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HomeMy Public PortalAbout1992_01_14 (2)REGULAR MEETING MINUTES OF THE LEESBURG TOWN COUNCIL JANUARY 14, 1992 A regular meeting of the Leesburg Town Council was held on January 14, 1992, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Robert E. Sevila. INVOCATION was given by Councilmember Donald A. Kimball SALUTE TO THE FLAG was led by Clerk of Council Barbara Markland ROLL CALL Councilmembers present Georgia W. Bange James E. Clem Christine M. Forester Donald A. Kimball Claxton E. Lovin William F. Webb Mayor Sevila Staff members present Town Manager Steven C. Brown Assistant Town Manager for Economic Development and Administration Peter Stephenson Director of Finance Paul E. York Director of Planning, Zoning and Development Michael Tompkins Director of Engineering and Public Works Thomas A. Mason Zoning Administrator Scott Johnson Planner Gene Arner Public Information Officer Susan Farmer Officer Wesley Thompson Officer Thomas Grey Lieutenant O'Neil Stewart Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland APPROVAL OF MINUTES MOTION On motion of Mr. Clem, seconded by Mr. Webb, the special meeting minutes of October 29, 1991, November 12, 1991, November 26, 1991, December 18, 1991 and the regular meeting minutes of November 26, 1991 and December 10, 1991 were approved as written. VOTE Aye'. Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None CERTIFICATES OF APPRECIATION Mayor Sevila called upon Leesburg Police Officers Thomas Grey and Wesley Thompson to present them with a Certificate of Appreciation. The officers conducted a thorough search and took prompt action to prevent a suicide and save a citizen's life. PETITIONERS Mr. Kevin Wright, representing the Talley Ho Theater, addressed the Council with regard to the parking garage. Mr. Wright's statement is attached and made a part of the official record. Mr. Wright reported on some improvements to the theater that will be taking place soon. Improvements will be made to the stereo sound, larger screens will be installed, new curtains inside the theater, improvements in the lobby as well as on the front of the building. Mayor Sevila asked that Mr. Brown review Mr. Wright's letter. Mr. J. B. Anderson addressed the Council. He stated that about 7 years ago the Leesburg Volunteer Fire Company saw a long term need for fire stations in the Town of Leesburg. "We seffo,'th two, five and ten year goals. A committee was established and we put these goals together basing identification needs for sites in two pm~icular areas in town. Due to the construction and development of Leesburg Minutes of January 14, 1992 the sites were flipflopped. We had to pursue for a northeast site quicker then we anticipated. Working with this Town Council at the time, the Town Manager, the Planning Commission, the developers and committees from the fire company, we began a process to identify a site location. We identified a number of sites not only in the northeast quadrant but also at the proposed Stowers tract and also in the Country Club Apartments area. On the advice of the Council and Town Manager we moved forth with the recommendation of the developers in that area for working out the ballfield and fire station at the Exeter site which has been an issue for the last two years. In 1990 this Council chose to hold Off on the Exeter site with a directive that another site be investigated. If the ad hoc committee could not come up with an adequate site, as Mayor Sevila stated, we would have to revisit the Exeter site. The fire company has done a tremendous amount of work in the seven years. The ad hoc committee spent over one year and several hundred hours. We put together our recommendations and sent it forward with a report. A site selection that was acceptable although not fully within the perimeters of identification, not quite as large and it also had a price tag. The ad hoc committee also recommended the consideration of the Exeter site if this site did not come forth. Council received that report. Council sent it to the Planning Commission with a directive to look at the Honicon site and to evaluate the proffered Edwards Landing site. Since the Ed~. : :'is Landing site was already proffered there was not much the commission needed to do other then st.,~ it back and say yes it looks good for the future. The Honicon site was withdrawn. We are back to square one. The ad hoc committee, at the direction of the Council, identified perimeters that would identify sites in that entire no~heast quadrant. The committee did that. They evaluated forty four sites non of which fit the parameters except the Exeter site and the Honicon site. Since the Honicon site is no longer available there is only one site left. Simple math. We have a fire station or we don't. If this were political football Leesburg would be the Super Bowl champs. We have bounced this issue from Council to commission to committee back and forth more times then the Skins have gone to the Super Bowl. It is time to take action. Sending this issue to the CAC committee does nothing more then put it back into a committee that will do no more then make a recommendation to the site in that quadrant. It has not been directed to identify a site. That has already been done by the ad hoc committee. Sites were identified, eliminated, evaluated and narrowed down. The simple solution is one site. The fire company is already behind. We have to identify a lot of things to put a station into operation. Not just equipment and people but the site itself, the architectural drawings, development of the building, entrances, exits, whether it is going to be a one store building based on land size versus two story. There are a lot of things that can change that entire station. We can no longer continue to wait. It is time for the Council to make a decision. If it needs to go to public hearing in the next month then lets do it. In my recommendation to the ad hoc committee I pointed out something very clearly. If we can't come up with a solution put it to the vote of the citizens. The fire company in its efforts to come up ~vith a petition, developed eight hundred names. The opposition had one hundred. It was obvious that it was an eight to one vote in favor of a site in that district. If you put it before the people of Leesbm'g you will find an ove~vhelming majority will support a fire station exactly where we said. They need that protection. At some point in time somebody's house will burn or somebody will die. We pray it never happens. We do everything we can to prevent it. From prevention to the establishment of fire stations. All we are asking you to do is make a decision. Don't bounce it around. Lets not play football. Lets make our decisions now. We have given you every piece of information we can. There should be nothing in anybody's mind as far as a question goes. We would be glad to answer any questions. Don't put it off because there is not enough information or no questions answered. Its simple - one or none." Mr. John Yarbrough, a resident of Exeter, addressed the Council with regard to the proposed fire station site. He stated that the land in question was not truly in proffer category as is normally considered. "When the development was originally planned and approved in the Comprehensive To~vn Plan of Leesburg there was, in addition to the other amenities, a golf course. Due to difficulty to the developing of the propet~cy, the ownership changed hands and during that period