HomeMy Public PortalAbout1992_02_25TOWN COUNCIL MEETING MINUTES OF FEBRUARY 25, 1992
A regular meeting of the Leesburg Town Council was held on February 25, 1992, at 7:30 p.m.,
in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order
by the Mayor.
INVOCATION was given by Councilmember Donald A. Kimball
SALUTE TO THE FLAG was led by Councilmember Christine M. Forester
ROLL CALL
Councilmembers present
Georgia W. Bange
James E. Clem
Christine M. Forester
Donald A. Kimball
Claxton E. Lovin
William F. Webb
Mayor Robert E. Sevila
Staff members present
Town Manager Steven C. Brown
Assistant Town Manager for Economic Development
and Administration Peter M. Stephenson
Director of Planning, Zoning and Development Michael Tompkins
Director of Utilities Randolph W. Shoemaker
Director of Engineering and Public Works Thomas A. Mason
Planner Gene Arner
Public Information Officer Susan Farmer
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Markland
Planning Commission members present
Robert Altland ~
Dennis McVeen
Clifton Vaughan
William Wolf
Fred Williams
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded by Mr. Lovin, the regular meeting minutes of February 11, 1992 and
January 22, 1991 were approved as written.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: No~e
CERTIFICATE OF APPRECIATION
Mayor Sevila presented Executive Director of Leesburg Renaissance with a Certificate of App~:eciation.
The certificate read: "For his tireless enthusiasm and organizational skill which contributed significantly
to the success of Leesburg Renaissance."
Mayor Sevila congratulated Mr. Tringale on his new position and wished him the best of luck.
Mr. Tringale encouraged the continued dedication from the Town of Leesburg to continue to support
Leesburg Renaissance. Town funding has played an important role in making the renaissance programs
successful.
Minutes of February 25, 1992
PETITIONERS
Mr. John Pickar, President of Interfaith Relief Incorporated, addressed the Council introducing the hoard
members. He petitioned the Council for the use of the town's building on Liberty Street for a
permanent, long-term commitment.
Mayor Sevila asked that staff evaluate the request and place the matter on the March 3, Administration
and Public Works Committee agenda.
Mr. Brown stated that this organization is providing a significant service to the community. The facility
in question has been prepared for demolition. However, it has a good roof and structure and has more
then enough parking. Staff will be glad to work with Mr. Pickar prior to next Tuesday's committee
meeting.
Loudoun County Supervisor Joan Rokus addressed the Council stressing the impm"~ance of good town
and county relations. She expressed the importance of keeping the lines of communications open and
thanked the Council and staff for their continued cooperation. She introduced her appointment to the
Loudoun County Planning Commission Mr. C. Terry Titus.
Mr. Titus addressed the Council expressing his desire to work with the Council and town staff.
Mr. Jim Wordsworth, Chairman of the Loudoun County Convention and Visitors Bureau (LCCVB) along
with Mr. Dick Wright Vice-Chairman, addressed the Council presenting an update of the LCCVB. He
stated that the LCCVB started with $25,000.00 in advertising. The overall operating cost was 29 percent.
Mr. Wright addressed the Council presenting the various advertisements for travel and tourism that the
LCCVB produced on behalf of Loudoun County and Leesburg.
Mr. Wordsworth stated that LCCVB has done other things to make the LCCVB effective to the
community as well as advertising which is through the 800 phone service. This number has been used
as the official number for the Virginia Garden Week, the Morven Park Steeple Chase, Leesburg First
Nite, Leesburg Renaissance Music Festival, the Leesburg Economic Development Effort and the Hillsboro
Concert Series.
In terms of the town's investment in the LCCVB, in 1990-91 the town's actual meals and room tax
receipts were $428,000 and 79,338, respectively. The town's forecast for 1091-92 is $580,000 for meals
tax and $160,000 rooms tax. This is a total growth in revenue of 46 percent. The town's budget reflects
an 18 percent cut in LCCVB funding. Yet it anticipates a 46 percent increase in revenue from LCCVB.
In the Town of Leesburg, last year, for every dollar the town invested it got $15.38 back. Mr.
Wordsworth encouraged the Council, during its budget deliberations, to not reduce the LCCVB's budget
of $33,000.00.
Mayor Sevila asked Mr. Wordsworth if the LCCVB would be getting the same amount of funding from
Loudoun County. Mr. Wordsworth stated that the County's contribution was at $253,000 and then it
was cut to $170,000 and now LCCVB is looking at $153,000.00.
