HomeMy Public PortalAbout1996_11_26TOWN COUNCIL MEETING MINUTES OF NOVEMBER 26, 1996
A regular meeting of the Leesburg Town Council was held on November 26, 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, .Ir.
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
Director of Planning, Zoning and Development Michael Tompkins
Director of Engineering and Public Works Thomas A. Mason
Assistant Town Manager tbr Economic Development John Henry King
Deputy Town Attorney Deborah Welsh
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION:
On motion of Ms. Webb, seconded by Ms. Umstattd, the regular meeting minutes et' November 12, 1996
were approved as submitted.
VOTE:
Aye: Councilmembers Emswiller, Trocino, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem
Nay: None
Abstain: Councilmember Buttery
MOTION:
On motion of Mr. Webb, seconded by Ms. Umstattd the following proclamation was proposed and
unanimously adopted.
National Family Week
Novcmbcr 25, [996 - December [, 1996
WHEREAS, families are thc basic building block of society; and
WHEREAS, familics providc life, love unity and security; and
WHEREAS, a family's well-being is vital to tile strength and success of our community; and
WHEREAS, as we reflect and celebrate our own family lite during National Family Weck and
this Thanksgiving, let us reaffirm our commitmcllt as individuals and as a community to establish policies
and programs that hclp parents, childrcn and all individuals.
THEREFORE, BE IT RESOLVED, that the Mayor and Town Council of the Town of Lccsburg
do hereby proclaim November 25, 1996 through December 1, 1996 as
National Family Week in Leesburg, Virginia
and call upon all citizens, government agencies, public and private institutions, and businesses to observe
this week with appropriate ceremonies and programs in appreciation of our communities families.
VOTE:
Aye:
Nay:
Councilmcmbers Buttery, Emswillcr, Trocino, Umstattd, B.J. Webb, Wm. Wcbb and Mayor Clem
None
PETITIONERS
Mr. Max Kipfer, Gcncral Manager of Cablcvision of Loudoun, addressed tile Council seeking the
Council's help. Mr. Kipfcr explained that thc developers of Potomac Station are not willing to give
easement rights for the installation of cable unless Cablevision pays a fee per home.
Mr. Trocino suggested suspending processing of plans for this development until all the legal issues are
resolved.
Mr. Webb pointed out there is currently no requirement in the town or county that states utility
companies or public services have to have TEC easements.
Mayor Clem asked Mr. Brown to schedule a meeting with all parties involved.
Mr. Steve Stockman representing Cornerstone Chapel, requested the initiation of a text amendment to
Section 4E of the town's Zoning Ordinance to allow a place of worship in the I-1 Industrial zone.
This matter was referred to the December 3, 1996 Planning and Zoning Committee meeting for further
consideration.
Mr. Matt Swalarski, a resident of Leesburg expressed concern with town expenditures and the position
and salary of the Deputy Town Manager. He encouraged the Town Council to take careful consideration
of the town's taxes.
COUNCILMEMBER COMMENTS
Ms. Webb congratulated Loudoun County High School on the tremendous fall season it has experienced.
Ms. Webb's E-Mail address is BJ Webb site @ AOL.COM.
Ms. Webb stated she hopes the boards and commissions have sufficient opportunity to discuss the budget
needs for their departments during budget deliberations.
Ms. Webb asked when the soils report for the proposed water tower site will be available?
Mr. Brown stated this report will be available on December 11, 1996.
Ms. Webb wished everyone a Happy Thanksgiving.
Ms. Emswiller congratulated Mr. Lee Daniel Kent, Teacher of tile Year and Mr. Jim Person Loudoun
County Principal of the Year.
Ms. Emswiller reminded everyone of tile Joint Public Hearing scheduled on Wednesday, December 11,
1996 to consider Rezoning Application #ZM-150 Leesburg Corner Outlet Mall, town plan amendment,
and Special Exception Application #SE-96-05 by Chelsea GCA Realty, Inc., and Walnut Partnership.
Mr. Trocino wished everyone a Happy Thanksgiving.
Ms. Umstattd commended Gary Huff and Chuck Thornton for their presentations at the ISTEA Funding
public hearing to include Balls Bluff in the request. Also Nestor Sanchez for his presentation on Dodona
Manor.
Ms. Umstattd stated she heard the upcoming Town of Leesburg Christmas Parade advertised on WMZQ
and thanked Mr. King and Ms. Farmer tbr their efforts in this.
