HomeMy Public PortalAbout1995_12_12 (2)TOWN COUNCIL MEETING MINUTES OF DECEMBER 12, 1995
A regular meeting of the Leesburg Town Council was held on December 12, 1995, 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 Trocino
SALUTE TO THE FLAG was led by Councilmember Emswiller
ROLL CALL
Councilmembers present
George F. Atwell
J. Frank Buttery, Jr. (arrived approximately 7:50 p.m.)
JeweH M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Director of Parks and Recreation Gary Huff
Parks and Recreation Coordinator John Johnston
Assistant Town Manager for Economic Development John Henry King
Public Information Officer Susan Farmer
Planner Marilee Seigfried
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION:
On motion of Mi'. Webb, seconded by Ms. Emswiller, the regular meeting minutes of November 28, 1995,
and the special meeting minutes of November 21, 1995, December 5, 1995, December 6, 1995 (6:00 p.m.),
and December 6, 1995 (7:00 p.m.) were approved as written.
The special meeting minutes of December 4, 1995 were removed from the agenda by Councilmember
Atwell. This was a roundtable discussion of the LEDC and neither the Mayor nor the Vice-Mayor were
present to call the meeting to order.
VOTE:
Aye: Councilmembers Atwell, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmember Umstattd from the special meeting minutes of November 21, 1995.
Councilmember Trocino from the special meeting minutes of December 5, 1995.
Absent: Councilmember Buttery
CERTIFICATE OF APPRECIATION Councilmember Trocino and Mayor Clem presented a Certificate
of Appreciation to the members of the Loudoun County High School Tree Preservation Project.
Ms. Nancy GuziL a member of the Leesburg Tree Commission, provided additional complimentary
~emark.q on behalf o~f the Tree Commission's efforts and to the individuals receiving the certificate.
PETITIONERS
Parks and Recreation Coordinator Johnston and Bill Neville, with Patton, Harris, Rust & Associates
presented an update on the Skateboard park. This matter was referred to the January 2, 1996 Finance
Committee for further consideration.
Mr. David Heatwole, representing the Transcendental Arts Council, addressed the Council exlu'biting art
work and requesting support from the Town Council for future art events.
Mr. Rocky Allen, a homeowner in the Manors of Leesburg, addressed the Council expressing frustration
with Rivermeade Homes, the developers of the subdivision. He reported on the flooding in his backyard
and the lack of response from Rivermeade Homes. Mr. Allen requested the Town Council take
immediate action against Rivermeade Homes. This matter was referred to the January 2, 1996
Administration and Public Works Committee agenda for further discussion.
Ms. B. J. Webb, representing Mothers Against Drunk Drivers (MADD), addressed the Town Council
paSsing out MADD packages containing red ribbons for display on cars. She reminded the Council and
public of the unnecessary deaths that occurr each year from driving while under the influence. Ms. Webb
urged everyone to have a safe holiday season.
Mr. Randy Collins, the new Director of the Loudoun County Chamber of Commerce, introduced himself
to the Council stating he is looking forward to working with the Town Council.
Mr. Robert Hatrick, owner of Specialty Sports in the Battlefield Shopping Center, expressed his support
of the proposed skate park. He pointed out that in-line skating is the largest growing sport today and
is being considered as a sport of the Olympics.
Mr. Wayne Reynolds, representing the Leesburg United Methodist Church Youth Seminar recently held
at Landsdowne, provided the history of the seminar and an update of the seminar's progress. He
introduced Miss Holly Wagner and Mr. Brian Balthrop who were very instrumental in the seminar's
SUCC4~SS.
PUBLIC HEARING: To consider ISTEA Enhancement Grant applications
Mr. Huff presented the staff report.
Ms. Umstattd expressed concern that the Chancellor Street project has been placed at number 3. She
stated the residents in Country Club have waited many years for some kind of access to the downtown.
Mr. Huff stated it is up to the Town Council to prioritize the projects.
Mr. Buttery asked Mr. Huff to explain the process after tonight.
Mr. Huff stated the resolutions adopted by the Council this evening authorizing these projects are a part
of the application process to VDOT. The deadline is January 31, 1996. After the applications are
submitted, the TCB will make its decision by June. The Town should hear something in June as to
whether the it has been successful in any of these projects.
Mr. Weiss, Chair of the Leesburg Economic Development Commi~ion, addressed the Council providing
a resolution of support from the LEDC. Mr. Weiss explained how the LEDC prioritized the projects
and stated that the LEDC would like to continue its participation in the process.
Ms. Umstattd referred to the priority list and asked how the LEDC balanced thc consideration of what
the town wants to see as far as economic development relative to the feasibility of a cross jurisdictional
project having a better chance of getting funding?
Mr. Weiss stated one of the attractions of the North King Street Trail is that it will connect to the county
trail, Whites Ferry and to the C&O Canal Trail. This was an important consideration.
No public comment was received. The mayor closed the public hearing.
COUNCILMEMBER COMMENTS
Ms. Emswiller stated the December 4, roundtable discussion meeting produced an overwhelming
response. She thanked all who attended. The LEDC hopes to form an advisory committee for the
downtown.
Ms. Emswiller wished everyone a happy and safe holiday.
Mr. Atwell commended Ms. Emswiller for calling the roundtable meeting. He stated there may be a
misconception of some remarks that he made at the meeting about retail space on the first floor in
downtown Leesburg. A couple of people in attendance at this meeting suggested the Town Council
adopt a zoning ordinance that would require first floor space for retail only. Mr. Atwell's comment in
response to that was that if someone can find that it is permi~sible in the Virginia law, he would be happy
to take a look at it. He stated he will not pursue it or place the Council in jeopardy of being guilty of
attempting to downzone. He encouraged anyone in the position, such as landlords and shopkeepers, to
CO -2-
do the best they can to encourage retail space on the first floor.
Mr. Atwell wished everyone a happy and safe holiday.
Mayor Clem asked downtown employers to encourage their employees to refrain from parking their cars
in the key spots in the parking garage.
Mr. Trocino also commended Ms. Emswiller for conducting the roundtable meeting on December 4.
With regard to the proposed skatepark at Ida Lee, Mr. Trocino commended all of the individuals who
have volunteered so much of their time on this project. He stated the skatepark would make a popular
addition to the park.
Mr. Trocino presented Mayor Clem with two lapel pins. One from the American Heart Association and
one from the National League of Cities.
Ms. Umstattd pointed out that the Marshall Home is now on the Internet, Web page and suggested the
Balch Library look into this also. Ms. Umstattd pointed out that WAGE Radio can now accept E-Mail.
Mr. Buttery also commended Ms. Emswiller for conducting the roundtable meeting on December 4.
He encouraged everyone to shop Loudoun County and Leesburg during the holiday season.
Mr. Buttery congratulated Lieutenant Jeff VanGilder on his acceptance to the FBI training academy.
Mr. Buttery congratulated Peter Stephenson on his promotion to Town Manager of Smithfield, Vir~nia.
Mr. Buttery commented on the success of the December I Christmas Tree Lighting Ceremony.
Mr. Webb thanked Mr. Huff and Mr. Johnston for their presentation on the proposed skateboard park.
Mr. Webb commented on the number of children using the town's parking garage for skateboarding
pointing out the danger of doing so.
Mr. Webb announced that this Thursday the Planning Commission will complete the review of the
Comprehensive Town Plan. The plan should be presented to the Town Council late January.
Mr. Webb referred to the property access matter on Route 621, stating the situation has not been
rectified.
Mr. Brown stated there seems to be a mix-up in communication between the tenant, the land owner and
the town staff. Mr. Brown understood there is an agreement with the tenant farmer for ingress and
egress to the property. He will look into this if this is not the case.
MAYOR'S REPORT
Mayor Clem congratulated Mr. Stephenson on his recent appointment as Town Manager of Smithfield,
Virginia.
Mayor Clem thanked Mr. Reynolds for his comments this evening regarding the recent Youth Seminar
held at Landsdowne. He stated the school system was a tremendous contributor to the program and
needs to be recognized.
Ms. Emswiller asked staff to send out a notice regarding the removal of snow from sidewalks in
accordance with the town code.
MANAGER'S REPORT
Mr. Brown highlighted items in the Activity Report.
