HomeMy Public PortalAbout1995_03_14 TOWN COUNCIL MEETING MINUTES OF MARCH 14, 1995
A regular meeting of the Leesburg Town Council was held on March 14, 1995, at 7:30 p.m. in the
Council Chambers, 2~ West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor.
INVOCATION was given by Councilmember Webb
SALUTE TO THE FLAG was led by Town Manager Steven C. Brown
ROLL CALL
Councilmembers present
George F. Atwell
Frank J. Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Planning, Zoning, and Development Michael Tompkins
Planner Marilee Seigfi'ied
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the regular meeting minutes of February 28, 1995 and
the special meeting minutes of February 8, 1995 and March 1, 1995 were approved as written.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
PUBLIC HEARING: To consider Special Exception #SE-95-01 Campbell's Used Cars
Mr. Tompkins provided the staff report.
There was no public comment. Mayor Clem closed the public hearing.
Mr. Webb stated the access road to South King Street has been grandfathered. The applicant has agreed to
replace the buffer between the townhouses and his property and the stand of hardwood trees will remain.
PETITIONERS
Senator Charles Waddell addressed the Town Council providing an overview of the last session of the
legislature.
Mary_ Portscheller, Director of Shenandoah University's Loudoun Campus, announced a new degree
completion opportunity.
Lyn Harper, Director of Loudoun County Transitional Housing Program, extended invitations to the Town
Council to become involved in the program, visit the facility, and attend the upcoming Walk and Roll Event.
COUNCHAVlEMBER COMMENTS
Ms. Emswiller announced the Tourism Task Force would be in attendance at the March 21, 1995 Finance
Committee meeting. She invited the public to attend and share views with the Tourism Task Force.
Ms. Emswiller thanked everyone for their efforts in the American Cancer Society's Daffodil Day.
Mr. Atwell had no comment.
Mr. Trocino had no comment.
Ms. Umstattd had no comment.
Mr. Buttery expressed appreciation for Senator Waddell's comments and hard work.
Mr. Webb echoed Mr. Buttery's comments also thanking Senator Waddell.
Mr. Webb reported the final draft of the cable franchise will be forwarded to the Administration and Public
Works Committee on March 21, 1995.
He stated that while the Planning Commission made format changes at its last meeting, the Town Plan should
be forwarded to the Town Council within the next two months.
MAYOR'S REPORT
Mayor Clem concurred with recent comments made by Ms. Umstattd in regard to emergency situations. He
asked that Mr. Brown look into the cost of pagers.
Mayor Clem referenced a recent resolution regarding the closing of downtown streets. He stated a mutual
agreement has been made between the downtown merchants and the Loudoun Museum.
MANAGER'S REPORT
Mr. Brown announced the retirement of Police Chief James M. Kidweli effective June 30, 1995.
Mr. Brown reviewed the Activity Report.
LEGISlaTION
10.(a)
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and unanimously
adopted.
95-0-6 - AN ORDINANCE: APPROVING SPECIAL EXCEPTION #95-01 CAMPBELLS USED CARS,
BY TUNIS H. CAMPBELL, JR. AND DORIS W. CAMPBELL
WHEREAS, Tunis H. Campbell, Jr. and Doris W. Campbell have requested special exception
approval to expand an existing auto repair facility located at 809-A South King Street; and
WHEREAS, an automobile repair facility is a special exception use in the B-2 zoning district; and
WHEREAS, on February 16, 1995 the Planning Commission recommended conditional approval of
#SE-95-01; and
WHEREAS, on March 14, 1995, the Town Council held a public hearing on this application; and
WHEREAS, the proposed use meets the general and specific review criteria set forth in the special
exception regulations of the zoning ordinance.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Special exception application #SE-95.01 auto repair facility, by Tunis H. Campbell, Jr.
and Doris W. Campbell, 809-A South King Street, as identified in the Loudoun County Tax Records as Tax
Map 48B ((1)) Parcels 26 & 30, is hereby approved subject to the following conditions:
1. Development of the site is in general conformity with the special exception concept plan
prepared by Bowers & Associates, P.C. dated January 9, 1995.
2. The applicant identify any town utilities located on the site and dedicate such easements
prior to the issuance of a town occupancy permit.
SECTION II. This ordinance shall be in effect upon its passage.
VOTE
Aye:
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
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10. Co). (c), (d), (e).lf), (~), ih). ii), fi).
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the following resolutions were proposed as consent and
unanimously adopted.
