HomeMy Public PortalAbout1996_10_08TOWN COUNCIL MEETING MINUTES OF OCTOBER 8, 1996
A regular mee~tg of the Leesburg Town Council was held on October 8, 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 (absent)
B. J. Webb
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas P~ Mason
Director of Planning, Zoning and Development Michael Tompkin,
Airport Manager Juan Rivera
Plmmer Marilce Seigfi'ied
Public Information Officer Susan Farmer
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
The minutes of September 24, 1996 will be resubmitted on October 23, 1996.
PETITIONERS
Mr. Charles Fincher, representing the LEDC, re. ad the following recommendation from the LEDC regarding the
Western Bypass and Draft Town Plan:
We support the Western Bypass to enhance the economic development of the international gateway of the
Washington Dulles International Airport in the Northern Vir~ifnia Regiom Such bypass must result in a fiver
crossing into Maryland, cross Route 7, provid~ access to Leesb~ be constructed to Interstat~ standards, and be
located a minimum of one mile cast of the Battlefield Parkway intemzhange with Route 7. And, Leesburg shall
continue to engage in discussions to that end with State and regional officials.
Mr. Jolm Rocca, representing the Leesburg Kiwanis Club, invited the Town Council to participate in this year's
Halloween Parade.
Mrs. David Pein, r, a resident of the Linden Hill Subdivision, strongly opposed any additional time extensions to
the perforn~ance ~.
Mr. Charles W~ representing Owens & Dove and the Linden Hill Subdivision, stated substantial
progress has been ~ad~ between Owens & Dove, the Linden Hill Homeowners Association and the town staff.
He stated Owens & Dove will complete the work and will not default on the bond. He also explained that some
of file major work earmot be completed until early spring.
Mr. Al Furnmn, a resident in the Linden Hill Subdivision, expressed support of Mr. Weatharhead's comments
and urged the Council to approve the request made by Owens & Dove to complete the work in the subdivision.
COUNCILMEMBER COMMENTS
Ms. Webb commended Couneilmember Trocino and George Barton for their efforts in Saturday's American
Heart Association's Healthy Choice Heartwalk.
Ms. Webb stated Bruce Roberts has been named to the Board of Trustees of Shenandoah University.
Ms. Webb thanked Mr. Rocca for his comments on the Halloween Parade.
Ms. Webb encouraged town staff to work with the residents in Linden Hill.
Ms. Emswiller thanked Mr. Weiss and the members of the LEDC and Mr. King for their hard work on the
conmfission.
Mr. Trocino announced that approximately $32,000 was raised for the Heartwalk.
Mr. Buttery briefly highlighted activities of the Baler Library Commission and encouraged the public to use the
library.
Mr. Webb had no conunents.
MAYOR'S REPORT
Mayor Clem stated thathe recently met with Chairman of th~ Board Dale Polan Myers and that a lot of issues
have been worked out, lmaieularly the issues surrounding the proposed new school sit~.
MANAGER'S REPORT
Mr. Brown stated Mr. Bob McDonald with VDOT will be present at the October 15, Administration and Public
Works Committee meeting to discuss the western bypass.
He thanked Lt. Stewart O%leil and the police department for their efforts during each town event.
He announced that ten bids were received for the public safety center and the process of evaluating these bids is
now underway.
Mr. Brown congratulated Mayor Clem and his wife on their retirement from the Federal Government at~r 37
years.
Mayor Clem introduced Mr. Johnny Johnson, President of the I.~sburg Lions Club.
LEGISLATION
9. (a)
MOTION:
On motion of Mr. Webb, seconded by Ms. Webb, the following ordinance was proposed and adopted.