of time the Pulte Compahy went through the exercise of determining whether or not the golf course would be acceptable or possible. The site in question is presently shown in the Comprehensive Town Plan as two junior ball fields. That was negotiated, not through the town and the developer, but by the homeowners of Exeter. In the meantime we have gone through the arduous times of trying to come up with a site that is amenable to all. I take exception to the contention that the Exeter site was an alternative site in the ad hoc committee's report. The Exeter site is no more available today then it was a year or two ago. Nothing has changed. The reasoning that got us to this point that we could not accept it before is still valid. There is no reason to consider that going over it again will change anything. We all ag,'ee that a site is needed. We need the site in the general area of the Edwards Landing site. I ask the Council to move fo~ard on this but in no way reconsider the Exeter site." Mr. Brian Balthrop, a resident of 822 Cattail Lane and chairman of the ad hoc committee, addressed the Council with regard to the proposed fire station site. "To get the record clear, J. B. Anderson was not speaking for the ad hoc committee in his words he was speaking for himself. I am a little disappointed. We went through a lot of time and effort. We have been pursuing this issue for years. Over a year ago the Planning Commission voted unanimously to not recommend Exeter for the purposes of locating a fire station. I am saddened that the efforts of the committee were, in my opinion, undermined a little bit by some stacking in one favor. We have not taken the time to consider what is best for this town. I am disappointed that more of the citizens have not come fox,yard from other areas of town to get involved in this. Because it affects them as well. I would urge this Council to identify through disinterested third party group to go froward and do a study of what is in fact the best site for a fire station in this particular quadrant of the town. Most of the findings, to date, have been at the commission of the fire company." Minutes of January 14, 1992 Mr. Bob Steele., a resident of 404 Appletree Drive and member of the ad hoc committee, addressed the Council. He stated that a few things need to be considered before a decision is made. One, the current site is essentially in the middle of a residential neighborhood. It is an established neighborhood, ten years old. The presents of a fire station would be a major disruption. The primary exit is through a neighborhood road. The proposed location is next to an elementary school. There is potential for major disruptions in the school as well as the safety of the children. Mr. Keith Valor, a resident in Exeter, addressed the Council. He stated that he would disagree that the residents in Exeter and the homeowners association are against the fire station site. The area has not been completely developed yet. The road to Plaza Street is not yet open. To put in more time, effort and money into this matter seems ridiculous to send it off to a committee that may not come back with an answer for another year. A committee was formed between the fire company members and citizens of the northeast quadrant. That committee came up with some sites and a good plan that was submitted to the Council. The Honicon site has been withdrawn. The Edwards Landing site is in the middle of nowhere. Right now in Exeter, Potomac Crossing and the northeast quadrant of town is an area that is in danger and in need of protection. This should not be sent back to committee for possibly a year but take some action within the next couple of months. Mr. Mark Lovett, a resident of Exeter, addressed the Council. He stated that there will be recreational facilities built and over 120 homes built in the area. Leesburg Elementary School will have over 800 children walking to school. The access for a fire station is not permissible in this area. Mr. Dale McGuire, a resident of 203 Plaza Street, addressed the Council. He stated that J. B. Anderson represents the Leesburg Volunteer Fire Company. His words were from the fire company. We have spent a lot of time and effort on trying to develop a plan for a new station. The time has come for a decision. Going to the CAC just to come back with a recommendation that it is needed in the northeast quadrant is fruitless. We already know that. We now need to identify a pa~cicular site. Mayor Sevila referenced a letter received from Mrs. Vicki Smith dated January 11, 1992. Mrs. Smith's letter is attached and made a part of the official record. Mayor Sevila thanked everyone for coming to the meeting and addressing the Council on this issue. It is a difficult issue. In the Council's view it is not a political football it is a very serious issue that deserves the utmost deliberation, concern and care that the Council can give it. Because we cannot afford to make a mistake on it. Our hope was that the ad hoc 'committee was going to be useful in resolving the problem. The lack of available sites in the northeast quadrant does not help. Sometimes the government process does not move as swiftly as some would have it. Our concern is making the right decision and not necessarily a fast one. PUBLIC HEARINGS 7. a. Amending the Subdivision and Land Development Regulations to add Design guidelines for pipestem lots Mr. Gene Arner, addressed the Council presenting a brief staff report and a slide presentation.. He stated that this is an amendment to establish three design guidelines that affect the layout on and around pipestem lots. Mayor Sevila asked if there was a ratio of the number of pipestems that a subdivision can have. Mr. Arner stated that the regulations do not govern that at this time. Mr. Bill Fissell, representing the Leesburg committee of NVBIA, addressed the Council. He stated that the NVBIA does support the proposed amendment including the three guidelines and the proposed vesting language. The Mayor closed the public hearing. MOTION On motion of Mrs. Forester, seconded by Mr. Clem, this item was referred to the January 21, 1992, Planning and Zoning Committee for further consideration. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 7. b. Zoning Ordinance amendment regarding active recreation facilities in multi-family residential developments Mr. Arner, addressed the Council presenting a brief staff report and a slide presentation. He stated that this amendment establishes a density basis for requiring recreational amenities, specifically eight dwelling units per acre. This amendment will also eliminate inconsistency in the Zoning Ordinance by bringing the R-16 district's requirements more in line with the other districts that allow multi-family development. Minutes of January 14, 1992 Mr. Michael Banzaf~ a resident of 102 Morven Park Road, addressed the Council. He stated that in the R-16 district if you had a townhouse development and a multi-family portion - mixed use development, the amendment states that developments with an overall density exceeding 8 units per acre. That means you could have six units per acre in townhouses and if you have more than that in multi-family you would still be penalized on your townhouse portion. That could be addressed by saying a multi-family density of 8 per acre. There should also be some flexibility in the multi-family districts by providing for off-site contributions in an equivalent amount. The Mayor closed the public hearing. MOTION On motion of Mrs. Forester, seconded by Mr. Clem, this item was referred to the January 21, 1992, Planning and Zoning Committee for further consideration. