Loading...
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