Mr. Buttery had no comment.
Mr. Webb had no comment.
MAYOR'S REPORT
Mayor Clem reported on tire public hearing held on November 21, at tire Farmwell School regarding the
Western Bypass. He stated the town received favorable response and support of the resolution as well
as Leesburg's position.
Mayor Clem attended a banquet on November 24th for the high school football team. He attended an
Open House at Loudoun Country Day School and the groundbreaking ceremonies for the town's new
public safety center.
MANAGER'S REPORT
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Mr. Brown briefly highlighted the Managcr's Report.
LEGISLATION
10. (a), (b), (c), (d), (e), (f), (g), (h), (j), (k), (i), (m), (n), (o), (p), (q)
MOTION:
On motion of Mr. Webb, seconded by Mr. Buttery, the following resolutions were proposed as consent
items and unanimously adopted.
96-246 - RESOLUTION - AUTHORIZING A NOTICE OF JOINT PUBLIC HEARING TO
CONSIDER REZONINGAPPLICATION #ZM-150LEESBURGCORNEROUTLET MALL,
TOWN PLAN AMENDMENT, AND SPECIAL EXCEPTION APPLICATION #SE-96-05 BY
CHELSEA GCA REALTY, INC., AND WALNUT PARTNERSHIP
RESOLVED, by tile Council of thc Tmvn of Leesburg in Virginia, as follows:
A Notice of Public Hearing for rezoning application #ZM-150 Leesburg Corner Outlet Mall,
Town Plan amendment, and Special Exception Application #SE-96-05 by Chelsea GCA Realty Inc., and
Walnut Partnership will be considcrcd jointly by the Lecsburg Town Council and the Lccsburg Planning
Commission and shall bc published in thc Lccsburg Today on November 27, 1996 and December 4, 1996
for a joint public hearing on Wedncsday, December 11, 1996 in the Council Chambers or' the
Government Center at 25 West Market Street, Lccsburg, Virginia 20175.
96-247 - RESOLUTION o AUTHORIZING AN EXTENSION FOR COMPLETION OF A PUBLIC
PARK WITHIN THE KINCAID FOREST PLANNED RESIDENTIAL NEIGHBORHOOD
WHEREAS, in tile approved rezoning plan for Kincaid Forest (ZM-110), tile applicant proffered
to convey a 6.23 acre park and specific recreation facilities to be completed with the first phase of
development; and
WHEREAS, Council approved Resolution 95-242 on December 5, 1995, authorizing an
agreement and approving a per/brmancc guarantce tbr tile public park located in the Kincaid Forest
Planned Residential Neighborhood: and
WHEREAS, Council approved Resolution 96-72 on April 23, 1996 in order to fitcilitate a
redcsign of the park in order to address safety concerns raiscd by the Department of Parks and
Recreation; and
WHEREAS, on August 13, 1996, by Rcsolution 96-172, Council extended the completion date
to November 30, 1996, based on First Potomac Dcvclopmcnt Company's diligence in pursuing completion
of tile park's development plan so constrt~ction could commence: and
WHEREAS, tile applicant, First Potomac Development Company, has begun construction of the
park and is continuing to diligently pursue completion of thc park site plan, in accordance with the
approved plan:
THEREFORE, RESOLVED by the Council of tile Town of Leesburg as tbllows:
The date for completion of tile public park in Kincaid Forest contained in Resolution 95-242 and
modified by Resolution 96-72 and Resolution 96-172; is hereby extended to no later than January 14,
1997. This extension is subject to thc continued due diligence of the applicant in pursuing completion
of tile park site.
96-248 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
KINCAID FOREST SECTION I
WHEREAS, First Potomac Dcvclopmcnt Company, the developer of tile Kincaid Forest Section
1, has not completed all the required public improvements in accordance with the approved construction
drawings and town standards within thc txvo year period agreed to in tile contract for public
improvements and previously approvcd time extension; and
WHEREAS, tile devclopcr has requested a one year time extension to complete the public
improvements; and
WHEREAS, the developer, members of the Kincaid Forest Homeowners Association and town
staff have met and reviewed concerns of the homeowners; and
WHEREAS, the developer has completed several items which the Homeowners Association had
requested; and
WHEREAS, a corporate surety bond in the amount of $247,424.38 from the American Motorists
Insurance Company was provided by the developer to guarantee the installation of public improvements
for Kincaid Forest Section 1; and
WHEREAS, the Director of Engineering and Public Works has approved tile amount of
$247,424.38 to guarantee installation of the remaining public improvements for Kincaid Forest Section
1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Motorists Insurance Compa. ny in
the amount of $247.424.38 is approved to guarantee the installation of public improvements in Kincaid
Forest Section 1.
