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HomeMy Public PortalAbout1994_01_25385 TOWN COUNCIL MEETING MINUTES OF JANUARY 2~, 1994 A regular meeting of the Leesburg Town Council was held on January 25, 1994, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesbur& Vir~nia. The meetingwas called to order by the Mayor. INVOCATION was given by Councilmember Bange. SALUTE TO 'rile FLAG was led by Barbara Messinger ROLL CALL Councilmembers present George F. Atweil Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning, and Development Michael Tompkins Director of Utilities Randolph Shoemaker Zoning Administrator Scott Johnson Public Information Officer Susan Farmer Planner Kristie Lalire Deputy Town Attorney Deborah Welsh Town Clerk Barbara Messinger APPROVAL OF MINUTES On motion of Mr. Webb, seconded by Ms. Bange, the regular meeting minutes of December 14, 1993 were approved as written and the regular meeting minutes of January 11, 1994 were approved as corrected by Mr. AtweH. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None PETITIONERS Chris Scharrer, representing the Deli South, introduced the new business. COUNCILMEMBER COMMENTS Mr. Trocino spoke about the new system regarding the purchase of town tags. He thanked the Mayor, Commissioner of Revenue and Mr. Brown for helping initiate the new process. Ms. Umstattd had no comment. Mr. Blake had no comment. Mr. Webb complimented the town staff for the excellent job they did with snow removal and questioned what the cost has been so far. Mr. Brown did not have a definite figure. Mr. Webb attended a meeting on January 25, 1994 regarding the proposed Western bypass and reported that the TCC Committee, Governor Allen, and the Secretary of Transportation all support the bypass going from Dulles to Goose Creek. He stated the proposed map left some unanswered questions though. One question Mr. Webb had was how well the Ashburn Village and part of the University property on the north side of Route 7 would work. He also expressed concern with what may to happen to Prince William and Montgomery County. Mr, Webb stated he was very proud of the accomplishments of this Council. He said many things have been accomplished without any significant increases in taxes and utility rates. He announced he would seek re- 386 election in May, 1994. Mr. Atwell updated the Council on the Economic Development Commi~ion. He reported the Commi~ion is moving along rapidly with the Strategic Plan, and sub-committees have been formed. Mr. Atwell asked, with the support of the Town Council, that Mr. Brown contact Loudoun County in reference to their building inspection procedures. This is the result of the ruptured water lines brought to the Council's attention by Mr. Davis two weeks ago. He suggested a meeting with Loudoun County to address the problems at hand. Mayor Clem endorsed Mr. Atwell's comments regarding Loudoun County inspections. Ms. Bante commended Police Officer Joanna Parrott for assisting the family of a recently deceased Leesburg .citizen. MAYOR'S REPORT Mayor Clem echoed Mr. Webb's comments regarding the snow and ice removal by the street crews. He noted the streets were kept in good shape. Mayor Clem also stated that the Utility Lines crews definitely needed to be commended for their efforts with the water main breaks and frozen pipes in town. He applauded the crews for their work. Mayor Clem thanked Mr. Webb for attending the Western Bypass meeting and expressed the importance of staying on top of the issue. He stated a resolution was passed in 1990 supporting a location of the bypass somewhere East of Goose Creek and encouraged the pursuit of that resolution. He visited Loudoun House on January 24, 1994, to observe the situations regarding fronzen and damaged pipes. He reported that these residents have suffered great losses. He has contacted HUD which has already responded and hopefully these residents will be relocated from the damaged apartments very soon. MANAGER'S REPORT Mr. Brown thanked the Council and Mayor for the kind remarks regarding town staff. He highlighted the Activity Report, noting the CIP has been submitted to the Town Council. He announced the public hearing on the CIP would be held on February 3, 1994 at 7 p.m. and encouraged the public to participate. Mr. Brown added his commendation to Randy Shoemaker and his staff regarding frozen pipes in town. He appreciated their hard work and also the hard work of the street crews. Mr. Brown reported