HomeMy Public PortalAbout1996_05_28TOWN COUNCIL MEETING MINUTES OF MAY 28, 1996
A regular meeting of the Leesburg Town Council was held on May 28, 1996, at 7:30 p.m., in the
Council Chambers, 25 West Market Street, Lecsburg, Virginia. The meeting was called to order by
Mayor Clem.
ROLL CALL
Councilmembers present
George F. Atwell
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Acting Town Manager Gary Huff
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Assistant Town Manager for Economic Development John Henry King
Airport Manager Juan Rivera
Deputy Town Attorney Deborah Welsh
Town Clerk Barbara Markland
PETITIONERS
Mr. William Bowie, with Bowie Gridley Architects, presented the Council with an update f the proposed
design tbr the expansion of the Thomas Balch Library.
Mr. Kenneth Mclntyre, a resident in the Woodlea Manor Subdivision, referred to agenda item 9.(h) and
stated, there is still a lot of work left to be done in the subdivision.
Mr. R. W. Blake, a Leesburg resident, addressed the Council stating the two traffic signals proposed at
Plaza Street and Route 15 South have still not been installed. He stated, as a member of the Airport
Commission, tremendous strides have been made at the airport. It is one of the town's most important
attributes. He expressed concern with the length of time it takes to get plans approved in the town,
stating the problem may lie within the town's engineering department.
Mr. Brown addressed Mr. Blake's comments by stating the plans for the hangar at the airport have been
conditionally approved. Award of contract for the two signal installations was awarded at the last Town
Council meeting.
Mr. Robert Primack addressed the Council with regard to the Plaza Street and Sycolin Road bridge,
urging the Council to leave the bridge open.
COUNCILMEMBER COMMENTS
Ms. Umstattd pointed out that legislation was passed to prohibit tandem trucks on Route 15.
She attended the Memorial Day Ceremony held on Monday, at the Courthouse where Police Officer Eric
Paul was given an award for outstanding services.
She stated that citizens living in the area of the Sycolin Road and Plaza Street extension are concerned
with the improvements possibly expanding the floodplain area. Ms. Umstattd asked staff to let these
residents know that the floodplain will not be affected.
Mr. Webb stated the price quote for canopies in the town's parking garage is astronomical. He asked
that this matter be placed on the Finance Committee Agenda for further consideration.
He stated, that although the Town Plan has been forwarded to the Town Council, the Planning
Commission continues to have a full agenda. He pointed out that a vacancy will exist on the Planning
Commission effective June 30, and urged the Council to consider filling this vacancy before July 1.
CO 5/28/96 -1-
Mr. Buttery congratulated town employee Nelson Downs for his 25 years of service to the town.
He invited town residents to participate in the town's graffiti committee.
He commended Leesburg Police Officer Hunt for taking appropriate action regarding an accident on the
bypass.
Mr. Trocino commented on the back-up of traffic on Route 15 and asked if there is anything that can
be done.
Mr. Atwell asked about the progress of the ESI contract.
He agreed with Mr. Webb regarding the cost to install canopies in the town's garage.
Ms. Emswiller expressed concern with the recently approved car rental application at the Bellwood
Commons shopping center, stating things that were approved are not getting done.
MAYOR'S REPORT
Mayor Clem commented on the Memorial Day Ceremony expressing sorrow that more people did not
take part in the event. He pointed out that Councilmember Umstattd was the guest speaker and did a
fine job.
He also commended Officer Hunt with regard to the recent traffic accident involving an elderly person.
MANAGER'S REPORT
Mr. Brown briefly highlighted the Activity Report.
Mr. Brown congratulated Mr. Stanley Caulkins for his efforts in having the burned-out building on East
Market Street razed.
Mr. Brown announced the block party on Bethal Court in the Greenway Subdivision.
LEGISLATION
Mayor Clem asked that legislation items 9. (e), (s), (t) and (u) be referred to the June 5, 1996 Budget
Worksession due to the receipt of the proposed police grant.