96-0-29 - ORDINANCE - AMENDING THE TOWN CODE REGARDING PROJECTIONS OVER
STREET RIGHTS-OF-WAY
WHEREAS, the Ad Hoe Downtown Sign Committee reported their final
recolmnendations to Council on March 26, 1996, and
WHEREAS, there was a concern that existing regulations may be too restrictive on
dovmtown businesses; and
WHEREAS, it was suggested that amending the Town Code section regarding
projections over street rights-of-way would alleviate some concerns:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in V~ginia as
follows:
SECTION I. Article II of the Leesburg Town Code is amended as shown below:
ARTICLE II. PROJECTIONS OVER STREET RIGHTS OF WAY
Section 16-27. Permit required; compliance with Article.
Except as otherwi~ provide~ it shall be unlawful for any pemon to ~rect or maintain any street graphics,
awning, canopy, balcony or any object projecting over any public right-of-way of the town until and unless a
permit therefor shall have first been obtained from the town manager, and then only under the terms and
conditions as set forth in this article. Permits shall be subject to yearht renewal in order to ensure the projecting
graphic is maintained in a clean, neat, safe and orderly aL~vearance.
A permit shall not be required for the following graphics or actions, but such graphics shall be subject to all
other provisions of this article:
(1) Repainting of graphics without changing wording, composition or colors;
(2) Relocation of graphics as required by the town;
(3) All exempt graphics.
Section 16-28. Permit applications and plans.
A projection permit may be obtained upon application and payment of the required fee to the town manager on
fom~s prescribed by him. Applications shall include plans of the proposed projection with its size, shape, height,
location, letter style, lighting, color, construction and materials and specifications detailed thereon. If tho
proposed projection is to be located within an historic conservation district, a certificate of appropriateness shall
be issued by the Board of Architectural Review prior to the issuance of a permit by the town manager. The
Board of Architectural Review will independently develop specific design policy which addresses appearance,
material and sign copy, and restrictions on display times. Any projection hermit issued by the town manager
within the historic conservation district will comply with the standards established by the Board of Architectural
Review.
Section 16-30. Liability for damage.
The provisions of this article shall not be construed to relieve or to limit in any way the responsibility or liability
of any person who owns or erects any projecting object for personal injury or prol~'a'ty damage cansod by the
projecting object; nor shall the provisions of this article be construed to impose upon the town, its officers and its
employees, any responsibility or liability by reason of the approval of any projecting object under the provisions
of this article.
Section 16-31. Abandoned street graphics.
Any person who owns a graphic shall remove the legend fi'om it within 30 days after the activity it advertises is
no longer conducted and remove the graphic within six montlm after the activity it advertises is no longer
conducted.
Section 16-32. Unlawful projections.
Except as provided herein, any projecting object previously or he~at~r erected or maintained in violation of this
article shall be removed by the owner within ten days a~er receipt of written notification from the town manager.
If the owner fails to remove the object within the time specified, tho town manager shall have the object
removed and the owner shall pay the town for expenses incurred.
Section 16-33. Exemptions.
(a)
(b)
Graphics of a public non-commercial nature, including safety si?% danger signs, trespassing signs,
signs indicating scenic or historical points of interest, and any other official sign, provided it is erected
by a public officer in the performance of a public duty, are exempt from this article.
Wall display cases, awnings, canopies, balconies, marquees and buildin~ or parts of building existing
at the time of enactment of this Article (April 12, 1978) are exempt fi'om provisions of this Article
except Section 16-34 below.
(c)
Graphics existing at the time of enactment of this Article are exempt from permit fee requirements,
Section 16-32 and Section 16-35, provided:
(1) The requirements of Section 16-28 are met.
(2) The graphic shall have been in place for at least 25 years.
(3) The graphic shall be designated a classic by the Board of Architectural Review and shall have
unusual style, aesthetic qualifies, or other distinctive characteristics rendering it unique among
graphics.
Decorative flags or sandwich boards on the public sidewalk which advertise an activity conducted on
the adjacent premise. Any such display must not interfere with the free and unencumbered passage of
pedestrians, and be maintained in good condition and allow at least a three-foot passage for pedestrians.
Section 16-34. Maintenance requirements.