that a corporate jet, having difficulty locating an open airport last Monday, was able to land at the Leesburg Airport. He thanked Peter Stephenson and the airport crews for keeping the airport open as best they could during the tough weather. Mayor Clem followed up on a statement made by Mr. Brown regarding the CIP stating that there were about 40 million dollars worth of projects in the document, but they are in part funded by federal and state monies, and grants. This would not be a 40 million dollar debt the town would be incurring. He encouraged the public to view the document. LEGISLATION DISCUSSION Kristie Lalire gave a brief staff report. Mr. Atwell asked for clarification of the relationship between a "B" building, an outstanding, excellent, or significant. Ms. Lalire stated "contributing". Mr. Atwell stated that the ordinance does not permit modifications to buildings of outstanding, excellent, or si~nificant designations, therefore, it could be perm/tted on buildings of contributing significance. Ms. Lalire agreed that was correct. She stated it was decided on a case by case basis. Ms. Lalire explained that in this particular case there was discussion about the setback of the building from South King Street and whether because of the setback of the building, the vinyl siding would be detectable from the public way. She considered that to be part of the reason for the split vote. She stated that some felt it would be detectable and would reflect upon the character of the historic district. Others felt it was setback far enough that it would not. 387 Mr. Atwell questioned whether certain significant architectural treatments would be retained, Ms. Lalire stated that the homeowners indicated the fish scaling in the front gable would be retained. She had recommended a compromise solution in the original staff report which entailed allowing vinyl siding but suggesting certain features be retained. Mr. Trocino asked if it was her view that the synthetic siding would not be detectable from King Street. Ms. Lalire responded, that was her original view. Mr. Trocino asked if the BAR disagreed with Ms. Lalire. Ms. Lalire replied that the decision was split. Ms. Lalire pointed out that there would be an impact upon the character of the Old and Historic District, and the other aspect was that buildings along the museum walking tour not be allowed to have vinyl siding, due to a high concentration of visitors. She based her decision on the fact that this building is located on South King and has a setback. Ms. Umstattd asked if there were sidewalks on that side of the street. Mr. Blake replied there were. Mr. Webb asked what color the vinyl siding would be. Ms. Lalire stated it would be gray-blue, matching the current color of the building. Ms. Bange stated she believed that with the quality of the new vinyl it is hard to detect that it is actually vinyl. Mr. Blake recalled one of the reasons the owner wanted to use vinyl siding was to cover plugs where insulation had recently been installed. Mr. Hit. tins, the applicant, stated that Ms. Lalire presented the case fairly and that he would abide by what she proposed. His preference was to build out and cap the windows and corner posts. Kathleen Skeen, resident of 406 South King Street, expressed her opposition to the request. She believed it decreased her property value. She supported the BAR in preserving Historic Leesburg. She encouraged more support and stronger guidelines for the BAR. Mr. Skeen reinforced Mrs. Skeen's remarks pointing out that the Town of Leesburg has one resource that sets it apart - Historic qualities. He encouraged preservation and recognition of the town's charm. He also supported stronger rules and regulations for the BAR and requested the issue not be appealed. Mr. Trocino asked Deborah Welsh what options, during an appeal, the Council had available to them. He asked Ms. Welsh to clarify uphold and deny, or uphold/deny and modify. He also asked if the modification as proposed in the staff report was appropriate. Ms. Welsh responded the Council had the options of uphold/deny or modify. Mr. Blake supported the applicant. MOTION On motion of Mr. Blake, seconded by Ms. Umstattd, the following resolution was proposed and adopted, 94-12 - A RESOLUTION: APPROVING THE APPEAL OF THE BOARD OF ARCHITECTURAL REVIEW (BAR) DECISION ON CASE # BAR 93-75 WHEREAS, on September 8, 1993 the Board of Architectural Review (BAR) denied a request to install vinyl siding