TO UPDATE TOWN PERSONNEL POLICIES WHEREAS, Section 125 of the Internal Revenue Service Code provides that the town may deduct group health insurance premiums from its employees' pre-tax income, thereby saving the town and its employees money, and WHEREAS, new employees should be eligible for full town benefits upon employment; and D WHEREAS, the performance bonus program has not been updated since its inception in 1977; RI and N WHEREAS, additional flexibility should be added to the performance increase program for a management level employees so that varying financial requirements can be met: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.49.2(a) of the Town Code (Employee Optional Benefits Program) is amended to read as follows: Sec. 12.49. 2. Employee Optional Benefits Program (a) All full-time employees are eligible to participate in an optional benefit program which is hereby established. Subject to 'annual appropria- tions, the amount available for each employee shall be $500. The plan will be administered by the town manager under the following policies: ( 1) The plan will be administered on a fiscal year basis. New empieyees-are-eligible-ee-Pereieipate-in-ehis-program-feiiew- ing-six-mearhs-ef-servfeer (2) Prior to the beginning of the fiscal year, each employee shall select his or her optional benefits for the ensuing year from those available. The optional benefits selected cannot be changed during the fiscal year unless the employee has had a change in family status such as marriage, divorce, M9 Minutes of November 22, 1988 death of immediate family member, birth or adoption of a child or a change in the employment of spouse. (3) Employees may select from both non-taxable and taxable benefits annually. No part of any unused optional benefit may be carried over to subsequent fiscal years. (4) Benefits shall be paid twice per fiscal year on December 31 and June 30 based on request for reimbursement to be received by the Department of Finance no later than December 15 and June 15 respectively. Employees electing to use the benefit for dependent or family group health/major medical premiums payment will have the pro rata amount of the premium applied to the biweekly payroll deduction for hospitalization/major medical insurance. Requests for reimbursement must include documentation supporting the costs to be reimbursed. This documentation will include paid receipts, cancelled checks and/or other evidence to support the claim as approved by the town manager. SECTION II. The Town Code is amended to include the following new section: Sec. 12. 49. 3. Flexible Benefits Plan Employees may elect to take advantage of Section 125 of the Internal Revenue Service Code by participating in a flexible benefit plan which allows employee contributions to the town group health insurance program to be paid prior to withholding of federal income and social security taxes. The option to participate shall be offered only once per year on July 1 (after the initial enrollment period) . The plan is more specifically de- scribed in Personnel Memo I/4. SECTION III . Section 12. 1-17(c) of the Town Code is amended to read as follows: Sec. 12. 1-17. Pay Determination (c) Performance Bonuses. ' Employees are eligible for 'annual perfor- mance bonuses paid as follows: ( 1) The awards shall be made in January each year by the manager from annual appropriations approved for this purpose by the Council. (2) The awards shall be in denominations-ef-$259-and-9569-with nee-mere-than-ten-$258-awards-and-five-$569-awards-made-armeelly an amount determined by the manager not to exceed $1000 annually within the amounts appropriated by Council. (3) Department directors shall make written recommendations by January 15 each year of employees within their departments whose exception- al performance justifies special recognition. (4) In general, performance bonuses shall be awarded to employees who have personally conceived and or suggested a procedure or device which has resulted in substantially greater operating efficiency or a marked decrease in operating expenses; or the employee has performed exten- sive collateral duties or has continually completed difficult :work assign- ments which have significantly increncod t_`fit1t,ty and effectiveness of his department; or has subsequent to town employment, completed the requirements for an associate's, bachelor's, master's or doctorate degree or other substantial educational achievement related to his position or has otherwise provided exceptional service to the town. (5) Department directors may also recommend bonuses for members of a team of employees which meets criteria similar to paragraph (4) above. SECTION IV. Section 12. 1-17. 3 of the Town Code is amended to read as follows: a ,u0 Minutes of November 22, 1988 Sec. 12. 1-17. 3. Management Level Pay Plan (a) Career officers' pay shall be set by the manager within the respec- tive pay range established for the respective positions by the Council. Career officers are eligible for up to five percent pay rate increas- es, that may be awarded in salary increases, in a lump sum, or in a combi- nation as assigned by the town manager, within a grade effective July 1 and January 1 and any other pay rate adjustments approved by Council for all employees, subject to appropriations made by the Council SECTION V. All prior ordinances and resolutions in conflict herewith are repealed. SECTION VI. This ordinance shall be in effect upon its passage. Mr. Minor gave a brief explanation of Sec. 12.1-17 Pay Determination (c) (2). He stated that the amount for performance bonus awards has not changed in the last ten years. This will allow the maximum amount of an award to be $1,000.00, it was $500.00. At one point, there were ten $250.00 awards and five $500.00 awards, which was a very arbitrary limit. 