All projections together with all their supports, braces, hooks, guys and anchors shall be substantial and sturdy
construction; shall be kept in good repair; and shall be painted or cleanext as ofi~n as nlx~ssary to maintain
clean, neat, safe and orderly appearance.
Section 16-35. Street graphics; prohibitions and general requirements.
No street graphic shall be constructed, reconstructed, eromM, relocat~ or maintained which:
(1) Prevents fre~ ingre~ or egress from any door, window or fire escape.
(2)
Covers or intrudes upon any architectural features of a buildin~ such as windows, column% moldings or
any major decoration;
(3)
Obstructs free and clear vision or distracts the attention of the driver of any vehicle by mason of its
position, shape, color, reflection or illnmiuation;
(4)
Bears or contains statements, words or pictures of an obscene, indecent or immoral character which WIll
offend public morals or decency.
(5)
Advertises or publicizes an activity, business, product or service not conducted on the premises adjacent
to the public right-of-way upon which such graphics are maintained;
(6) Is in any way animated; emits smoke, visible vapors, particles, sound or odor;
(9) Is located on a utility pole, tree or rock;
(L_0)
Is not hung from brackets, not attached fiat against the building or not painted upon other surface of an
existing building;
(1_1)
Projects, in whole or in par~, from the fight-of-way line over a fight-of-way more than three and one-
half feet, except seasonal decorations, existing awnings, canopies and marquees;
(12) Is a time-temperature device or a reader board;
(13)
Is illuminated with any color light other than white light and which source of light is visible from a
pedestrian level;
(14_) Is internally illuminated.
Section 13-36. Permiffed projections.
Subject to the provisions of this Article, the following projections and street graphics are permitted to be placed
over street rights-of-way.
(1)
(2)
(3)
(4)
(5)
(6)
Section
Architectural features of buildings such as cornices, eaves and bay windows;
Window plant boxes and mailboxes;
Wall graphics;
Projecting graphics;
Temporary window graphics;
Seasonal decorations.
16-37. Specific requirements for permitted projections.
Pemfitted projections and street graphics may be placed over street rights-of-way only ia the following manner.
(1) Architectural features, including gutters and down-spouts, window plant boxes and mailboxes may
project not more than 12 inches.
(2)
Thc combined area and number of wall graphics and projecting graphics shall not exceed the limits per
building as specified by any other ordinance of the town.
(3)
Wall graphics for any activity conducted on the premises may be displayed by attachment flat to the
wall.
(4)
One graphic per street entrance into a building may announce activities conducted on the premises, may
project not more than three and one-half feet, shall have a minim~lm clearance of seven feet, six inches
above the sidewalk, shall not exceed ten square feet ia area and shall project perpendicularly from thc
building wall; provided the total area of all projecting graphics shall not exceed ia area ten square feet,
plus one square foot for every four lineal feet of building frontage.
(5)
Projecting graphics shall be located no higher than thc sill of a second floor window or 14 feet above the
sidewalk, whichever is less; except, however, if the Board of Architectural Review deems a projecting
graphic appropriate ia a higher or lower location, the town manager may permit such exception.
(6)
Temporary window graphics for all activities shall occupy not more than 25 percent of the area of the
window ia which such graphics are displayed and shall not remain in place for more than eight weeks.
(7)
Seasonal decorations shall be permitted for display purposes by a civic organization or governmental
agency with no fee charged provided a plan for the location of such decorations is submitted to the town
manager at least two weeks prior to the date that the decorations are proposed to be placed. Such plan
shall show that Section 16-35 of this Article will be complied with.
Section 16-38. Oermifions.
For the purpose of this Article, certain terms and words are defined as follows:
Animated graphics:
(1) Movement of a sign body or any segment thereof such as rotating, revolvin~ moving up or
down or any other type of action involving a change of position of a sign body or segment
thereof, whether caused by mechanical illusion or other means;
(2) Lighted sign on an intermittent or flashing circuit or the movement of any light used ia
connection with any sign such as blinking, traveling, flaring or changing degree of intensity.
The projecting overhang at the lower edge of a roof.