on the residential building located at 411 South King Street; and WHEREAS, the basis of the denial included the contribution of the structure to the diversity of the Old and Historic District, but the Hartzog, Lader and Richards building survey does not designate the structure as "Outstanding", "Excellent" or "Significant"; and WHEREAS, Article 5, Section 5A-6 (k) Guidelines and Criteria of the Zoning Ordinance specifically requires that vinyl siding shall not permitted on buildings rated "Outstanding," F_,xceHent," or "Significant" WHEREAS, the setback of the building from South King Street would minimize the impact of the vinyl as seen from the public way, and should be considered; WHEREAS, even though vinyl siding is discouraged in the Old and Historic District due to its 388 inappropriateness, its potential to damage wood frame bnilding~ and its negative impact upon the character of the historic district, all applications should be considered on a case-by-case basis according to the si~trnificance of the building, the setback of the building from the public way and whether the location of the property is on the Loudoun Museum Walking tour. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The appeal of Case #BAR-93-56 is hereby approved. The applicant may submit and receive a zoning permit for the installation of vinyl siding on the building at 411 South King Street. MOTION Ms. Bange made a motion to include staffs modifications. DISCUSSION Mr. Higgj'ns was willing to accept the staffs recommendations. Ms. Bange withdrew her motion. Ms. Umstattd appreciated the Skeen's eloquence and passion for coming before the Council though she was voting against their wishes. She commented that the Council had been educated by what they had brought before them. Mr. Trocino supported developing better standards for the BAR. He encouraged faker standards for a test in case the Council's actions are challenged and added he would vote against the resolution. Mr. Webb commented that anyone appearing before the BAR has the right to appeal a decision made by the BAR, however, most of the discussion would have been eliminated had the seventh member of the BAR been present to vote on the issue. Mr. Trocino replied appointments were coming up. VOTE Nay: Councilmembers Atwell, Bange, Blake, Umstattd and Webb Councilmember Trocino, and Mayor Clem 9.(a) DISCUSSION Ms. Umstattd stated she had one problem with this item, which was the level of discretion involved. She preferred following Robert's Rules of Order, which the Council was under the obligation to follow under the Town Code and that if the Council was going to arbitrarily impose this that it do so by a full Council or committee vote, not leave it to the discretion of one member. She pointed out that this is authorized under Robert's Rules. Ms. Umstattd expressed concern with doing this at all because Leesburg is a relatively small town and she would prefer to keep these processes open. She was also concerned that citizens would think it unfair that developers were allowed more time to speak and felt that anything passed should be equally applied. Ms. Bange asked if the resolution could be amended to add Robert's Rules of. Order. Mayor Clem replied yes and pointed out that a developer or someone presenting a case may need more than five minutes as with staff, but when entering into discussion, remarks should be limited to five minutes. He considered the five minute rule fair. Mr. Atwell was opposed in the beginning but had no problem with allowing Robert's Rules of Order. He did ask that a sentence be included to the effect that all boards and commissions appointed by the Council may use these rules at the discretion or vote of the boards or commissions. Mr. Atwell asked that this item be sent back to the Administration and Public Works Committee. This item was referred back to the Administration and Public Works Committee meetingo[ February 1, 1994. MOTION A motion was made by Mr. Atwell, seconded by Ms. Umstattd, to refer this item to the Finance Committee. DISCUSSION 389 Mr. Blake stated that Walmart was not required to install this fence. Walmart installed the fence at their expense along with extensive landscaping to help satisfy local residents. He thought it ludicrous to extcnd the fence to the Route 15 bypass when the bypass is going to be widened. Ms. Bante asked whose property the proposed extension would be on. Mr. Brown responded it would be property belonging to Walmart. This item was referred to the Finance Committee meeting of February 3, 1994. 