SECTION II. A time extension of one (1) year tbr tile completion of the public improvements
is hereby approved for Kincaid Forest Section 1.
96-249 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
KINCAID FOREST SECTION 6B
WHEREAS, First Potomac Dcvclopmcnt Company, the developer of the Kincaid Forest Section
6B, 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
WHEREAS, tile developer has requested a one year time extension to complete
the public improvements; and
WHEREAS, the developer, membcrs of tile Kincaid Forest Homeowners Association and town
staff have met and reviewed concerns or' the homeowners; and
WHEREAS, the developer has completed several items which tile Homeowners Association had
requested; and
WHEREAS, the Homeowners Association provided tile town with recommendations for approval
of the requested time extension with tile condition that the bike trail along the east side of Kincaid
Boulevard in Sections 6A and 6B be complctcd by June 1, 1997; and
WHEREAS, a corporate surety bond itl tile amount or' $661,097.03 [rom the American Motorists
Insurance Company was provided by thc dcvcloper to guarantee the installation of public improvements
for Kincaid Forest Section 6B; alld
WHEREAS, tile Director o[ Enginccring and Public Works has approved tile amount of
$661,097.03 to guarantee installation or' thc remaining public improvements tbr Kincaid Forest Section
6B.
THEREFORE, RESOLVED by tile Council of the Town of Leesburg in Virginia as tbllows:
SECTION I. The corporate surety bond from the American Motorists Insurance Company itl
the amount of $661,097.03 is approved to guarantee the installation of public improvements in Kincaid
Forest Section 6B.
SECTION II. A time extension of one (t) year for tile completion of tile public improvements
for Kincaid Forest Section 6B is approved with the condition that the bike trail along the east side of
Kincaid Boulevard in Sections 6A and 6B be completed by June 1, 1997.
SECTION III. Failure by the developer to meet any of the deadlines established in tile
conditions of Section II will constitutc a dcfault under the contract. The developer may request
additional time extensions it' the improvements are not completed due to factors beyond tile dcveloper's
control.
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96-250 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
KINCAID FOREST SECTION 9A
WHEREAS, First Potomac Development Company, the developer of the Kincaid Forest Section
9A, 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 extension; and
WHEREAS, the developer has requested a one year time extension to complete the public
improvements; and
WHEREAS, the developer, members of the Kincaid Forest Homeowners Association and town
staff have met and reviewed concerns of the homeowners; and
WHEREAS, the developer has completed several items which the Homeowners Association had
requested; and
WHEREAS, a corporate surcty bond in the amount of $65,070.82 from the American Motorists
Insurance Company was provided by the developer to guarantee the installation of public improvements
for Kincaid Forest Section 9A; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$65,070.82 to guarantee installation of the remaining public improvements for Kincaid Forest Section 9A.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as tbllows:
SECTION I. The corporate surety bond from the American Motorists Insurance Company in
the amount of $65,070.82 is approved to guarantee the installation of public improvements in Kincaid
Forest Section 9A.
SECTION II. A time extension of one (1) year tbr the completion of the public improvements
is hereby approved tbr Kincaid Forest Section 9A.
96-251 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
KINCAID FOREST SECTION 9C
WHEREAS, First Potomac Dcvclopmcnt Company, the developer of tile Kincaid Forest Scction
9C, has not completed all the reqt, ircd pt, bile 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 year time extension to complete
the public improvements; and
WHEREAS, the developer, members of the Kincaid Forest Homeowners Association and town
staff have met and reviewed conccrns of the homeowners; and
WHEREAS, the developer has completed several items which the Homeowners Association had
requested; and
WHEREAS, a corporate surcty bond in the amount of $55,351.84 from tile American Motorists
Insurance Company was provided by thc dcvcloper to guarantee the installation of public improvements
for Kincaid Forest Section 9C; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$55,351.84 to guarantee installation of thc remaining public improvements lbr Kincaid Forest Section 9C.
THEREFORE, RESOLVED by thc Council of the To~vn of Leesburg in Virginia as follows:
SECTION I. The corporate surcty bond from the American Motorists Insurance Company in
the amount of $55,351.84 is approved to guarantee the installation of public improvements in Kincaid
Forest Section 9C.