JOINT PUBLIC HEARING
To consider rezoning proffer amendment Application #ZM-133, Harrison Street Elderly
Housing and Special Exception Application #SE-91-05~ Harrison Street Elderly Housing
Planning Commissioner Fred Williams, addressed the Council indicating the present Planning
Commission members and ascertaining that a quorum exists of the Planning Commission.
Mr. Gefle Arner addressed the Council presenting the staff report. He stated that this is an application
for an amendment to existing proffers and a special exception to allow construction of a 67 unit elderly
housing project on 1.3 acres of land located at the northeast corner of Harrison Street and Depot Court.
Council, in 1987 rezoned the parcel of land to B-1 also granting a special exception to allow 48 units of
elderly housing.
The proposal calls for 67 units of assisted-living housing. Assisted-living is defined as the "frail elderly".
The 67 units include one that would be used by the resident manager. There are to be five or six other
Minutes of February 25, 1992
staff members that would include a nurse on duty during day time hours. The facility would not provide
any kind of medical care. The typical size of each unit is about 450 square feet.
The Planning Commission expressed some interest in whether there was a need. This is not something
that the applicant needed to demonstrate in order to receive the special exception.
Signed and notarized proffers have been submitted. Mr. Arner briefly reviewed the proffers.
StafFs view is that the proposed elderly housing project would not have adverse affects on the
surrounding uses.
The applicant is seeking relief from having to provide 30 percent open space and 250 square feet of active
recreation facilities per unit. The site plan has adequate open space to meet the 30 percent requirement.
The applicant feels that the types of active recreation facilities which the ordinance recommends are
inappropriate for elderly persons. They include tennis courts, swimming pools, tot lots, etc. The total
requirement for the 67 units would be 16,750 square feet.
Another criterion deals with noise, lighting and hours of operation of outdoor recreation facilities. Such
as tennis courts, etc., which is not germane to what is proposed for this structure.
Another concern is the maximum density of 22 units per acre. On a 1.3 acre site, under the town's
ordinance, a maximum of 29 units would be allowed. The applicant is requesting 67 units. By way of
justification the applicant points out that the size of the units is vastly smaller then a typical multi-family
apartment for a family. A family is the other distinction. Most of these would be occupied by a single
person as opposed to a small family.
Another criterion deals with the architectural treatment. The ordinance recommends against large
monolithic buildings.
Mr. Steve Robin, representing the applicant, addressed the Council. He stated that the staff presentation
was very thorough. He stated that the project is basically a lowering of intensity of use from that which
was previously suggested in 1987 and 1989. This has its impact in a lower traffic density, a greater
amount of buffering, more open space and creativity in the design on the site. To be able to provide
almost two-thirds of the normal multi-family requirement is a very healthy percentage under the
circumstances. The property is very well situated to shopping, parks and is generally a good in fill project.
Mr. Kimball questioned the height of the building and the setback from Harrison Street. Mr. Robin
stated that the height of the building is 34 feet and the setback is 20 feet.
Mayor Sevila stated that elderly housing is not a permissible use in this district. The exception that the
Council is being invited to make is that it is multi-family and yet the Council is making exceptions even
to multi-family, in that, it is clearly intended for an elderly use. The Council is being to ask then modify
certain limitations or restrictions placed on multi-family - to make it more adaptive or suitable to the
elderly. Mayor Sevila questioned whether that is a permissible turn on the zoning ordinance? Can the
Council grant a use that is not one, by special exception, in the district that it is being sought in?
Mr. Robin stated that the Council in 1987 granted this type of use in that location. He stated that he
thinks the Council can grant this request. What we are doing is taking a regular, multi-family use and
proffering it down. The use is not changing but we are offering to qualify it in certain ways. The
Council is being asked to approve multi-family as a special exception. It is within the Council's legislative
discretion to grant or deny it. The Council may want to, in the future, amend its ordinance to be more
specific on the question of where elderly housing should or should not go.
Mayor Sevila asked, isn't elderly housing different from multi-family when it assumes a category other
then independent living? There are several categories for the elderly. Independent, assisted care and the
third requires the presence of a medical staff (skilled care). If we are going to create all of these
exceptions within this special exception for multi-family, how do we perpetuate the characteristic of the
fact that it is an assisted elderly residential development? Mr. Robin stated that in terms of the type of
people who would be servicing them. The proffers could be more specific if that will exercise some degree
of control.