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 7. c. Zoning Ordinance amendment to increase Civil Penalties Mr. Johnson, addressed the Council presenting a staff report. He stated that this is a request to increase the civil penalties section of the Zoning Ordinance in accordance with the State Code. The civil penalty fines were increased in July from $50.00 to $100.00. In addition an increase to the overall amount that can be charged for a fine from $250.00 to $3000.00. The maximum $3000.00 can only be reached when a civil citation was issued for the same set of facts once every ten days as provided in the State Code. There has been ve~5' little comment throughout this process. It is very straight forward. The Mayor closed the public hearing. MOTION On motion of Mr. Lovin, seconded by Ms. Bange, this item was referred to the January 21, 1992, Planning and Zoning Committee for further consideration. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 7. d. To consider the renewal of the Washington Gas Franchise Mr. Brown, addressed the Council presenting the staff report. He stated that 30 years ago the Town Council authorized a franchfse for the provision of natural gas in Leesburg. That franchise expires this month, therefore, a public hearing and adoption of another franchise must be accommodated by the Town Council. We have received one bid and a check from the company that is authorized through the State Corporation Commission to provide natural gas in this area. Ms. Patricia Woolsey, representing the Washington Gas Light Company, addressed the Council. She stated that also present are Don Hayes from the General Counsel's office and Rich Finnel who is the engineer for this area. We are here to submit our bid to renew the franchise. We want to thank Mr. Brown and the engineering staff, Tom Mason and Barry Thompson and Deborah Welsh for working with us in reviewing drafts and language that was satisfactory to both the company and the town. The Mayor closed the public hearing. MOTION On motion of Mr. Clem, seconded by Mr. Lovin, the following ordinance was proposed and unanimously adopted. 92-0-1 ORDINANCE GRANTING TO THE WASHINGTON GAS LIGHT COMPANY A FRANCHISE TO USE AND OCCUPY THE STREETS, ALLEYS, AND OTHER PUBLIC GROUNDS OF THE TOWN OF LEESBURG AS THE SAME NOW EXIST OR MAY HEREAFTER BE LAID OUT, FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A SYSTEM OF PIPES, MAINS, CONNECTIONS, METERS AND OTHER EQUIPMENT AND APPLIANCES NECESSARY OR CONVENIENT FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF NATURAL GAS IN THE TOWN OF LEESBURG WHEREAS, the Council of the Town of Leesburg, at a meeting held on the 26th day of Minutes of January 14, 1992 November, 1991, authorized a legal notice asking for bids to be submitted for a franchise to use and occupy the streets, alleys and other public grounds of the Town of Leesburg as now existing or as may hereafter be laid out, for the construction, maintenance and operation therein of a system of pipes, mains, connections, meters and other equipment and appliances necessary or convenient for the transmission, distribution and sale of natural gas in and to any part of the Town of Leesburg and fixing the time for the reception by the Town Council of bids; and WHEREAS, such ordinance was published in the Loudoun Times-Mirror, a newspaper having general circulation in the Town of Leesburg, Virginia, once a week for four successive weeks as required by law, said advertisement commencing on the 4th day of December, 1991, and terminating on the 23rd day of December, 1991, as will appear from a certificate of such publication now on file with the Clerk of the Town of Leesburg; and WHEREAS, the Town Council at a meeting held on the 14th day of January, 1992, invited bids for such franchise as required by law; and WHEREAS, Washington Gas Light Company submitted in writing a bid in the amount of $ 1,000.00 for the franchise; and WHEREAS, in the opinion of the Council of the Town of Leesburg, it is expedient and in the best interest of the town that the franchise be granted to Washington Gas Light Company. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A franchise is hereby granted to Washington Gas Light Company, a corporation of the Commonwealth of Virginia, its successors and assigns (hereinafter collectively referred to as Grantee), to use and occupy the streets, alleys, and other public grounds in the Town of Leesburg, as now existing or as may hereafter be laid out, for the construction, maintenance and operation therein of a system of pipes, mains, connections, meters and other equipment and appliances necessary or convenient for the transmission, distribution and sale of natural gas in and to any part of the Town of Leesburg. SECTION II. Occupation of Streets, Alleys and Public Grounds. (a) Permits. In conformance with the Manual of Permits for Work Performed Within the Streets of the Town of Leesburg or the Virginia Department of Transportation Land Use Permit Manual, as applicable, application must be made to the respective jurisdiction and a permit received before work may start within any dedicated right-of-way or easement. (b) Construction Drawings. The Grantee shall prepare and submit for review and approval by the town detailed construction drawings of any proposed transmission or distribution main within any street, alley or other public ground prior to proceeding with construction. Where the Grantee proposes to construct a transmission or distribution main on private property within the town limits, the Grantee shall notify the town of its general plans or submit general construction drawings showing such facilities so that the town may recommend appropriate action to avoid conflict with existing or planned facilities owned by the town. All necessary private property easements and permits shall also be secured prior to the start of construction. A com"cesy copy of the easements shall be supplied to the town. (c) Location of Mains and Other Appurtenances. The location and laying out of all pipes and mains, the placing of conduits, and the location of any other permanent equipment or appliances of any kind under this franchise shall be subject to the approval of the Town Council or such committee or town official as the Town Council may from time-to-time designate, and when plans showing the location or relocation of such pipes, mains, connections, meters, or other equipment or appliances have been submitted to and approved by said Town Council or such designated committee or officials, they shall be effective and binding to the same extent as if they were set out fully and at length in this franchise. (d) Maintenance of Traffic. All work performed under this franchise shall be planned and executed in such a manner as not to interfere unreasonably with the free and prope,' use of the streets, alleys, and other public grounds while the said work is in progress, or unnecessarily to obstruct the travel thereon. The grantee shall contact the town traffic engineer for approval of any restriction or diversion of the flow of pedestrian or vehicular traffic within the fight-of-way which might become necessary in the performance of the work under this franchise. A traffic maintenance plan, in strict accordance with the Virginia Work Area Protection Manual and the Manual on Uniform Traffic Control, must be