HomeMy Public PortalAbout1994_07_26245
frOWN COUNCIL MEETING MINUTES OF JULY 26, 1994
A regular meeting of the Leesburg Town Council was held on July 26, 1994, at 7:30 p.m. in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor.
INVOCATION was given by Councilmember Trocino
SALUTE TO THE FLAG was led by Deputy First Class George Diehl
ROLL CALL
Councilmembers present
George F. AtweH (absent)
Frank J. Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Deputy Town Manager Peter Stephenson
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Director of Parks and Recreation Gary Huff
Assistant Town Manager for Economic Development James Gahres
Planner Marilee Seigfried
Chief of Current Planning Lee Phillips
Public Information Officer Susan Farmer
Deputy Town Attorney Deborah Welsh
Town Clerk Barbara Messinger
APPROVAL OF MINUTES
MOTION
On motion of Mr. Trocino, seconded by Mr. Webb, the special meeting minutes of June 29, 1994, and the
regular meeting minutes of July 12, 1994, were approved as written.
VOTE
Aye:
Nay:
Absent:
Abstain:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Atwell
Councilmembers Buttery, Emswiller and Umstattd (June 29, 1994)
PETITIONERS
Carol Bahnson announced the Eastern Wine Festival would be held August 13 and 14, 1994.
Nestor Sanchez provided an update on the plans for the WWII Commemoration Day scheduled for September
17, 1994 at Leesburg Airport.
Bob Lorenz, a resident of Lounsbury Court, addressed the Council in reference to the road network in Exeter
Hills Section 5, 6, and 7. Letters presented to the Council are made a part of the official record.
Joe Paciulli spoke in support of the adoption of Item 10.(a).
John King addressed the Council stating the process for reviewing plans works. He expressed concerns with
notification requirements and road plans in the current Town Plan. He asked for review and revisions of the
traffic plan, bike and pedestrian paths.
Mayor Clem requested the issue be discussed at the September workshop.
Tim Horner, representing the Leesburg Kiwanis, announced the 13 year old Little League champions finished
3rd in the State Championship. The 16 year old boys were selected to attend the 28th National AA Junior
Olympics in Cocoa Beach, Florida. He also reported that half of the $9,000 cost for the trip has been raised
and requested the town's support.
246
Mayor Clem requested this issue be added to the August 2, 1994 Finance Committee agenda.
Hubbard Turner addressed the Council regarding removal of the barrier from Bradfield Drive. He requested
the barricade be reinstalled. His statement is made a part of the official record.
Paul Cringle, a resident of 207 Catoctin Circle, expressed concerns in reference to the opening of Catoctin
Circle. He emphasized safety and neighborhoods, and requested an amendment be made to the Town Plan.
Willard Walters, a resident of Wildman Street, N.E., addressed the Council regarding the opening of streets
in the Northeast quadrant. He was concerned with the safety and welfare of children and homes. He asked
what the plan was for Wildman Street. He requested that the town retain the cul-de-sacs. He noted a
heliport is now located on Cranbrook Drive and was concerned with the safety of a heliport in a residential
area.
Ms. Wilburn, a resident of Loudoun County, expressed sadness at the death of Reavis Sproull. She considered
it a great loss noting his contributions to the community. Ms. Wilburn was concerned about the handicapped
access to public facilities.
Heidi Malacarne referenced the Tree Ad Hoc Committee recommendations and pointed out that these
recommendation never made it to the CAC. Ms. Malacarne requested the recommendations be incorporated
into the Town Plan or hold off until they could be worked in.
Mayor Clem, stated that the Tree Ordinance was discussed at the EAC meeting on July 25 and the
Commission hopes to incorporate some of the members who served on the Tree Committee into the EAC.
Mayor Clem presented a Certificate of Appreciation to Deputy First Class George F. Diehl.
PUBLIC HEARING: #ZM140 U.S.C.T.A Headquarters~ Rezoning and Town Plan amendment
Mr. Trocino abstained from any discussion.
Marilee Seigfried provided the staff report, and stated that signed proffers have been received.