Mayor Sevila stated that if this Council makes these exceptions because it is assisted housing and in two
years the applicant comes back and says our plan to provide those units of assisted housing is not
Minutes of February 25, 1992
working we would like to make it normal, elderly housing which means they don't need assistance and
they may in fact have cars and may generate traffic and may have the open space and recreational
requirements. It might revert to a multi-family development where the only difference between it and
others in the community is simply the age and only the age of the occupants.
Mr. Tucker, representing the applicant, addressed the Council stating that one requirement of this facility
is that in the state of Virginia it will be licensed meeting the criteria of the state for a licensed home for
adults.
Mr. Kimball asked what the zoning ordinance requirement is for the ratio of parking spaces to the 67
units and what is the town code with regard to off-street parking? Mr. Arner stated that the ordinance
requires one parking space per three units plus one space for staff. The requirements for this facility
would be approximately 30 spaces depending on the number of staff.
Mr. Arner addressed the Mayor's point regarding elderly housing in the zoning ordinance. He stated that
in the 1990 revision of the ordinance, the MC (medical center) zoning category was created. One of the
permitted uses in that category, bi-right, is elderly housing. That is the only place in the zoning
ordinance where elderly housing is mentioned other then in the definitions.
Mayor Sevila asked if this project is one that would be eligible for any sort of state or federal financial
assistance. Mr. Tucker stated that there is no assistance anticipated. This is a market rate project.
Mayor Sevila stated that perhaps the town's ordinance is deficient not only that it does not provide for
elderly housing in other districts but it may also be deficient, in that, it should have a definition or
distinction between the various kinds of elderly housing. He asked Mr. Arner to look into this before
the next committee meeting.
Mr. Robin stated that if this is a concern of the Planning Commission and Council, with this particular
application, we could provide a level of comfort in terms of the conditions and/or the proffers so that the
project would be in violation if it were to revert to the average multi-family housing.
Mr. Gilbert Friedman, representing Leesburg Recyclers which abuts the proposed project, addressed the
Council questioning what problems staff believes would occur on the elderly housing project as a result
of the neighboring properties. Mayor Sevila stated that staff is asking the Council and Planning
Commission, to make sure before giving approval to this application as an appropriate site for a housing
development, that it is going to be happy, healthy and an appropriate location for the residents who will
live there. This does not mean that any changes will be imposed on the businesses who are already
lawfully operating around this location. Mr. Friedman then stated that he does not have any problem
with the application.
Mr. Tolbert addressed the Council noting that a fuel plant is located near the proposed project. He asked
if there were any concerns raised. Mr. Brown stated that this concern was addressed.
Mrs. Mildred Harbough, a resident of Leesburg and a health care administrator, addressed the Council.
She raised concerns about the size of the rooms, the handicapped, the licensing, what is meant by
assisted agent and parking/traffic.
Mr. Donald Barry, addressed the Council, requesting to see the plans of the building. Mayor Sevila
stated that Mr. Barry could contact the town's Planning Department to make arrangements to review
the entire file.
Mayor Sevila closed the public and recognized Planning Commission member Fred Williams. Mr.
Williams stated that this issue is expected to be reported out of the Planning Commission on Thursday.
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, this matter was referred to the March 3, 1992, Planning
and Zoning Committee meeting.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Minutes of February 25, 1992
COUNCILMEMBER COMMENTS
Mr. Webb had no comment.
Mr. Lovin made the following statement:
"Tonight I am officially announcing that I am not a candidate in the May Town Council election. In May
of 1988 when I was elected to a four year term I made a pledge to my family that I would serve only one
term. I have enjoyed my time on Council and would like to thank those citizens of the town who
encouraged me to run in 1988 and have continued to urge me to run again this year. However, my
pledge to serve only one term is still my priority. Today marks the 1,334 day of 1,461 days that I
committed to as a member of Council on July 1, 1988. I have 127 days to go before my term expires on
July 1, 1992. For those who think I will be a lame duck and not entirely involved with issues during the
coming four months, stay tuned. I can assure you that I will continue to weigh the issues before me and
communicate my position to the public as I have in the past. The coming election in May is important.
Leesburg has great potential but to achieve that potential I believe the town needs strong leadership and
vision. These are the real issues of the election. I hope the voters of Leesburg will elect council
individuals with proven leadership credentials who are free of an expressed political party affiliation and
who are not afraid to stand up for what they are not what special interests think is right."