LEGISI:,ATION: '
lO.(a)
MOTION:
On motion of Mr. Webb,
unanimously adopted.
seconded by Mr. Buttery, the
C~/95 -3-
following ordinance was proposed and
95-0-32 - ORDINANCE - APPROVING REZONING APPLICATION #ZM-147 POTOMAC
STATION PRC (FORMERLY HARPER PARK) TO AMEND THE EXISTING PROFFERS
AND CONCEPT PLAN ESTABLISHED FOR #ZM-134 HARPER PARK PRC BY GOOSE
CREEK COMMUNITIES, L.L.C., TMB SERVICE CORPORATION, AND THE TOWN OF
LEESBURG
WHEREAS, on June 14, 1994, the Town Council approved rezoning application #ZM-134
Harper Park PRC, with proffers; and
WHEREAS, on November 28, 1995, the Town Council and Planning Commission held a joint
public hearing to consider rezoning application #ZM-147 Potomac Station PRC (formerly Harper Park)
to amend the existing proffers and concept plan for #ZM-134 Harper Park PRC; and
WHEREAS, on November 30, 1995, the Planning Commission recommended approval of #ZM-
147 Potomac Station Proffer and Concept Plan Amendment to #ZM-134 Harper Park conditioned upon
the applicant's satisfactory resolution of outstanding School Board concerns; and
WHEREAS, these amendments are necessary to accommodate dedication of the Potomac Station
Middle School site; and
WHEREAS, the request is in the interest of public necessity, convenience, general welfare and
good zoning practice.
THEREFORE, ORDAINED by the Town Council of Leesburg in Vir~nia as follows:
SECTION I: Rezoning application #ZM-147 Potomac Station PRC Proffer and Concept Plan
Amendment by Goose Creek Communities, L.L.C., TMB Service Corporation, and the Town of Leesburg
is hereby approved.
Pursuant to Section 15.1-491 et seq. of the Code of Virginia of 1950, as amended, and Section
13A-12 of the Zoning Ordinance of the Town of Leesburg (the "Town"), Goose Creek Communities, L.L.
C., a Virginia limited liability company, and TMB Service Corporation, a Kansas Corporation, on behalf
of The Mission Bank, together with their successors and assigns (hereinafter collectively referred to as
the "Applicant"), who are the applicants herein and are collectively the owners of approximately 270.15
acres of land described as Tax Map 49, ((3)) Parcels 1, 7A and 7B, and Tax Map 49, Parcels 27D1, 27D2,
27D3, and 37B1 in the Loudoun County tax records (collectively the "Property") and who are seeking
approval by the Town of rezoning of the Property to the PRC Zoning District, together with approval
of a special use for "MC" uses in the Mixed Use Center portion of the project, hereby submit the
following voluntary proffers which supersede aH prior proffers and which are contingent upon Town
approval of aH the above-described actions. Except to the extent the proffers are modified herein, the
pre-existing Proffers dated June 7, 1994, and accepted pursuant to Town Ordinance No. 94-0-21 adopted
June 14, 1994, shah remain in full force and effect.
Permitted Uses and Development Density: When the Town adopts an ordinance
approving the rezoning of the Property to the PRC zoning category and approves a
special use for MC uses in the Mixed Use Center portion of the project, the Property
may be developed with any of the uses described in Section 6A-16(2) of the Town
Zoning Ordinance and, in the Mixed Use Center portion of the Property, any of the "M-
C" uses defined in Section 4F of the Zoning Ordinance as is permissible under Section
6A-16(3) of the Zoning Ordinance. No more than 752 total dwelling units shah be
developed on the Property in the approximate locations set forth on the rezoning plan
attached hereto as Exhibit "A" (hereinafter referred to as "Plan A"), which is
incorporated herein by reference. Up to 466,286 square feet on any of the uses listed
in Section 6A-16(2)C of the Town Zoning Ordinance may be developed on the Mixed
Use Center portion of the Property. At least 400,000 square feet non-residential uses
shah be developed on the Property with the understanding that any governmental or
medical facilities, or other non-habitable structures shah be counted to satisfy the
proffered commitment to develop at least 400,000 square feet of non-residential uses on
the Property. Notwithstanding the foregoing, public school buildings which may be
constructed on the Property will not count towards satisfaction of the 400,000 square foot
construction requirement. The Property shah be developed in accordance with the Town
Zoning and Land Development regulations in effect at the time of approval of ZM-134
and shah be in substantial conformity with Plan A, which shall control the density, use
general layout, and general configuration of the Property, with reasonable allowances to
be made for engineering and design alteration to meet Town zoning, subdivision and land
development regulations. The Applicant reserves the right to locate the types of
residential product illustrated and listed on Plan A in locations other than illustrated in
CO~/~5 -4.
Plan A. The percentage of units developed on the Property may range between 45 to
50% for single-family detached units, between 30 to 35% for single-family attached units,
and between 15 to 20% for multi-family units so long as no more than 752 total dwelling
units are developed on the Property.
Roadway Improvements. In accordance with the Transportation Plan attached as Exhibit
"B" and incorporated herein by reference, as portions of the Property are approved for
a record subdivision plat or a final development plan, the Applicant will dedicate and
construct or bond the portion of the road improvements described below which are
reasonably related to and are located on or are adjacent to such portions of the Property.
As illustrated on Exhibit B and Figure C1, all residential uses illustrated on Plan A may
access East Market Street via the interim Route 653 access shown on Plan A without
construction of any portion of Battlefield Parkway. The proffered roadway improvements
will include acceleration, deceleration, and turn lanes which are required to provide safe
access for development on the Property and will be constructed in accordance with Town
and VDOT roadway standards. Except as herein provided, all roadway improvements
described in this Proffer Two will be constructed on land dedicated in fee simple by the
Applicant without compensation and will be free of all liens and encumbrances.
ao
Prior to issuance of the first zoning permit for any non-residential uses on MXD
Parcel B, the Applicant will dedicate on hundred twenty (120) feet of right-of-
way between Stone House Drive and Fort Evans Road as illustrated on Plan A
and sixty (60) feet of fight-of-way between East Market Street and Stone House
Drive as illustrated on Plan A, and will bond or construct the eastern two lanes
of a four lane divided roadway in a sixty (60) foot fight-of-way for Battlefield
Parkway from East Market Street to and including its intersection with Stone
House Drive in the approximate location shown on the Transportation Plan.
Prior to issuance of the first zoning permit for any non-residential uses on MXD
Parcel A, the Applicant will bond or construct four lanes of a four land divided
roadway in a one hundred twenty (120) foot right-of-way for Battlefield Parkway
from the Stone House Drive intersection to Fort Evans Road in the approximate
location show on the Transportation Plan. In the event that MXD Parcel A is
developed with any residential uses, then prior to approval of the first record plat
or final development plan for such portion of MXD Parcel A, the Applicant will
dedicate the eastern sixty (60) feet of right of way for Battlefield Parkway from
Stone House Drive to Fort Evans Road, and will bond or construct the eastern
two lanes of such portion of Battlefield Parkway. Prior to approval of the first
record plat for Townhouse Parcel A, the Applicant will dedicate the western sixty
(60) feet of right-of-way for Battlefield Parkway from Stone House Drive to Fort
Evans Road and will bond or construct the western two lanes of such portion of
Battlefield Parkway. Prior to issuance of a zoning permit for any non-residential
uses on the Mixed Use Center portion of the Property, the Applicant will bond
or construct improvements at the PrOposed intersection of East Market Street
with Battlefield Parkway as generally shown on Exhibit B and Figure C2 attached
hereto which will conform to VDOT and Town requirements and will include a
new median crossover on Route 7, eastbound and westbound through lanes at
such intersection, separate turn lanes to access the Property, and signalization
when warranted by VDOT and the Town due to development of the Mixed Use
Center portion of the Property. No direct access to Battlefield Parkway will be
permitted from any portion of the Mixed Use Center or Townhouse Parcel A.
Prior to approval of the first record plat for a particular development parcel
illustrated on Plan A, the Applicant will bond or construct the portion of the
roadway improvements located on or contiguous to such development parcel
which will include the following: (i) two travel lanes in a 70 foot wide right-of-
way and necessary turn lanes at intersections, which shall be designed to Town
specifications, for the portions of Stone House Drive from Route 653 Extended
to the Keystone Drive entry to the Twin Lakes property (Parcel 27A, TM 49) as
shown on Exhibit B; (ii) four lanes of a four lane divided roadway in a 90 foot
dedicated right-of-way for Stone House Drive from the Twin Lakes entrance
across the Twin Lakes property in the approximate location shown on that
certain approved preliminary development plan by Kamber Engineering dated
December 8, 1988, to Battlefield Parkway; and (iii) the northern half section of
a four lane divided roadway in a 90 foot dedicated right of way (45 feet of which
is to be dedicated by the Applicant) for Stone House Drive from Battlefield
Parkway west to the western edge of the Property. The alignment of Stone
House Drive illustrated on Plan A is approximately shown and may be shifted
CO.l,gt~/95 -5-
at the time of preliminary subdivision or development plan approval by the Town
north or south of the drainage channel which traverses the Property.