SECTION II. A time extension of one (1) year tbr the completion of the public improvements
is hereby approved tbr Kincaid Forest Section 9C.
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95-252 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
KINCAID FOREST SECTION 10A
WHEREAS, First Potomac Development Company, the developer of the Kincaid Forest Section
10A, 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 year time extension to complete the public
improvements; and
WHEREAS, the developer, members of the Kincaid Forest Homeowners Association and town
staff have met and reviewed concerns of the homeowners; and
WHEREAS, the developer has completed several items which the Homeowners Association had
requested; and
WHEREAS, a corporate surety bond in the amount of $87,538.64 t¥om the American Motorists
Insurance Company was provided by the developer to guarantee the installation of public improvements
for Kincaid Forest Section 10A; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$87,538.64 to guarantee installation of the remaining public improvements for Kincaid Forest Section
10A.
THEREFORE, RESOLVED by tile Council of the Town of Leesburg in Virginia as tbllows:
SECTION I. The corporate surety bond from the American Motorists Insurance Company in
the amount of $87,538.64 is approved to guarantee the installation of public improvements in Kincaid
Forest Section 10A.
SECTION II. A time extension of one (1) year tbr the completion of the public improvements
is hereby approved for Kincaid Forest Section 10A.
96-253 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
KINCAID FOREST STORMWATER MANAGEMENT POND
WHEREAS, First Potomac Development Company, the developer of Kincaid Forest Stormwater
Management Pond, 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
tbr public improvements and previously approved time extension; and
WHEREAS, the developer has requested a one year time extension to complete tile public
improvements; and
WHEREAS, the developer, members of the Kincaid Forest Homeowners Association and town
staff have met and reviewed concerns of the homeowners; and
WHEREAS, the developer has completed several items which tile Homeowners Association had
requested; and
WHEREAS, a corporate surety bond in the amount of $32,700.14 from the American Motorists
Insurance Company was provided by thc developer to guarantee tile installation of public improvements
tbr the Kincaid Forest Stormwater Management Pond; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$32,700.14 to guarantee installation of the remaining public improvements for the Kincaid Forest
Stormwater Management Pond.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Motorists Insurance Company in
the amount of $32,700.14 is approved to guarantee the installation of public improvements in the Kincaid
Forest St~ .'mwater Management Pond.
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SECTION II. A time extension of one (1) year for the completion of the public improvements
is hereby approved for Kincaid Forest Stormwater Management Pond.
96-254 - RESOLUTION - CANCELLING THE DECEMBER 17, 1996, PLANNING AND ZONING,
ADMINISTRATION AND PUBLIC WORKS AND FINANCE COMMITTEE MEETINGS
AND THE DECEMBER 24, 1996, TOWN COUNCIL MEETING
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The December 17, 1996, Planning and Zoning, Administration and Public Works and Finance
Committee meetings and the December 24, 1996, Council meeting are cancelled.
96-255 - RESOLUTION - RESCHEDULING THE REGULAR TOWN COUNCIL MEETING OF
DECEMBER 10, 1996, TO WEDNESDAY, DECEMBER 11, 1996
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The December 10, 1996 Town Council meeting is rescheduled to Wednesday, December ll, 1996
to allow members of the Town Council to attend the 1996 National League of Cities Conference.
96-256 RESOLUTION AUTHORIZING AN APPROPRIATION FROM THE
UNAPPROPRIATED GENERAL FUND BALANCE INTO THE ECONOMIC
DEVELOPMENT CONTRACTUAL SERVICES ACCOUNT FOR THE CONDUCT OF A
DOWNTOWN SURVEY
WHEREAS, the Town of Leesburg has been and continues to be a supporter of efforts to
improve the old and historic downtown; and
WHEREAS, the Economic Development Commission has created a Downtown Committee to
examine and report on issues affecting downtown Leesburg; and
WHEREAS, the Economic Development Commission and its Downtown Committee have
recommended the conduct of an extensive survey to identify important downtown issues; and
WHEREAS, the Town Council has considered tile request for tile funding to conduct said survey
and has recognized it as an unbudgeted request:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Council hereby authorizes an appropriation of $5,712 from the unappropriated
General Fund balance into the Economic Development contractual services account line item
#200.8105.300.300 to fund the downtown survey.