Mr. Clem had no comment.
Mr. Kimball made the following statement:
"I want to say thanks to those who supported my candidacy in the election four years ago. This is and
has been an incredibly unique experience for me personally. It has enabled me to contribute to our
community in a way few people have experienced. To have my hand on the throttle of local government
policy and regulation decision making has been an interesting and rewarding endeavor. I felt I have been
able to bring my work experience with the Federal Aviation Administration to bear on this process in
a positive way working for balanced policy and regulation which benefit all community interests. I would
like to believe I was always on the right side of every issue even when the voting did not go my way.
But of course this isn't the case. I have only one regret that much personal satisfaction from these past
four years. I regret that I didn't engage in town political and governmental process sooner. There is a
learning curve to work through and I believe I was somewhat naive in my initial approach to the business
of town business or the business of governments. I believe my one real personal accomplishment was
that I did not remain on the sidelines but risked public scrutiny and participated in the process. I have
studied the issues, listened to the various citizen business interest and voted my conscious and
convictions. Since I do not work locally I am not involved in clubs and committees and I have often
remarked that the only name recognition that I enjoyed four years ago was through my wife Shirley.
She is a former Executive Director of the Loudoun County Chamber of Commerce and is now
Broker/Manager of the Town and Country Real Estate office located in the Historic Patterson House on
Loudoun Street in downtown Leesburg. After discussing several options with my wife, without whose
support I could not have endured the many long sessions and frequent meetings these past four years
and prayerful considerations to what is best for us, I have concluded that seeking additional term as a
councilmember is not appropriate. I believe in turnover at all levels of government, local, regional, state
and national. Either by a personal decision or by ballot box. Fresh ideas and individual energy are
paramount in using government to serve the people. In conclusion I want to thank the citizens of
Leesburg once again. My fellow councilmembers both past and present and our town manager and staff
for their patience and courtesies that they have shown me. I wish you all the best and pray to the Lord
to encourage and sustain you during these difficult economic conditions. This is indeed a truly unique
and wonderful town."
Mrs. Forester made the following statement:
"During the past four years I have had the opportunity to serve the citizens of Leesburg not only as a
member of the Town Council but also as a Planning Commissioner. One of the reasons I ran for office
was to encourage more citizens to get involved in town government. I have accomplished my goal. There
have been numerous ad hoc committees and many appointments have been made to the town's boards
and commissions. Each time it was a very open process and all the citizens of Leesburg were invited to
participate. Throughout my term every citizen has had the opportunity to speak at all levels. I have
worked to make sure that development pays its fair share and the planning process has been streamlined
so that it serves the public and the business community more effectively. Economic development has also
been made a priority. The current members of Council are concerned about the citizens of the town and
when I look at the slate of people who have indicated an interest in serving as councilmembers I find that
Minutes of February 25, 1992
they are also concerned citizens who offer clear choices to the electorate. When it comes to government
I feel that citizens should be given a choice and that voters should be able to elect all of the people who
will represent them. Because I feel very strongly about the citizens right to chose I have decided to run
for Mayor of the Town of Leesburg. As candidate for Mayor I feel that I present a clear choice for the
citizens of the town. I have shown that I am a person who can build consensus and solve problems. My
record over the past four years shows that I thoroughly research the issues. I ask the tough questions
and I make my decisions based upon the facts. While I do not make politically expeditious decisions I
have worked to expedite the decision process. Because I am not a member of any special interest group
and I am not affiliated with any political party I will not endorse any candidate for the Town Council.
I will work with the current members of the Council and whoever is elected to ensure that Leesburg
continues to maintain its excellent quality of life. As Mayor I pledge to hold the line on spending and
to work for economic development. I will continue to be accessible to all the constituents and to
encourage all citizens to remain involved in their government. Finally I want to encourage all citizens
of the town to take advantage of the opportunity to chose a new Mayor and three members of Town
Council. Study the issues. Talk to all of the candidates. Compare their qualifications. Be sure to
carefully examine their voting record on the issues that are important to you. Make your decision and
most importantly vote on May 5th."
Ms. Bange stated that she attended the George Washington's dinner at Landsdowne on Saturday evening.
She congratulated all who were winners of awards and the American Legion and VFW who sponsored
this dinner.
An American Heart Association program will be viewed during this week on Channel 6 at 6:30 p.m.