95-47 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND APPROVING THE PERFORMANCE GUARANTEE
FOR POTOMAC CROSSING SECTION 1E
WHEREAS, Richmond American Homes, the developer of Potomac Crossing Section 1E, has not
completed all the required public improvements in accordance with the approved construction drawings and
town standards within the two year period agreed to in the contract for public improvements and two
additional one year time extensions; and
WHEREAS, the developer has requested an additional one (1) year time extension to complete the
public improvements; and
WHE~, a corporate surety bond in the amount of $91,600.00 from American Motorists
Insurance Company was provided by the developer to guarantee the installation of public improvements in
Potomac Crossing Section 1E; and
WHEREAS, Richmond American does not own the remaining lots in Potomac Crossing Section 1E;
Arkin Homes, the owner, currently has three remaining lots on which house construction has not started; and
WHEREAS, Richmond American is obligated by contract with the town to complete the remaining
public improvements and would like to complete the portion under the contract for public improvements
without the houses completed on the lots; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $91,600.00
as sufficient to complete the public improvements in Potomac Crossing Section 1E; and
WHEREAS, the completion of the public improvements is a high priority of the town and the
developer should proceed with completion of the work as soon as possible.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from American Motorists Insurance Company in the
amount of $91,600.00 is approved to guarantee the installation of public improvements in Potomac Crossing
Section 1E.
SECTION II. A time extension to March 21, 1996 for completion of the public improvements is
approved.
95-48 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
LEESBURG GATEWAY CONDOS
WHEREAS, Leo Chiang Development III, the developer of Leesburg Gateway Condos, has not
completed all the required public improvements in accordance with the approved construction drawings and
town standards within the two year period agreed to in the contract for public improvements; and
WHERF_a~, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a letter of credit in the amount of $239,2~2.00 from Eastern American Bank was
provided by the developer to guarantee the installation of public improvements at Leesburg Gateway Condos.
This letter of credit is currently in effect until May 29, 1996 and will be automatically extended for successive
one year period of time; and
WHEREAS, the financial rating of Eastern American Bank has gone below the minimum the
requirements of the town for a financial institution issuing letters of credit; and
WHEREAS, the letter of credit from Eastern American Bank is now confirmed by a letter of credit
from Signet Bank/Virginia; and
WHEREAS, the Director of Finance has approved the financial standing of Signet Bank/Vir~nia;
and
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WHEREAS, the Director of Engineering and Public Works has approved the amount of $239,252.00
as sufficient to complete the public improvements at Leesburg Gateway Condos.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. A time extension to March 14, 1996 for the installation of public improvements is
hereby approved for Leesburg Gateway Condos.
SECTION II. The letter of credit from Eastern American Bank, confirmed by Signet Bank/Virginia
in the amount of $239,252.00 is approved to guarantee the installation of public improvements at Leesburg
Gateway Condos.
95-49 A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE HERITAGE
HALL 5 NURSING HOME ADDITION
WHEREAS, Heritage HaH 5 Addition Limited Partnership and HCMF Management Corporation,
the developer of the Heritage Hall 5 Nursing Home Addition has completed the public improvements in
accordance with approved plans and town standards, and these have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from Fidelity and Deposit Company of Maryland in the
amount of $14,380.00 is released. A new security in a form approved by the town attorney for a maintenance
guarantee in the amount of $719.00 is approved, and shall be in effect for a period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
95-50 A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE ANTIQUE
CENTER ACCESS ~ FOOD LION
WHEREAS, Food Lion, Inc., the developer for the Antique Center Acce~ @ Food Lion has
completed the public improvements in accordance with approved plans and town standards, and these have
been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Wachovia Bank of North Carolina, N.A. confirmed by Central
Fidelity Bank in the amount of $61,667.00 is released. A new security in a form approved by the town
attorney for a maintenance guarantee in the amount of $3,083.55 is approved, and shall be in effect for a
period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
95-51 - RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS AT THE FOOD LION TRAFFIC SIGNAL
INSTALLATION @ ROUTE 15 AND DAVIS AVENUE
WHEREAS, Food Lion, Inc., the developer for the Food Lion Traffic Signal Installation @ Route