88-227 - RESOLUTION - AMENDING PRO RATA FEES FOR CONNECTIONS TO THE PUBLIC WATER SYSTEM FOR THE ROUTE 643 WATER LINE WHEREAS, Section 19-24 of the Town Code authorizes the town to collect pro rata fees for public water facilities for town-constructed facilities necessitated,at least in part, by future subdivisions or development of land; and WHEREAS, the town has constructed approximately 8,765 feet of a 16-inch watermain and appurtenances and is committed to construct a related water booster station to serve the Route 643 service area; and WHEREAS, it has been determined that twenty percent of the costs of the installation of these facilities is for public benefit, and eighty percent is for benefit of the land owners adjacent to these public water facilities; and WHEREAS, the final established price for all costs associated with the Route 643 water line project is $800,000.00 and the cost associated with the design and construction of the booster station is $1,100,000.00; and WHEREAS, a pro rata facilities change was established by Resolution 88-12 for all properties which will connect to the Route 643 water line: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: CO SECTION I. Resolution 88-12 "Establishing Fees for Connection to the Public Water System PI for the Route 643 Water line" is hereby repealed. i N SECTION II. A new Route 643 water line pro rata facilities charge is hereby established for all properties shown on the attached Exhibit 1 as follows: a. Residential Uses . . . $537.67 per dwelling unit no to exceed the total cost per are assigned to property within the service area as certified by the Director of Engineering and Public Works. b. Office/Commercial Uses . . . $1,533.35 per gross are. c. Employment Uses $1,393.96 per gross acre. d. Industrial and Government Uses . . . $995.68 per gross acre. SECTION M. The fee as specified in Section II shall be paid prior to the issuance of public facilities permits for new connections to the Route 643 water line. Said fee shall be in addition to all availability and connection fees the town is authorized to collect. SECTION IV. Those properties participating in the Route 643 water line agreement will pay a reduced pro rata charge, which will exclude the actual cost of the Routh 643 water line. The percentage of water use assigned to any property subject to the prior Route 643 water line agreement will be applied to only the estimated cost of the booster station as established herein. SECTION V. The fees established herein shall run with the property and the town manager shall maintain for public inspection a record of properties subject to these fees. Minutes of November 22, 1988 - - 88-228 - RESOLUTION - ENDORSING THE MAYOR'S COMMENTS CONCERNING LEESBURG'S HISTORIC DISTRICT PARKING FEE PROGRAM RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor's letter dated November 18 is endorsed as the Council's response to the Planning Commission's request that legislation to significantly increase the town's historic district parking fees be initiated. 88-229 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING BUFFER-YARDS ON RESIDENTIAL LOTS AND SETTING A JOINT PUBLIC HEARING WHEREAS, the Landscaping, Screening and Open Space Regulations of the Leesburg Zoning Ordinance permits property in residential zoning districts to provide buffer-yards by increasing the lot size over the minimum required by the relevant residential zoning district; and WHEREAS, residential lots developed prior to the adoption of the Landscaping, Screening and Open Space Regulations that are sufficiently over-sized are considered to have provided buffer-yards under these circumstances; and WHEREAS, this method of providing buffer-yards on property in residential zoning districts does not promote public health, safety and general welfare and does not protect property values: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated to amend Section 9A-14(f)(2) as follows: (2) Existing development not complying with buffer requirement. Whenever a development plan or subdivision application is proposed adjacent to a developed property that has not provided any or all of the required buffer, the adjacent proposed development shall provide ' the balance of the buffer-yard required by Section 9A-13. This provision shall apply unless modified by Section 9A-15. Residentially zoned or used properties developed prior to the adoption of this ordinance shall not be determined to have provided a buffer-yard as defined by Section 9A-14(a) . SECTION H. A public hearing on this amendment shall be held at 7:30 p.m., on December 13, 1988, in the Council Chambers, 10 West Loudoun Street, S.W., Leesburg, Virginia In accordance with Section 15.1-431 of the 1950 Code of Virginia, as amended, this hearing shall be a joint hearing of both Planning Commission and Council. The clerk shall give notice of this hearing on November 23 and December 1, 1988 and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION III. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment within 30 days following the public hearing. Jay Hicks gave Council a brief explanation of the proposed amendment. , 88-230 - RESOLUTION - INITIATING ZONING MAP AMENDMENT #ZM-105 BY THE TOWN OF LEESBURG OF THE LEESBURG ZONING DISTRICT MAP WHEREAS, the Town directed a $1.35 million Community Development Block Grant towards the redevelopment and revitalization of the area near the intersection of South Harrison Street and South Street; and WHEREAS, selected properties within the Old and Historic District are zoned in the "M-1" Industrial District designation which permits many land uses that are incompatible with the Old and Historic District; and 14 Minutes of November 22, 1988 WHEREAS, The Town Plan's Land Use Policy Map designates many of these "M-1" zoned parcels in the Mixed Use/Downtown category which is more compatible with the revitalization near the intersection of South Harrison Street and South Street: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Zoning District Map is initiated by the Town of Leesburg to change from "M-1" Industrial District to "B-2" General Business District, those portions of the McKimmey Feed site, 1.3165 acres shown on a plat prepared by Bengtson, DeBell, Elkin & Titus dated May 3, 1985 (Tax Map 48A (28)1), which are not included in the "F-1" Flood Zone District. SECTION H. The Planning Commission shall conduct a public hearing and shall report its recommendation on the proposed rezoning within 60 days of the public hearing. 88-231 - RESOLUTION- ENDORSING STAFF COMMENTS ON OFF-SITE ROAD IMPROVEMENTS TO THE LEGISLATIVE STUDY COMMITTEE AUTHORIZED BY VIRGINIA HOUSE JOINT RESOLUTION 125 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The attached comments on off-site road improvements shall be sent to the HJR 125 subcommittee studying Off-Site Road Improvements and Development Impacts on Public Infrastructure. 88-232 - RESOLUTION - AUTHORIZING AN OFFER TO BASIL M. & MARY B. DELASHMUTT FOR PURCHASE OF EASEMENTS AFFECTING 0.1102 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easements have been unsuccessful; and WHEREAS, a fair market value for each easement, both temporary and permanent, has been established by a certified appraiser: CO THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: N SECTION I. Basil M. & Mary B. DeLashmutt are hereby offered the sum of$13,252.75 for the purchase of a temporary construction and permanent waterline easement affecting 0.1102 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 24 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easements will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer, with a right of entry for construction of the waterline commencing at the time of acceptance. SECTION II. In the event this offer is not accepted in writing within ten (10) days from , receipt, the Council hereby declares that an essential niihrir cnnvaninn/b 912,1 necess resat-exists to acquire the aforesaid easement for construction of the water transmission main and right to early entry prior to the determination and deposit of the amount of just compensation is imperative, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $13,252.75, payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 code of Virginia, as amended, in the event an order for such entry,is made by the Court. 88-233 - RESOLUTION - AUTHORIZING AN OFFER TO BASIL M. & MARY B. DELASHMUTT FOR PURCHASE OF EASEMENTS AFFECTING 0.1093 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS Minutes of November 22, 1988 WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and • WHEREAS, operation of the Route 643 Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easements have been unsuccessful; and WHEREAS, a fair market value for each easement, both temporary and permanent, has been established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Basil M. & Mary B. DeLashmutt are hereby offered the sum of$13,190.00 for the purchase of a temporary construction and permanent waterline easement affecting 0.1093 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 24 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easements will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer, with a right of entry for construction of the waterline commencing at the time of acceptance. SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easement for construction of the water transmission main and right to early entry prior to the determination and deposit of the amount'of just compensation is imperative, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $13,190.00, payable to the Clerk of the Circuit Court in accordance with Section 2546.8 of the 1950 code of Virginia, as amended, in the event an order for such entry' is made by the Court. 88-234 - RESOLUTION - AUTHORIZING AN OFFER TO FORT IEVANS LIMITED PARTNERSHIP FOR PURCHASE OF EASEMENTS AF'F'ECTING 0.2347 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Counril October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and!is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists foruisition of necessary ssary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easements have been unsuccessful; and ; WHEREAS, a fair market value for each easement, both temporary porary and permanent, has been I established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Fort Evans Limited Partnership is hereby offered the sum of$28,368.75 for the purchase of a temporary construction and permanent waterline easement affecting 0.2347 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 24 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easements will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title),'within thirty (30) days after written acceptance of this offer, with' a right of entry', for construction: of the waterline commencing at the time of acceptance. 