MANAGER'S REPORT
Mr. Brown noted that the Council did receive a copy of the written Activity Report.
He congratulated Mr. York and the finance department staff for their achievement of the 6th consecutive
Distinguished Budget Presentation Award from the Government Financial Officers Association.
The Mayor and department directors met with about 30 mayors from E1 Salvador this past week.
MAYOR'S REPORT
Mayor Sevila pointed out that staff met with a group of about 30 elected officials from E1 Salvador. They
are brought to the Town every six months by a group called the Academy for State and Local
Government. The academy brings these groups to the United States from Latin America and takes them
throughout the country visiting various communities where the academy believes they are most likely
to find the experiences of that community helpful to them.
This week we will be having a meeting with an official from the Customs Bureau to look into the
possibility of having a reimbursable customs officer at Leesburg Airport. This is considered to be a very
important opportunity to enhance the service that is available at the airport and hopefully attract a
greater number of international flights.
The town had its first event of 1992. The Renaissance International Music Festival was held this past
weekend. Mayor Sevila wished to encourage volunteers for the upcoming events.
MOTION
On motion of Ms. Bange, seconded by Mr. Clem, the following Resolution of Respect was proposed and
unanimously adopted.
RESOLUTION OF RESPECT
WHEREAS, Mr. Carlton Wilmer Longerbeam served the Town of Leesburg with distinction and
dedication as a town employee until his sudden death on Friday, February 14, 1992; and
WHEREAS, "Wilmer", as he was affectionately known, was employed by the town's Utility
Department in August, 1965; and
WHEREAS, Wilmer was promoted to the position of Assistant Superintendent in February, 1976
where he served Leesburg citizens until February 14, 1992; and
Minutes of February 25, 1992
WHEREAS, during his Twenty-Seven years of employment with the town, Wilmer participated
in many significant utility projects, as the town grew at an unprecedented rate; and
WHEREAS, Wilmer's love for his job and his pride in the Town of Leesburg was clearly
demonstrated by his request to have his ashes spread upon the town; and
WHEREAS, Leesburg citizens enjoy quality public services made possible through the hard work
and commitment of municipal employees like Mr. Carlton Wilmer Longerbeam:
THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg
in Virginia extend their sympathy to his family and to all who knew him; and
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of
this meeting and that a copy be sent to his wife, Shirley J. Longerbeam, and their children.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
LEGISLATION
11. (a)
Mr. Brown summarized the following legislation.
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and unanimously
adopted.
92-21 - RESOLUTION - ESTABLISHING PRO RATA FEES FOR WESTERN
PRESSURE ZONE WATER SYSTEM IMPROVEMENTS
WHEREAS, Section 19-24 of the Town Code authorizes the town to collect pro rata fees for town-
constructed water conveyance facilities necessitated, at least in part, by future subdivisions or
development of land; and
WHEREAS, the town has planned capital expenditures, included in the FY 92 - FY 96 Capital
Improvements Program, for water system improvements within the Western Pressure Zone (WPZ) to
include construction of approximately 14,000 feet of waterline and upgrade of the existing WPZ Booster
Station; and
WHEREAS, a "public notice" regarding Council's intention to establish pro rata fees for the WPZ
water system improvements was published the week of February 10-14, 1992 in two local newspapers
of general circulation; and
WHEREAS, it has been determined that thirty percent of the cost of the installation of this
facility is for public benefit and seventy percent is for the benefit of property owners or developers of
undeveloped lands in the Western Pressure Zone; and
WHEREAS, the estimated cost for all costs associated with the Western Pressure Zone Water
System Improvements project is $1,836,935.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Western Pressure Zone Water System Improvements pro rata facility charge
is hereby established at $1.04 per gallon per day of estimated water demand for all new connections or
expanded use of existing connections to the Western Pressure Zone water system.
SECTION II. The fee as specified in Section I shall be paid prior to the issuance of a zoning
permit and concurrently with the payment of required availability fees for new connections or expanded
use of existing connections to the WPZ water system.
Minutes of February 25, 1992
SECTION III. The fee shall be adjusted by the percentage increase or decrease in Engineering
News Record Construction costs index value at the time of application. The current construction cost
index value from which the increase or decrease shall be measured is 4885.
SECTION IV. The fees established herein shall run with the property and the Town Manager
shall maintain for public inspection a record of properties subject to these fees.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11.
