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Home My Public Portal About1995_11_07SPECIAL MEETING MINUTES NOVEMBER 7, 1995 A special meeting of the Leesburg Town Council was held on Tuesday, November 7, 1995 at 5:00 p.m., in the Council Chambers, 25 West Market Street. Notice having been delivered to all Councilmembers priorthereto. The purposes of the meeting were to initiate a rezoning amendment of Potomac Station and authorize easements for Virginia Power at the County Complex site and the Cattail Branch Pumping Station. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembers present George F. Atwell J. Frank Buttery, Jr. Jeweil M. Emswiller Joseph R. Trocino Kristen C. Umstattd (absent) William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Utilities Randolph W. Shoemaker Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Gary Huff Assistant Town Manager for Economic Development John Henry King Town Attorney George Martin Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Marldand Mr. Shoemaker presented the staff report on the Virginia Power right-of-way agreement for the Cattail Branch Pumping Station. MOTION Mr. Trocino moved the adoption of agenda items 2 and 4. The motion was seconded by Mr. Webb. DISCUSSION Mr. Atwell referred to the Cattail Branch resolution, Section II which states... The Director of Utilities is hereby authorized and directed to execute a contract addendum, on behalf of the town, obligating the town to reimburse VPC for any future electric service relocation costs when performed solely for the benefit of the town. Mr. Atwell stated he assumes the town is talking about the Cattail Branch Pump Station only. Mr. Shoemaker answered that is correct. Mr. Webb suggested inserting the words, "for the Cattail Branch Pump Station" in the third line of Section II, after the word ~costs.' Mayor Clem stated the Council is only talking about the one item and asked if there is any discussion on the one item. Being none Mayor Clem called for the question. A RESOLUTION AUTHORIZING CONVEYANCE OF A RIGHT OF WAY TO VIRGINIA POWER COMPANY FOR THE CATTAIL BRANCH PUMP STATION WHEREAS, the Town of Leesburg is the fee simple owner of parcel 62-2A1, containing 0.8563 acres, known as the Cattail Branch Pump Station site; and WHEREAS, Vir~nia Power Company (VPC) requires a 15' right of way on the property to provide electric power service to the pump station; and WHEREAS, a condition of the VPC Right of Way Agreement obligates the grantor to reimburse the grantee (VPC) in the event electric facilities are relocated at the grantor's request; and WHEREAS, grantors of offsite electric easements have requested an addendum to the agreement, whereby the town will reimburse VPC for any future relocation of the electric facilities, when performed solely to benefit the town's needs; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor is hereby authorized to execute, on behalf of the town, said Right of Way Agreement with V~ginia Power Company conveying an electric easement as detailed on Virginia Power plat #48-95-0233. SECTION II. The Director of Utilities is hereby authorized and directed to execute a contract addendum, on behalf of the town, obligating the town to reimburse VPC for any future electric service relocation costs for the Cattail Branch Pump Station when performed solely for the benefit of the town. VOTE: Aye: Counciimembers Atwell, Buttery, Emswiller, Trocino, Webb and Mayor Clem Nay: None Absent: Councilrnember Umstattd Mr. Brown and Mr. Mason provided the staff report on the Vir~nia Power right-of-way easement agreement at the Vinegar Hill Parking Lot for the County Complex. MOTION Mr. Webb moved the adoption of agenda item 4. Mr. Atwell stated, "following parliamentary procedure, I thought Mr. Trocino's motion was for both pieces of legislation and Mr. Webb's second was for both pieces of legislation.~ Mr. Trocino agreed with Mr. Atwell stating, '~es I thought we voted on these already." Mayor Clem, "No we took one item at a time." Mr. AtwelL '~Fhen Mr. Trocino's motion was out of order." Mayor Clem, "Then we will have to re-vote." Mr. Trocino, "Then we will have to re-vote because I put both items on the table." Mayor Clem, '~I'he question was raised and I said we could only handle one. After we take action on this one we will go back and do the other one. We have a motion on the floor for Vir~nia Power right-of-way easement at the Vinegar Hill Parking Lot for the County Complex. I have a motion by Mr. Webb." Mr. Webb's motion was then seconded by Mr. Buttery. 