9.(e) MOTION A motion was made by Mr. Atweil, seconded by Ms. Umstattd, to refer this item to the Finance Committee of February 3, 1994. 10.(a) MOTION On motion of Mr. Webb, seeonded by Mr. Blake the following resolution was proposed and adopted. 94-13 - A RESOLUTION: AUTHORIZING AGREEMENTS WITH ARCADIA BUILDING COMPANY AND APPROVING PERFORMANCE GUARANTEES FOR TAVISTOCK FARMS 7 SECTION 1, 3, 4, 5, 6,7, 9, 10, 11 & 12, 13, 14, 18, 19, 20 & 21, OFFSITE WATERLINE AND OFFSITE SANITARY SEWER AND RELEASING CORPORATE SURETY BONDS AND CANCELLING THE CONTRACTS WITH SAD REALTY CORPORATION WHEREAS, Council Resolution #91-221 authorized agreements with SAD Realty Corporation and approved corporate surety bonds from Homestead Insurance Company as security to guarantee installation of public improvements in Tavistock Farms, as shown on plans approved by the Director of Engineering and Public Works for the above listed sections of Tavistock Farms; and WHEREAS, Arcadia Building Company is planning to submit a bid to the Resolution Trust Corporation (RTC) to purchase Tavistock Farms and proposes to provide new corporate surety bonds issued by The American Insurance Company as performance guarantees to replace the securities previously approved for Tavistock Farms if they are the successful bidder; and WHEREAS, the Director of Finance has approved the financial standing of The American Insurance Company. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute the contracts for public improvements with Arcadia Building Company for the improvements shown on plans approved by the Director of Engineering and Public Works for Tavistock Farms Section 1, 3, 4, 5, 6, 7, 9, 10, 11 & 12, 13, 14, 18, 19, 20 & 21, Of/site Waterline and Offsite Sanitary Sewer if Arcadia Building Company is the successful bidder and becomes the owner and developer of Tavistock Farms. SECTION II. The corporate surety bonds from The American Insurance Company in the following amounts: Section 1 $180,000.00 Section 3 40,426.00 Section 4 122,400.00 Section 5 117,498.00 Section 6 200,556.00 Section 7 400,000.00 Section 9 38,500.00 Section 10 725,403.00 Section 11 & 12 882,694.00 Sections 13, 19, 20 & 21 1,637,094.00 Section 14 230,878.45 Section 18 356,004.00 Offsite Waterline 50,663.00 Offsite Sanitary Sewer 31,281.00 are approved to guarantee the installation of public improvements in Tavistock Farms as shown on plans approved by the Director of Engineering and Public Works for Tavistock Farms Section 1, 3, 4, 5, 6, 7, 9, 10, 11 & 12, 13, 14, 18, 19, 20 & 21, Of/site Waterline and Of/site Sanitary Sewer. 390 SECTION IlL The corporate surety bonds from Homestead Insurance Company are authorized to be released when the new contracts and performance guarantees provided by Arcadia Building Company signed and in effect Arcadia Building Company is the owner and developer of Tavistock Farms. SECTION IV. The contracts for installation of public improvements for Tavistock Farms dated June 24, 1991 with SAD Realty Corporation are authorized to be releasedwhen the new contracts and performance guarantees provided by Arcadia Building Company are signed and in effect and Arcadia Building Company is the owner and developer of Tavistock Farms. VOTE Aye: Nay: Abstain: Councilmembers Atwell, Bange, Blake, Umstattd, Webb, and Mayor Clem None Councilmember Trocino lO. Co). (c). (d). (e).(O Randy Shoemaker addressed the Town Council summarizing briefly each of the requests. Deborah Welsh made amendments to all five resolutions. 10.(b} On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and adopted. 94-14 - A RESOLUTION: AUTHORIZING AN OFFER TO SPRING LAKES LIMITED PARTNERSHIP, A VIRGINIA LIMITED PARTNERSHIP, FOR PURCHASE OF EASEMENTS AFFECTING 2.047 ACRES REQUIRED FOR CONSTRUCTION OF THE WATER POLLUTION CONTROL FACILITY EFFLUENT FORCEMAIN AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the current expansion and upgrade of Leesburg's Water Pollution Control Facility (WPCF), as approved by the Virginia and Maryland Departments of Environmental Quality,included the discharge of treated wastewater effluent to the Potomac River and construction of approximately 17,000 feet of forcemain from the town's WPCF, located south of State Route 7 and along a Virginia Power Company easement to the Potomac River; and WHEREAS, construction of the effluent forcemain is an essential element of the town's pollution abatement