Co
Prior to approval of the first record plat for residential units on development
parcels A, B, or C illustrated on Plan A, the Applicant: (i) shah bond or
construct four lanes of a four lane divided roadway in a 120 foot dedicated right-
of-way for the portion of Route 653 from the northern edge of the right-of-way
of East Market Street, north to Stone House Drive; (ii) shall conduct a
preliminary design study, which shall be without cost to the Town and which shall
utiliT~e a standard engineering methodology acceptable to the Town and VDOT,
to analyze the amount of land required for construction of the northwest
quadrant of the Route 653 and East Market Street Interchange in the
approximate location shown on Plan A; (iii) shah dedicate up to seven (7) acres
of such portion of the Property to the Town, County or VDOT for construction
by others of such portion of the interchange, which shah include any slopes
necessary for access ramp construction and easements necessary for maintenance
and construction; (iv) shall dedicate one hundred twenty (120) feet of right-of-
way from East Market Street to Stone House Drive as approximately shown on
Plan A for construction by others of a ramp and bridge for proposed Route 653
across East Market Street, and (v) shah bond or construct improvements to the
existing Route 653/Route 7 intersection which shah conform to VDOT
requirements, and which shah include a right turn lane from westbound Route
7 to northbound Route 653, an extension of the existing east bound left turn lane
from eastbound Route 7 to northbound Route 653, an extension of the Route
7 eastbound right turn lane for through traffic with lane transition at the existing
golf course entrance, a separate Route 7 westbound through lane at the existing
traffic signal, and signal modifications warranted by VDOT for the Route
653/East Market Street intersection.
do
Prior to approval of the first record plat for development upon an adjacent
development parcel as illustrated on Plan A, the Applicant will dedicate without
compensation forty-five (45) feet of right-of-way for the southern half section of
a four lane divided roadway for Fort Evans Road along adjacent portions of the
Property from Battlefield Parkway east to the eastern property line and will bond
or construct the southern two lanes of a four lane divided roadway in a forty-five
(45) foot right-of-way of Route 773, Fort Evans Road, along adjacent portions
of the Property from Battlefield Parkway to the eastern edge of MXD Parcel A.
Prior to approval of the first record plat for development upon adjacent portions
of the Property located west of Battlefield Parkway, the Applicant will dedicate
without compensation thirty-five (35) feet of right-of-way for the southern two
lanes of a four lane undivided roadway for Fort Evans Road, will bond or
construct the southern two lanes of a four lane undivided roadway in a thirty-five
(35) foot right-of-way of Route 773, Fort Evans Road, from Battlefield Parkway
west to the western edge of the Property, and will dedicate additional right-of-
way and pavement for construction of a transition from a divided to an undivided
roadway for the portion of Route 773 that is west of Battlefield Parkway.
eo
Prior to approval of a final development plan for MXD Parcel B, the Applicant:
(i) will analyze the distance between the proposed Stone House/Battlefield
Parkway intersection and the proposed East Market Street/Battlefield Parkway
intersection to determine whether safe traffic weaving movements on Battlefield
Parkway may be made between such intersections; (ii) will conduct a preliminary
design study at no cost to the Town to analyze the amount of Property required
for construction by others of the northeast quadrant of the Battlefield Parkway
and East Market Street Interchange in the approximate location shown on Plan
A; and (iii) will dedicate without compensation up to eight (8) acres of such
portion of the Property to the Town or VDOT for construction by others of such
portion of the interchange, which shall include any slopes and easements
necessary for access ramp construction and maintenance.
As warranted by VDOT or the Town due to development on the Property, the
Applicant will bond or construct traffic signalization for the following
intersections:
Route 7 and Route 653;
Route 653 and Stone House Drive;
Route 7. and Battlefield Parkway
co
Battlefield Parkway and Stone House Drive;
Fifty percent of the signal at Fort Evans Road and Battlefield
Parkway; and
Other intersections along Stone House Drive when such signalization
is warranted due to development on the Property.
Upon record plat approval for adjacent portions of the Property, the Applicant
will, without receipt of any compensation, relinquish any rights to directly access
East Market Street from the Property.
Approximately 1.5 acres of the School Site described below in Proffer 5 shah be
reserved by the Town after dedication of the School Site by the Applicant for
future public ingress and egress to and from the Carradoc HaH and Hamblet
properties across the Twin Lakes property to East Market Street. Said
approximate 1.5 acres shah consist of the southern most 150 feet portion of the
School Site which is adjacent to East Market Street and is located between the
Twin Lakes property and the Carradoc Hall property.
Transportation Improvement Fund. The Applicant agrees to contribute up to NINE
HUNDRED TWENTY-ONE THOUSAND TWENTY DOLLARS ($921,020.00) based
on a projection of seven hundred fifty-two (752) residential units illustrated on Plan A
under the terms and conditions stated hereinafter, as its pro-rata share toward the
construction of regional transportation improvements supporting such residential uses on
the Property. Subject to the limitations set forth below, this donation shah be in the
form of non-refundable cash contributions or bonded commitments, which shah be paid
into an account established by the Town (hereinafter "Transportation Improvement
Fund") for the purpose of financing construction of regional transportation
improvements. The Applicant shah make such payments to the Town immediately prior
to issuance of each zoning permit in the amount of One Thousand Five Hundred Forty
Dollars ($1,540.00) for every single family detached home, Nine Hundred Thirty-Nine
Dollars ($939.00) for every single family attached home, and Eight Hundred One Dollars
($801.00) for every multi-family unit constructed on the Property. The Applicant agrees
to contribute up to Eight Hundred Forty-Seven Thousand Ninety-Four Dollars
($847,094.00) (based on a projection of 266,286 gross square feet of office uses at $1.679
per gross square foot and 200,000 gross square feet of retail uses at $2.00 per gross
square foot), under the terms and conditions stated hereinafter, as its pro-rata share
toward the construction of regional transportation improvements supporting such
commercial and office uses on the Property. Subject to the limitations set forth below,
this donation shah be in the form of non-refundable cash contributions or bonded
commitments, which shah be paid into the Transportation Improvement Fund. The
Applicant shah make such payments to the Town immediately prior to issuance of such
zoning permit for the individual buildings actually constructed on the Property.
Notwithstanding the above, no payments under this paragraph shah be required for any
buildings to be devoted to uses such as non-profit or HOA-owned buildings, non-profit
health care buildings, or any form or kind of governmental facility.
4
Credits Toward the Transportation Improvement Fund. In the event the Applicant
dedicates land or constructs or causes to construct regional transportation improvements,
then to the extent of the value of such land or the improvements or monies so provided,
there shah be given a direct dollar for dollar credit against contributions made to the
Transportation Improvement Fund. The cost of the regional transportation
improvements shah include: dedicated land, governmental permit fees, bonding costs,
construction costs and utility construction or relocation costs. In the event the Applicant
makes the contributions required above by bonded commitments and then constructs the
regional transportation improvement itself; the aforesaid bonded commitments shah be
released or not renewed as appropriate so long as the monies secured by thc bonded
commitments are expended toward regional transportation improvements. Contributions
of real property shah be valued at Two Dollars ($2.00) per gross square foot and shah
be first credited toward satisfaction of the obligations for contributions proffered for the
residential units described above in Paragraph Three. The following improvements shah
be credited towards satisfaction of the Applicant's Transportation Improvement Fund
obligations:
ao
The cost of construction and the value of the underlying right-of-way for the
western half section of Battlefield Parkway from Stone House Drive to Fort
Evans Road.
CO 2,-lq~/95 -7-
The value of the underlying fight-of-way for the southern half section of Fort
Evans Road from Mixed Use Center Parcel A to the eastern edge of the
Property.
The cost of construction and the value of the underlying right-of-way for the
eastern half section of Route 653 from East Market Street to Stone House Drive
to the extent it is located in the ultimate right-of-way for Route 653 Extended
and for the value of the right, of-way for the ultimate alignment of Route 653
Extended as illustrated on Plan A, to the extent it is located outside of the
interchange dedication area.
The value of the right-of-way for the interchange dedication for the northwest
quadrant of the Route 653/7 grade-separated interchange and for the northeast
quadrant of the Battlefield Parkway/7 grade separated interchange.
