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
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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:
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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
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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.
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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
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