9. (a)
MOTION:
On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and adopted.
96-0-14 - ORDINANCE - APPROVINGSPECIAL EXCEPTIONAPPLICATION #SE-96-03 PARKER
COURT RADIO TOWER REPLACEMENT
WHEREAS, Parker Court, L.C. has requested special exception approval to remove and replace
an existing radio tower at 310 Parker Court; and
WHEREAS, a radio towers exceeding the maximum height requirements may be authorized by
special exception; and
WHEREAS, on April 18, 1996 the Planning Commission recommended conditional approval of
this application to Council; and
WHEREAS, on May 14, the Town Council held a public hearing on this application; and
WHEREAS, the proposed use meets the general review criteria set forth in the special exception
regulations of the zoning ordinance.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Special exception application #SE-96-03 Parker Court Radio Tower Replacement,
identified as Tax Map 48G ((2)) Parcel 3 in the land records of Loudoun County, and as shown on the
Boundary Survey prepared by Ken W. Erickson, Inc. dated March 14, 1996, is hereby approved subject
CO 5/28/96 -2-
to the following conditions:
Frontage improvements are provided in accordance with town requirements
along the frontage of Parker Court.
2. Landscaping and screening are provided in accordance with the zoning
ordinance.
3. Replacement tower does not exceed the height of the existing tower.
SECTION II. Approval of the special exception concept plan does not authorize modifications
to any requirements of the Design and Construction Standards Manual, Subdivision and Land
Development Regulations, or the Zoning Ordinance unless specifically set forth in this ordinance.
VOTE:
Aye:
Nay:
9. (b)
SECTION III. This ordinance shall be in effect upon its passage.
Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
MOTION:
On motion of Mr. Webb, seconded by Mr. Buttery, the following ordinance was proposed and adopted.
96-0-15 - ORDINANCE -AMENDING CHAPTER 17, ARTICLE III, SECTION 17-89 OF THE TOWN
CODE, TAX RATES ON TAX ON PURCHASES OF UTILITY SERVICES
WHEREAS, the proposed Budget for the fiscal year ending June 30, 1997 recommended an increase
in the tax rate for purchases of utility services; and
WHEREAS, the Leesburg Town Council has considered the recommended tax rate increase to 16%
of the first $300.00 for all commercial and industrial users and 16% of the first $15.00 for all residential
telephone users.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 17-89 of the Town Code is hereby amended as follows:
Sec. 17-89. Imposed; amount; exceptions.
(a) There is hereby imposed and levied by the municipality, upon each and every purchaser of
a utility service, a tax in the following amounts:
(2) Residential local exchange telephone service: On the first fifteen dollars ($15.00) of net charge
per residential user per month, re'ne~jtm sixteen (16) percent.
(3) Commercial or industrial users, all utilities: On the first three hundred dollars ($300.00) of
net charge per commercial or industrial user per month, ..... .~;,,,, mx,_, sixteen (16) percent.
SECTION II. This ordinance shall be in effect on July 1, 1996.
VOTE:
Aye:
Nay:
9. (c)
Councilmember Atwell, Buttery, Emswiller, Trocino, Webb and Mayor Clem
Councilmember Umstattd
MOTION:
On motion of Ms. Emswiller, seconded by Mr. Trocino, the following ordinance was proposed and adopted.