School Site. Upon dedication of the right-of-way described above in Proffer 2.c.(i) or
January 1, 1996, whichever occurs first, the Applicant will dedicate to the Town for non-
proprietary public education purposes, in the approximate location shown on Plan A,
thirty-five acres of the Property in the approximate location shown on Plan A, together
with necessary utility easements in locations acceptable to the School Board, the Town,
and the Applicant, and a forty-foot (40) wide relocatable temporary ingress and egress
easement within the proposed Stone House right-of-way as approximately shown on Plan
A from such site to the portion of Route 653 as described in Proffer 2.c.(i) (the "School
Site") and 120 feet of right-of-way for the portion of Route 653 located in Loudoun
County from Stone House Drive north to Fort Evans Road. Approximately 1.5 acres of
the School Site shall be reserved for public access as provided above in Proffer 2.h. Five
(5) acres of such portion of the Property shall be credited by the County of Loudoun
(the "Countyn) in County rezoning ZMAP 1992-0001 towards satisfaction of County
capital facility requirements at a value which is at least equal to the per acre value of the
capital facility credit granted in ZMAP 89-15, River Creek for dedication of the Town's
Water Treatment Facility land. In addition the Town will credit five (5) additional acres
of the Property toward satisfaction of the public recreation site requirements of Section
6A-16(6) of the Town Zoning Ordinance. The School Site shall be dedicated and
developed as follows:
The Applicant shall dedicate the School Site for public educational purposes
together with utility easements necessary for occupancy of a school on the School
Site in locations that are acceptable to the School Board, the Town and the
Applicant and a minimum forty-foot (40) wide relocatable temporary ingress and
egress easement from Route 653 extended west to the depicted main School Site
entrance on Stone House Drive, at the time of dedication of the roadway
improvements described above in Proffer 2.c.(i) or January 1, 1996, whichever
shall first occur. The relocatable easement shall only be relocated with the
mutual consent of the School Board and the Applicant. The temporary
easement shall terminate once the segment of Stone House Drive which is
adjacent to the Public School site is dedicated. Not later than May 1, 1996, the
Applicant shah design and construct an all weather gravel surface construction
road which shah be consistent with the width and design specifications as set
forth on Exhibit C attached hereto. The design and construction of the above-
described aH-weather road shah provide for subgrade preparation in accordance
with the Town standards for public street construction, as certified by the
Applicant's geotechnical engineer. Unless otherwise consented to by the Town,
this temporary access road shah be removed by the Applicant at the time of
construction of the ultimate section of Stone House Drive.
bo
Primary access to the main School Site entrance via Stone House Drive as
depicted on Plan A shall be provided at the location generally depicted on Plan
A and secondary access shall be provided by a two lane subdivision street
traversing development Parcel B located east of the School Site. Throughout the
construction of Stone House Drive, the Applicant shall provide continuous
vehicular access to the depicted main School Site entrance over an all weather
surface.
Ce
Unless constructed by others, the Applicant shall construct or bond for
construction an extension of a sanitary sewer line and a water line to the
property line of the School Site at the time of construction of such lines within
adjacent portions of the Property. All sanitary sewer and water mains on the
o
Property shall be sized and constructed in accordance with applicable Town
standards and specifications for the uses proposed. After submission of any such
casement to thc School Board staff in accordance with subparagraph (e) below,
thc Applicant may locate any public sewer and water casements required to be
located within the School Site near the perimeter portions of the School Site or
on portions of the School Site which are outside of any building envelope
provided they meet Town standards.
With the exception of non-point sheet flow runoff from Stone House Drive to
the existing drainage channel which traverses the Property, stormwater runoff
from the Property will not be discharged onto the School Site without specific
approval by the Town or the Loudoun County School Board. The Applicant
shall, at no cost to the Town or the School Board, grant to the School Board
such off-site temporary easements as may be necessary for stormwater
management and control until such time as the permanent stormwater facilities
contemplated by these Proffers have been constructed by the Applicant and
approved by the Town. The Applicant shall, at no cost to the Town or the
School Board, design the permanent stormwater detention facilities for the
Property so that such facilities shall detain the volume of stormwater run-off
from the School Site. Upon such construction and approval, such off-site
temporary storm drainage easements shall be abandoned by thc School Board.
Unless consented to by the Loudoun County School Board, the School Site shall
be excluded from the application of any restrictive covenants established in
connection with the Property. Prior to conveyance to the Town of the School
Site, the Applicant shall submit to the staff of the School Board, for its review
and approval, any proposed easement to be located within any portion of the
School Site. In the event that comments relative to any such easement(s) have
not been received within sixty (60) days of submittal, the request for approval of
the proposed easement shall be deemed approved as submitted.
Fire and Rescue Facilities. Prior to obtaining each zoning permit for individual
residential dwelling units constructed on the property, the Applicant will pay the Town
the sum of ONE HUNDRED DOLLARS ($100.00) per residential unit constructed on
the Property as a non-refundable cash donation for the benefit of fire and rescue
facilities providing service to the Property, which monies will be paid by the Town to
fund fire and rescue services. Prior to obtaining each zoning permit for individual
commercial and office buildings constructed on the Property, the Applicant will pay the
Town the sum of TEN CENTS ($0.10) per net square foot of commercial and office
development construction on the Property as a non-refundable cash donation for the
benefit of fire and rescue facilities providing service to the Property, which monies will
be paid by the Town to fund the capital costs of fire and rescue services.
Notwithstanding the above, no payments under this paragraph shall be required for any
buildings to be devoted to uses such as non-profit or HOA-owned recreational buildings,
non-profit day care facilities, non-profit health care, or governmental service facilities.
The amount of such contributions shall be adjusted annually upward from the date of
final rezoning approval in accordance with the Consumer Price Index, with 1994 as the
Base Year.
Sewer Easements. Upon request by the Town, the Applicant will dedicate to the Town
without compensation and free of any liens: (a) a temporary I00 foot by 100 foot
construction easement at the southwest corner of the Property adjacent to the Hamlet
property (See Attachment 1); and Co) a twenty (20) foot wide temporary construction
easement and a thirty (30) foot wide permanent easement for construction and
maintenance by others of a sewer outfall line adjacent to the dedicated Route 7 right-of-
way, along the future northwest Route 653/7 interchange dedication, and over portions
of the Applicant's Property located in Loudoun County within the western edge of the
VEPCO easement, all of which is illustrated on Attachment I attached hereto. Upon
request by the Town, the Applicant will dedicate to the Town, without compensation and
fr~e of any liens a twenty (20) foot wide temporary construction easement and a thirty
(30) foot wide permanent easement for construction, operation and maintenance by the
Town of a sanitary sewer line adjacent to Stone House Drive and the perimeter of the
public Facility Site as illustrated on Plan A.
Recreation, Open Space and Environmental Facilities. As adjacent portions of the
Property are submitted by the Applicant for preliminary subdivision plan approval, the
Applicant will prepare a study of the stream bed and abutting drainage swale which
CO-14/28/95 -9-
traverses the portion of the Property to be developed by the Applicant to determine the
actual extent of any floodplain which may exist on such portion of the Property and any
wetland areas located on the Property. Upon request, the Applicant will dedicate to the
Town or the County the Stone Harper House for relocation by others to another location
suitable to the Town or the County. In lieu of construction of sidewalks along such
portions of the roadway, at the time of construction of the portion of Stone House Drive
from Route 653 to the entrance to Twin Lakes as approximately shown on Plan A, the
Applicant will construct an eight (8) foot wide macadam trail in a ten (10) foot wide
easement along the south side portion of Stone House Drive and will dedicate such
easement and trail to the Town for public pedestrian and bicycle access. In addition to
such on-site recreational facilities, prior to issuance of a zoning permit for each dwelling
unit constructed on the Property, the Applicant will contribute One Hundred Dollars
($100.00) to the Town for the purchase of recreational equipment for Ida Lee park or
for construction of an eight (8) foot wide macadam trail in a ten (10) foot wide easement
on Townhouse Parcel A along the western portion of Battlefield Parkway and along the
south side portion of Stone House Drive from the entrance to Twin Lakes to Battlefield
Parkway. Any such trail construction shall be in lieu of a sidewalk along the west side
of Battlefield Parkway and along the south side portion of Stone House Drive.
Sewer and Water Service. The Applicant will provide water service for the Property
from the existing water line located in Fort Evans Road. In the event that the Applicant
constructs a water line which is designed to provide water service for properties in
addition to the Property, the Town will assist the Applicant in seeking reimbursement
by other users of the water line. In the event that prior to issuance of zoning permits for
the Property a sewer line providing adequate service for the Property has not been
constructed by others, the Applicant will construct a sewer line for development located
on the Property to the Town sewer treatment facility which shall conform to the Town's
master plan for utilities unless the plan is amended to reflect the Applicant's revised
sewer line. In the event that the Applicant constructs such a sewer line and the line
includes capacity in excess of that required for development located on the Property, the
Applicant will initiate and the Town will support a proportionate reimbursement by users
of any such excess capacity. The execution and acceptance of these proffers does not
imply that adequate sewer capacity in the Town sewer treatment facility will be available
for dwellings or buildings constructed on the Property. In the event that a sewer line
which provides adequate service for the Property is constructed by the Town, the
Applicant will pay its pro-rata share of the cost of construction of such facilities at the
time of issuance of zoning permits for structures to be constructed on the Property.