Patrice McKenny, of Costello, & McKenny, represented the applicant. She stated that the U.S.C.T.A. will
bring economic development to the Town of Leesburg.
Beck Dickerson of Loudoun Services Group, addressed the Council representing the applicant as the architect.
Mr. Dickerson presented an overview of the proposed project.
Ms. Umstattd asked which proffers required the applicant to maintain open space.
Mr. Dickerson responded there was no proffer to do such a thing. The motivation was that they did not want
to landscape and maintain it in an unnatural state. It is an unused portion of the site.
Ms. Emswiller asked if the zoning has changed from one house per acre.
Mr. Dickerson replied it was still zoned as one house per acre.
Kevin O'Neil, a resident of 411 William Street, stated the Town of Leesburg currently has 158,782 square feet
of available vacant office space. He stated it is better to promote economic development by having the
U.S.C.T.A. locate their headquarters downtown. He pointed out traffic problems, currently available office
space and safety of children as reasons why the application should be denied. He asked that the town be more
prudent in how development occurs. He noted that after passing out information to neighbors on the project,
most were not aware of the rezoning, and once informed, were opposed. Mr. O'Neil stated the residents of
Northwest Leesburg ask the Council to deny application ZM-140.
Sommerfield Tillet, a resident of 308 Morven Park Court, requested denial of the rezoning.
Susan Yost., a resident of 413 Williams Street, expressed opposition to application ZM-140.
Peter O'Reilly, a resident of 205 Morven Park Road, spoke with mixed feelings about application ZM-140.
He suggested an H-3 district to serve as a buffer. He supported the U.S.C.T.A. in Leesburg, but not in this
area.
Barry Barbini, a resident of 415 Williams Street, spoke in opposition to the rezoning application.
Dave Moyes, General Counsel for the Westmoreland Davis Memorial Foundation, spoke in support of the
rezoning application. He provided information on the U.S.C.T.A. and stated the land was given free to the
organization. Mr. Moyes pointed out reasons for having the headquarters located in Leesburg and considered
the proposal an appropriate and consistent use of the property.
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Mr. Bedford, a trustee of Westmoreland Davis Foundation, provided the history of the Deed of Gift of
General & Mrs. Davis.
Ron McLanahan, a resident of 409 Williams Street, welcomed the organization to Leesburg but not as a
landlord in a neighborhood.
Jim Gahres, Assistant Town Manager for Economic Development, made four points of interest: jobs, net gain
to the region, the U.S.C.T.A. is a National Trade Association, the type of trade association - Equine industry
is a crucial part of the local economy.
Mr. Webb asked Mr. Gahres if he considered this proposal good for Leesburg from an economic standpoint.
Mr. Gahres responded yes.
Ms. Emswiller asked if any provisions were being made for event vehicles.
Mr. Moyes stated that events are held on the north end of the property where there is a road specifically for
such events. Morven Park has a special arrangement with state and local police to provide assistance during
events.
Ms. Emswiller commented that the 18 wheelers and horse vans are a huge problem on Morven Park Road.
She understands there is nothing that can be done due to the closing of the road because of the gift of the
park and nothing is able to be worked out to get access across the property.
Mr. Moyes replied the problem is that Morven Park property does not extend to Route 15. The Rust estate
owns the strip needed.
Ms. Emswiller asked when the land reverts back to Morven Park would it revert back to the zoning that
Morven Park has.
Mr. Moyes replied that had not been thought of yet.
Ms. Emswiller commented that everyone is in favor of economic development but economic development is
not site specific. She stated it is a benefit if the organization locates here, but its the same benefit if it locates
downtown or someplace where there is commercial zoning now, versus using land that needs to be rezoned.
Mayor Clem closed the public hearing. The issue was referred to the Planning and Zoning Committee
meeting of August 2, 1994.
COUNCILMEMBER COMMENTS
Mr. Webb asked for an update on the turning lane at Route 621 and South King Street.
Mr. Mason responded the bid would be out in the next 30 days and would be built this Fall.
Mr. Webb requested that Mr. Stephenson contact legal counsel regarding problems with the cable company.