96-0-16 - ORDINANCE - AMENDING ARTICLE VII, CHAPTER 17, SECTION 17-147, "CIGARETTE
TAX" TO REVISE THE TAX ON CIGARETTES SOLD IN THE TOWN OF LEESBURG
CO 5/28/96 -3-
WHEREAS, the Town of Leesburg under Section 3-1 of its Charter and Section 15.1-841 of the Code
of Virginia (1950), as amended is authorized to enact taxes on property and other lawful subjects as in the
judgement of the Town Council are necessary to pay the debts, defray the expenses, accomplish the purposes
and perform the function of the town; and
WHEREAS, under Sections 58.1-3840, 58.1-3831 and 58.1-3832 of the Code of Virginia (1950), as
amended, and the aforesaid authority, the town is authorized to levy a tax upon cigarettes sold within the
town; and
WHEREAS, the proposed budget for the fiscal year ending June 30, 1997, contemplates an increase
in the cigarette tax from $.15 per pack to $.20 per pack; and
WHEREAS, this Council deems the levy of such a tax on cigarettes necessary to pay the debts, defray
the expenses, accomplish the purposes and perform the functions of the town; and
WHEREAS, a public hearing was held on April 9, 1996, as required by the Town Code:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Code is amended by revising Section 17-147 of Article VII, of Chapter 17
which reads as follows:
Section 17-147. Levy and rate.
In addition to all other taxes of every kind now or hereinafter imposed by law, there is hereby levied
and imposed by the town upon every person who sells or uses cigarettes within the town from and after the
effective date of this Article and excise tax equivalent to Ef*_ee-__ twenty $.20 cents for each package containing
twenty (20) cigarettes and 7-,5 10.0 mills for each cigarette contained in packages of fewer or more than twenty
(20) cigarettes sold or used within the town. The tax shah be paid and collected in the manner and at the time
hereinafter prescribed; provided, that the tax payable for each cigarette or cigarette package sold or used
within the town shall be paid but once. The tax hereby levied shall not apply to free distribution of sample
cigarettes in packages containing five (5) or fewer cigarettes.
SECTION II. This ordinance shall be in effect on July 1, 1996.
VOTE:
Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Webb and Mayor Clem
Nay: Councilmember Umstattd
9. (d)
MOTION:
On motion of Mr. Buttery, seconded by Mr. Atwell, the following ordinance was proposed and adopted.
96-0-17 - ORDINANCE - AMENDING ARTICLE V, CHAPTER 17, SECTION 17-112 OF THE TOWN
CODE, "TRANSIENT OCCUPANCY TAX," TO REVISE THE TAX RATE FROM FIVE
PERCENT TO SIX PERCENT
WHEREAS, the Town of Leesburg imposes a 5% tax on each transient obtaining lodging within the
town; and
WHEREAS, this Council deems the levy of such a tax on transient lodging necessary to pay the debts,
defray the expenses, accomplish the purposes and perform the functions of the town; and
WHEREAS, during Council deliberationson the proposed budget for the fiscal year ending June 30,
1997, it was decided to increase the tax on transient lodging to the rate of 6 percent.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Code is amended to read as follows:
Section 17-112. Tax Imposed; Amount.
There is hereby imposed and levied, in addition to all other taxes and fees of every kind imposed by
law, in each transient obtaining lodging or the use of space at any hotel, a tax at a rate of f;.ve six percent of
the total amount paid for such lodging or the use of space by or for any such transient to any hotel. Such tax
shall be collected from such transient at the time and in the manner provided by this article.
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SECTION II. All prior ordinances and resolutions in conflict herewith are repealed.
SECTION III. This ordinance shah become effective July 1, 1996.
DISCUSSION:
Mr. Atwell asked that the Town Council, in the future, consider using this tax to fund the tourism council.
VOTE:
Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Webb and Mayor Clem
Nay: Councilmember Umstattd
9. (f), (g), (h), (i), (j), (m), (n), (p)
MOTION:
On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolutions were proposed as consent
items and adopted.
96-97 - RESOLUTION - INITIATING AMENDMENTS TO THE SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS AND ZONING ORDINANCE REGARDING FEES
WHEREAS, development review fees have not been reviewed in over eight years to determine the
appropriate charges for various plan review; and
WHEREAS, the Town Council, through its FY1997 budget deliberations has determined the need
to conduct a fee study; and
WHEREAS, preliminary findings have been prepared based upon a survey of the development fees
charged by several area jurisdictions and a 1991 Study that identified staff costs associated with the review of
development applications;
THEREFORE, be it resolved by the Town Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Subdivision and Land Development Regulations shall be amended as shown below:
Section 13-54 Fees.