Nothing herein shall be interpreted to obligate the Applicant to reimburse the Town for
the School Site pro-rata cost of providing sewer service. In the event that a water line
is constructed by the Town to service the School Site and such water line provides
adequate service for the residential portions of the Property, the Applicant will pay its
pro-rata share of the cost of construction of such facility at the time of issuance of the
first residential zoning permit.
10.
Site Development Details. The side yards for single-family detached homes shall be at
least five (5) feet or eight (8) feet wide so long as at least sixteen (16) feet is maintained
between single family detached homes. As non-residential portions of the Property are
approved for a final development plan or a preliminary subdivision plan, the Applicant
will submit the architectural details (e.g., facade treatment, typical building types and roof
lines, and proposed building materials) to the Town Planning Commission for consistency
review with the H-2 Corridor Design Guidelines.
11.
Special Use Permits. In accordance with Sections 6A-16(3) of the Leesburg Zoning
Ordinance, the acceptance of these proffers is conditioned upon Town approval of a
special use permit for MC uses, as defined in Section 4F of the Leesburg Zoning
Ordinance for the Mixed Use Center portion of the Property.
12.
Definitions. Wherever "bond' is used herein it shall mean the type of security required
by the Town as described in Section 15.1-466(0 of the Code of Virginia. Wherever
"d'edteafon' is used, it shall mean "convey by a good and proper deed and fee simple title
to the land or easement to the Town of Leesburg, flee and clear of any defects in title,
liens or encumbrances'.
13.
Proffer Amendments. The Property is the composite of seven tax map parcels, each of
which is subject to these proffers. Tax Map 49, ((3)) Parcels 7A and 7B includes the
Mixed Use Center which may be developed separately from Tax Map 49, Parcels 1,
27D1, 27D2, 27D3, and 37B1. In the event that these proffers are amended, an
CO/?~/~995 -10-
amendment for Tax Map 49 Parcel ((3)) 7A and 7B may be processed separately fi-om
the remainder of the Property and without the consent of the owners of the remainder
of the Property.
SECTION II. Concept plan approval does not express or imply any waiver or modification to
any requirements of the Design and Construction Standards Manual, Subdivision and Land Development
Regulations or Zoning Ordinance except as specifically cited herein.
SECTION III. This ordinance shall be effective upon its passage.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
MOTION:
On motion of Mr. Webb, seconded by Mr. Buttery, the following ordinance was proposed and
unanimously adopted as amended by Councilmember Umstattd.
95-0-33 - ORDINANCE - AMENDING ARTICLE 26, CHAPTER 12.1-63. DRUG FREE
WORKPLACE OF THE TOWN CODE BY ADOPTING A DRUG AND ALCOHOL
TESTING PROGRAM
WHEREAS, The Omnibus Transportation Employee Testing Act of 1991 requires that the Town
of Leesburg adopt and implement policies for the testing of employees who hold or are offered a position
that requires a Commercial Driver's License and/or a safety sensitive position will be tested for drugs and
alcohol by January 1, 1996.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Sec. 12.1-63. Drug Free Workplace.
L~ The Town of Leesburg prohibits the unlawful manufacture, distribution, dispensing
possession or use of a controlled substance during working hours or on town property.
Town employees are also prohibited fi-om reporting to work under the influence of alcohol or
controlled substances. In the event either prohibition is violated, the employee is subject to disciplinary
action up to and including dismissal under Article 1! of the Personnel Manual.
An on-going drug fi-ce awareness program is hereby established. With the assistance of the Police
Department, regular meetings will be conducted to inform all employees about:
The dangers of drug abuse in the workplace.'
The town's policy on maintaining a drug fi-ee workplace including penalties for
violating town policy.
Available drug counseling and rehabilitation in the area.
Each current employee and all subsequent town employees will be provided copies of the drug
free workplace policy. Each current employee and all subsequent employees must notify the town in
writing of any criminal drug conviction no later than five (5) calendar days after such conviction. Failure
to so notify the town may result in disciplinary action.
Co) Drug and Alcohol Testinl., Prom'am.
It is the policy of the Town of Leesburg that all town government work sites shall be maintained
as a drug-free, alcohol-free workplace.
No employee shall unlawfully manufacture, distribute, dispense, possess, or use on or in the
WorkplaCe any nai'cotic dru~, hallucinogenic drug, amphetamine, barbiturate, mariiuana, or any other
controlled substance, as defined in schedules I through V of Section 202 of the Controlled Substances
Act (21 U.S.C. Sec.812) and as further defined by Federal regulation at 21 CFR Sec. 1300.11 - 1300.15.
"Workplace" is defined to mean any site for the performance of work by the employee, including,
but not limited to any town building or premise; and town-owned vehicle; and building or premi~ used
by the town for town business; and any non-town property during any town-sponsored or town approved
activity, event or function. "Workplace" also includes all town-owned property such as~ but not limited
to offices, desks, lockers, safes, file cabinets, tool boxes, etc.
As a condition of employment, all employees shall notify his or her supervisor of his or her
conviction of any criminal drug statute no later than 5 days after such conviction.
As a condition of employment, all employees shall abide by the terms of this town policy and
regulations respecting a drug-free workplace.
All town work sites and all town-owned property are subject to drug detection inspection at the
discretion of the town manager.
The possession and/or consumption of illegal drugs or alcoholic beverages in the workplace is
prohibited.
Violation of this policy and regulations will result in appropriate discip!f~ary action up to and
including termination.
Ail employees will be required to sign that they have received this policy.
Drug and Alcohol Testing,
Drug and/or alcohol tests may be required in the following cases:
Where an applicant for a town position critical to the safety and security of employees
or citizens has been given a conditional offer of employment, subject to passage of a dru~
test;
Where an employee in a town position critical to the safety and security of employees
or citizens has been selected for a random drug test by a computer-based program;
Where there is reasonable suspicion that any town employee, regardless of position, is
under the influence of illegal drugs or alcohol at the workplace; or
Where a town employee, regardless of position, has been authorized to return to work
at the recommendation of the town's Medical Review Officer and the Manager of
Personnel after testing positive for drug or alcohol use and offering assistance for
rehabilitation; testing may occur on an unannounced basis for 18 months after the
employee returns to work.
As required by the Omnibus Transportation Employee Testing Act of 1991, Regulations
of the Federal Highway Administration ~49 CFR, Parts 40 and 382, et.el). All employees
and applicants who hold or are offered a position that requires a Commercial Driver's
License (.CDL) or safety sensitive position as a condition of employment and continued
employment will be tested for dru~s and alcohol under the following conditions:
pre-employment
random
post-accident
reasonable suspicion
return to work after testing positive and follow-up
A refusal to immediately submit to a drug test when required under the circumstances above or a verified
finding of alcohol or illegal drug use may result in withdrawal of a conditional offer of employment or
disciplinary action up to and including termination. The list of town positions determined to be critical
to the safety and security of employees or citizens for purposes of this policy are: all street maintenance
employees, all equipment maintenance employees, meter technician, heavy equipment operators, all
utilities department employees, aquatic recreation program supervisors, lifeguards I, II, and III, and
airport manager and supervisors. This list may be periodically revised by the Town Manager or Personnel
Manager.
Test Procedures in General
The adminiatration of the Dru~ & Alcohol Testing Program will be in accordance with the Department
of Transportation Regulations, Federal Highway Administration and the Drug-Free Workplace Act of
1986. An Evidential Breath Testing device operated by a trained Breath Alcohol Technician will be used
to test for presence of alcohol. Urinalysis will be used for the detection of controlled substances. All
employees tested will be required to sign an authorization and consent form releasing the information
CO ~5 -12-
to the employer. The testing of the sample will be performed by a laboratory approved by the National
Institute on Drug Abuse (NIDA), including a NIDA panel screening with gas chromatography/mass
spectrometry (GCIMS) confirmation on aH positive tests. The panel includes screening for
amphetamines, marijuana, cocaine, opium, and phencyciidine (PCP). The cutofflevel for each substance
tested for, both drugs and alcohol, will be consistent with those currently recommended by the
Department of Transportation guidelines. The cost for all drug tests ordered will be borne by the town.
Any employee subject to testing under this plan will be permitted to provide urine specimens in a manner
such that the employee is not observed while actually providing the specimen, unless there is reason to
believe that the employee has altered or substituted the urine specimen provided.
Failure to appear for testing without prior notice acceptable to thc town will be considered refusal to
participate in the testing and will subject the employee to the full range of disciplinary action, including
dismissal; or in the case of an applicant, the rescinding of a conditional offer of employment.
