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HomeMy Public PortalAbout1996_07_23TOWN COUNCIL MEETING MINUTES OF JULY 23, 1996 A regular meeting of the Leesburg Town Council was held on July 23, 1996, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembers present J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown (absent) Deputy Town Manager Gary Huff Director of Engineering and Public Works Thomas A. Mason Public lntbrmation Officer Susan Farmer Assistant Town Manager tbr Economic Development John King Deputy Town Attorney Deborah Welsh Town Clerk Barbara Markland APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the special meeting minutes of June 11, 1996, June 19, 1996, June 20, 1996, June 26, 1996, July 1, 1996, July 2, 1996, July 3, 1996, July 5, 1996 and the regular meeting minutes of June 11, 1996, June 25, 1996 and July 9, 1996 were approved as submitted. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino from (c). Councilmember B. J. Webb from (e), (f), (g), (h) and (k) PETITIONERS Mrs. Hitzges, a resident of Linden Hill, expressed concerns with the development and asked the Town Council to take action, in the future, to prevent builders from destroying new developments such as Linden Hill. Mr. Royce Givens, addressed the Council with regard to the Middleburg Bank and the temporary closing of Catoctin Circle in order to install the drainage pipe. He referenced an agreement pertaining to installation of this pipe which states that there is to be no interruption of two-way traffic during construction. He asked that the Town Council be consistent. Mr. Alan Furman, a resident of Linden Hill expressed concerns with the development. Mr. Shaun Gibbs, representing the AAU Baseball team requested financial support for the team. This matter was referred to the August 6, 1996 Finance Committee agenda for consideration. COUNCILMEMBER COMMENTS Ms. B. J. Wcbb announced that tile United States Olympic Equestrian Team will be at Morven Park for a reception on Tuesday, August 6, 1996. Ms. Emswiller attended the Virginia Municipal League's Transportation Policy Committee meeting in Richmond, at which time an item was placed on the committee's agenda that would notify all local governments if a local government will affected by proposed legislation changes in Richmond. Ms. Emswiller responded to the comments made by petitioner Mr. RoyCe Givens regarding the consistency of the Town Council's decisions. Mr. Trocino reminded tile public that thc process for public input on the Ida Lee Park Master Plan has begun. Mr. Trocino thanked Mr. Lawrence Schonberger for his service to the Tree Commission and thanked Mr. Buttery for his efforts in drafting a new tree ordinance. Ms. Umstattd attended the Annual Virginia Association of Planning Districts meeting. Mr. Buttery reminded the public of Graffiti clean-up day scheduled on Saturday, July 27, 1996 at 8:00 a.m. He encouraged the public's participation. He reminded everyone of the August 6, Loudoun Night Out event at Ida Lee Park and encouraged the public's participation. MAYOR'S REPORT Mayor Clem stated the Town Plan is still under review. The Land Use element of the plan will be discussed on September 4, 1996. MANAGER'S REPORT Mr. Huff stated the town's telephone system study has been completed which will initiate some changes and improvements to the system. LEGISLATION 10. (a), (b), (c), (d), (e), (g) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent items and adopted. 96-162 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GREENWAY FARM SECTION 3 WHEREAS, Trafalgar House, the developer of Greenway Farm Section 3, 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 six (6) month time extension to complete the public improvements; and WHEREAS, a-corporate surety bond in the amount of $185,600.00 from American Home Assurance Company was provided by the developer to guarantee the installation of public improvements tbr Greenway Farm Section 3; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $185,600.00 to guarantee installation of the remaining public improvements for Greenway Farm Section 3. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of six (6) months for the installation of public improvements is hereby approved for Greenway Farm Section 3. SECTION II. The corporate surety bond from American Home Assurance Company in the amount of $185,600.00 is approved to guarantee the installation of public improvements for Greenway Farm Section 3. 96-163 - RESOLUTION , AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GREENWAY FARM SECTION 4A WHEREAS, Trafalgar House Residential, the developer of Greenway Farm Section 4A, 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 CO 7/23/96 -2- WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a corporate surety bond in the amount of $57,200.00 from American Home Assurance Company was provided by the developer to guarantee the installation of public improvements tbr Greenway Farm Section 4A; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $57,200.00 to guarantee installation of the remaining public improvements for Greenway Farm Section 4A. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one (1) year for the installation of public improvements is hereby approved for Greenway Farm Section 4A. SECTION II. Thc corporate surety bond from American Home Assurance Company in the amount of $57,200.00 is approved to guarantee the installation of public improvements for Greenway Farm Scction 4A. 96-164 - RESOLUTION o AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GREENWAY FARM SECTION 4B WHEREAS, Trafalgar House Residential, the developer of Greenway Farm Section 4B, 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 in the amount of $131,000.00 from American Home Assurance Company was provided by the developer to guarantee the installation of public improvements t'or Greenway Farm Section 4B; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $131,000.00 to guarantee installation of the remaining public improvements for Greenway Farm Section 4B. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as tbllows: SECTION I. A time extension of one (1) year for the installation of public improvements is hcrcby approved t'or Grccnway Farm Section 4B. SECTION II. The corporate surety bond from American Home Assurance Company in the amount of $131,000.