15:1 . Minutes of November 22, 1988 SECTION H. In the event this offer is not accepted id writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easement for construction of the water transmission main and right to early entry prior to the determination and deposit of the amount of just compensation is imperative, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $28,368.75, payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 code of Virginia, as amended, in the event an order for such entry is made by the Court. 88-235 - RESOLUTION - AUTHORIZING AN OFFER TO LEESBURG JOINT VENTURE FOR PURCHASE OF EASEMENT Aloto.bCTING 0.0716 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water Booster'Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easement have been unsuccessful; and WHEREAS, a fair market value for each easement, both temporary and permanent, has been established by a certified appraiser. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Leesburg Joint Venture is hereby offered the sum of$8,680.00 for the purchase of a temporary construction and permanent waterline easement affecting 0.0716 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 12 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easement will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer,with a right of entry for construction of the waterline commencing at the time of acceptance. SECTION H. In the event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire D the aforesaid easement for construction of the water transmission main and right to early entry prior CID to the determination and deposit of the amount of just compensation is imperative, and does hereby P1 authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf N of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $8,680.00, payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 code - of Virginia, as amended, in the event an order for such entry is made by the Court. 88-236 - RESOLUTION- AUTHORIZING AN OFFER TO BERNARD M. CARLTON, TRUSTEE FOR PURCHASE OF EASEMENT AFFECTING 0.4339 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersertinn nr Sycolin Road, • to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and Us essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easement have been unsuccessful; and ' lS3 Minutes of November 22, 1988 WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water Booster, Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easements have been unsuccessful; and WHEREAS, a fair market value for each easement, both temporary and permanent, has been established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Basil M. & Mary B. DeLashmutt are hereby offered the sum of$13,190.00 for the purchase of a temporary construction and permanent waterline easement affecting 0.1093 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 24 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easements will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer, with a right of entry for construction of the waterline commencing at the time of acceptance. SECTION U. In the event this offer is not accepted in I writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easement for construction of the water transmission main and right to early entry prior to the determination and deposit of the amount of just compensation is imperative, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $13,190.00, payable to the Clerk of the Circuit Court in accordance with Section 2546.8 of the 1950 code of Virginia, as amended, in the event an order for such entry is made by the Court. 88-234 - RESOLUTION - AUTHORIZING AN OFFER TO FORT EVANS LIMITED PARTNERSHIP FOR PURCHASE OF EASEMENTS AFFECTING 0.2347 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Counril October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and!is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easements have been unsuccessfiil; and WHEREAS, a fair market value for each easement, both temporary and permanent, has been established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Fort Evans Limited Partnership is hereby offered the sum of$28,368.75 for the purchase of a temporary construction and permanent waterline easement affecting 0.2347 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates,,dated 24 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easements will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer, with a right of entry for construction of the waterline commencing at the time of acceptance. 154 Minutes of November 22, 1988 SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easement for construction of the water transmission main and right to early entry prior to the determination and deposit of the amount of just compensation is imperative, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $28,368.75, payable to the Clerk of the Circuit Court in accordance with Section 2546.8 of the 1950 code of Virginia, as amended, in the event an order for such entry is made by the Court. 