15 and Davis Avenue has completed the public improvements in accordance with approved plans and town
standards, and these have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. The letter of credit from Wachovia Bank of North Carolina, N.A. conf'mned by Central
Fidelity Bank in the amount of $90,000.00 is released. A new security in a form approved by the town
attorney for a maintenance guarantee in the amount of $4,500.00 is approved, and shall be in effect for a
period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
95-$2 - A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
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GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE
INTERNATIONAL HOUSE OF PANCAKES
WHE~, International House of Pancakes Corporation, the developer of the International House
of Pancakes Restaurant at Shenandoah Square Shopping Center has completed the public improvements in
accordance with approved plans and town standards, and these have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The cash bond in the amount of $24,618.00 is released. A new security in a form
approved by the town attorney for a maintenance guarantee in the amount of $1,230.90 is approved, and shall
be in effect for a period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
95-53 A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT FOOD LION
WHEREAS, Food Lion, Inc., the developer for the Food Lion Supermarket has completed the public
improvements in accordance with approved plans and town standards, and these have been inspected and
approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Wachovia Bank of North Carolina, N.A. confirmed by Central
Fidelity Bank in the amount of $362,696.00 is released. A new security in a form approved by the town
attorney for a maintenance guarantee in the amount of $18,134.80 is approved, and shall be in effect for a
period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
95-54 - A RESOLUTION: REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACCEPT CERTAIN STREETS
RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
The Virginia Department of Transportation is requested to accept into the Virginia Department of
Transportation arterial and secondary system .18 lane miles of Bridgette Place (38' width); .08 lane miles~of
Barbara Court (30' width); .20 lanes miles of Ariel Drive (36' width); .46 lanes miles of Catoctin Circle (38'
width); .20 lane miles of Longfellow Drive (36' width); .08 lane miles of Burrows Court (30' width); .40 lane
miles of Bellview Drive (30' width); .24 lane miles of Southview Place (36' width); .14 lane miles of Ashford
Court (30' width); .18 lane miles of Grafton Way (36' width); .10 lane miles of Chatfield Way (40' width);
.24 lanes miles of Whitney Place (30' width); .14 lanes miles of Ashton Drive (38' width); .28 lanes miles of
Wingate Place (36' width); .18 lane miles of Chatfield Way (38' width); .78 lane miles of Stoneledge Place
(36' width); .18 lane miles of Clairmont Court (30' width); .56 lane miles of Oakcrest Manor Drive (38'
width); .20 lane miles of Tudor Court (30' width); .16 lane miles of Davis Court (30' width); .14 lane miles
of Chinmey Court (30' width); .10 lane miles of Amber Court (30' width); .16 lane miles of Georgetown
Court (30' width); .08 lane miles of Tracy Court (30' width); .46 lane miles of Whitney Place (38' width); .12
lane miles of Whitney Place (30' width); .24 lanes miles of Greenmont Way (36' width); .16 lanes miles of
Thistle Way (36' width); .22 lane miles of Elkridge Way (36' width); .30 lane miles of Colleen Court (30'
width); .38 lane miles of Old Waterford Road (18' width); and .16 lane miles of Newhall Place (36' width)
as listed on the accompanying Form U-l, in accordance with the requirements of Section 33.1-41.1 of the
1950 Code of Virginia as amended.
95.55 - A RESOLUTION: REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION
(VDOT} FUNDING FOR HIGHWAY PROJECTS WITHIN THE TOWN OF
LEESBURG IN THE VDOT SlX YEAR IMPROVEMENTS PROGRAM
FOR FISCAL YEARS 1995-1996 THROUGH 2000-2001
WHE~, the Virginia Department of Transportation (VDOT hereinafter) is revising the Six Year
Improvements Program for fiscal years 1995-1996 through 2000-2001; and
WHEREAS, VDOT will be conducting a pre-allocation hearing on March 30, 1995 in Prince William
County to determine funding for urban system and primary system projects in the Northern Virginia
Construction District; and
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WHEREAS, it is necessary that a request by council resolution be made before VDOT allocates
funds in the Six Year Improvements Program for urban system projects; and
WHEREAS, the Plaza Street Extension project, the Catoctin Circle Extension, and the widening of
Catoctin Circle from South King Street to Market Street are already in the VDOT Six Year plan as Urban
System Projects; and
WHEREAS, Improvements to the intersection of Sycolin Road and the Route 7/15 Bypass, interim
improvements to Route 7, completion of the Route 7/15 interchange, and widening of Route 7 to six lanes,
are already in the VDOT Six Year plan as Primary System Projects.