Front or frontage.
Surfaces of any building or facility that presents themselves to a public right-of-way giving immediate
access to the premises.
Graphics.
Any device used for visual communication, including signs.
Indirect lighting.
The usc of fluorescent, and other vapor light, or incandescent lighting to illuminate a street graphic from
behind the lettering or from inside the graphic structure.
Marquees, canopies, awnings.
Various forms of permanent, temporary, or portable roof-like coverings for entrances and windows.
Projecting graphic.
A graphic attached to a building or other structure and extending from the building wall or smaemre.
Readerboard
A graphic with_movable characters for a temporary message.
Sign.
Any device employing letters, words, symbols, etc., used or intended to attract the attention of the public
from streets, sidewalks or other outside public areas. (Se~ street graphic.)
Street graphic.
Every sign, bulletin board, ground sign, wall and roof sign, reader board, window sign, illuminnuxl sign,
projecting sign, official sign, includin~ any letter, word, number, logo, symbol, or combination thereof,
model, mural, decoration, banner, flag, pennant, clock, thermomem', insignia, light or combination of
lights, used or placed as an announcement or declaration to identify, advertise or promote the interest of
any person, place, product or corporation when the same is placed in view of thc general public from
outside thc structure, including interior window signs on which it is plac~L
Wall graphic.
A sign attached to, painted on or erected again.~t a wall or flat vertical surface of a sm with the
exposed face of the sign on a plane parallel to the face of said vertical surface.
Window graphics.
All signs attached to or applied directly onto the internal or external surface, or set back less than one
foot from the interior surface, of any window in view of the general public from outside the structure.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining
provisions of the Zoning Ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
VOTE:
Nay:
Absent:
Councilmembers Buttery, Emswiller, Troeino, B.J. Webb, Wm. Webb and Mayor Clem
None
Councilmember Umstattd
9.(b)
MOTION:
On motion of Mr. Webb, seconded by Ms. Webb, the following ordinance was proposed and denied.
AN ORDINANCE:AMENDING SECTIONS 2A-7. PROHIBITED USES; SECTION 4b-3. SPECIAL
EXCEPTIQN USES; SECTION 4B-8. USE LIMITATIONS; AND SECTION 1 IA-7. SPECIFIC
REVIEW ~RITERIA OF THE LEESBURG ZONING ORDINANCE TO PERMIT INDOOR
PUBLI(~ bI, JTOMOBILE AUCTIONS IN THE B-2 ESTABLISHED CORRIDOR COMMERCIAL
ZONING DISTRIC~r BY SPECIAL EXCEPTION
WHEREAS, automobile auctions are prohibited within the Town of Leesburg; and
WHEREAS, on August 13, 1996 Council initiated and referred Resolution 96-186 to the Planning
Conmfission for consideration; and
WHEREAS, the proposed zoning ordinance text amendments would permit indoor public automobile
auctions in the B-2 Established Comdor Comm~xfial zoning district; and
WHEREAS, on September 19, 1996 the Planning Commission held a public hearing on the proposed
text amendments and forwarded to Council a recommendation to adopt Resolution 96-186, as modified; and
WHEREAS, on September 24, 1996, Council held a public hearing on these proposed amendments.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vk~t, inia as follows:
SECTION I. The Le~sburg Zoning Ordinance is hereby amendad as follows:
Section 2A-7. PROHIBITED USES
(1)
Uses Prohibited in all Districts. The following uses are prohibited in ail zoning districts within
the Town of Leesburg:
a. Abattoirs and/or rendering plants
b. Outdoor Automobile Auctions
c. Automobile graveyards
Section 4Bo3. SPECIAL EXCEPTION USES
(4) Commercifil Uses
p. Indoor public automobile auctions
Section 4B-8. USE LIMITATIONS
(4)
Indoor public automobile auctions shall be held within a ~completoly _enclosed building: Tho
emanating from inside the building over and above the noise levels generated by non-auction
r~a~y~s~a~s~.~vLti~;~d~r~p~u~b~h~~~~y~~
inside buildings which are approved for Special Exception Uso as active vehicle sales and/or
r.e...n..t...a~.~f.a...~..i.1.l....u:.e...s.~...u~...d..~.r~.s.~..ti..~..n..~.4~,~9~f~~~~¢~r ~u~!~..~mg.~
auctions may only be operated as an ancillary use to the primary use of active vehicle sales
auctions, includin~ customer vehicles, shall park in marked
getting devices associated with indoor public automobile
ancillary use to the primary_ usc of active vehicle sales
shall be set forth in the special exception conditions.