program and protection of Virginia's water from pollution; and WHEREAS, a need exists for acquisition of necessary easements from various property owners on whose property the alignment of the forcemain 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. Spring Lakes Limited Partnership, a Virginia Limited Partnership, is hereby offered the sum of $1,000.00 for the purchase of temporary construction and permanent waterline easements affecting 2.047 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 2 April 1993. SECTION II. The Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easements for construction of the effluent forcemain and in the event the offer is not accepted in writing within ten (10) days of receipt, the Council does hereby authorize the town attorneys to file the requisite petition for condemnation and right of early entry on behalf of the Town of Leesburg pursuant to the Charter for the Town of Leesburg and Section 33.1-119 et. seq. of the 1950 Code of Virginia, as amended. The Council does further hereby authorize the Director of Finance to issue a check in the sum of $1,000.00, payable and to be deposited with the Clerk of the Circuit Court of Loudoun County, Virginia and does hereby authorize the Mayor to sign any and all documents, including but not limited to a certificate of take, to affect such acquisition. DISCUSSION Ms. Umstattd commented that she was voting no on items 10 Co),(c),(d),(e),(f), because they had not gone through Committee and were being drafted in front of Council. An informed decision would not be possible. She objected strenuously but appreciated staff's hard work. Ms. Bange stated the five items were covered by the bond referendum, therefore, in order to expedite the 391 work that needs to be done, Council needs to address the five items with the stipulation that they are all approved by the Town's legal counsel. Mayor Clem agreed with Ms. Bange. Mr. Trocino explained the situation as moving to save the Ryder contract, which was extremely advantageous to the town and he suggested this was the thing to do and it should be done now. VOTE Aye: Councilmember Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem Nay: Councilmember Umstattd MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and adopted. 94-15 - A RESOLUTION: AUTHORIZING AN OFFER TO TMB SERVICE CORPORATION, OR ITS SUCCESSOR OR ASSIGNS, FOR PURCHASE OF EASEMENTS AFFECTING 4.641 ACRES REQUIRED FOR CONSTRUCTION OF THE WATER POLLUTION CONTROL FACILITY EFFLUENT FORCEMAIN AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the current expansion and upgrade of Leesburg's Water Pollution Control Facility (WPCF), as approved by the Virginia and Maryland Departments of Environmental Quality, included the discharge of treated wastewater effluent to the Potomac River and construction of approximately 17,000 feet of forcemain from the town's WPCF, located south of State Route 7 and along a Virginia Power Company easement to the Potomac River; and WHEREAS, construction of the effluent forcemain is an essential element of the town's pollution abatement program and protect/on of Virginia's water from pollution; and WHEREAS, a need exists for acquisition of necessary easements from various property owners on whose property the alignment of the forcemain 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. TMB Service Corporation is hereby offered by the Town of Leesburg the sum of $4,000.00 for the purchase of temporary construction and permanent waterline easements affecting 4.641 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 2 April 1993. SECTION II. The Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easements for construction of the effluent forcemain and in the event the offer is not accepted in writing within ten (10) days of receipt, the Council does hereby authorize the town attorneys to file the requisite petition for condemnation and right of early entry on behalf of the Town of Leesburg pursuant to the Charter for the Town of Leesburg and Section 33.1-119 et. seq. of the 1950 Code of Vir~nia, as amended. The Council does further hereby authorize the Director of Finance to issue a check in the sum of $4,000.00, payable and to be deposited with the Clerk of the Circuit Court of Loudoun County, Virginia and does hereby authorize the Mayor to sign any and all documents, including but not limited to a certificate of take, to affect such acquisition. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem Nay: Councilmember Umstattd 10.