88-235 - RESOLUTION - AUTHORIZING AN OI''FLR TO LEESBURG JOINT VENTURE FOR PURCHASE OF EASEMENT AFFECTING 0.0716 ACRES REQUIRED • FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water BoosterI Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easement have been unsuccessful; and WHEREAS, a fair market value for each easement, both temporary and permanent, has been established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of LeesburgVirginia�in as follows: SECTION I. Leesburg Joint Venture is hereby offered the sum of$8,680.00 for the purchase of a temporary construction and permanent waterline easement affecting 0.0716 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 12 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easement will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title); within thirty (30) days after written acceptance of this offer, with a right of entry for construction of the waterline commencing at the time of acceptance. SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire D the aforesaid easement for construction of the water transmission main and right to early entry prior CD to the determination and deposit of the amount of just compensation is imperative, and does hereby �TI authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf N of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $8,680.00, payable to the Clerk of the Circuit Court in accordance with Section 2546.8 of the 1950 code - of Virginia, as amended, in the event an order for such entry is made by the.Court. 88-236 - RESOLUTION- AUTHORIZING AN OFFb,R TO BERNARD M. CARL ON, TRUSTEE FOR PURCHASE OF EASEMENT AnotiCrING 0.4339 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Rnedto the inteesertMMn ,f Sycolin Road, to complete a major loop in the town's water system and to provide increased.pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and ! WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easement have been unsuccessful; and , t GS : i1 155 Minutes of November 22, 1988 > > WHEREAS, a fair market value for each easement, both temporary and permanent, has been established by a certified appraiser: f' THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Bernard M. Carlton, Trustee is hereby offered the sum of $52,225.00 for the purchase of a temporary construction and permanent waterline easement affecting 0.4339 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 12 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that ' the easement will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer,with a right,of entry for construction of the waterline commencing at the time of acceptance. SECTION H. In the event this offer is not accepted in 'writing'within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easement for construction of the water transmission(main and right to early entry prior to the determination and deposit of the amount of just compensation is imperative, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $52,225.00, payable to the Clerk of the Circuit Court in accordance with Section 2546.8 of the 1950 code of Virginia, as amended, in the event an order for such entryi is made by the Court. 88-237 - RESOLUTION - AUTHORIZING AN OFFER TO VALIKI COMPANY FOR PURCHASE OF EASEMENT AlenCTING 0.2144 ACRES 'REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for thl1 Town of Leesburg as adopted by Council October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and I WHEREAS, operation of the Route 643 Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and , 11 WHEREAS, a needs exists for acquisition of necessary easenients from various property owners on whose property the alignment of the waterline has been established; and ('' WHEREAS, efforts to secure such easement have been unsuccessful; and WHEREAS, a fair market value for each easement, both Im established by a certified appraiser: p° and permanent, has been THEREFORE, RESOLVED by the Council of the Town of Leesb iI urg �in Virginia as follows: SECTION I. Valik Company is hereby offered the sum of $25,885.00 for the purchase of a temporary construction and permanent waterline easement affecting 0.2144 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 12 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easement will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer,with a right of entry for construction of the waterline commencing at the time of acceptance. I .1 , SECTION H. In the event this offer is not accepted in writing within SECTION (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easement for conatn,ction of the wear ti. o !?z o ;' n sad ri i• !to ly entry prior to the determination and deposit of the amount of just compensation is imperative, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $25,885.00, payable to the Clerk of the Circuit Courtin accordancejwith Section 25-46.8 of the 1950 code of Virginia, as amended, in the event an order for such entry is made by the Court. 