When a confirmed positive test result for dru~s has been returned by the laboratory, the tested employee
will be given an opportunity to provide to the Medical Review Officer appropriate and corroborated
information to demonstrate the confirmed positive test is from a legally prescribed medication or other
ingestion. Evidence to justify a positive test result may include, but is not limited to:
A valid prescription; or
A verification from the individual's physician verifying a valid prescription.
If the Medical Review Officer determines there is a lack of le_~itimate reason for the positive result, the
result will then be considered a verified positive test result. The Medical Review Officer will timely and
confidentially notify the Personnel Manager in writing of the verified positive test result. If the test results
are positive the employee must be evaluated by a Substance Abuse Professional. A Return-to-Duty test
must be conducted prior to returning to the job. The employee will be subject to a minimum of six
unannounced follow-up drug tests in the first 12 months. The employee may submit a written request
for a retest of the original specimen within 72 hours of being notified by the Medical Review Officer.
The retest will be at the employee's expense if it is positive.
The laboratory may disclose laboratory test results only to the Medical Review Officer. Any positive
result which the Medical Review Officer iustifies by acceptable and appropriate medical or scientific
documentation will be treated as a negative test result and may not be released for purposes of
identifying drug use/misuse.
If the results of the employee's alcohol test indicate a blood alcohol concentration of .02 or greater, but
!ess than .04, the omployee will be suspended without pay and shah not be permitted to perform the
duties of a position that requires a CDL for at least 24 hours and a retest that indicates a blood alcohol
level (BAL) of less than .02. If the concentration is greater than .04 the test is considered a positive
result and the employee must be evaluated by a Substance Abuse Professional. Return-to-Duty tests
must be conducted prior to returning to the iob. The employee will be subject to a minimum of six
unannounced follow-up alcohol tests in the first 12 months. All positive tests will be confirmed by a
second test. The results of these tests will be reported immediately to the Manager of Personnel.
All drug testing information specifically relating to employees and applicants is confidential and should
be treated as such by anyone authorized to review, such information. In order to implement this orom'am
efficiently and make information readily retrievable, the Personnel Department shah maintain aH records
relating to reasonable suspicion of tampering with evidence, and other authorized documentation
necessary to implement and maintain this program.
All records and information of any personnel actions taken on employees with verified positive test
results shah be maintained in confidential and secured files in the Personnel Department and
disseminated only to authorized individuals on a confirmed "Need to Know" basis as determined by the
Personnel Manager.
Guidelines for Reasonable Suspicion Testinz
The folrowing _~uiileltnes are provided as an aid in administering and enforcing the town's Drug-Free
Workplace Policy. They are not meant to cover every situation; however, they are designed to help avoid
allegations of unlawful treatment. These ~uidelines cannot be used as a substitute for good judgement;
each situation must be reviewed on a case-by-case basis. When a supervisor, in his or her iudgement,
has reason to believe that an employee has used and is under the influence of drugs or alcohol, the
supervisor should ask his or her supervisor to corroborate the observations. The following examples,
alone or in combination, may comprise reasonable suspicion. The list is not aH inclusive.
CO/~5 -13-
2__
3~.
4~.
5__
6_:.
7~.
8__.
9
Unexplained inability to perform normal job functions.
Slurred speech.
Smell of alcohol or drugs on breath.
Any unusual lack of physical coordination or loss of equilibrium.
Unexplained hyperactivity or depression and withdrawal.
Unexplained inability to think or reason at the employee's normal level.
Bizarre behavior.
Possession of alcohol or illegal drugsl or the presence of alcohol, alcohol containers,
illegal drugs, or drug paraphernalia in an area subiect to the employee's control.
Information provided by a reliable and credible person.
If during normal working hours reasonable suspicion is confirmed, the supervisor shah contact the
Personnel Manager to discuss the observations and to determine the appropriate course of action. If the
employee is to be tested, the Personnel Manager shah be notified to make the arrangements with the
town's designated collection center for the necessary drug tests. The employee will be transported to the
testing site. If the reasonable suspicion is confirmed outside of normal working hours, then the
supervisor shah arrange to have the employee transported to the approved collection site. For purposes
of these guidelines, normal working hours are considered 9:00 a.m. to 5:00 p.m, Monday -Friday.
If the employee refuses to be tested, the employee shah be immediately suspended fi-om duty without
pay and transported home. The refusal of an employee to submit to a reasonable suspicion test shah
comprise insubordination and may be the basis for discipline, up to and including termination.
The supervisor who orders a drug test shah document in writing the conduct giving rise to the reasonable
belief of drug use within 24 hours of the observed behavior. It should include any statements made and
any actions taken by any persons involved in the incident. AH records should immediately be sent to the
Personnel Manager.
For the purposes of maintaining a workplace free of drugs and alcohol, the town mana~,er retains the
fight to search the lockers, file cabinets, desks, etc. of employees.
SECTION II. This ordinance shall be effective January 1, 1996.
Nay:
Councilmembers AtweH, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Webb, the following resolutions were proposed as consent
items and unanimously adopted.
95-248 - RESOLUTION - 0F AGREEMENT WITH LOUDOUN COUNTY TO EXTEND THE
DEADLINE FOR REVIEW OF THE ANNEXATION AREA DEVELOPMENT POLICIES
WHEREAS, the County of Loudoun and the Town of Leesburg have adopted an Annexation
Agreement and Annexation Area Development.Policies (AADPs) dated November 15, 1982; and
WHEREAS, the adopted AADPs require they be reviewed at least once every five years through
thc life of the moratorium on Town transition; and
WHEREAS, the second comprehensive review is specified in the current AADPs as occurring
no later than December 31, 1995; and
Plan in
WHEREAS, the Town of Leesburg has initiated and expects to complete an update of its Town
1996; and
WHEREAS, the Town Plan update may affect numerous policies contained in the A/fi)Ps; and
THEREFORE, RESOLVED by the Council of the Town of Lcesburg in Virginia, as follows:
With the concurrence of the Board of Supervisors of Loudoun County, the Council agrees to
extend the deadline for completing a review of the Annexation Area Development Policies until a
reasonable time after adoption of the Town Plan Update. The current Annexation Area Development
Policies, dated November 7, 1991 with subsequent amendments, will remain in effect until a
comprehensive review is completed and an update is mutually adopted.
CO ~5 -14-
95-249 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
KINCAID FOREST SECTION 9D
WHEREAS, Council Resolution #95-119, adopted June 13, 1995, authorized an agreement for
installation of public improvements and approved water and sewer extension permits for Kincaid Forest
Section 9D; 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 the Kincaid Forest Section 9D 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 the Kincaid Forest Section 9D is $208,242.87; and
WHEREAS, the developer proposes to provide a corporate surety bond from the American
Motorists Insurance Company in the amount of $208,242.87 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 9D.
RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
for the
for the
SECTION I. The Manager shall execute a new contract for installation of public improvements
improvements shown on the plans approved by the Director of Engineering and Public Works
Kincaid Forest Section 9D.
SECTION II. The extension of municipal water and sewer for Kincaid Forest Section 9D is
approved in accordance with Section 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the Town Attorney from the
American Motorists Insurance Company in the amount of $208,242.87 is approved a security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Kincaid Forest Section 9D.
SECTION IV. The contract for installation of public improvements authorized by Resolution
#95-119 will be cancelled after the new contract and performance guarantee approved by Section I and
II above are executed and in effect.
95-250 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTSAND APPROVINGA PERFORMANCE GUARANTEE FOR KINCAID
FOREST PHASE 1, SECTION !
WHEREAS, the First Potomac Development Company, the developer of Kincaid Forest Phase
1, Section 1, has not completed all the required public improvements in accordance with the approved
construction drawings and town standards within the two-year period agreed to in the contract for public
improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond from the American Motorists Insurance Company in the
amount of $247,424.38 was provided by the developer to guarantee the installation of public
improvements in Kineaid Forest Phase 1, Section 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
~ SECTION Ii The corporate surety bond from the American Motorists Insurance Company in
the amount of $247,424.38 is approved to guarantee the installation of public improvements in Kincaid
Forest Phase 1, Section 1.
SECTION II. A time extension to December 16, 1996 for completion of the public
improvements is approved.
95-251 - RESOLUTION -AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
C/~5 -15-
IMPROVEMENTSAND APPROVINGA PERFORMANCE GUARANTEE FOR KINCAID
FOREST PHASE 1, SECTION 2
WHEREAS, the First Potomac Development Company, the developer of Kincaid Forest Phase
1, Section 2, has not completed all the required public improvements in accordance with the approved
construction drawings and town standards within the two-year period agreed to in the contract for public
improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond from the American Motorists Insurance Company in the
amount of $167,355.35 was provided by the developer to guarantee the installation of public
improvements in Kincaid Forest Phase 1, Section 2.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Motorists Insurance Company in
the amount of $167,355.35 is approved to guarantee the installation of public improvements in Kincaid
Forest Phase 1, Section 2.