SECTION II. All prior ordinances in conflict herewith arc repealed.
SECTION IlL Severability. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining
provisions of the zoning ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Couneilmembers B.J. Webb and Wm. Webb
Nay: Councilmembers Buttery, Emswiller and Mayor Clem
Abstain: Councilmember Trocino
Absent: Councilmcmber Umstattd
9.(c) was rendered null and void as a result of the denial of 9.(b)
9. (d)
MOTION:
On motion of Mr. Buttery, seconded by Mr. Trocino, thc following resolution was proposed and adopted.
96-205 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR LINDEN HILL
PHASE II
WHEREAS, Linhab Development Company, the developer of Linden Hill Phase H, has not completed
all the required public improvements in accordance with thc approved construction drawings and town standards
within the two-year period agreed to in the contract for public improvements and previously approved time
extensions adopted by Town Council on January 10, 1995 by Resolution g95-7 on February 13, 1996 by
Resolution #96-21 and on July 9, 1996 by Resolution g96-165; and
WHEREAS, Owens and Dove, Inc. is a party to the contract for installation of public improvements and
is also listed as a principal in the corporate surety bond from Fidelity and Deposit Company of Maryland; and
WHEREAS, Owens and Dove, Inc. has agreed to finish the project in order to avoid a claim again.~t the
performance guarantee; and
WHEREAS, Owens and Dove, Inc. has requested a time extension to November 12, 1996 in order to
prepare a comprehensive plan including pricing and scheduling to complete the unfinished work
items; and
WHEREAS, a corporate surety bond in the amount of $58,985.71 from tho Fidelity and Deposit
Company of Maryland was provided by the developer to guarantee the installation of public improvements in
Linden Hill Phase II; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $58,985.71 to
guarantee installation of the remaining public improvements for Linden Hill Phase II.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virglfnia as follows:
SECTION I. The corporate surety bond from the Fidelity and Dqx~it Company of Maryland in the
amount of $Sg,ggs.71 is approved to guarantee the installation of public improvements in Linden Hill Phase II.
SECTION II. A time extension to November 12, 1996 for completion of the public improvements is
approved.
DISCUSSION:
Mr. Buttery stated this has been a very flustrafing exercise for the residents of Linden Hill. He is very
encouraged with Owens & Dove coming forward to rectify the problems in the subdivision.
Mayor Clem concurred with Mr. Buttery's comments.
Mr. Mason stated he is very optimistic that the work will be completed by Owens & Dove.
Mr. Al Furman, a resident in Linden Hill, stated the agreement reached is reasonable and responsible. He
encouraged the Council to adopt the legislation as presented tonight.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Troeino, B.J. Webb, Wm. Webb and Mayor Clem
Nay: None
Absent: Councilmember Umstattd
9.(e)
MOTION:
On motion of Mr. Webb, seconded by Mr. Troeino, the following resolution was denied.
A RESOLUTION:MAKING AN APPROPRIATION TO REIMBURSE MARKET STATION, LLC
FOR COSTS RELATED TO THE SALE OF MARKET STATION AND THE
PARKING LOT
VINEGAR HILL
WHE~ Market Station, LLC prepared an easement of dedication for Harrison Street that was
needed to complete the sale of Market Station and Vinegar Hill parking lot; and
WHEREAS; Market Station, LLC has requesl~l reimbursement in the amount of $2400 for the
dedication plat and' easement.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
An appropriation of $1200 is hereby authorized from the unappropriated general fund balance for the
purpose of reimbursing Market Station, LLC for the easement of dedication and plat for Harrison Street resulting
from the sale of Market Station and Vinegar Hill parking lot.