MOTION
On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
92-22 - RESOLUTION - REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO
ACCEPT CERTAIN STREETS
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Virginia Department of Transportation is requested to accept into the Virginia Department
of Highways arterial and secondary system .60 lane miles of Edwards Ferry Road; .94 lane miles of the
Route 15 Leesburg Bypass; .30 lane miles of Clagett Street; .16 lane miles of Periwinkle Way; .32 lane
miles of Catoctin Circle; .40 lane miles of Lawson Road (Rt. 654), 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.
Mayor Sevila stated that the 1992 Spring Preallocation Primary and Urban Road hearings will be held
in Fairfax on April 1, at 10:00 a.m. This needs to be placed on the appropriate committee for
consideration.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11. (c)
MOTION
On motion of Mr. Webb, seconded by Mr. Lovin, the following resolution was proposed and unanimously
adopted. ~
91-23 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS AT FOX CHASE SECTION 1
WHEREAS, Pulte Home Corporation, the developer of Fox Chase Section 1, 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 C&S/Sovran Bank in the amount of $62,000.00 is
released, and a new security in a form approved by the town attorney for a maintenance guarantee in
the amount of $15,500.00 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.
VOTE
Minutes of February 25, 1992
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
NEW BUSINESS
12. (a)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously
adopted.
91-24 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR THE
PAXTON SEWAGE PUMPING STATION
WHEREAS, Council Resolution #92-6 approved a cash performance guarantee in the amount of
$126,300.00 as security to guarantee installation of public improvements by the Paxton Development
Corporation, as shown on plans approved by the Director of Engineering and Public Works for the Paxton
Sewage Pumping Station; and
WHEREAS, the Paxton Development Corporation, the developer of the Paxton Sewage Pumping
Station, has presented a letter of credit from Farmers and Merchants National Bank in the amount of
$126,300.00, confirmed by Crestar Bank, in place of the approved cash performance guarantee.
WHEREAS, the term of the letter of credit confirmed by Crestar from Farmers and Merchants
Bank is for one year with a provision for automatic renewal thereafter; and
WHEREAS, the normal term for a performance guarantee is 2 years as listed in the town's
contract for installation of public improvements.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Farmers and Merchants National Bank, confirmed by
Crestar, in the amount of $126,300.00 is approved in place of the approved cash guarantee in the amount
of $126,300.00 from the Paxton Development Corporation to guarantee the installation of public
improvements for the Paxton Sewage Pumping Station.
SECTION II. The initial term of the contract for installation of public improvements for the
Paxton Sewage Pumping Station is hereby set at one year.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
12.(b)
MOTION
On motion of Mr. Webb, seconded by Mr. Lovin, the following resolution was proposed and unanimously
adopted.
92-25 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR PAXTON
SECTION 2
WHEREAS, Council Resolution #92-7 approved a cash performance guarantee in the amount of
$187,966.60 as security to guarantee installation of public improvements by the Paxton Development
Corporation, as shown on plans approved by the Director of Engineering and Public Works for Paxton
Section 2; and
WHEREAS, the Paxton Development Corporation, the developer of Paxton Section 2, has
presented a letter of credit from Farmers and Merchants National Bank in the amount of $187,966.60,
confirmed by Crestar Bank, in place of the approved cash performance guarantee.
Minutes of February 25, 1992
WHEREAS, the term of the letter of credit confirmed by Crestar from Farmers and Merchants
Bank is for one year with a provision for automatic renewal thereafter; and
WHEREAS, the normal term for a performance guarantee is 2 years as listed in the town's
contract for installation of public improvements.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Farmers and Merchants National Bank, confirmed by
Crestar, in the amount of $187,966.60 is approved in place of the approved cash guarantee in the amount
of $187,966.60 from the Paxton Development Corporation to guarantee the installation of public
improvements for Paxton Section 2.
SECTION II. The initial term of the contract for installation of public improvements for Paxton
Section 2 is hereby set at one year.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Mayor Sevila asked Mr. Brown what the situation was at the Rosemeade Subdivision. He reported that
8 residents experienced sewer backup in their homes. Mr. Brown stated that town crews did a
preliminary investigation and additional testing information by the developer was received today. The
results of those preliminary tests indicate that there is a section of sewer pipe that is not ready for
acceptance into the town's system. Further testing and analysis is forthcoming.
On motion of, and duly seconded, the meeting was adjourned at 9:35 p.m.
Clerk of Council
Robert E. Sevila, Mayor