submitted to, and approved by the traffic engineer before the flow of pedestrian or vehicular traffic can be restricted or detoured in any manner. (e) Minimum Standards for Construction, Maintenance, Distribution, and Operation of Natural Gas Facilities. All work performed under this franchise with respect to pipe design, design of pipeline components, joining of pipe, construction standards, customer service installation, corrosion control, testing, updating, operations, and maintenance shall conform with U.S. Department of Transpo,~ation Pipeline Safety Regulations 49 CFR Part 192, current edition. (fl Minimum Standards for Utility Cuts Including Pavement Cutting, Excavation, Backfill and Restoration. All such work performed under this franchise shall be performed in accordance with Minutes of January 14, 1992 the Town of Leesburg Design and Construction Standards Manual, the Manual of Permits for Work Performed Within the Streets of the Town of Leesburg, and the Virginia Department of Transportation Road and Bridge Specifications, current editions, as applicable. SECTION III. Protection of Other Facilities. The work to be done under the ordinance shall be done in such a manner as not to damage any other underground construction of any other public service corporation holding a franchise from the town or any other construction approved or performed by the town itself, or by the Virginia Department of Transportation, or unnecessarily to interfere with or impede the approach to or service of, or the making of connections by the town or by the citizens thereof with water, sanitary sewer, and/or storm drainage systems which may now or hereafter be laid or constructed in the town. The Grantee shall notify the town of its plans to construct any transmission or distribution main in the franchise area prior to commencing construction. The Grantee shall repair or replace any such facilities damaged during the course of its work. SECTION IV. Relocation of Facilities. Whenever any of the pipes, mains or other structures of the Grantee shall prove to be in the way .of streets, alleys, sidewalks or improvements on public property, whether such streets, alleys, sidewalks or improvements be new or as a result of changing the location of, or repairing, existing streets, sidewalks, alleys or public grounds, the Town Council may require the Grantee, at its cost, unless federal funds are involved and federal regulations require reimbursement for relocation of utility facilities, to move to an alternate location so much of its facilities in the streets, sidewalks, alleys, or other public grounds in the town as may impede the progress of such improvements, and upon the failure of the Grantee to do so, the Town Council may, after ten days' notice in writing to the Grantee, itself make such necessary changes in the works of the Grantee at the cost and expense of the Grantee. SECTION V. Restoration of Streets and Public Areas. The Grantee shall, at its own proper cost, promptly replace, relay, repair and restore as nearly as possible to their original condition all streets, sidewalks, water mains, sewers, or other structures or public areas disturbed or damaged in the construction of the work authorized to be done by this franchise; and upon failure to do so, after ten days' notice in writing shall have been given by the Town Council, the town may replace, relay, repair or restore such portion of the streets, sidewalks, water mains, sewers or other structures or public areas disturbed or damaged as may be so damaged or disturbed and collect the cost so incurred from the Grantee. SECTION VI. Notice of Interruption for Repairs. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the Grantee shall do so at such times as will cause the least amount of inconvenience to its customers, and unless such repairs are unforeseen and immediately necessary, it shall give reasonable notice thereof to the consumers. SECTION VII. Indemnification. By the acceptance of this franchise, the Grantee hereby agrees to indemnify and save harmless the Town of Leesburg from all loss, costs, damages or expenses to which the town may be subjected for any damages or destruction that may be done or suffered by anyone in person or property for which the town may be held liable, on account of any act or omission by the Grantee, its employees or agents, in and about the installing, repairing and maintenance of said gas works, mains and gas lines and all guarding, trenches or excavation while the same are being installed, or subsequently at any time extended, or while repairs or alterations are being made thereto at any time in the future, or on account or by reason of any work done under this franchise, or in consequence of the operations of the Grantee, provided nothing herein shall be construed to relieve the town of negligence on the pat"~ of its agents, servants or employees. SECTION VIII. Grantee to Abide by Franchise; Forfeiture. This franchise is granted under the express condition that the Grantee shall maintain a proper system for the transmission, distribution and sale of gas in the Town of Leesburg, Virginia, subject to the jurisdiction of the State Corporation Commission of Virginia. In furtherance thereof, Grantee shall execute a bond in the amount of $10,000.00 with good and sufficient surety, in favor of the Town of Leesburg, to secure the obligations imposed by this franchise and ordinance. If, in the judgment of the Council, the Grantee has not substantially kept its obligations under this franchise, then: (1) The Council may declare a forfeiture of the franchise; provided (2) Either pa~x'y may have the declaration of forfeiture reviewed by the State Corporation Commission of Virginia or a court having jurisdiction thereof; and (3) If the declaration be not set aside, the town may exercise its right of eminent domain and thus acquire all of the interests and property of the Grantee of every nature and description which constitutes the town Minutes of January 14, 1992 gas system and those things incident thereto. Possession and fee simple ownership shall vest upon the payment by the town to the Grantee of the award in condemnation. In such condemnation proceeding the franchise shall not constitute an asset of the Grantee, but in all other respects such proceeding shall be in accordance with eminent domain procedures in Virginia. SECTION IX. Conditions of Bond. The conditions of the bond required by Section VIII shall be that the Grantee shall maintain the works provided for and reasonably necessaw for the exercise of the rights and privileges granted by this ordinance and will provide adequate, efficient and safe service at just and reasonable rates, and will maintain the same in good condition throughout the term of this grant, any will comply in all respects with the terms, conditions and provisions of the ordinance, including but not limited to the covenants of indemnity provided for in Section VII. Said bond shall not in any wise be considered as the limit of the Grantee's obligations or possible liabilities hereunder, but is merely a minimum requirement to fund such obligations and possible liabilities. SECTION X. Service Standards. The Grantee shall provide and maintain an adequate, efficient and safe service of gas for light, heat, power, fuel and other practical uses thereof at reasonable rates in the Town of Leesburg, to the town and residents thereof, and shall maintain its properties, works and structures located in the said town in good