VOTE:
Aye:
Nay:
Absent:
None
Councilmembers Buttery, Emswiller, Troeino, Wm. Webb, B. J. Webb and Mayor Clem
Councilmember Umstattd
9. (0, (g), (h), (i), (j), (k), (!), (m), (n), (o), (p)
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the following resolutions were proposed as consent items and
adopted.
96-206 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERM1TS FOR
RIVER CREEK PHASE 1, SECTION lA; PHASES II & III, SECTION 1
RESOLVED by the Council of the Town o£ Leesburg in Virgifnia as follows:
SECTION I. The manager shall execute the contract for public improvements for the improvements
sho~q~ on the plans approved by the Director of Engineering and Pubhc Works for River Creek Phase 1, Section
1 A Phases II & III, Secfign 1.
SECTION H. The extension of municipal water and sewer for River Creek Phas~ 1, Section lA Phases
II & III, Section I is approved in accordance with Sections 15-9 and 19-18 of th~ Town Code.
SECTION m. The corporate surety bond in a form approved by the town attorney from the Fidelity and
Deposit Company of Maryland in the amount of $282,941.00 is approved as security to guarantee installation of
the public improvements shown on plans approved by the Director of En~neering and Public Works for River
Creek Phase 1, Section lA Phases II & m, Section 1.
96-207 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS AT UNITED STATES COMBINED TRAINING
HEADQUARTERS CUSCTA)
ASSOCIATION
WHEREAS, The Westmoreland Davis Memorial Foundation, Inc., the developer of the United States
Combined Training Association Headquarters (USCTA) 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
$20,900.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in
the amount of $1,045.00 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 convc~.ng
unto the town all such improvements and easements free of any hens or charges.
96-208 - RESOLUTION - RELEASING THE PERFORMANCE GUARANTEE FOR POTOMAC
CROSSING SCHOOL SITE (BALLS BLUFF ELEMENTARY) ROUGH GRADING
WHEREAS, Arcadia Building Company, the develol:~r of Potomac Crossing School Site (Balls Bluff
Elementary) Rough Grading has completed the public improvements in accordance with approved plans and
town standards, and these have been inspected and approved; and
WHEREAS, there are no public improvements for the town to accept in this section since the public
improvements were transferred to the Potomac Crossing/Battlefield Parkway Plans.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from The American Insurance Company in the amount of
$65,387.00 is released.
96-209 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE
PUBLIC IMPROVEMENTS INSTALLED IN EXETER HILLS SECTION 5A
FOR
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Exeter Hills Section 5A and certified that the value of work performed is
$881,520.20; and
WHEREAS, the corporate surety bond in the amount of $1,052,212.00 from The American Insurance
Company was provided by the developer and approved by the Council to guarantee installation of public
improvements for Exeter Hills Section SA.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from The American Insurance Company in the amount of
$1,052,212.00 is reduced to $170,691.80.
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 Exeter Hills Section 5A.
96-210 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN RIVER CREEK PARKWAY SOUTH
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in River Creek Parkway South and certified that the value of work performed is
$915,414.30; and
WHEREAS, the corporate surety bond in the amount of $1,017,127.00 from Fidelity and Deposit
Company was provided by the developer and approved by the Council to guarantee installation of public
improvements for River Creek Parkway South.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vksinia as follows:
SECTION I. _~The corporate surety bond bom Fidelity and Deposit Company in the amount of
$1,017,127.00 is reduced to $101,712.70.
SECTION II. The Town Manager shall notif~ 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 River Creek Parkway South.