SECTION II. A time extension to December 21, 1996 for completion of the public
improvements is approved.
95-252 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTSAND APPROVINGA PERFORMANCE GUARANTEE FOR KINCAID
FOREST PHASE 1, SECTION 9A
WHEREAS, the First Potomac Development Company, the developer of Kincaid Forest Phase
1, Section 9A, has not completed all the required public improvements in accordance with the approved
construction drawings and town standards within the two-year period agreed to in the contract for public
improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond from the American Motorists Insurance Company in the
amount of $65,070.82 was provided by the developer to guarantee the installation of public improvements
in Kincaid Forest Phase 1, Section 9A.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Motorists Insurance Company in
the amount of $65,070.82 is approved to guarantee the installation of public improvements in Kincaid
Forest Phase 1, Section 9A.
SECTION II. A time extension to December 17, 1996 for completion of the public
improvements is approved.
95-253 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTSAND APPROVINGA PERFORMANCE GUARANTEE FOR KINCAID
FOREST PHASE 1, SECTION 1 - ULTIMATE STORMWATER MANAGEMENT POND
WHEREAS, the First Potomac Development Company, the developer of Kincaid Forest Phase
1, Section 1 - Ultimate Stormwater Management Pond, has not completed all the required public
improvements in accordance with the approved construction drawings and town standards within the two-
year period agreed to in the contract for public improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and -
WHEREAS, a corporate surety bond from the American Motorists Insurance Company in the
amount of $32,700.14 was provided by the developer to guarantee the installation of public improvements
in Kincaid Forest Phase 1, Section 1 - Ultimate Stormwater Management Pond.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
CO 5 -16-
SECTION I. The corporate surety bond from the American Motorists Insurance Company in
the amount of $32,700.14 is approved to guarantee the installation of public improvements in Kincaid
Forest Phase 1, Section 1 - Ultimate Stormwater Management Pond.
SECTION II. A time extension to December 14, 1996 for completion of the public
improvements is approved.
95-254 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
TOWNES OF VANDERBILT SECTION II
WHEREAS, Council Resolution #95-204, adopted October 11, 1995, authorized an agreement
for installation of public improvements and approved water and sewer extension permits for Townes of
Vanderbilt Section II; and
WHEREAS, the developer, The Double T Corporation, did not provide a performance guarantee
for the public improvements; and
WHEREAS, the final subdivision plat for the Townes of Vanderbilt Section II 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 the Townes of Vanderbilt Section II has been reduced by the Director of
Engineering and Public Works from $163,178.00 to $46,566.00 based on improvements installed as of
November 30, 1995; and
WHEREAS, the developer proposes to provide a letter of credit from the Washington Savings
Bank in the amount of $46,566.00 to guarantee the installation of the public improvements shown on the
plans approved by the Director of Engineering and Public Works for the Townes of Vanderbilt Section
II.
RESOLVED by the Council of the Town of Leesburg in Vir~nia 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 the Townes of Vanderbilt Section II.
SECTION II. the extension of municipal water and sewer for the Townes of Vanderbilt Section
II is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The letter of credit in a form approved by the Town Attorney from the
Washington Savings Bank in the amount of $46,566.00 is approved a security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for the Townes of Vanderbilt Section II.
SECTION IV. The contract for installation of public improvements authorized by Resolution
#95-204 will be cancelled after the new contract and performance guarantee approved by Section I and
II above are executed and in effect.
95-255 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR PAXTON
SECTION 2
WHEREAS, the Paxton Development Company, the developer of Paxton Section 2, has not
completed all the required public improvements in accordance with the approved construction drawings
and town standards within the two-year period agreed to in the contract for public improvements and
the previously approved extension which expired on November 28, 1995; and
WHEREAS,-the remaining punch list items are small and the final paving cannot be installed
until the Spring; and
WHEREAS, the developer has requested a five (5) month time extension to complete the
remaining public improvements; and
WHEREAS, a letter of credit from F & M Bank-Winchester in the amount of $47,593.22 was
provided by the developer to guarantee the installation of public improvements in Paxton Section 2.
CO ,H-/28/95 -17-
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from F & M Bank-Winchester in the amount of $47,593.22 is
approved to guarantee the installation of public improvements in Paxton Section 2.
SECTION II. A time extension to April 30, 1996 for completion of the public improvements is
approved.
95-256 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLED IN THE DULLES TOLL ROAD (DULLES
GREENWAY)
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in the Dulles Toll Road (Dulles Greenway) and certified that the value
of work performed exceeds $1,055,589.60; and
WHEREAS, a corporate surety bond in the amount of $1,319,487.00 from the AMWEST Surety
Insurance Company was provided by the developer and approved by the Council to guarantee installation
of public improvements for the Dulles Greenway.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the AMWEST Surety Insurance Company in the
amount of $1,319,487.00 is reduced to $263,897.40.
SECTION II. The Town Manager shall notify the developer that liability for the corporate surety
bond 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 the Dulles Greenway.
95-257 - RESOLUTION - AUTHORIZING AMENDMENT OF THE WESTERN PRESSURE ZONE
BOOSTER STATION ENGINEERING SERVICES AGREEMENT
WHEREAS, the Leesburg Town Council authorized an Engineering Services Agreement with
O'Brien & Gere Engineers, Inc., on March 8, 1994, to include design and construction engineering
services for the Western Pressure Zone Booster Station; and
WHEREAS, the agreement established a ~fixed sum" cost for preliminary and final design with
provisions for negotiation of construction phase services upon completion of design; and
WHEREAS, the town has negotiated a "cost plus fixed fee" amendment to the contract, in the
maximum amount of $58,540.00, for services during construction;
THEREFORE, RESOLVED by the Council of the' Town of Leesburg in Virginia as follows:
The town manager is hereby authorized and directed to amend the March 1.5, 1994 Engineering
Services Agreement with O'Brien & Gere Engineers, Inc., in a form approved by the town attorney, in
the amount of $58,540.00 for engineering services during construction.
95-258 - RESOLUTION - AUTHORIZING AN ENGINEERING SERVICES AGREEMENT FOR
THE WATER AND SEWER IMPROVEMENTS PROJECT
WHEREAS, the FY 96 Budget includes appropriations in the amount of $280,000.00 to fund
engineering design services for four water system projects, to include, the Main Zone Tank #1, Phase
III Main Zone Water System Improvements, Phase II Western Pressure Zone Water System
Improvements and Water Treatment Plant Sewage Pumping Station; and
WHEREAS, a request for proposals for engineering services was duly advertised and proposals
received on October 30, 1995, pursuant to state and local procurement laws; and
WHEREAS, based on the ten proposals received, three fares were interviewed and O'Brien &
Gere of Landover, MD was selected as the most qualified firm for this work; and
WHEREAS, a fixed sum contract in the amount of $144,255.00 plus reimbursable expenses
estimated at $49,900.00 has been negotiated for preliminary and final engineering design services:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized and directed to enter into an engineering services
agreement, in a form approved by the town attorney, with O'Brien & Gere Engineers, Inc., in the amount
of $194,155.00 for engineering and design services for the Water and Sewer Improvements project.
95-259 - RESOLUTION- REQUESTING THE COMMONWEALTHTRANSPORTATION BOARD
TO ESTABLISH AN ENHANCEMENT PROJECT FOR THE CHANCELLOR STREET
BIKE TRAIL
WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation
procedures, it is necessary that a request by resolution be submitted in order that the Vir~nia
Department of Transportation establish an enhancement project in the Town of Leesburg; and
WHEREAS, the Town of Leesburg requests the Commonwealth Transportation Board to
establish a project for the Chancellor Street Bike Trail:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. The Town of Leesburg hereby agrees to pay twenty percent of the total costs for
development of this project.
SECTION II. The Town of Leesburg hereby agrees to reimburse the Vir~nia Department of
Transportation, if cancellation of the project occurs, for the total amount of costs expended by the
Department through the date the Department is notified of such cancellation.
95-260 - RESOLUTION- REQUESTINGTHE COMMONWEALTHTRANSPORTATION BOARD
TO ESTABLISH AN ENHANCEMENT PROJECT FOR THE IMPROVEMENT OF
BICYCLE TRAILS ALONG ROUTE 15 AND THROUGH IDA LEE PARK
WHEREAS, in accordance with the Conunonwealth Transportation Board construction allocation
procedures, it is necessary that a request by resolution be submitted in order that the Virginia
Department of Transportation establish an enhancement project in the Town of Leesbur~, and
WHEREAS, the Town of' Leesburg requests the Commonwealth Transportation Board to
establish a project for the development of bicycle trails along Route 15 and through Ida Lee Park:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town of Leesburg hereby agrees to pay twenty percent of the total costs for
development of this project.