88-238 - RESOLUTION - AUTHORIZING AN OFFER TO WILLIAM S. ALBERTS, ET. AL., FOR PURCHASE OF EASEMENT AFFECTING 0.4518 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS 156 Minutes of November 22, 1988 WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easement have been unsuccessful; and WHEREAS, a fair market value for each easement, both temporary and permanent, has been established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. William S. Alberts, et. aL, is hereby offered the sum of$7,630.00 for the purchase of a temporary construction and permanent waterline easement affecting 0.4518 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 11 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easement will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer, with a right of entry for construction of the waterline commencing at the time of acceptance. SECTION H. In the event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easement for constructionof the water transmission main and right to early entry prior to the determination and deposit of the amount of just compensation is imperative, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $7,630.00, payable to the Clerk of the Circuit Court in accordance with Section 2546.8 of the 1950 code of Virginia, as amended, in the event an order for such entry is made by the Court. 88-239 - RESOLUTION - AUTHORIZING AN OFFER TO NATIONAL AUDUBON & ARBORETUM SOCIETY,INC.,FOR PURCHASE OF EASEMENT AFFECTING 0.0050 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by D Council, October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, CO to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 A' scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easement have been unsuccessful; and WHEREAS, a fair market value for each easement, both temporary and permanent, has been established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The National Audubon & Arboretum Society', Inc., is hereby offered the sum of $625.00 for the purchase of a temporary construction and permanent waterline easement affecting 0.0050 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated November 14, 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easement will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer,with a right of entry for construction of the waterline commencing at the time of acceptance. 157 Minutes of November 22, 1988 SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easement for construction of the water transmission main and right to early entry prior to the determination and deposit of the amount of just compensation is imperative, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $625.00, payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 code of Virginia, as amended, in the event an order for such entry is made by the Court. 88-240 - RESOLUTION- AUTHORIZING AN OFFER TO RAYMOND C. HAWKINS, TRUSTEE.FOR PURCHASE OF EASEMENT AFFECTING 0.2571 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988 recommended construction of a 24-inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and WHEREAS, operation of the Route 643 Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary School; and WHEREAS, a needs exists for acquisition'of necessary easements from various property owners on whose property the alignment of the waterline has been established; and WHEREAS, efforts to secure such easement have been unsuccessful; and WHEREAS, a fair market value for each;easement, both temporary and permanent, has been established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: i I SECTION I. Raymond C. Hawking Trustee, is hereby offered the sum of$17,050.00 for the purchase of a temporary construction and permanent waterline easement affecting 0.2571 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated November 14, 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easement will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer, with' a right of entry for construction of the waterline commencing at the time of acceptance. SECTION II. In the event this offer is Inot accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easement for construction of the water transmission main and right Ito early entry prior to the determination and deposit of the amount of just compensation is imperative,, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the;Director of Finance to issue a check in the sum of $17,050.00, payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 code of Virginia, as amended, in the event an order for such entry is made by the Court. 88-241 - RESOLUTION - AUTHORIZING AN OFFER TO AMERICAN SMALL BUSINESS INVESTMENT COMPANY, FOR PURCHASE OF EASEMENT AFFECTING 0.3907 ACRES REQUIRED FOR CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council, October 11. 1988 rtmmmando.+ mn.Hr,.f: , .f: n. :__1- r erinc a!ng the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road, to complete a major loop in the town's water system and to provide increased pressure and fire flows throughout the town; and : WHEREAS, operation of the Route 643(Water Booster Pumping Station, currently under construction, is dependent upon construction of this waterline and is essential to the summer of 1989 scheduled opening of the Cool Spring Elementary"School; and WHEREAS, a needs exists for acquisition of necessary easements from various property owners on whose property the alignment of the waterline.has been established; and I 158 Minutes of November 22, 1988 WHEREAS, efforts to secure such easement have been unsuccessful; and WHEREAS, a fair market value for each easement, both temporary and permanent, has been established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. American Small Business Investment Company is hereby offered the sum of $47,055.00 for the purchase of a temporary construction and permanent waterline