(d) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 94-16 - A RESOLUTION: AUTHORIZING AN OFFER TO CBRE HOLDING COMPANY FOR PURCHASE OF EASEMENTS AFFECTING 1.584 ACRES REQUIRED FOR CONSTRUCTION OF THE WATER POLLUTION CONTROL FACILITY -7. 392 EFFLUENT FORCEMAIN AND ALrI~ORIZING CONDEMNATION PROCEEDINGS WHEREAS, the current expansion and upgrade of Leesburg's Water Pollution Control Facility (WPCF), as approved by the Virginia and Maryland Departments of Environmental Quality, included the discharge of treated wastewater effluent to the Potomac River and construction of approximately 17,000 feet of forcemain from the town's WPCF, located south of State Route 7 and along a Virginia Power Company easement to the Potomac River; and WHEREAS, construction of the effluent forcemain is an essential element of the town's pollution abatement program and protection of Virginia's water from pollution; and WHEREAS, a need exists for acquisition of necessary easements from various property owners on whose property the alignment of the forcemain 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. CBRE Holding Company, is hereby offered by the Town of Leesburg the sum of $1,000.00 for the purchase of temporary construction and permanent waterline easements affecting 1.584 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 2 April 1993. SECTION II. The Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easements for construction of the effluent forcemain and in the event the offer is not accepted in writing within ten (10) days of receipt, the Council does hereby authorize the town attorneys to file the requisite petition for condemnation and right of early entry on behalf of the Town of Leesburg pursuant to the Charter for the Town of Leesburg and Section 33.1-119 et. seq. of the 1950 Code of Virginia, as amended. The Council does further hereby authorize the Director of Finance to issue a check in the sum of $1,000.00, payable and to be deposited with the Clerk of the Circuit Court of Loudoun County, Virginia and does hereby authorize the Mayor to sign any and all documents, including but not limited to a certificate of take, to affect such acquisition. VOTE Aye: Nay: Councilmembers Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem Councilmember Umstattd lO.(e) MOTION On motion of Mr. Trocino, seconded by Mr. Blake, the following resolution was proposed, and adopted. 94-17 - A RESOLUTION: AUTHORIZING AN OFFER TO THE ESTATE OF FRANCES VALIANT SPEEK FOR PURCHASE OF EASEMENTS AFFECTING 2.731 ACRES REQUIRED FOR CONSTRUCTION OF THE WATER POLLUTION CONTROL FAClLrFY EFFLUENT FORCEMAIN AND ALrlHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the current expansion and upgrade of Leesburg's Water Pollution Control Facility (WPCF), as approved by the Virginia and Maryland Departments of Environmental Quality, included the discharge of treated wastewater effluent to the Potomac River and construction of approximately 17,000 feet of forcemain from the town's WPCF, located south of State Route 7 and along a Virginia Power Company easement to the Potomac River; and WHEREAS, construction of the effluent forcemain is an essential element of the town's pollution abatement program and protection of Virginia's water from pollution; and WHEREAS, a need exists for acquisition of necessary easements from various property owners on whose property the alignment of the forcemain 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: ! 393 SECTION I. The Estate of Frances Valiant Speek is hereby offered by the Town of Leesburg the sum of $1,000.00 for the purchase of temporary construction and permanent waterline easements affecting 2.731 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 2 April 1993. SECTION II. The Council hereby declares that an essential public convenience and necessity exists to acquire the nforesaid easements for construction of the effluent forcemain and in the event the offer is not accepted in writing within ten (10) days of receipt, the Council and does hereby authorize the town attorneys to file the requisite petition for condenmation and right of early entry on behalf of the Town of Leesburg pursuant to the Charter of the town of Leesburg and Section 33.1-119 et. seq. of the 1950 Code of Virginia, as amended. The Council does further hereby authorize the Director of Finance to issue a check in the sum of $1,000.00, payable and to be deposited with the Clerk of the Circuit Court of Loudoun County, Virginia and does hereby authorize the Mayor to sign any and all docmnents, including but not limited to a certificate of take, to affect such acquisition. VOTE Aye: Nay: Councilmembers AtweH, Bange, Blake, Trocino, Webb, and Mayor Clem Councilmember Umstattd !0.0'} MOTION On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and adopted. 