Fees and charges to be paid to the Town for the review of plats and plans, for the inspection of
facilities required to be installed by this Article and for variances shall be as follows:
(a)
· · ~,4 ,,.,~;m: ..... r ~n ~,,, ~,, ~,~oc the fee shall be cann $500, plus Sg0 $25
For prehm~nary plats .... v ............. ~ "~'~
per lot or division or land. ~ ..... ~;~; ....... ~;,,;o;~. ,~t~ ~e ~ ~ ~, ....... ~ e~ ~n ~ ~an
c ........ Fer lot.
(b)
(c)
For extensions of a preliminary plat or development plan approval, the fee shall be $200 for an
administrative approval and an additional $150 if Planning Commission action is required.
For final plats the fee shah be $50.00 $500.00 plus $3.00 $10.00 per lot or division of land plus the
amount extended from the quantity of public improvements at the following rates:
Type of Public Improvement
Storm Sewer
Water Main
Curb & Gutter
Sidewalk
Sanitary Sewer
Streets
Overlot Grading
Other major utility facilities
!.35
1.20
Unit Rate
$3.50 $3.75 per linear foot
!.35 1.50 per linear foot
0.75 per linear foot
1.35 per linear foot
1.75 per linear foot
per linear foot
$~.00 $125 each lot
1% of Construction costs
(d)
(e)
(f)
(a g)
(.h)
For minor subdivision plats the fee shall be $250.00, plus $25.00 per lot.
For Boundary Line Adjustments the fee shall be $100.00, plus $25.00 per lot.
For Boundary Line Vacations the fee shall be $150.00.
For preliminary development plans the fee shah be $500.00 $2,000, plus $!0.00 $50.00 per acre·
For final development plans the fee shall be $500.00 $2,000.00, plus $5.00 $25.00 per acre plus the
amount extended from the quantity of public improvements at the following rates;
Type of Public Improvement Unit Rate
CO 5/28/96 -5-
Storm Sewer
Water Main
Curb & Gutter
Sidewalk
Sanitary Sewer
Streets
Overlot Grading
Other major utility facilities
1.35
1.20
$3.50 $3.75 per linear foot
!.35 1.50 per linear foot
0.75 per linear foot
1.35 per linear foot
· . · 1.75 per linear foot
per linear foot
:Lq0,00 $125 each lot
1% of Construction costs
For combined preliminary/final development plans, which have been specifically authorized by the
Land Development Official, the fee shall be $800.00 $3,000.00, plus $!0.00 $25.00 per acre, plus the
amount extended from the quantity of public improvements at the following rates:
(m)
nL~
oL~
Lq~
Type of Public Improvement
Storm Sewer
Water Main
Curb & Gutter
Sidewalk
Sanitary Sewer
Streets
Overlot Grading
Other major utility facilities
No change
No change
Unit Rate
$3.50 $3.75 per linear foot
!.35 1.50 per linear foot
0.~ 0.75 per linear foot
1.35 per linear foot
!.35 1.75 per linear foot
1.20 per linear foot
$~.00 $125 each lot
1% of Construction costs
For rough grading plans the fee shall be $100.00 per acre.
For variations the fee shall be $100 each (section varied).
For no adverse impact certifications the fee shah be $100.00.
For a Traffic Study the fee shah be $1,000.
For a Floodplain Study the fee shall be $1,500.
For a DCSM Modification the fee shall be $100.00 each.
For each Easement Plat the fee shall be $100.00.
SECTION II. Zoning Ordinance amendments proposed are as shown below:
Article 5A-4. Application to Board for Historic District Zoning Permit
(5)
Application Filing Deadline and Fee. Applications for Historic District Zoning Permits must
be made on forms provided by the Zoning Administrator and must be accompanied by a
filing fee of $2,0 $100 for new development, $25.00 for alterations and accessory structures,
and $25.00 for signs. Complete applications must be submitted at least 17 days before the
scheduled monthly meeting at which applicants request consideration.