Mr. Buttery encouraged commitment by the Council for tree preservation. He suggested the creation of new
stands of trees in the Plaza Street area. He proposed discussing other ideas at the September workshop to
designate other areas of town for plantings, etc.
Ms. Umstattd presented a limited edition T-shirt from Pat Chamblin commemorating the 100th Anniversary
of the Loudoun County Courthouse. Shirts are on sale to raise money for repairs to the cupola.
Mr. Trocino had no comment.
Ms. Emswiller recently attended the VML Conference for newly elected officials with Mr. Buttery. She
expressed the importance of the Council staying consistent.
She was proud of Mr. Gahres being appointed to the Governmental Counsel of Economic Development and
thanked staff for all their help.
MAYOR'S REPORT
Mayor Clem attended the EAC meeting on July 25, 1994. He considered it to be a very strong commission.
He reported the town received 50% of the requested amount through a grant for fighting drugs in the Town
of Leesburg. He requested that follow-up reports be returned to the state showing progress and hopes for
the future.
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248
Mayor Clem worked with Mr. Stephenson, Nancy Fixx, and Paul York regarding the Pay and Classification
Study interviews.
MANAGER'S REPOR?
Mr. Stephenson reviewed the Activity Report.
He reported that a Block Party Permit has been approved for Duff Road on July 28, 1994 from 9 a.m. to 4
p.m.
LEGISLATION
10.(a}
This item was referred to the August 2, 1994 Planning and Zoning Committee meeting.
10. COL (c). (d). (e). (it), (h).(i). (i). (k). (!)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following resolutions were proposed as consent and
unanimously adopted.
94-153 - A RESOLUTION: AUTHORIZING A NOTICE OF PUBLIC HEARING FOR A SPECIAL
EXCEPTION APPLICATION #SE-94-01 BY DARIUSH M. BEHROOZ
RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows:
A notice of Public Hearing to consider special exception application #SE-94-01 by Dariush M.
Behrooz shall be published in the Leesburg Today on July 27, 1994 and August 3, 1994 for public hearing on
Tuesday, August 9, 1994 in the Council Chambers of the Government Center at 25 West Market Street,
Leesburg, Virginia 22075.
94-154 - A RESOLUTION: AUTHORIZING A NOTICE OF JOINT PUBLIC HEARING TO AMEND
THE TOWN PLAN
RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows:
A notice of Joint Public Hearing to consider an amendment to the Leesburg Town Plan to
accommodate a public facilities site at a location on Plaza Street shall be published in the Leesburg Today
on August 31, 1994 and September 7, 1994 for public hearing on Tuesday September 13, 1994 in the Council
Chambers of thc Government Center at 25 West Market Street, Leesburg, Virginia 22075.
94-155 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED AT LEESBURG GATEWAY
LOT 1
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date at Leesburg Gateway Lot 1 and certified that the value of work performed is
$15,520.00; and
WHEREAS, a cash bond in the current amount of $37,145.00 has been provided by the developer
and approved by the Council to guarantee installation of public improvements at Leesburg Gateway Lot 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The cash bond in the amount of $37,145.00 is reduced to $21,625.00.
SECTION II. The Town Manager shall notify the developer that liability for the cash bond funds
has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for Leesburg Gateway Lot 1.
94-156 - A RESOLUTION: FY 1996 TRANSPORTATION PROJECT FUNDING REQUESTS FOR
CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENTS PROGRAM
(CMAQ) AND REGIONAL SURFACE TRANSPORTATION PROGRAM {RSTP)
PROGRAM
WHEREAS, the Technical Committee of the Northern Virginia Transportation Coordinating Council
(TCC) has asked member jurisdictions to identify transportation projects which might quality for regionally
allocated federal funding for FY 1996 and that all projects are prioritized by the town.
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249
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The following projects are among the town's transportation objectives and are recommended for
funding during FY 1996. The town requests that the following CMAQ and RSTP projects be submitted to
the TCC in the priority order as listed below:
A. Regional Surface Transportation Program
2.
3.
4.
5.
East Market Street Widening Project Sycolin Road to Loudoun Street.
Widen Route 7/15 Bypass from Route 7 to Route 15.