{)0 is approved to guarantee the installation of public improvements for Greenway Farm Section 4B. 96-165 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 4 WHEREAS, Pulte Home Corporation, the developer of Exeter Section 4, 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 previously approved time extensions; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvcments; and WHEREAS, a letter of credit in the amount of $259,300.00 from NationsBank was provided by thc developer to guarantee the installation of public improvements for Exeter Section 4; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $259,300.00 to guarantee installation of the remaining public improvements for Exeter Section 4. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: CO 7/23/96 -3- SECTION I. A time extension of one (1) year for the installation of public improvements is hereby approved for Exeter Section 4. SECTION II. The letter of credit from NationsBank in the amount of $259,300.00 is approved to guarantee the installation of public improvements in Exeter Section 4. 96-166 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 6 WHEREAS, Pulte Home Corporation, the developer of Exeter Section 6, 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 previously approved time extensions; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, six (6) months is adequate time to finish the project; and WHEREAS, a letter of credit in the amount of $167,625.63 from NationsBank was provided by the. developer to guarantee the installation of public improvements for Exeter Section 6; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $167,625.63 to guarantee installation of the remaining public improvements for Exeter Section 6. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as tbllows: SECTION I. A time extension of six (6) months for the installation of Public improvements is hereby approved for Exeter Section 6. SECTION II. The letter of credit from NationsBank in the amount of $167,625.63 is approved to guarantee the installation of public improvements in Exeter Section 6. 96-167 - RESOLUTION - AUTHORIZING AN AMENDMENT TO THE PAXTON WELL LEASE AGREEMENT WHEREAS, the Town of Leesburg and the Margaret Paxton Memorial for Convalescent Children (the "Home") on June 1, 1963 entered into an agreement for the lease of rights to the water supply from a well on lands of the Home: and WHEREAS, the agreement provides tbr periodic negotiations between the Home and Town over the price paid tbr water; and WHEREAS, the Home and Town have negotiated a new price for water for the period beginning July 1, /996: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An amendment to the lease agreement dated June 1, 1963 between the Town of Leesburg and the Margaret Paxton Memorial tbr Convalescent Children is authorized as follows: Paragraph 3 - The Town after July l, 1996 shall pay the Home as rent for all water pumped from the well the sum of $13,750.00 per year, to be paid in four equal quarterly installments, for the first 55,000,000 gallons pumped per year plus $0.20 per 1,000 gallons, to be paid on July 1 each year, for water pumped in excess of 55,000,000 gallons per year. Paragraph 17 - The Town shall maintain general liability and an umbrella policy in amounts consistent with other municipally insured properties for the protection of the Town and Margaret Paxton Memorial for Convalescent Children, from claims, suits and actions against them or either of them, arising out of and by virtue of the occupancy and use of the demised premises. VOTE: Aye: Nay: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem None CO 7/23/96 -4- MOTION: On motion of Ms. Umstattd, seconded by Ms. Webb, the following resolution was proposed and adopted as corrected by Ms. Umstattd. 96-168 - RESOLUTION - ADOPTING THE LOUDOUN COUNTY EMERGENCY OPERATIONS PLAN AND READOPTING THE CHEMICAL EMERGENCY RESPONSE PLAN WHEREAS, the Loudoun County and Town of Leesburg Local Emergency Planning Committee (LEPC) has prepared the Loudoun County Emergency Operations Plan (EOP) and Chemical Emergency Response Plan (CERP) and have presented it to the Loudoun County Board of Supervisors for adoption; and WHEREAS, the Emergency Services and Disaster Law of 1973, as amended, Title 44-146.19 of the Code of Virginia, requires that the state and each county, city and town develop and maintain a current EOP; and WHEREAS, the Administration and Public Works Committee at its July 16, 1996 meeting voted unanimously to forward this matter to the tull Council for adoption with the following amendment: that the Town Manager of every town be added to the formal list of those to be notified immediately of any emergenc~y occurring within the corporate limits of that town. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Loudoun County Emergency Operations Plan and the Chemical Emergency Response Plan prepared by the Loudoun County and Town of Leesburg Local Emergency Planning Committee is hereby adopted, subject to the aforementioned amendment. VOTE: Nay: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem None NEW BUSINESS: Deputy Town Attorney Deborah Welsh addressed the Town Council requesting that a resolution be adopted regarding a two week time extension for the sale of Market Station. MOTION: On motion of Ms. Umstattd, seconded unanimously adopted. by Ms. Webb the followi'ng resolution was proposed and 96-169 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR SETTLEMENT ON MARKET STATION, VINEGAR HILL AND SOUTH STREET PARKING LOTS WHEREAS, Market Station L.L.C., has not completed the required survey for easements to be granted to the Town of Leesburg on the Market Station, Vinegar Hill and South Street parking lots; and WHEREAS, Market Station L.L.C., has requested a two week extension to complete such survey: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The time of settlement on Market Station, Vinegar Hill and South Street parking lots is hereby extended to August 14, 1996. VOTE: Aye: Nay: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem None MOTION: On motion ot; and duly seconded, 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 (3) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to discuss the acquisition of land for a high school site. CO 7/23/96 -5- VOTE: Aye: Nay: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem None MOTION: On motion of, and duly seconded, the following motion was made and resolution adopted: I move that the Executive Session be adjourned,'that the Leesburg Town Council reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. 96-170 - RESOLUTION ~ CERTIFYING EXECUTIVE SESSION OF JULY 23, 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. adjournet} at 8:30 p.m. On motion of, and duly seconded, the meeting was ~ "~/~FqI~A~ /~es E. Clem, Mayor Clerk of Council CO 7/23/96 -6-