Article 6. Planned Development Regulations.
Section 6A-5. General Procedures (2) Fees.
(2)
Fees. Fees to be paid to the town for consideration of planned development petitions and
applications shah be as follows:
a. Sketch plan review and comment, the fee shall be $550.00 $500.00.
A petition for concept plan approval and amendment of the Town Plan, the fee shall
be $!,n. 50.00 $2,000.00.
An application for rezoning plan approval and establishment of a planned
development district, the fee shah be $!,000.00 $2,000.00 plus $4~
$50.00 $100.00 per acre for PRN, PRC or PEC districts, reepect,.'ve!y.
An application for preliminary plat '-- ........a .... ! ..... r ...... * r---"~" approval for all or part of
a planned development, the fee shah be $850.00 $500.00 plus $ !2,00, $ !5.00 or $30.00
$50.00 per acre for PRN, PRC or PEC districtz,
Any concept plan or proffer amendment to an approved rezoning shall be
accompanied by the appropriate land development application and a fee of $2,000,
plus $10 per acre.
Article 10. Sign
Section 10A-18.
An application for preliminary development plan approval for all or part of a
planned development, the fee shah be $2,000.00 plus $50.00 per acre.
Regulations.
Sign Permit Procedures
CO 5/28/96 -6-
(2)
Filing of Application Fees. Applications for Sign Permits shall be filed on a form provided
by the Zoning Administrator, shall contain information required herein, and shall be
accompanied by a fee of $25.00 for si.g~s less than six (6) square feet, $35.00 $40.00 for signs
more than six (6) square feet and $35.00 for a temporary sign permit of any size.
Article 11. Special Exception Regulations·
Section 1 lA-4. Application, Review and Enforcement Procedures
(3)
Submission Requirements. All applications for special exception uses shall be accompanied
by the following items:
.(_fl A review fee of $500.00 per accessory to a dwelling and $1,000.00 for all other
special exception uses.
Article 13. Amendments
Section 13A-2. Initiation of Amendments
(2)
Amendments to the zoning boundaries or classification of property shown on the Zoning Map
may be initiated by property owners of the land proposed to be rezoned, by the filing with
the Council of a Zoning Map amendment petition addressed to the Council, which petition
shall be on a standard form approved by the Planning Commission and provided by the
Zoning Administrator, and accompanied by a fee of q~,ran $2,000 for t~,,~
$40 each 2cra thereafter, plus $100 per acre, and other material and data required in said
form. Any Town Plan Amendment shall be accompanied by the appropriate land
development application and a fee of $2,000.00. Any concept plan or proffer amendment to
an approved rezoning shall be accompanied by the appropriate land development application
and a fee of $2,000, plus $10.00 per acre.
SECTION III. The Planning Commission shall hold a public hearing to consider these amendments
and report its recommendation to the Town Council pursuant to Chapter 11, Title 15.1-431 of the 1950 Code
of Virginia, as amended.
96-98 - RESOLUTION - ACCEPTING THE DEDICATION OF THE POTOMAC STATION MIDDLE
SCHOOL SITE AND TRANSFERRING THE DEED TO THE LOUDOUN COUNTY SCHOOL
BOARD
WHEREAS, in accordance with approved proffers for Harper Park, (ZM-147), the developer, KSI,
has prepared the necessary legal documents transferring ownership of the 35.1007 acre middle school site at
Potomac Station; and
WHEREAS, the town must accept the dedication and transfer ownership to the Loudoun County
School Board for the site to be developed as a middle school for Leesburg and Loudoun County citizens.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The dedication of the Potomac Station Middle School site as provided in the proffers of ZM-147 is
hereby accepted and the Mayor is authorized to execute a deed to accept such property on behalf of the town.