96-211 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN RIVER CREEK PARKWAY
RELOCATION
WHEREAS, the town's Director of Engineering and Public Works lure reviewed the public
improvements installed to date in River Creek Parkway Waterline Relocation and certified that the value of work
performed is $196,985.70; and
WHEREAS, the corporate surety bond in the amount of $218,873.00 from Fidelity and Deposit
Company was provided by the developer and approved by the Council to guarantee installation of public
improvements for River Creek Parkway Waterline Relocation.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from Fidelity and Deposit Company in the amount of
$218,873.00 is reduced to $21,887.30.
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
iznprovements for River Creek Parkway Waterline Relocation.
96-212 - RESOLUTION - ADOPTING AN ETHICS POLICY FOR TOWN COUNCIL
WHEREAS, the Persom~el Committee has recommended the adoption of an Ethics Policy as guidance
for Town Council; and
WHEREAS, at its October 1, 1996 meeting, the Administration and Public Works Committee
reconunended adoption by the full Council.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~'nia as follows:
The attached document is hereby adopted as the official Ethics Policy of The Town Council.
96-213 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS PROPERTY
and
WHEREAS, town departments have submitted surplus furniture, equipment, and vehicles for disposal;
WHEREAS, town surplus property must be disposed of in accordance with procurement policies.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is authorized and directed to advertise and sell the following surplns
property:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13,
14
15
16
17
18
19
20
21.
22.
23.
24.
2 - microfiche readers
I - microfilm reader/printer
13 - children's chairs
1 - TDD machine
1 - slide projector
2 - typewriters
1 - upholstered arm chair
I - portable bike rack
1 - 5-drawer file cabinet
1 - child's table
2 - desks
1 - laser printer
2 - weight scales
1 - cash register
1 - swim trainer
1 - cassette player
2 - battery chargers
4 - portable files (letter size)
3 - portable stereo boxes
11 - folding tables
1 - wall hung paper holder
1 - 2-drawer portable file
1 - patio umbrella with stand
1 - patio ottoman
25.
26.
27.
28.
29.
30.
31.
32.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
9 - pa. rio chaise lounge chairs
11 - patio chairs
3 - patio tables
7 - patio table fi.ames
1 - aluminum door frame
10 - paper trays
2 - wooden display racks
1 - copy machine
200 - shirts
100 - pants
1 - 2hp Colt air compressor
5 - fluorescent light fixtures
1 lot - polystyrene insulation board
7 - floppy drives
2 - punching bag covers
2 - volleyball standards
1 - lateral pull down exercise bar
1 - 40 gallon water tank
1 - 3" trash pump
1 - portable paint sprayer
1 - 1973 John Deere 1020 tractor-loader
1 - 1982 Elgin Sweeper
1 - 1989 Chev. Caprice (#369)
1 - 1986 Chev. Caprice (#176)
1 - 1985 Chev. Impala (#113)
1 - 1986 Chev. Caprice (#102)
1 - 1972 Int. Bucket Truck (#51)
i - 1979 Box Truck F-500 (#35)
1 - 1985 Dodge Pick-up service body (#43)
1 - 1973 Chev. Step Van truck
1 - Woods Rotary HS105-Slope mower
1 - Woods belly mower
SECTION II. The surplus property will be sold at public auction.
96-214 - RESOLUTION - AUTHOR/ZING REIMBURSEMENTS FOR CAFrAIL BRANCH SEWER
DESIGN
and
WHEREAS, the town recently completed construction of the Cattail Branch sewer conveyance system;
WHEREAS, Resolution #96-200 adopted by Council September 24, 1996 amended the Cattail Branch
Sewer Pro-rata to reflect a reduction in total project costs; and
WHEREAS, the amended pro-rata included reimbursable costs in the amount of $356,770.78 owed to
River Creek L.L.C, and Pinnacle Development for services provided in design of the project.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby directed to reimburse River Creek L.L.C. in the amount of $264,770.78
and Pinnacle Development in the amount of $92,000.00 for services provided in design of the Cattail Branch
sewer conveyance system.