easement affecting 0.3907 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated November 14, 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbrances and that the easement will be conveyed according to the plat and description described above by good and proper deed, (a copy thereof is attached which includes the usual warranties of title), within thirty (30) days after written acceptance of this offer,with a right of entry for construction of the waterline commencing at the time of acceptance. SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easement for construction of the water transmission main and right to early entry prior to the determination and deposit of the amount of just compensation is imperative, and does hereby authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $47,055.00, payable to the Clerk of the Circuit Court in accordance with Section 25-48.8 of the 1950 code of Virginia, as amended, in the event an order for such entry is made by the Court. On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 88-242 - RESOLUTION- EXPRESSING GRATITUDE TO THE VIET NAM VETERANS MEMORIAL COMMITTEE WHEREAS, civic symbols to memorialize the contributions and sacrifice made by the American men and women who served their country in the Viet Nam War are long overdue; and WHEREAS, the Viet Nam Veterans Memorial Committee of Loudoun county successfully launched a fund raising campaign to create a memorial and commemorative ceremony to honor our Viet Nam veterans; and WHEREAS, this memorial was unveiled at a special ceremony on Veterans Day, November 11, 1988, in Leesburg and WHEREAS, this Council was honored to have made available the town's Public Works forces to complete the masonry work at the Circle of Honor Plaza; and WHEREAS, this Council wishes to convey its appreciation to the Viet Nam Veteran's Memorial Committee for completing such a successful and moving ceremony and lasting tribute to honor those nine Loudoun County citizens who lost their lives in Viet Nam: CD THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: This Council extends its warmest appreciation and congratulations to the Viet Nam Veteran's Memorial Committee for its work to create a fitting memorial in tribute to Loudoun's Viet Namars veterans. The moving ceremony to unveil the monument inspired a sense of patriotism as well'-as gratitude for all of America's veterans. Mayor Sevila concurs with the comments made by members of the Council, tonight, regarding the memorial ceremony. It was everything that this resolution describes it as being. There were an estimated 3000 people in attendance. An outstanding job was done by everyone who participated and helped plan the ceremony. Aye: Councilmember Clem. Fnrector, u;n Kan, r.,.,.n, Muic6� Tcn.±rt and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following resolution was proposed and adopted. 88-243 - RESOLUTION - MAKING AN APPROPRIATION TO ASSIST WITH THE FUND RAISING FOR DODONA MANOR WHEREAS, this Council has shown its commitment toward the acquisition of Dodona Manor through the pledging of municipal funds for the purchase of Dodona Manor, and Minutes of November 22, 1988 ' . f WHEREAS, the municipal funds required to complete this acquisition will be supplemented with donations solicited by the fund raising committee; and WHEREAS, in order to successfully carry out this fund raising, a budgeted amount of$7,500 will be required for the purchase of stationary, postage, telephones and office supplies. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made from the General Fund unappropriated fund balance in the amount of$7,500.00 to Account No. 200-9100-560-040, Dodona Manor Fund Raising, for the fiscal year ending June 30, 1989. Aye: Councilmember Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay; Councilmember Clem - On motion of Mr. Clem, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 88-244 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE'COUNTY OF LOUDOUN REGARDING THE DEVELOPMENT AND USE OF IDA LEE PARK WHEREAS, the County of Loudoun Board of Supervisors approved on June 6, 1988, to contribute $400,000 in fiscal year 1988-89 to the development of the first phase of Ida Lee Park; and WHEREAS, the County of Loudoun Board of Supervisors has agreed to contribute an additional $400,000, based on available funding, in fiscal year 1989-90; and WHEREAS, these contributions were subject to an agreement for the use of Ida Lee Park between the Town of Leesburg and Loudoun County; and WHEREAS, an agreement has been developed and approved by the Town of Leesburg and Loudoun County Parks and Recreation Commissions: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute, on behalf of the town, an agreement (attached hereto) with the County of Loudoun, authorizing the use of Ida Lee Park by Loudoun County residents and the Loudoun County Department of Parks and Recreation and the contribution of $800,000 by the County of Loudoun Board of Supervisors to the development of Ida Lee Park. Mr. Minor stated that the contract has been approved by the Director of the Parks and Recreation Commission of the County. The town plans to have the Board of Supervisors and the appropriate county staff play an integral part in the town's groundbreaking ceremony on December 3. The County has made a major contribution to the town's facility. Aye: Councilmember Clem, Forester)Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay. None