The Mayor is further authorized to execute a deed to transfer such property to Loudoun County School
Board for use as a middle school for Leesburg and Loudoun County citizens.
96-99 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR WOODLEA
MANOR PHASE I
WHEREAS, Winchester Homes, the developer of Woodlea Manor Phase I, has not completed all the
required public improvements in accordance with the approved construction drawings and town standards
within the one year period agreed to in the contact for public improvements and previously approved time
extension which expired on May 10, 1996; and
WHEREAS, the conditions of the extension authorized by Resolution #95-159 regarding final street
paving were met; and
WHEREAS, inclement weather has delayed completion of the public improvements with only a few
minor items needing completion; and
WHEREAS, the developer has requested a six (6) month time extension to complete the public
improvements; and
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WHEREAS, 90 days should be sufficient time to complete the work; and
WHEREAS, a corporate surety bond in the amount of $774,000.00 from Safeco Insurance Company
was provided by the developer to guarantee the installation of public improvements for Woodlea Manor Phase
I; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $774,000.00
to guarantee installation of the remaining public improvements for Woodlea Manor Phase I.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of ninety (90) days for the installation of public improvements is
hereby approved for Woodlea Manor Phase I.
SECTION II. The corporate surety bond from the Safeco Insurance Company in the amount of
$774,000.00 is approved to guarantee the installation of public improvements for Woodlea Manor Phase I.
96-100 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION
lB
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the improvements
shown on the plans approved by the Director of Engineering and Public Works for Potomac Station lB Water
and Sanitary Sewer Lines.
SECTION II. The extension of municipal water and sewer for Potomac Station lB Water and
Sanitary Sewer Lines is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. A letter of credit in a form approved by the town attorney from Mercantile-Safe
Deposit & Trust Company in the amount of $52,811.00 is approved as security to guarantee installation of the
public improvements shown on plans approved by the Director of Engineering and Public Works for Potomac
Station Section lB.
96-101 - RESOLUTION - ACCEPTINGPUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS AT PAXTON SUBDIVISION SECTION 2
WHEREAS, Paxton Development Company, the developer of Paxton Subdivision Section 2 has
completed the public improvements in accordance with approved plans and town standards, and these have
been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from F&M Bank-Winchester in the amount of $37,593.22 is
released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount
of $9,398.30 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.
96-102 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN EXETER SECTION 4
WHEREAS,
improvements stalled
$1,037,202.00; and
the town's Director of Engineering and Public Works has reviewed the public
to date in Exeter Section 4 and certified that the value of work performed is
WHEREAS, a letter of credit in the amount of $1,296,502.00 from NationsBankwas provided by the
developer and approved by the Council to guarantee installation of public improvements for Exeter Section
4.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from NationsBank in the amount of $1,296,502.00 is reduced to
$259,300.00; and
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has
CO 5/28/96 -8-
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 Exeter Section 4.
96-103 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN EXETER SECTION 7
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements stalled to date in Exeter Section 7 and certified that the value of work performed is $773,688.60;
and
WHEREAS, a letter of credit in the amount of $1,048,311.00 from NationsBankwas provided by the
developer and approved by the Council to guarantee installation of public improvements for Exeter Section
7.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from NationsBank in the amount of $1,048,311.00 is reduced to
$274,622.40; and
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit 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 Exeter Section 7.
96-104 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS AT POTOMAC CROSSING SECTION 1E
'~X, ~[EAS, Richmond American Homes, the developer of Potomac Crossing Section 1E has
completed the public improvements in accordance with approved plans and town standards, and these have
been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from American Motorists Insurance Company in the amount
of $91,600.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee
in the amount of $22,900.00 is approved, and shall be in effect for a period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
VOTE:
Nay:
Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
9. (k), (!), (o) were referred to the June 4, 1996 Administration and Public Works Committee agenda for
further consideration.
9. (s), (t), (u) were referred to the June 11, 1996 Council meeting.