96-215 - RESOLUTION - AUTHORIZING THE AWARD OF THE AIRPORT FUEL STORAGE
FACILITY CONSTRUCTION CONTRACT TO IL L. RIDER
WHEREAS, the construction of a Fuel Storage Facility at the Leesburg Municipal Airport is an
approved Capital Improvement Plan project on the Airport Layout Plan; and
WHEREAS, the Town advertised for sealed bids for the constxuction of the Fuel Storage Facility and
proposal received on August 8, 1996, pursuant to state and local procurement laws; and
WHEREAS, based on the three complete and responsive proposals received, IL L. Rider was found to
be the low bidder; and
WHEREAS, IL L. Rider's bid was $303,762.00 to complete the Fuel Storage Facility; and
WHEREAS, 1L L. Rider completed a project of similar design at Warrenton-Faquier Airport.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
The town manager is hereby authorized and directed to en~ into a contract, in a form approved by the
town attorney, with IL L. Rider in the amount of $303,762.00 for the construction of a Fuel Storage Facility at
the Leesburg Municipal Airport.
96-216 - RESOLUTION - COMMENTING ON A POTENTIAL SITE FOR A TRUCK WEI(3H
STATION
WHEREAS, a_]etter dated September 19, 1996, from Chairman Dale Polea Myers of the Loudoun
County Board of Supervisors transmitted minutes of the Route 15 Citizens Task Force meetings to Mayor Clem;
and
WHEREAS, the Task Force is considering sites for a truck weigh and inspection station along Route 15
in and near Leesburg; and
WHEREAS, the Administration and Public Works Committe~ on October 1, 1996, recommended that
Town Council adopt a resolution formally recommending that the site near Lucketts offers the safest and most
effective location for the truck weigh and inspection station; and
WHEREAS, sites on the Leesburg Bypass Route 15 may encourage trucks to use Business Route 15 to
bypass the station and would generate noise and congestion near residential areas on l.~esburg's Bypass.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The site north of Leesburg and just south of Lucketts is hereby recommended as the appropriate location
for the potential truck weigh and inspection station.
VOTE:
Aye: Councilmember Buttery, Emswiller, Trocino, B. J. Webb, Wm. Webb and Mayor Clem
Nay: None
Abstain: Couneilmember Trocino from 9.(g)
Absent: Councilmember Umstattd
9.(r) was deferred.
MOTION:
On motion of, 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
Cotmcil convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344 (a),
Subsections (1) and (3) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to
consider an appointment to the BAR and a new Leesburg area high school site.
VOTE:
Aye: Councilmember Buttery, Emswiller, Trocino, Wm. Webb, B. J. Webb and Mayor Clem
Nay: None
Absent: Councilmember Umstattd
MOTION:
On motion of, and duly seconded, the following motion was made:
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.
VOTE:
Aye:
Nay:
Absent:
Councilmember Buttery, Emswiller, Trocino, Wm. Webb, B. J. Webb and Mayor Clem
None
Couneilmember Umstattd
MOTION:
On motion of, and duly seconded, the following resolution was proposed and adopted.
96-217 - RESOLUTION: CERTIFYING EXECUTIVE SESSION OF OCTOBER 8, 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 lawfiflly 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 oonsidered by the Leesburg Town Council.
VOTE:
Aye: Councilmember Buttery, Emswiller, Trocino, Wm. Webb, B. J. Webb and Mayor Clem
Nay: None
Absent: Couneilmember Umstattd
MOTION:
On motion of, and duly seconded, the following resolution was proposed and adopted.
96-218 - RESOLUTION'- MAKING AN APPOINTMENT TO THE BOARD OF ARCHITECTURAL
REVIEW
1997.
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Teresa Minchew is appointed to the Board of Architectural Review for a term to expire on June 30,
VOTE:
Aye: Councilmember Buttery, Emswiller, Troeino, Wm. Webb, B. J. Webb and Mayor Clem
Nay: None
Absent: Councilmember Umstattd
MOTION:
O11 motion of, and duly seconded, the meeting was adjourned.
a(es E. Clem, Mayor
Clerk of Council