HomeMy Public PortalAbout1996_11_05 (2)SPECIAL MEETING MINUTES
NOVEMBER 5, 1996
A special meeting of the Leesburg Town Council was held on Tuesday, November 5, 1996,
following the Finance Committee meeting, in the Lower Level meeting room, 25 West Market Street.
Notice having been delivered to all Councilmembers priorthereto. The purposes of the meeting were
to consider a performance guarantee tbr the Middleburg Bank. Tour the Thomas Balch Library to
discuss the proposed renovations and to consider the acquisition of real property. 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 Stevcn C. Brown
Deputy Town Manager Gary Huff
Director of Engineering and Public Works Thomas A. Mason
Deputy Town Attorney Deborah Welsh
MOTION:
On motion of, and duly seconded, the tbllowing resolution was proposed and adopted.
96-233 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
THE MIDDLEBURG BANK
WHEREAS, thc final construction drawings tbr The Middleburg Bank Permanent Bank Site have
received conditional approval: and
WHEREAS, The Planning Commission approved a variation for the Middleburg Bank
Development Plan to waive the construction of a sidewalk north of the Harrison Street entrance to the
bank site; and
WHEREAS, The Middleburg Bank agreed to make a cash donation of $4,000.00 to the town to
be used for construction of sidewalks in the vicinity of the Middleburg Bank site.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION !. Thc manager shall execute the contract for public improvements for the
improvements shown on thc plans approvcd by the Director of Engineering and Public Works for The
Middleburg Bank.
SECTION II. The extension of water and sewer for The Middleburg Bank is approved in
accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. A cash bond in the amount of $83,538.68 is approved as security to guarantee
installation of the public improvcmcnts shown on plans approved by the Director of Engineering and
Public Works for Thc Middlcburg Bank.
SECTION IV. A contribution from Middleburg Bank in the amount of $4,000.00 is accepted
and shall be used tbr construction of sidewalks in the vicinity of the Middleburg Bank site.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, Wm. F. Webb and Mayor Clem.
Nay: None
Absent: Councilmembcr Umstattd
MOTION:
On motion of, and duly seconded, tile tbllowing resolution was proposed and adopted.
96-234 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE
FOR PUBLIC ! M PRO VE M ENTSINSTALLED AT THE MIDDLEBURG BANK CATOCTIN
CIRCLE DRAINAGE IMPROVEMENTS
WHEREAS, tile town's Director of Engineering and Public Works has reviewed the public
improvements installed to date at the Middleburg Bank Catoctin Circle Drainage Improvements and
certified that the value of work performed is $123,390.00; and
WHEREAS, a cash bond in the amount of $137,100.00 was provided by the developer and
approved by the Council to guarantee installation of public improvements for the Middleburg Bank
Catoctin Circle Drainage Improvements.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Tile cash bond in the amount of $137,100.00 is reduced to $13,710.00.
SECTION II. The Town Manager shall notify the developer that liability for cash bond funds
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 lbr the Middleburg Bank Catoctin Circle Drainage Improvements.
VOTE:
Aye: Councilmembcrs Buttcry, Emswiller, Trocino, B. J. Webb, Wm. F. Webb and Mayor Clem.
Nay: None
Absent: Councilmember Umstattd
MOTION:
On motion of, and duly seconded, the tbllowing 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 consider tile acquisition of real property.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, Wm. F. Webb and Mayor Clem.
Nay: None
Absent: Councilmember Umstattd
MOTION:
On motion of, and duly seconded, thc tbllowing motion was made.
I move that tile 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:
Nay:
Absent:
Councilmembers Buttery, Emswiiler, Trocino, B. J. Webb, Wm. F. Webb and Mayor Clem.
None
Councilmember Umstattd
MOTION:
On motion of, and duly seconded, the following resolution was proposed and adopted.
96-235 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF NOVEMBER 5, 1996
WHEREAS, thc Town Council of the Town of Leesburg, Virginia, has this day convene~l in
Executive Session in accordaacc with an at'firmative recorded vote of the Leesburg Town Council and
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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.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, Wm. F. Webb and Mayor Clem.
Nay: None
Absent: Councilmembcr Umstattd
The Town Council and members of staff toured the Balch Library to discuss the proposed renovations.
MOTION
On motion of, and duly seconded, the meeting was adjourned.
Clerk of Council
E. Clem, Mayor
Town of Leesburg
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