WHEREAS, the Northern Virginia Transportation Coordinating Council included in/ts adopted
FY96 Transportation Improvements Program a project to begin the preliminary engineering phase of the
widening of the Route 7/15 Bypass from 4 to 6 lanes; and
WHEREAS, the existing intersection of Sycolin Road and the Route 7/15 Bypass has the highest
accident rate within the Town of Leesburg;
WHEREAS, traffic on Route 7 between the east corporate limits and the Route 7/15 interchange
exceeds 49,000 vehicles per day (vpd) and is causing traffic backups and delays during evening rush hours
resulting in a bottleneck at the entrance to Leesburg from the east; and
WHEREAS, current traffic volumes on Route 7 in Leesburg are significantly greater than traffic
volumes on many major Interstate and Primary Roads across Virginia such as:
Interstate 66 at Route 234 47,000 vpd
(Prince William County)
Interstate 81 at Interstate 581
(Roanoke)
U.S. 60 at Route 147
(Midlothian)
41,000 vpd
U.S. 460 at Route 58 34,000 vpd
(Suffolk)
Interstate 64 at Interstate 464
(Chesapeake)
45,000 vpd
WHEREAS, the level of service on Route 7 at the interchange is '1~ during the p.m. peak, which
is far below an acceptable level of service as determined by both VDOT and the town; and
WHEREAS, the completion of the Route 7/15 interchange, which would greatly improve the flow
of traffic at this important regional interchange, is the only long term solution available.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION 1. VDOT is requested to continue to include and fund the following urban system
projects as part of its SIX year plan:
Priority Project Description
Plaza Street Extension from East Market Street to Sycolin Road at
Rockbridge Drive, a distance of approximately 2,700'.
2
Widen Catoctin Circle from South Street west to South King Street
to accommodate four travel lanes and a turning lane for a distance
of approximately 3300'.
SECTION II. The town agrees to pay its share of the total costs for preliminary engineering, right-
of-way and construction of these projects in accordance with Section 33.1-44 of the Code of Virginia, as
amended and that, if the council subsequently elects to stop or cancel any of the projects, the town hereby
agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date VDOT
is notified of such suspension or cancellation.
SECTION III. VDOT is requested to continue to fund and complete construction as soon as
possible for the improvements to the Sycolin Road Route 7/15 Bypass intersection for the following reasons:
The existing signalized intersection at Sycolin Road aad the Route 7/15 Bypass has the
highest accident rate in the Town of Leesburg.
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Existing turn lanes are far too short to provide adequate storage for turning vehicles
resulting in an unacceptable level of service.
3. Sycolin Road south of the Route 7/15 Bypass has no turn lanes.
4. Traffic volumes on these major roads continue to increase.
The Dulles Greenway is expected to open in the fall of 1995. This new toll freeway connects
to the Route 7/15 Bypass within 1/2 mile west of Sycolin Road.
6. Improving the traffic safety at this intersection is critical to the regional road network.
SECTION IV. VDOT is requested to continue to include and fund primary system projects for; the
completion of the grade separated interchange at the partially completed Route 7/15 interchange on the east
end of town and to widen Route 7 from four lanes to six lanes for the following reasons:
The current interchange is beyond capacity at peak hours and future traffic from local and
regional growth continues to escalate traffic problems at this intersection.
The future of commerce and economic development in Leesburg depends a great deal on
the ability of the Route ?/15 interchange to function at an acceptable level of sereice.
This project is included in the corridor study submitted by VDOT to the Town of Leesburg
and approved by the Leesburg Town Council.
Development within the required right-of-way at the southwest quadrant of the interchange
is eminent.
Acquisition of this right-of-way prior to development of the property will save millions of
dollars of tax payers' money.
SECTION V. VDOT is requested to continue to include and fund the primary system project for
interim improvements to Route 7 on the east side of the Route 7/15 interchange for the following reasons:
The need for immediate improvements to address the major traffic delays at the Route 7/15
interchange has been identified by VDOT and the town.
The interim improvements proposed are supported by the VDOT Leesburg Residency
Office, the Northern Virginia District Office, the Town of Leesburg and Loudoun County.
The time frame for completion of the complete interchange is too long a period to go
without attempting to improve traffic flow and reduce congestion therefore.
SECTION VI. VDOT is requested to establish a primary system project to widen the Route 7
Bypass from four lanes to six lanes and to complete the interchange at Route 15 and the Route 7 bypass for
the following reasons:
1. Current traffic volume on the Route 7 bypass exceeds 29,000 vehicles per day.
Increasing traffic volumes are causing a decrease in safety and level of service along the
Route 7 bypass.