95-216 - A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FOR VIRGINIA POWER ON THE VINEGAR HILL PARKING LOT PROPERTY WHEREAS, Vir~nia Power has requested a right-of-way for underground work on the land owned by the Town of Leesburg at the Vinegar Hill Parking Lot to provide electric service to the Loudoun County Complex at 5 Harrison Street; and WHEREAS, the right-of-way agreement has been submitted to the Deputy Town Attorney and Director of Engineering and Public Works for review; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: The Mayor is authorized to sign the right-of-way agreement for the easement requested by the Virginia Power on the Vinegar Hill Parking Lot Property. The right-of-way agreement shall be in a form approved by the Town Attorney. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb and Mayor Clem Nay: None Absent: Councilmember Umstattd MOTION: On motion of Mr. Trocino, seconded by Mr. Webb~ the following resolution was proposed and adopted. 95-217 - A RESOLUTION AUTHORIZING CONVEYANCE OF A RIGHT OF WAY TO VIRGINIA POWER COMPANY FOR THE CATTAIL BRANCH PUMP STATION WHEREAS, the Town of Leesburg is the fee simple owner of parcel 62-2A1, contaimng0.8563 acres, known as the Cattail Branch Pump Station site; and WHEREAS, Vir~nia Power Company (VPC) requires a 15' right of way on the property to provide electric power service to the pump station; and WHEREAS, a condition of the VPC Right of Way Agreement obligates the grantor to reimburse the grantee (VPC) in the event electric facilities are relocated at the grantor's request; and WHEREAS, grantors of offsite electric easements have requested an addendum to the agreement, whereby the town will reimburse V-PC for any future relocation of the electric facilities, when performed solely to benefit the town's needs; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor is hereby authorized to execute, on behalf of the town, said Right of Way Agreement with Virginia Power Company conveying an electric easement as detailed on Virginia Power plat SECTION II. The Director of Utilities is hereby authorized and directed to execute a contract addendum, on behalf of the town, obligating the town to reimburse VPC for any future electric service relocation costs for the Cattail Branch Pump Station when performed solely for the benefit of the town. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb and Mayor Clem Nay: None Absent: Councilmember Umstattd NEW BUSINESS Mr. Brown presented the staff report regarding #ZM-147 Potomac Station PRC (formerly Harper Park PRC) concept plan and proffer amendment to #ZM-134 Harper Park - setting a public hearing. MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 95-218 - A RESOLUTION AUTHORIZING A NOTICE OF JOINT PUBLIC HEARING #ZM-147 TO AMEND THE EXISTING CONCEPT PLAN AND PROFFER AMENDMENT ESTABLISHED FOR #ZM-134 HARPER PARK PRC, REQUESTED BY GOOSE CREEK COMMUNITIES, L.L.C., TMB SERVICE CORPORATION, AND THE TOWN OF LEESBURG RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows: A notice of Public Hearing for #ZM-147 Potomac Station PRC (formerly Harper Park PRC) Concept Plan and Proffer Amendment to #ZM-134 Harper Park PRC by Goose Creek Communities L.L.C., and TMB Service Corporation paid for by the Town of Leesburg for public hearing to be considered jointly by the Leesburg Town Council and the Leesburg Planning Commission to accommodate the timely dedication of the Potomac Station Middle School site and associated matters shall be published in the Leesburg Today on November 15, 1995 and November 22, 1995 for a joint public hearing on Tuesday November 28, 1995 in the Council Chambers of the Government Center at 25 West Market Street, Leesburg, Vir~nia 22075. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb and Mayor Clem Nay: None Absent: Councilraember Umstattd On motion of, and duly seconded, the meeting was adjourned at 5:10 p.m. Clerk of Council a~m~es E. (~lem, Mayor Town of Leesburg SPEC. 11/7/95