Widen Catoctin Circle from South Street to South King Street
Widen South King Street from Route 621 to Route 704.
Widen Sycolin Road from Route 15 bypass to end of Airport property.
B. Congestion Mitigation and Air Quality Improvements
Installation of traffic signal at Route 621 and Route 15.
94-158 - A RESOLUTION: APPROVING A PRELIMINARY DESIGN FOR THE EDWARDS FERRY
ROAD SIDEWALK AND ROAD IMPROVEMENTS PROJECT
WHEREAS, installation of a sidewalk along the north side of Edwards Ferry Road between Prince
Street and Washington Street has been a needed public improvement for over ten years; and
WHEREAS, the installation of curb and gutter and drainage system improvements are necessary to
better control stormwater runoff and will replace the existing roadside shoulders and ditches; and
WHEREAS, the appearance of the existing neighborhood along this section of Edwards Ferry Road
will be altered by this project and all reasonable efforts should be made to minimize the change in appearance
without compromising pedestrian and traffic safety; and
WHEREAS, the residents along Edwards Ferry Road have been kept informed of the status of this
project and were invited to attend a special meeting to learn about the project which was held on May 2, 1994;
and
WHEREAS, comments from concerned neighbors and citizens have been received and reviewed by
town staff and as a result the preliminary design has been modified to accommodate many of the concerns
raised; and
WHEREAS, the proposed 2 foot grass utility strip and the proposed parking lane along Edwards
Ferry Road have been eliminated; and
and
WHEREAS, tree preservation and the planting of new trees are important elements of this project;
WHEREAS, the extension of Catoctin Circle to Edwards Ferry Road is being designed and
coordinated with this project which will result in an intersection more compatible with the neighborhood.
THEREFORE, RESOLVED by the Council of the Town of Leesburg, as follows:
SECTION I. The preliminary design for the Edwards Ferry Road sidewalk and road improvements
project including the intersection of Catoctin Circle extended to Edwards Ferry Road is generally acceptable
to the Town Council.
SECTION II. The town staff should proceed with the final design of this project using a 10 foot west
bound travel lane which places the face of the proposed curb 12 feet from the centerline of the pavement.
SECTION III. The town staff should proceed with the final design of this project using a 12 foot curb
radius for curb returns at street intersections.
SECTION IV. The sidewalk should be constructed of brick.
94-159 - RESOLUTION - WAIVING FEES FOR ECHO, INC., FOR THE U,~i:: t31e IDA LEE PARK .A_ND
APPROPRIATING FUNDS TO THE PARKS AND RECREATION DEPARTMENT
WHEREAS, ECHO, Inc., has requested the use of Ida Lee park to conduct an outside concert as a
fund-raising event; and
WHEREAS, the fee for the use of the park for this type of activity is ten percent of proceeds received
from the event; and
WHEREAS, ECHO, Inc., has requested a waiver of this fee:
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25O
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Town Council hereby waives the park use fee of ten percent for the concert.
SECTION II. The ten percent use fee, when determined, is hereby appropriated form the
unappropriated fund balance to the Parks and Recreation Department.
SECTION III. ECHO, Inc., is required to pay all other fees required by the Town for this event.
94-160 - RESOLUTION - AUTHORIZING A CONTRIBUTION TO THE LOUDOUN ARTS COUNCIL
INCORPORATED
WHEREAS, a $5,000 contribution to the Loudoun Arts Council, Inc., was budgeted for FY 1995; and
WHEREAS, the Loudoun Arts Council, Inc., submitted a request for ton contributions on June 13
1994; and
WHEREAS, this request was reviewed and approved by the Finance Committee on July 19, 1994.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A $5,000 contribution is hereby made to the Loudoun Arts Council, Inc., for FY 1995.