94-18 - A RESOLUTION: AUTHORIZING AN OFFER TO CARADOC ESTATES, INC., FOR PURCHASE OF EASEMENTS AFFECTING 2.111 ACRES REQUIRED FOR CONSTRUCTION OF THE WATER POLLUTION CONTROL FACILITY EFFLUENT FORCEMAIN AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the current expansion and upgrade of Leesburg's Water Pollution Control Facility (WPCF), as approved by the Vir~nia and Maryland Departments of Environmental Quality, included the discharge of treated wastewater effluent to the Potomac River and construction of approximately 17,000 feet of forcemain from the town's WPCF, located south of State Route 7 and along a Virginia Power Company easement to the Potomac River; and WHEREAS, construction of the effluent forcemain is an essential element of the town's pollution abatement program and protection of Vir~nia's water from pollution; and WHERF_.A~, a need exists for acquisition of necessary easements from various property owners on whose property the alignment of the forcemain 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. Caradoc Estates, Inc., is hereby offered by the Town of Leesburg the sum of $1,000.00 for the purchase of temporary construction and permanent waterline easements affecting 2.111 acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 2 April 1993. SECTION II. The Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easements for construction of the effluent forcemain and in the event the offer is not accepted in writing within ten (10) days of receipt, the Council does hereby authorize the town attorneys to file the requisite petition for condemnation and right of early entry on behalf of the Town of Leesburg pursuant to the Charter for the Town of Leesburg and Section 33.1-119 et. seq. of the 1950 Code of Virginia, as amended. The Council does further hereby authorize the Director of Finance to issue a check in the sum of $1,000.00, payable and to be deposited with the Clerk of the Circuit Court of Loudoun County, Virginia and does hereby authorize the Mayor to sign any and all documents, including but not limited to a certificate of take, to affect such acquisition. VOTE Aye: Nay: Councilmembers Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem Councilmember Umstattd Mr. Brown thanked the Council for its efforts on these items. Mr. Shoemaker thanked the Council for its efforts. 394 Mayor Clem stated that he preferred not trying to payroll these things at the last minute, but reco~tmi~ing the urgency of it, the Council would make the exception. Mr. Brown stated it was the Town's hope that this would not be needed, that signatures would be obtained without going through condenmation. Mayor Clem announced his intentions to seek a second term as Mayor. His statement follows: I am today announcing my candidacy for re-election as Mayor of Leesburg. As Mayor for the past two years, I have discovered that a Mayor has three major obligations. He must lead, listen, and look. Leading requires working with Council, staff, citizens to get things done that are promised, are necessary, and can be paid for. Listening involves hearing what our citizens are sayini¢ and making sure their voices and yes, their criticisms, are heard, and finally looking, which is sometimes more important than reading reports. Looking requires checking things out for myself. My record shows that when I see something that needs attention, and isn't being done, I am willing to step in and do a share myself. I have worked hard to show and demonstrate a strong physical responsibility for our community. It is my desire to continue working for the citizens of Leesburg* by maintaining a safe, clean, and attractive community for all of us to live in and enjoy, while maintaining physical responsibility. For this reason, I will be seeking a second term as Mayor of the Town of Leesburg. In my next term, I will continue to lead, listen and look. You can count on it. Mr. Trocino questioned the issue of the board and commission terms. Mayor Clem recommended an Executive Session. MORON On motion of, and duly seconded, the meeting was adjourned at 9:05 p.m. (~l~erk of Council