10. NEW BUSINESS:
10. (v)
MOTION:
On motion of Mr. Atwell, seconded by Mr. Trocino, the following resolution was proposed and adopted.
96-105 - RESOLUTION - AUTHORIZING AN APPROPRIATION FOR THE LOUDOUN TOURISM
COUNCIL IN THE AMOUNT OF $2,966.40 FOR ITS CHALLENGE GRANT PROGRAM
WHEREAS, the Loudoun Tourism Council (LTC) was established to provide professional tourism
services for Loudoun County and Leesburg; and
WHEREAS, the Town Council budgeted $33,000 for the LTC in fiscal year 1996; and
WHEREAS, the LTC has initiated many projects benefiting Leesburg and has successfully pursued
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challenge grant funding with Loudoun County.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropriation in the amount of $2,966.40 is hereby authorized from the unappropriated general
fund balance for the purpose of funding Leesburg's share of the LTC Challenge Grant Program for the period
December, 1995 to April, 1996.
VOTE:
Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
10. (w), (x), (y) were referred to the June 4, 1996 Finance Committee agenda for further consideration.
9. (q)
MOTION:
On motion of Ms. Emswiller, seconded by Mr. Atwell, the following resolution was proposed and adopted.
96-106 o RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ENGINEERING
AND ARCHITECTURAL SERVICES AGREEMENT BETWEEN THE TOWN AND CAMPBELL
AND PARIS ENGINEERS
WHEREAS, the town solicited qualified firms to provide engineering/architectural services for the
Leesburg Municipal Airport; and
WHEREAS, the services included, but not limited to, research, planning, development, design, and
such other professional services of a similar nature; and
WHEREAS, the town received proposals from six qualified firms; and
WHEREAS, a committee was formed to evaluate the proposals; and
WHEREAS, each firm was evaluated on the qualificationsof the project manager and project team,
qualifications of the firm, and response capabilities and ranked accordingly; and
WHEREAS, Campbell and Paris Engineers were the most qualified; and
WHEREAS, the Airport Commission unanimously approved the committee's selection and
recommended that the town manager be given the authority by the Town Council to execute a contract; and
WHEREAS, all projects associated with this contract must be approved by the Airport Commission
and Town Council; and
WHEREAS, the deputy town attorney, FAA, and Virginia Department of Aviation have approved
the engineering and architectural services contract for format and content.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized to execute an engineering and architectural services contract
with Campbell and Paris Engineers, in a form approved by the town attorney.
VOTE:
Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
MOTION:
On motion of Mr. Trocino, seconded by Mr. Webb, the following motion was made:
Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town
Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344
(a), Subsection (1) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to
discuss the Town Manager's evaluation.
MOTION:
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On motion of, and duly seconded, the following motion was made:
That the Executive Session be adjourned, that the Leesburg Town Council re, convene its public
meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive
Session.
MOTION:
On motion of, and duly seconded, the following resolution was proposed and adopted.
96-107 - RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
EMPLOYMENT CONTRACT BETWEEN THE LEESBURG TOWN COUNCIL AND TOWN
MANAGER STEVEN CARL BROWN
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Mayor of the Town of Leesburg is hereby authorized to execute the attached
employment contract on behalf of the Leesburg Town Council which amends Section 4 by changing the salary
effective July 1, 1995, and July 1, 1996.
SECTION II. The necessary appropriation of funds is authorized to be made from the
Unappropriated General Fund Balance.
VOTE:
Nay:
Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
MOTION:
On motion of, and duly seconded, the following resolution was proposed and adopted.
96-108 - RESOLUTION: CERTIFYING EXECUTIVE SESSION OF MAY 28, 1996
WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in Executive
Session in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance with
the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that
to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting
requirements under the Freedom of Information Act were discussed in the Executive Session to which this
certification applies; and 2) only such public business matters as were identified in the Motion by which the
said Executive Session was convened were heard, discussed or considered by the Leesburg Town Council.
MOTION: O
On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m.
lem, Mayor
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