order through the term for which the franchise is granted, except when prevented from doing so by fires, freshets, strikes, or causes beyond its control, which may temporarily prevent the maintenance of such service and such conditions to the prope~cy; that the Grantee shall stand ready at all times to make service connections for supplying gas for light, heat, power and fuel and other practical uses and purposes at any point within the territory to which this franchise applies, upon the proper applications therefore and in accordance with the standard terms and conditions of the Grantee, as approved by the State Corporation Commission and in effect at the time such application is made; provided that the Grantee shall not be required to make service connections or extensions across private property without the consent of the owner thereof. SECTION XI. Adequacy of Se~ice. The adequacy, efficiency and safety of se~wice under this franchise and the reasonableness of the rates and charges to the public therefore and the reasonableness of the rules and regulations affecting such service to the public are to be determined by the State Corporation Commission of Virginia, or by such other legally constituted regulatory body as may have jurisdiction under the laws of the State of Virginia, to determine such matters and the Grantee in accepting this franchise expressly agrees that the said Commission or other body shall have jurisdiction to the full extent and in the manner now or hereafter during the life of this franchise provided by law to enforce the provisions of the franchise to the full extent provided by law. SECTION XII. Odorization of Gas. The Grantee agrees that any gas distributed to consumers through gas mains or gas sea-vices or used for domestic purposes which does not naturally possess a distinctive odor to the extent that its presence in the atmosphere is readily detectable at concentrations well below that required to produce an explosive mixture shall have an odorant added to it to make it detectable. SECTION XIII. Rates. The State Corporation Commission of Virginia shall control and designate the rates to be in effect. SECTION XIV. Gross Revenue. An annual Summaw Repm"~ shall be made to the town showing gross revenue received by the Grantee from its operations within the town during the preceding year and such other information as the town shall request with respect to the propel"des and expenses related to the Grantee's sea, ice within the Town of Leesburg. The Grantee shall pay all applicable license or other taxes to the town which may obtain during the life of this franchise. SECTION XV. Map of Gas Pipes. The Grantee shall maintain in its office (and open to inspection by the town or its agents) and keep current a complete and detailed map of its mains and distribution system within the territow to which this franchise applies, showing all additions and deletions to such system. The Town of Leesburg shall be entitled to a copy of the map required by this section upon request and shall safeguard the information revealed therein in accordance with such reasonable restrictions as may be imposed by the Grantee. SECTION XVI. Publication Costs; Legal and Plan Review Fees. (a) The Grantee shall assume the cost of publication of this franchise, and any Minutes of January 14, 1992 required amendment thereto, as such publication costs shall be presented to the Grantee by the Town Clerk. The Grantee shall also assume the cost of legal services required by the Council in the preparation, review and any amendment required to this franchise ordinance. Such costs shall be paid at the time of the Grantee's filing of acceptance required by Section XX. (b) The cost to the town of reviewing construction plans for and inspecting installation of the Grantee's system within a dedicated right-of-way or easement in the franchise area shall be reimbursed by the Grantee in accordance with the Manual of Permits For Work Performed within the streets of the Town of Leesburg. SECTION XVII. Ownership of Facilities. Nothing in this franchise ordinance shall have the effect of altering, amending, abridging, or othet~rise affecting the right, title or ownership of any person, firm or corporation in and to gas distribution facilities owned and operated by it and now situate, lying and being in the said town, and all bids by other persons, firms or corporations shall be subjected to said fights heretofore vested in said property, under the Constitution and laws of the State of Virginia. SECTION XVIII. Transfer. This franchise shall not be transferred, assigned, or sublet except to an affiliate of the Grantee, without the written consent of the Town of Leesburg. SECTION XIX. Expiration of Franchise. At the expiration of the life of this franchise, the Town of Leesburg shall have the right, at its option, to purchase at a fair valuation, to be determined in the manner hereinafter provided, all the mains, pipes, conduits and other appurtenances of the Grantee lying and being within the corporate limits of the town. Should the town desire to avail itself of the privilege herein reserved, then the fair value of said property of the Grantee shall be ascertained and arrived at between the town and the Grantee by agreement if possible; but in the event that the fair value thereof cannot be agreed upon, the Town of Leesburg shall select an appraiser, the Grantee shall select an appraiser, and the two persons so selected shall select a third appraiser, and the three persons so selected, or a majority of them, shall fix the fair value of the Grantee's mains, pipe, conduits and other appurtenances lying and being within the corporate limits of the town, which shall be accepted by the Town of Leesburg and the Grantee as the correct fair value thereof, and if the Town of Leesburg then desires to purchase the prope,~y aforesaid at said fair valuation, it shall have the right to acquire the same at the price so fixed, and pay for the same at such time and in such manner and upon such terms and conditions as the town and the Grantee may agree. SECTION XX. Effective Date. This franchise and the rights and privileges hereby granted and conferred shall not become effective unless and until the Grantee shall, within thistly days from the time it receives actual notice of approval of its bid, file with the Clerk of the Town Council its written acceptance thereof and post the bond required by Section VIII. SECTION XXI. Franchise Term. The privileges hereby granted shall continue for a period of thirty (30) years from the date of the approval of this ordinance. This ordinance shall remain in effect upon its passage. Mayor Sevila stated that approximately three years ago he did some legal work for the Washington Gas Light Company. He is not doing any work for them currently and it does not create a conflict of interest. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and-Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr. Webb stated that he attended Saturday's Listening Session. The CAC committee had its first meeting on Wednesday. Dave Bowers was elected Chairman and Eric Mullis was elected Vice Chairman of the committee. He attended the Cable Commission meeting last evening. He stated that the largest problem that the cable company has experienced has been with the converter boxes. The cable company has revamped their program on these boxes and have solved approximately 50 percent of the problems. The cable company has also been working on a program of bonding and grounding with the power company. This project should be completed by the end of this month. This will provide a better quality of service. Minutes of January 14, 1992 Mr. Lovin congratulated Nancy Fixx, who is the co-chairman of the First Nite Leesburg, on a successful event. He congratulated the three individuals to be honored on Saturday as Volunteers of the Year for the Town of Leesburg. One of the individuals is his daughter's classmate. She is a volunteer winner at the age of 11. Mr. Clem echoed Mr. Lovin's remarks. He thanked Sue Webb and Mary Hope Worley for the loan of the W. W. Chamblin store during First Nite Leesburg. Congratulations to Nancy Fixx, she did an excellent job with First Nite Leesburg. Mr. Kimball stated, with regard to the Planning Commission applicants, that he is very impressed by the quality of the volunteers. This is a healthy sign for the community and he encourages continued interest by the citizens. He attended last week's Airport Commission meeting. He stated that there is some interest in building additional hangars. The airport, as a part of the town, is a very viable economic factor within the community. Mrs. Forester attended the meeting of the Leesburg Crime Prevention Counsel. They are setting a yew magnanimous agenda. They are trying to develop more neighborhood watches throughout the town. She wished to encourage evewone to support their neighborhood watches if they have one and to get involved with one if they don't have one. Ms. Bange attended the Parks and Recreation Advisory Commission meeting this morning. She stated that the Leesburg Lions Club was represented by Richard Thomas who presented the park's commission with a check for $1000.00. There is a lot of activity going on at the park. The parks commission will be having a breakfast to honor the volunteers of the year. The amount of volunteerism in the Town of Leesburg is wonderful. MAYOR'S REPORT Mayor Sevila wished to extend to Jimmy Kidwell and his family, on behalf of the Council, condolences. Jimmy's father died early this morning. With respect to First Nite Leesburg, it was an ove~vhelming success. There were over 5000 in attendance. The reconstituted EDAC committee is off to a very good and aggressive start. MANAGER'S REPORT Mr. Brown noted that the Council did receive a copy of the written Activity Report. The town is ve~y fortunate to have a program such as First Nite Leesburg. The volunteers should be thanked specifically Nancy Fixx and Peter Stephenson. The new tourism brochure is now available and will be distributed to welcome centers throughout the area. Thanks to Susan Farmer for coordinating that effort. The Park and Shop validation program is designed to provide for flee parking in Leesburg. Thfl~y three businesses have joined the program as a result of the promotional efforts of the town. LEGISLATION 11.(a) MOTION On motion of Mr. Webb, seconded by Mr. Clem, this matter was referred to the January 21, 1992, Planning and Zoning Committee meeting for further consideration and discussion. DISCUSSION Mr. Webb stated that he cannot support this amendment. He stated that within the last ten days he has received 25 phone calls from concerned citizens of the town who own some type of recreational vehicle or equipment. Mr. Johnson addressed the Council summarizing the issue. He stated that at the last Planning and Zoning Committee meeting Councilmember Bange requested that he provide information regarding the use of screening and what the screening implications are and also if there are any facilities in town that can provide storage for these vehicles. Mr. Webb stated that there are a lot of homes in the town that do not have space in their side yards Minutes of January 14, 1992 or backyards to store these vehicles and that do not have access to get to their backyards. He agreed that these vehicles should not be parked on the street. Mr. Clem told of a situation on Wilson Avenue where a the resident can park his vehicle in the backyard where there are about 3 acres of open land. Is this resident going to have to screen his vehicle so that the vehicle cannot be seen by his neighbors. Mr. Johnson stated, in this case, there may be adequate screening there already. According to the proposed legislation it would require some type of fence to be put up. Mr. Clem stated that some of these people may not be able to afford the type of screening or fencing that is required. Also there are many homes where the sideyards and backyards will not accommodate a vehicle. Does the town expect these people to pay to store these vehicles? Mr. Lovin stated that this is the second time this matter has been sent back to committee. Both Mr. Webb and Mr. Clem, who sent this item back to committee, did not attend the meeting last Tuesday to bring up these concerns. If councilmembers are going to send items back to a committee and your not on that committee please come to the committee meeting and tell us what you think. He stated that there are two sides to this issue. People who own homes in an area have a legitimate concern when an RV shows up outside an ordinance. He supports the addition of driveways versus parking these vehicles on the street. Mrs. Forester stated that the members of the Planning and Zoning Committee felt they could support the ordinance as written and we knew that Mr. Webb had some questions. The general feeling was that this ordinance would go to the full Council with the idea that if Mr. Webb had trouble with the wording that we might be able to work out the wording and then take action. This proposed ordinance amendment is a result of some complaints that Mr. Johnson has received during the year from people who live in neighborhoods where these vehicles are stored and feel that it is detrimental to their prope~"cy values. People had difficulty selling their properties because they had an "eyesore" in the neighborhood. At this point, there is nothing that Mr. Johnson can do about these concerns. This was a reaction to a complaint. Mr. Kimball stated that all backyards are not created equal. Not every backyard is fiat. If you put screening up in an uneven backyard does this accomplish the purpose if your neighbor is looking down on your property? VOTE Aye: Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None Mr. Clem apologized for not attending the Planning and Zoning Committee meeting last week. He stated that he was ill. 11. MOTION On motion of Mr. Clem, seconded by Mr. Kimball, the following ordinance was proposed and unanimously adopted. 