The Dulles Greenway (Toll Road), which is currently under construction, is planned to be
completed in the fall of 1995 and will add additional traffic to the Route 7 bypass.
Traffic volumes are estimated to be as high as 74,000 vehicles ver day by 2010 per the traffic
volume projections prepared for the Dulles Greenway. This projected volume is nearly as
great at the current traffic volume (79,000 vpd) using the Hampton Roads Bridge Tunnel
in Norfolk and Hampton.
The Northern Virginia Transportation Coordinating Council has determined the widening
of the Route 7/15 Bypass is a needed regional transportation improvement project and has
approved funding for preliminary engineering for FY96.
95-56 - AUTHORIZING AN APPROPRIATION TO REIMBURSE THE LF. ESBURG HANGAR
CONDOMINIUM ASSOCIATION FOR PAVING EXPENSES AT THE LEESBURG
MUNICIPAL AIRPORT
WHE~, the Leesburg Condominium Hangar Association requested a three year extension to
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their initial lease term in consideration for their expense in paving of a large graveled area immediately north
of the hangars, on non-leasehold town property; and
WHEREAS, the Leesburg Airport Commission recommended in favor of the lease amendment
request; and
WHEREAS, the Leesburg Condominium Hangar Association proceeded in good faith to have the
work completed base on the recommendation of the commission; and
WHEREAS, this work was completed prior to Town Council authorization of the subject lease
amendment; and
WHEREAS, the Town Council Finance Committee recommended against the proposed lease
amendment, but in favor of reimbursing the association for their cost associated with paving this graveled
area on town property:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropriation of $11,025 is hereby made from the unappropriated General Fund balance to
reimburse the Leesburg Hangar Condominium Association for paving expenses at the Leesburg Municipal
Airport.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
10.(1)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted.
95-57 - A RESOLUTION: MAKING APPROPRIATIONS FROM THE CAPITAL PROJECTS FUND
FOR THE PURPOSE OF CONSTRU~G CAPITAL PROJECTS FOR
THE COUNTY GOVERNMENT CENTER
WHEREAS, the Town Council approved Resolution No. 94-232 on November 7, 1994, authorizing
the execution of a Letter of Understanding between the town, Gilbane and Gilcorp; and
WHEREAS, the Letter of Understanding identified several capital projects that were the town's
responsibility to ensure the county government center is constructed in downtown Leesburg; and
WHEREAS, a short-term bond issue was authorized to fund these projects.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. $550,000 is hereby appropriated to construct the relocation of a box culvert storm drain
and install an 8" waterline for the Loudoun County Government Center.
SECTION II. $6,000 is hereby appropriated to construct the electric connections needed for the
Loudoun County Government Center.
SECTION III. $80,000 is hereby appropriated to relocate the telephone line located in Church Street
for the Loudoun County Government Center.
SECTION IV. $95,000 is hereby appropriated to expand the Harrison Street sanitary sewer for the
Loudoun County Government Center.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem
Nay: Councilmember Umstattd
10.(m)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted.
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95-58 - A RESOLUTION: ALrI~ORIZING AN OFFER TO JOHN H. ROCCA, TRUSTEE OR ITS
SUCCESSOR OR ASSIGNS, FOR ACQUISITION OF 2,750 SQUARE FEET
OF TEMPORARY ACCESS AND WATERLINE EASEMENT REQUIRED
FOR CONSTRUCTION OF A WATERLINE TO SERVE THE COUNTY
COMPLEX AND AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, a need exists for acquisition of a 2,750 square foot temporary access and waterline
easement from John H. Rocca, Trustee 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 the easement has been established by a certified appraiser:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. John H. Rocca, Trustee is hereby offered the sum of $7,000.00 for the purchase of
temporary and permanent access and waterline easement affecting 2,750 square feet, more or less as shown
on the attached plat of Joseph G. Paciulli, dated 16, January 1995.
SECTION II. The Council hereby declares that an essential public convenience and necessity exists
to acquire the aforesaid easement for construction of the waterline for the County Complex and in the event
the offer is not accepted in writing within five (5) 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 $7,000.00, payable and to be deposited with the Clerk of the Circuit Court of Loudoun County,
Vir~nia, 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, Buttery, Emswiller, Trocino, Webb, and Mayor Clem
Councilmember Umstattd
10.(n) was not adopted.
It was decided that beginning on March 29, 1995 future budget worksessions will begin at 7 p.m.
MOTION
On motion of, and duly seconded, the meeting was adjourned at 9 p.m.
em, Mayor
Clerk of Council
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