94-161 - RESOLUTION - MAKING THE LIBRARY AIDE POSITION A FULL-TIME EMPLOYEE AND
AUTHORIZING AN APPROPRIATION TO THE THOMAS BALCH LIBRARY
WHEREAS, the Town assumed responsibility for the operation of the Thomas Balch Library on July
1, 1994; and
WHEREAS, by making the Library Aide a full-time position, the Balch Library operating hours can
be increased from 20 to 25; and
WHEREAS, the part-time position of Library Aide was established at 30 hours per week at annual
salary of $15,194 to assist with library operations; and
WHEREAS, the annual salary for a full-time Library Aide is $18,233 plus benefits, including health
insurance of $6,382 for a total of $24,615; and
WHEREAS, the funding difference between full-time and part-time status for the Library Aide
position is $9,421;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Thomas Balch Library operating hours are increased from 20 to 25 hours.
SECTION II. The Library Aide position is increased from part-time to full-time status.
SECTION III, The total of $9,421 is hereby appropriated from the unappropriated fund balance to
the Thomas Balch Library.
94-162 - A RESOLUTION: AWARDING CONTRACTS FOR THE FY 1995 STREET MAINTENANCE
PROGRAM
WHEREAS, sealed bids were received for the FY 1995 Annual Street Resurfacing Contract, Annual
Street Pavement Milling Contract, and Annual Street Concrete Repair contract, which constitute the FY 1995
Street Maintenance Program; and
WHEREAS, the lowest responsive and responsible bidders for the contracts are as follows:
Anaual Street Resurfacing Contract - The Lane Construction Corporation Annual Street Pavement Milling
Contract - The Lane Construction Corporation Annual Street Concrete Repair Contract - Gull Corporation
WHEREAS, the Director of Engineering and Public Works recommends award of the contracts to
the lowest responsive and responsible bidders.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is authorized to execute a contract with The Lane Construction
Corporation for street resurfacing in accordance with the bid documents and specifications, at the unit prices
of $26.00 per ton for 1.5" SM-2A asphaltic concrete overlay to be constructed on collector streets, and $29.50
per ton for 1.0" SM-1 asphaltic concrete overlay to be constructed on local residential streets.
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SECTION II. The Town Manager is authorized to execute a contract with The Lane Construction
Corporation for street pavement milling in accordance with the bid documents and specifications, at the unit
price of $0.80 per square yard per vertical inch.
SECTION III. The Town Manager is authorized to execute a contract with Gull Corporation for
street concrete repairs in accordance with the bid documents and specifications, at the unit prices of $5.00 per
square foot for the removal and replacement of 4" concrete sidewalk, $28.00 per lineal foot for the removal
and replacement of concrete curb and gutter, $510.00 each for the removal of concrete curb, gutter, and
sidewalk and replacement with a ramp for the mobility impaired, and $6.60 per square foot for the removal
and replacement of 6' concrete apron.
SECTION IV. The total coordinated expenditure for the street maintenance contracts shall not
exceed $260,000.00
94-163 - A RESOLUTION: AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE
WHEREAS, the town assumed responsibility for the operation of the Thomas Balch Library on July
1, 1994; and
WHEREAS, by making the Library Aide a full-time position, the Balch Library operating hours can
be increased from 25 to 30; and
WHEREAS, the part-time position of Library Aide was established at 30 hours per week at annual
salary of $15,194 to assist with library operations; and
WHEREAS, the annual salary for a full-time Library Aide is $17,134 plus benefits, including health
insurance of $5,997 for a total of $23,131; and
WHEREAS, the funding difference between full-time and part-time status for the Library Aide
position is $7,937.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The positions and number of employees in the town service established for the fiscal
year are amended as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council 1
EXECUTIVE DEPARTMENT
Manager
Deputy Town Manager
Asst. Town Manager for Economic Development
Executive Secretary
Personnel Officer
Public Information Officer
Secretary
FINANCE DEPARTMENT
Director of Finance
Asst. Director of Finance
Accounting Clerk III
Accounting Clerk I
Systems Technician
Finance Technician
Clerk Typist
POLICE DEPARTMENT
Chief of Police