On motion of Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. I 88-245 - RESOLUTION - AUTHORIZING AND REQUESTING A GREENWAYITRAIL MASTER PLAN STUDY BY THE NATIONAL PARK SERVICE WHEREAS, the Council of the Town ofiLeesburg recog Ies the importance of greenway/trails in providing recreational, economic, cultural, natural resources and other opportunities; and I . . .. ..WHEF.EAS, .the Tnwn of T achurn I los within P rapi'1y .rowing region and, due to its geographic setting, provides exceptional aesthetic, historical, cultural and recreational opportunities to the residents of our community; and WHEREAS, the Council of the Town ofiLeesburg is concerned about the importance of stream, natural areas and land corridor preservation due to a number of factors, including proposed land use development; and WHEREAS, the National Park Service,through the provisions of the National Wild and Scenic Rivers Act, can help local governments to prepare a long term protection plan for the Town of Leesburg and Loudoun County's stream, river and natural'area, which will' rely on the use of existing government authorities and voluntary private landowner action;; and 160 ' Minutes of November 22, 1988 WHEREAS, the County of Loudoun has expressed the desire in participating in the preparation of such a plan to include Loudoun County; and WHEREAS, the Virginia Greenways Commission, the Virginia Trails Association and the Leesburg Parks and Recreation Advisory Commission have expressed written support of such a plan: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That it is the intent to protect the stream and natural areas for future generations through the development of a locally prepared greenway/trail management plan. SECTION H. That said study shall be wholly without cost or expense to the Town of Leesburg except for in-kind services. Mrs. Forester is pleased that the town is going ahead with the greenway/trail master plan. Mr. Mulokey noted that one of the participants in a Council Listening Session, was very interested in getting access for pedestrians, into the downtown district. Many citizens will benefit from the greenway/trail program. Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. 88-246 - RESOLUTION - REAPPOINTING CARL R. JOHNSON TO THE LEESBURG PLANNING COMMISSION WHEREAS, the term of Carl R. Johnson as a member of the Leesburg Planning Commission will expire on December 31, 1988: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Carl R. Johnson is appointed to the Leesburg Planning Commission for a term to expire June 30, 1992. Mrs. Forester stated that as a counrilmanic representative to the Planning Commission, she has had the opportunity to work with Mr. Johnson. He is chairman of the Comprehensive Planning Committee, his committee worked long and hard on the amendments to the Town Plan, they have completed a lot of difficult and hard work on the commercial zoning ordinance. Mrs. Forester looks forward to continuing to serve with Mr. Johnson. Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila D Nay. None rn On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and N unanimously adopted. 88-247 - RESOLUTION - DISSOLVING THE AD HOC DODONA MANOR PRESERVATION COMMPITEE WHEREAS, the Council on April 13, 1988, created the ad hoc Dodona Manor Preservation Committee and appointed six individuals as its first members; and WHEREAS, this committee did report back to the Council with its recommendations on how best to preserve Dodona Manor; end WHEREAS, this Council has acted on the committee's recommendations through the commitments contained in Ordinance No. 88-0-35 and Resolution No. 88-198; and WHEREAS, the committee desires to reconstitute itself for the purpose of launching a fund raising campaign to generate private and corporate support to aide the town's purchase of Dodona Manor: THEREFORE, RESOLVED by.the Council of the Town of Leesburg in Virginia as follows: SECTION I. Council Resolution No. 88-74 adopted April 13, 1988 is hereby repealed and those members who served on the Dodona Manor Ad Hoc Preservation Committee are hereby extended the - 161 Minutes of November 22, 1988 r ' ' IA. thanks of the Mayor and Council for a job well done. SECTION II. The former committee members are encouraged to create a new committee whose principal purposes will be to raise funds to aide the town in its purchase of Dodona Manor in accordance with the aforementioned Town Council ordinance and resolution. Mr. Kimball noted that the Council was repealing a resolution that established a committee. Mr. Minor stated,yes. Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Pursuant to Section 2.1-344(1) of the Code of Virginia, as amended„I move that the Leesburg Town Council recess this public meeting and enter into Executive Session. The public business matter to be discussed is personnel matters. III In addition, the following public business matter will be discussed as'authorized by Section 2.1- 344(2) of the Code of Virginia, as amended. The public business matter to be discussed is the potential sale of real property. Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its public meeting, and that no formal action was taken in the Executive Session. Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert, and Mayor Sevila Nay: None On motion of and duly seconded the public meeting was adjourned. Robert E. Sevila, Mayor Town of Leesburg Clerk of Council ii • gEt