SECTION II. The Town of Leesburg hereby agrees to reimburse the Vir~nia Department of
Transportation, if cancellation of the project occurs, for the total amount of costs expended by the
Department through the date the Department is notified of such cancellation.
95-261 - RESOLUTION- REQUESTING THE COMMONWEALTHTRANSPORTATION BOARD
TO ESTABLISH AN ENHANCEMENT PROJECT FOR THE ACQUISITION OF
ADDITIONAL LAND FOR THE BALLS BLUFF REGIONAL PARK AND NATIONAL
CEMETERY CIVIL WAR SITE
WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation
procedures, it is necessary that a request by resolution be submitted in order that the Vir~nia
Department of Transportation establish an enhancement project in the Town of Leesburg;, and
WHEREAS, the Town of Leesburg requests the Commonwealth Transportation Board to
establish a project for the acquisition of additional land for the Balls Bluff Regional Park and National
Cemetery Civil War Site: ,
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTIOIq I.'The Town of Leesburg hereby agrees to pay twenty percent of the total costs for
acquisition of this project.
SECTION II. The Town of Leesburg hereby agrees to reimburse the Virginia Department of
Transportation, if cancellation of the project occurs, for the total amount of costs expended by the
Department through the date the Department is notified of such cancellation.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmember Trocino from ll.(d), (e), (f), (g) and (h)
NEW BUSINESS:
MOTION:
On motion of Mr. Buttery, seconded by Ms. Umstattd, the following resolution was proposed and
unanimously adopted.
95-262 - RESOLUTION - SOLICITING A RESOLUTION OF SUPPORT FROM THE LOUDOUN
COUNTY BOARD OF SUPERVISORS FOR THE TOWN'S REQUEST FOR ISTEA
ENHANCEMENT GRANT FUNDS AND TRANSMIT'rING THE LEESBURG TOWN
COUNCIL'S SUPPORT FOR LOUDOUN COUNTY'S REQUEST FOR ISTEA
ENHANCEMENT GRANT FUNDS
WHEREAS, the Town of Leesburg is requesting the Commonwealth Transportation Board to
fund three ISTEA enhancement projects in the Town of Leesburg; and
WHEREAS, these projects are: 1) the installation of bicycle trails along Route 15 and through
Ida Lee Park, 2) the acquisition of additional land for the Balls Bluff Regional Park and National
Cemetery Civil War Site and 3) the Chancellor Street Bike Trail; and
WHEREAS, Loudoun County residents, as well as Town of Leesburg residents will benefit and
enjoy the amenities provided by these enhancement projects; and
WHEREAS, the Loudoun County Board of Supervisors is requesting the Commonwealth
Transportation Board to establish an enhancement project to extend a trail along Route 15 in Loudoun
County to Whites Ferry which will connect to the trail along Route 15 within the Town of Leesburg; and
WHEREAS, the Leesburg Town Council supports the Loudoun County Board of Supervisors
request for ISTEA funding for the connection of the trail along Route 15 to Whites Ferry.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Leesburg Town Council hereby solicits a resolution of support from the
Loudoun County Board of Supervisors for the town's request to the Commonwealth Transportation
Board to establish three enhancement projects in the Town of Leesburg.
SECTION II. The Leesburg Town Council hereby supports the Loudoun County Board of
Supervisors request for ISTEA funding for the connection of the trail along Route 15 to Whites Ferry.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Buttery, the following ordinance was proposed and
unanimously adopted.
95-0-34 - ORDINANCE - AMENDING SECTION 10-171(11) OF THE TOWN CODE
WHEREAS, the Town Code currently identifies the parking area on the south end of Liberty
Street as having 126 permit parking spaces; and
WHEREAS, a more recent count has determined only 121 spaces are available for permit
parking~on the lot'. '
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir~nia as follows:
Section 10-171(11) of the Town Code is hereby amended to read:
Municipal parking area on the south end of Liberty Street, with the exception of the
southernmost 1-26 121 spaces which will be offered for permit-only parking.
CO/'~5 -20-
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd' Webb and Mayor Clem
Nay: None
MOTION:
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and
unanimously adopted.
95-263 - RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT LOUDOUN AUTO REPAIR
WHEREAS, Loudoun Auto Repair has completed the public improvements in accordance with
the approved plans and town standards, and these have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. The letter of credit in the amount of $23,327.43 is released, a new security in a
form approved by the town attorney for a maintenance guarantee in the amount of $1,166.37 is approved,
and shah 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 aH such improvements and easements free of any Hens or charges.
VOTE:
Aye: Counciimembers AtweH, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
MOTION:
On motion of Mr. Buttery, seconded by Ms. Umstattd, the following resolution was proposed and
unanimously adopted.
95-264 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR Q-STOP 101 CONVENIENCE STORE
REMODELING
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shah execute the contract for public improvements for the
improvements shown on the plans approved by the Director'of Engineering and Public Works for the
Q-Stop 101 Convenience Store Remodeling.
SECTION II. The irrevocable letter of credit in a form approved by the town attorney from
Crestar Bank in the amount of $15,781.98 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 Q-Stop
101 Convenience Store Remodeling.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
12. (t) Was referred to the January. 2. 1996 Administration and Public Works Committee aaenda for
further consideration and discussion.
On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolution was proposed and
unanimously adopted.
95-265 - RESOLUTION - MAKING APPOINTMENTS TO VARIOUS COMMISSIONS AND
CO ~5 -21-
WHEREAS, on September 12, 1995, the Town Council adopted Ordinance Number 95-0-24 to
standardize the structure of the town's Board and Commissions; and
WHEREAS, Ordinance Number 95-0-24 increased the membership of each board and
commission to seven voting members, not including the Councilmanic representative; and
WHEREAS, at the Council's direction, an advertisement was placed in the Leesbure Today on
October 11, 1995 and October 18, 1995 to solicit statements of interest from Leesburg residents; and
WHEREAS, the Council interviewed candidates on December 5, and 6, 1995.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. Steve Hutchens is appointed to the Airport Commission for a two-year term which
shall expire on June 30, 1997.
SECTION II. Mary Ann Naber is appointed to the Board of Architectural Review for a two-year
term which shall expire on June 30, 1997.
SECTION III. Georee Roberson is appointed to the Leesburg Economic Development
Commission for a two-year term which shall expire on June 30, 1997.
SECTION IV. Blake Thompson is appointed to the Planning Commission for a four-year term
which shall expire on June 30, 1998.
SECTION V. Mike Jackson is appointed to the Tree Commission for a two-year term which shall
expire on June 30, 1997.
SECTION VI. These appointments will be in effect January 1, 1996.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
MOTION:
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
95-266 - RESOLUTION - APPOINTING MEMBERS TO THE CABLE ADVISORY COMMISSION
WHEREAS, on September 12, 1995, the Town Council adopted Ordinance Number 95-0-24 to
standardize the structure of the town's Board and Commissions; and
WHEREAS, Ordinance Number 95-0-24 increased the membership of each board and
commission to seven voting members, not including the Councilmanic representative; and
WHEREAS, at the Council's direction, an advertisement was placed in the Leesburg Today on
October 11, 1995 and October 18, 1995 to solicit statements of interest from Leesburg residents; and
WHEREAS, the Council interviewed candidates on December 5, and 6, 1995; and
WHEREAS, Cable Commission member Blake Thompson has relinquished his term on the Cable
Commission to serve on the Leesburg Planning Commission effective January 1, 1996; and
WHEREAS, a vacancy has existed on the Cable Commission due to the resignation of Terry
Jones; and
WHEREAS, in accordance with Ordinance No. 95-0-24, three members of the Cable Commission
~hall be appointed by the town's franchisee, CableVision of Loudoun, by and with the consent of the
Mayor and Town Council; and
WHEREAS, four members of the Cable Commission shall be appointed by the Town Council.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. David Hall and Robert Latta, Jr. are appointed to the Cable Commission whose
CO-~5 -22-
terms of office shall expire on June 30, 1996.
SECTION II. Barbara Cassidv is appointed by the town's franchisee, CableVision of Loudoun,
by and with the consent of the Mayor and Town Council whose term of office shall expire on June 30
1996.
SECTION III. These appointments will be in effect on January 1, 1996.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmember Atwell
MOTION:
On motion of; and duly seconded, the meeting was adjourned at 10:05 p.m.
~~-~~~ 'c% K' James E' Clem' May°r
Clerk of Council
CO/~ -23-