Captain
Lieutenant
Sergeant
Corporal
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RESOLUTION:
AWARDING CONTRACTS FOR THE FY 1995 STREET MAINTENANCE
PROGRAM
Police Officer 1st Class
Police Officer
Administrative Secretary
Secretary
Parking Control Officer
Data Entry Clerk
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Engineer II - Transportation
Administrative Secretary
ENGINEERING AND INSPECTIONS
Chief of Plan Review
Chief of Operations/Inspections
Engineer II
Contracts Administrator
Senior Inspector
Facility Inspector
STREET MAINTENANCE
Asst. Superintendent
Maintenance Worker II
Maintenance Worker I
Data Entry Clerk P/T
Laborer
EQUIPMENT MAINTENANCE
Superintendent
Heavy Equipment Operator
Mechanic II
Mechanic I
Laborer
PARKING METER AND LOTS
Parking Attendant (part-time)
PLANNING, ZONING AND DEVELOPMENT
Dir. Planning, Zoning & Development
Chief of Current Planning
Chief of Comprehensive Planning
Zoning Administrator
Planner II
Asst. Zoning Administrator
Zoning & Development Assistant
Administrative Secretary
Secretary
PARKS AND RECREATION
Director of Parks and Recreation
Asst. Director of Recreation
Administrative Secretary
Center Coordinator
Recreation Supervisor
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2
6
6
.5
5
1.5
253
Parks Coordinator
Center Supervisor
Aquatics Supervisor
Desk Clerk (2 part-time)
Recreation Attendant (part-time)
Lifeguard (part-time)
Building Supervisor (part-time)
Weight Room Attd.
Groundskeeper
Clerk Typist
LIBRARY
Library Coordinator
Library Aide
1
1
2
3
2.3
8.4
.5
.7
.7
1
UTILITIES
ADMINISTRATION
Director of Utilities
Asst. Director of Utilities
Senior Utility Plant Mechanic
Administrative Secretary
Asst. Utility Plant Mechanic
Capital Projects Representative
Laborer
WATER POLLUTION CONTROL
Superintendent
Asst. Superintendent
Senior Operator
Process Coordinator
Laboratory Coordinator
Operator II
Operator III
Equipment Operator
Operator IV
Laborer
UTILITIES LINES
Superintendent
Asst. Superintendent Maintenance
Asst. Superintendent Construction
Maintenance Worker II
Maintenance Worker I
Meter Technician
Laborer
WATER SUPPLY
Superintendent
Senior Operator
Operator I
Operator II
Operator IV
AIRPORT
Airport Supervisor
Airport Office Manager
Airport Operations/Customer Services Specialist (part-time)
TOTAL PERSONNEL AUTHORIZED
Full-time Equivalent
2
1
.5
178.1
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RESOLUTION:
-10-
AWARDING CONTRACTS FOR THE FY
- PROGRAM
1995 STREET MAINTENANCE
(part-time positions inclusive in total above)
15.1
VOTE
Nay:
Absent:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Atwell
ll.(a),(b)
MORON
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed and adopted.
94-164 A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT EXETER SECTION 12
WHEREAS, Richmond American Homes, Inc., the developer of Exeter Section 12 has completed the
public improvements in accordance with approved plans and town standards, and these have been inspected
and approved with the exception of some minor grading work which will be completed this fall.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from American Motorists Insurance Company in the
amount of $67,851.30 is released, a new security in a form approved by the town attorney for a maintenance
guarantee in the amount of $7,088.75 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.
94-165 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR KINCAID FOREST SECTION 9B
WHEREAS, Council Resolution #94-96, adopted on May 10, 1994, authorized an agreement for
installation of public improvements and approved water and sewer extension permits for Kincaid Forest
Section 9B; and
WHEREAS, the developer, First Potomac Development Company, did not provide a performance
guarantee for the public improvements; and
WHEREAS, the final subdivision plat for Kincaid Forest Section 9B cannot be recorded until the
public improvements are completed and accepted by the Town Council or a performance guarantee
acceptable to the Town Council is provided; and
WHEREAS, the estimated cost to install the public improvements shown on the approved
construction drawings for Kincaid Forest Section 9B has been reduced by the Director of Engineering and
Public Works from $288,784.93 to $58,414.79 based on improvements installed as of July 15, 1994; and
WHEREAS, the developer proposes to provide a corporate surety bond from American Motorists
Insurance Company in the amount $58,414.79 to guarantee the installation of the public improvements shown
on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Section 9B.
RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager shall execute a new contract for installation of public improvements
for the improvements shown on the plans approved by the Director of Engineering and Public Works for
Kincaid Forest Section 9B.
SECTION II. The corporate surety bond in a form approved by the Town Attorney from American
Motorist Insurance Company in the amount of $58,414.79 is approved as security to guarantee installation of
the public improvements shown on plans approved by the Director of Engineering and Public Works for
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m
Kincaid Forest Section 9B.
SECTION III. The contract for installation of public improvements authorized by Resolution #94-
96 will be cancelled after the new contracts and performance guarantee approved in Sections I and II above
are executed and in effect.
VOTE
Nay:
Absent:
Abstain:
ll.(c)
Councilmembers Buttery, Emswiller, Trocino, Umstattck Webb, and Mayor Clem
None
Councilmember Atwell
Councilmember Trocino (11.(b))
Mr. Gahres asked for the Council's direction regarding the inclusion of Disney in the town's advertising
campaign.
Mayor Clem stated if there is concern by the town's legal staff then he has a concern.
Ms. Emswiller stated the LEDC discussed the issue at the last meeting. Mouncey Furgeson has other ads that
can be used. She believes the Disney ads should not be used if there is the slightest bit of concern. She
considers it free advertising and does not support it.
Chuck Thornton stated the subcommittee felt it would have a positive impact.
Deborah Welsh stated she was concerned that there is a chance that Disney would have some possible
concern. She believes it deserves the Council's consideration. Ms. Welsh attempted to contact legal counsel
for Disney but has not received a response yet.
John King stated he would rather be more cautious.
Ms. Umstattd preferred the town not go forward until it is cleared by Disney's attorneys. She wanted
Leesburg to appear as good neighbors.
Mr. Buttery echoed Ms. Umstattd's comments. He stated he would vote against using Disney at this time.
Mr. Webb also agreed with comments made to be cautious.
Ms. Welsh stated she would continue to contact Disney.
Council agreed to go ahead if it is approved by Disney.
Mr. Webb announced with the resignation of Ms. Galloway there is a vacancy on the Planning Commission.
10.(f)
MOTION
On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolution was proposed and adopted.
94-157 - A RESOLUTION: ENDORSING BELL ATLANTIC'S DECISION TO INCLUDE LEESBURG
IN THE NORTHERN VIRGINIA (703) AREA CODE
WHEREAS, Bell Atlantic has announced its intention to retain Leesburg in the 703 area code; and
WHEREAS, town economic development efforts have focused on the town's inclusion in the economic
development benefits of Northern Virginia; and
WHEREAS, eastern Loudoun and the Town of Leesburg form the largest growth corridor in
No..he._ Virginia an,~ !~e largest extension of that marketplace; and
WHEREAS, Leesburg is being directly linked via the Dulles Greenway to Washington I)ulles
International Airport, the fastest growing and fifth largest international gateway in the U.S.; and
WHEREAS, Leesburg and Loudoun County are an integral part of Northern Virginia; and
WHEREAS, businesses locating in Loudoun and Leesburg expect to be conveniently linked by
communication networks to the rest of Northern Virginia; and
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RESOLUTION:
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AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
- GUARANTEE FOR KINCAID FOREST SECTION 9B
WHEREAS, an undue burden is placed on the merchant community with charges associated with
changing stationary and marketing materials; and
WHEREAS, there is a need for all calls to be handled most efficiently to ensure the vitality of the
business community.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town of Leesburg hereby endorses Bell Atlantic's decision to include Leesburg in the 703,
Northern Virginia, area code and requests the endorsement of the Northern Virginia Planning District
Commission (NVPDC) for that decision.
AND BE IT FURTHER RESOLVED that the Town of Leesburg supports the Loudoun County
resolution to keep all of Loudoun County in the 703, Northern Virginia, area code and requests the
endorsement of the NVPDC for Loudoun County's position.
VOTE
Nay:
Absent:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Atwell
MORON
On motion of and duly seconded, the meeting was adjourned at 11:10 p.m.
James E. Clem, Mayor
Clerk of Council
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