92-0-2 - ORDINANCE - AMENDING CHAPTER 15, ARTICLE III OF THE TOWN CODE WHEREAS, on October 9, 1991, Council adopted alternative rates and fees for use of the town's utility system, as recommended by their financial consultants, Deloitte & Touche; and WHEREAS, the newly established rate for "sewer system only" customers represented a 130% increase, which was inconsistent with the publicly advet~dsed rate increase of 35% for metered water and sewer use; and WHEREAS, such an increase placed an undue financial burden on a limited number of the town's citizens; and WHEREAS, the recommended rate of $47.25 per quarter for unmetered sewer is consistent with the historical increases for other residents; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 15-58 of the Leesburg Town Code is hereby amended to read as follows: Sec. 15-58. Charge where connection made to sewer system only--generally. Where connection has been made to the town sewer system only, the charge for use of the sewer system shall be as follows: for premises inside the town, the charge shall be $2.25 plus $~.95 $47.25 per quarter. SECTION II. This ordinance shall be effective on and after October 9, 1991. Minutes of January 14, 1992 VOTE Aye: Nay: 11. (d) MOTION Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None On motion of Mr. Webb, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 92-2 - RESOLUTION - REGARDING A TOWN PLAN AMENDMENT TO LOCATE A FIRE STATION SITE IN THE NORTHEAST QUADRANT WHEREAS, the Town Council initiated a Town Plan Amendment on September 10, 1991, to determine the location of a future fire station facility on the "Honicon" site or the "Edwards Landing" site; and WHEREAS, the Planning Commission held a public hearing on October 24, 1991, and a work session on November 21, 1991, regarding the Town Plan Amendment to locate a future fire station facility on the Honicon site or the Edwards Landing site; and WHEREAS, the owner of the Honicon site withdrew consideration of their site for use as a public facility site; and WHEREAS, the Planning Commission upon receiving this information recommended to Council that the Town Plan Amendment to locate a fire station site in the northeast quadrant of Town be considered within the context of the 1992 Town Plan Amendment; and WHEREAS, the Planning Commission also recommended that the Fire Station Ad Hoc Committee Final Repo,"~ should be considered in the 1992 Town Plan Amendment process: THEREFORE, RESOLVED, by the Cofincil of the Town of Leesburg in Virginia, as follows: SECTION I. The location of a fire station site in the northeast quadrant shall be considered and recommended as a part of the 1992 Town Plan Amendment process. SECTION II. The Fire Station Ad Hoc Committee Final Report should also be considered in this process. Mr. Webb stated that this will be a "hot issue" on the CAC's agenda. Mr. Lovin stated that he voted against the Exeter site when this matter came to a vote last year. He has not yet seen or heard any debate that would change his mind. He has not seen a repm"t that says the Edwards Landing site is not a viable site. He has a lot of concern regarding the fire station site at Exeter. All you have to have is one child killed. That would really be sad. The fire department would feel bad about it, as well as, the town and citizens. This is a hard decision. I know the fire department's position. They are here to protect and serve and they just want to be able to do that. My decision to not support that site is not a slight at the fire company. If I am going to error, I am going to error on the side of safety. I will vote no for this site unless there is some overriding situation that says it has to go there and there is no place within the corporate limits of this town to put it. Mr. Clem stated that this talks strictly to the northeast quadrant. I think that the CAC needs to be looking at all of Leesburg for future sites. Be it the southwest quadrant, southeast even the nm"~hwest. The Town Council and Town Manager should take an active roll right now to tw to find smnething over in that area. There has been some movement toward another tract of land which needs to be explored and it is in the northeast quadrant. The town needs to take an active roll to help the fire company and help the citizens come to some conclusion. I will support this resolution to put in on the CAC committee. Mr. Kimball questioned when the final report from the CAC was due. Mr. Tompkins stated December 1992 is the anticipated date that the Town Plan amendment would be adopted. Mr. Kimball told of another community, larger then Leesburg's, that gets the sense of the entire population. One way that might be done would be to place an advisory, non-binding referendum on the next ballot. This is something that the Council could consider. At this point he is not sure about the CAC considering this matter. Mrs. Forester suggested amending Section I of the proposed resolution to read: ". . . the locations of additional fire station sites shall be included in the 1992 Town Plan amendment." Mr. Clem stated that he does not want this to slow up the process for the northeast quadrant. We need to talk about the complete town. It has been identified, clearly, that something is needed in the northeast quadrant. We are at a crossroads where we have to make the decision. I don't find it that tough a decision. We have to find a piece of property and make it happen. I want to make sure that Minutes of January 14, 1992 when we vote on this we haven't put the last nail in the coffin that ties down the fire company for a year before they can even do anything. Time is money. They are prepared. Interests rates are at their best. Ms. Bange suggested exploring the possibility of selling the Plaza Street site and use the monies to buy a new site and maybe something could be put at the Plaza Street site that is acceptable to the citizens of that area. Mayor Sevila stated that part of the comprehensive planning process is looking at the public facilities requirements within the entire community, identifying need and designating potential locations. We have a need in the northeast quadrant of town that the fire company has been working very hard to encourage this town to address as soon as possible. Mayor Sevila stated that he was absolutely impressed by the energy of our volunteer firemen. This is a situation where we don't have any bad guys. Why is the fire department working so hard to get us to address a need in the northeast quadrant. Only because they honestly believe it is in our best interest to do it and do it now. The only outcome of all of this about providing a fire depa~"~ment right now is that we get the added protection that the experts in this field have identified that we need. Where it is located does not benefit them any more personally any better then the rest of the citizens in the community. The last time this site came before the Council as a proposed site it was rejected. It was rejected primarily on the hope that there was another site. Now we are being told that maybe there really isn't another site in the northeast quadrant. If that is the case we ought to be able to get that pretty soon. VOTE Aye: Councilmembel~ Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 11.(e) MOTION On motion of Ms. Bange, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 92-3 - RESOLUTION - MAKING APPOINTMENTS TO THE LEESBURG PLANNING COMMISSION WHEREAS, the terms of office of Robert Altland, Ann Darling and Clifton Vaughan as members of the Leesburg Planning Commission expired on December 31, 1991; and WHEREAS, an advertisement was placed in the Loudoun Times-Mirror to solicit interested citizens to serve on the Planning Commission: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Robert Altland, Dennis McVeen and Clifton Vaughan are appointed to the Leesburg Planning Commission for two year terms, the terms of office to expire on December 31, 1993. DISCUSSION Mr. Lovin echoed Mr. Kimball's remarks regarding the appointments, earlier this evening. He stated that it is gratifying to get seven people to intezwiew for that position and to give up eveo' Thursday night for the next 102 weeks to meet and go over the planning process. He wished to applaud everybody who applied for the position. The town's Planning Commission is a useful organization. Certainly well thought of and respected. Each member has his certification as a Planning Commissioner. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 11. (f), (g), (i), (i) MOTION On motion of Mr. Lovin, seconded by Mr. Clem, the following resolutions were proposed as consent items and unanimously adopted. 92-4 RESOLUTION - AMENDING RESOLUTION NO. 91-276, 1992 VIRGINIA GENERAL ASSEMBLY LEGISLATIVE ENDORSEMENTS TO REQUEST AN EXTENSION OF THE CERTIFICATE OF NEED DEADI~INE FQR HERITAGE HALL NI, II~INQ HQME EXPANSION Minutes of January 14, 1992 WHEREAS, the 1992 session of the Virginia General Assembly has convened in Richmond; and WHEREAS, the Town of Leesburg's legislative program was adopted through Resolution No. 91-276 on December 10, 1991; and WHEREAS, following the adoption of the legislative program, the town received a request for assistance from Mr. R.W. Frizzell, owner of the Heritage Hall Nursing Home in Leesburg; and WHEREAS, Heritage Hall has been a part of the Leesburg community since 1979; and WHEREAS, Heritage Hall has been issued a Certificate of Public Need by the Virginia State Health Department for the construction of a 44-bed addition to the existing facility; and WHEREAS, an application for this addition was filed with the Department of Housing and Urban Development in March of 1989; and WHEREAS, during the past two and a half years Heritage Hall has experienced delays which have been out of their control; and WHEREAS, due to these delays Heritage Hall may not be able to complete the needed addition within the state mandated deadline to have all Certificate of Needs issued and completed by June 30, 1992; and WHEREAS, the expansion of the nursing home will increase employment in Leesburg and will meet a community need: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Resolution No. 91-276, Authorizing Legislative Endorsements for the 1992 Virginia General Assembly is hereby amended to request that the state Certificate of Need for the Heritage Hall Nursing Home in Leesburg, Virginia be extended six months from June 30, 1992 until December 31, 1992 to allow for the completion of the 44-bed addition to the existing nursing home. SECTION II. The Town Manager is directed to notify Senator Charles Waddell, as well as Delegates Linda Wallace and William Mims immediately upon the passage of this amending resolution. 92-5 - RESOLUTION - RECEIVING AND REFERRING REZONING PROFFER AMENDMENT APPLICATION #ZM-133, HARRISON STREET ELDERLY HOUSING, TO THE PLANNING COMMISSION FOR JOINT PUBLIC HEARING WITH TOWN COUNCIL AND AUTHORIZING A TOWN COUNCIL PUBLIC HEARING FOR SPECIAL EXCEPTION APPLICATION #SE-91-05, HARRISON STREET ELDERLY HOUSING, UNDER CHAPTER ll, TITLE 15.1-431 OF THE 1950 CODE OF VIRGINIA, AS AMENDED WHEREAS, the Town of Leesburg has accepted a rezoning proffer amendment application and a special exception application to allow a 67-unit assisted living facility for the elderly on approximately 1.3 acres of land located at 316 Harrison Street, S.E., zoned B-1 with proffers; and WHEREAS, the applicant has requested concurrent review of the applications and joint hearings by the Planning Commission and Town Council; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The application of Harrison II Limited Partnership for a rezoning proffer amendment to allow a 67-unit assisted living facility for the elderly on property at 316 Harrison Street., S.E., zoned B-1 with proffers, is hereby received and referred to the Planning Commission for a joint public hearing and recommendation to the Town Council. SECTION II. A joint public hearing by the Planning Commission and the Town Council shall be held on February 25, 1992 regarding the proposed proffer amendment pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. Said joint public hearing shall also se~we as the Town Council's public hearing on special exception application #SE-91-05 by Harrison II Limited Partnership. The hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be held in the Council Chambers of the Municipal Government Center at 25 West Market Street, Leesburg, Virginia. The Clerk shall publish notice of this hearing and the Council's intention to consider the proposed proffer amendment and special exception in the Loudoun Times-Mirror on February 12, 1992 and February 19, 1992 and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION III. The Planning Commission shall report its recommendations to the Town Council regarding rezoning proffer amendment application #ZM-133 and special exception application #SE-91- 05 as soon as possible after the public hearing but not later than April 15, 1992. 92-6 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND A SEWER EXTENSION PERMIT FOR THE PAXTON SEWAGE PUMPING STATION Minutes of January 14, 1992 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION' I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for the Paxton Sewage Pumping Station. SECTION II. The extension of municipal sewer for the Paxton Sewage Pumping Station is approved in accordance with Section 15-9 of the Town Code. SECTION III. A cash bond in the amount of $126,300.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Paxton Sewage Pumping Station. 92-7 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR PAXTON SECTION 2 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Paxton Section 2. SECTION II. The extension of municipal water and sewer for Paxton Section 2 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. A cash bond in the amount of $187,966.60 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Paxton Section 2. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 11. (h) MOTION 92-8 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANT]~E FOR THE C&P BUILDING AT HIGHPOINT WHEREAS, a corporate surety bond from International Fidelity Insurance Company in the amount of $158,349.00 was approved by the Town Council by the adoption of Resolution #90-319 on December 12, 1990 to guarantee the installation of public improvements at the C&P Building at Highpoint; and WHEREAS, Long Lake Associates, the developer of the C&P Building at Highpoint did not submit the approved corporate surety bond and requested that a letter of credit in the amount of $158,349.00 from either Sovran Bank or Dominion Bank be accepted instead of the corporate surety bond from International Fidelity Insurance Company; and WHEREAS, acceptance of a letter of credit in a form approved by the Town Attorney from either Sovran Bank or Dominion Bank in the amount of $158,349.00 was approved by the adoption of Resolution #91-271 on November 26, 1991; and WHEREAS, the developer has not been able to provide the town with a letter of credit in a form which meets the requirements of the Town Attorney; and WHEREAS, the developer has requested that the town accept a corporate surety bond fi'om Fidelity and Deposit Company of Maryland in the amount of $158,349.00; and WHEREAS, Fidelity and Deposit Company of Maryland meets the requirements for an insurance company in Section 13-94 of the town's Subdivision and Land Development Regulations. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A corporate surety bond in a form approved by the Town Attorney from Fidelity and Deposit Company of Maryland in the amount of $158,349.00 is approved as security to guarantee the installation of public improvements at the C&P Building at Highpoint. VOTE Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None Minutes of January 14, 1992 On motion of, and duly seconded, the meeting was adjourned at 10:00 p.m. Clerk of Council Robert E. Sevila, Mayor Town of Leesburg