96-257 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO ENTER INTO A
CONTRACT WITH THE VI RG INIA RETIREMENT SYSTEM TO PROVIDE GROUP LIFE
INSURANCE FOR EMPLOYEES
WHEREAS, tile Town of Leesburg does hereby elect to have its employees and officers who are
regularly employed tull time on a salary basis and whose tenure is not restricted as to temporary or
provisional appointment be eligible to participate in The Group Life Insurance program, effective January
1, 1997, as set out in §51.1-500 through §51.1-514 of the Code of Virginia, as amended; and
WHEREAS, the Town of Leesburg agrees to pay the required employer and employee cost for
its eligible employees.
THEREFORE, RESOLVED by tile Council of tile Town of Leesburg in Virginia as follows:
SECTION I. The Town managcr is hereby authorized and directed to execute any required
contract in order that said employees of the Town may become eligible to participate in the group life
insurance program as provided in the aforementioned sections of the Code of Virginia.
SECTION II. In execution of any contract which may be required, the seal of tile town shall be
at'tLxed and attested by the Clerk of Council and the Town Manager is authorized and directed to pay
over to the Treasurer of Virginia from time to time such sums as are due to be paid by the Town for this
purpose.
96-258 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLED 1N KINCAID FOREST SECTION 9D
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WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Kincaid Forest Section 9D and certified that the value of the work
performed is $159,313.00; and
WHEREAS, a corporate surety bond in the amount of $208,242.87 from the American Motorists
Insurance Company was provided by the developer and approved by the Council to guarantee installation
of public improvements for Kincaid Forest Section 9D.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Motorists Insurance Company in
the amount of $208,242.87 is reduced to $48,929.87.
SECTION II. The Town Manager shall notify the developer that liability for the corporate surety
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 for Kincaid Forest Section 9D.
96-259 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT THE STONEGATE CHANNEL IMPROVEMENTS
WHEREAS, Trafalgar Housc Residential, the developer of the Stonegate Channel Improvements
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 tile Town of Leesburg in Virginia as tbllows:
SECTION I. The corporate surety bond from tile American Home Assurance Company in the
amount of $24,816.00 is released, a new security in a form approved by the town attorney for a
maintenance guarantee in the amount of $6,204.00 is approved, and shall be in effect tbr a period of one
year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or charges.
96-260 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
EXETER SECTION 11
WHEREAS, Globe USA, Inc., the developer of Exeter Section 11, 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, tile developer has requested a sixty (60) day time extension to complete tile public
improvements; and
WHEREAS, tile only item remaining is tile regrading of several backyards; and
WHEREAS, a letter of credit in the amount of $243,800.00 from the District of Columbia Riggs
National Bank, confirmed by Riggs National Bank of Virginia was provided by the developer to
guarantee the installation of public improvements tbr Exeter Section 11; and
WHEREAS, tile Director of Engineering and Public Works has approved tile amount of
$243,800.00 to guarantee installation of the remaining public improvements for Exeter Section 11.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of to February 4, 1997 tbr the installation of public improvements
is hereby approved tbr Exeter Section 11.
SECTION II. The letter of credit from the District of Columbia Riggs National Bank, confirmed
by Riggs National Bank of Virginia in the amount of $243,800.00 is approved to guarantee the
installation of public improvements for Exeter Section 11.
96-261 RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
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PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
THE FORT BEAUREGARD TOWNHOUSES
WHEREAS, F & M Bank, Winchester, the developer of the Fort Beauregard Townhouses, 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 thirty (30) day time extension to complete the public
improvements; and
WHEREAS, the only item remaining is the final paving which has been delayed due to cold
weather; and
WHEREAS, a letter of credit in the amount of $67,500.00 from the F & M Bank - Massanutten
in Harrisonburg, Virginia was provided by the developer to guarantee the installation of public
improvements for the Fort Beauregard Townhouses; and
WHEREAS, the Director of Engineering and Public Works has approved tile amount of
$67,500.00 to guarantee installation of the remaining public improvements for the Fort Beauregard
Townhouses.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of to December 10, 1996 for the installation of public
improvements is hereby approved for the Fort Beauregard Townhouses.
SECTION II. The letter of credit from the F & M Bank - Massanutten in the amount of
$67,500.00 is approved to guarantee the installation of public improvements tbr Fort Beauregard
Townhouses.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem
Nay: None
Abstain: Councilmember Trocino from 10. (c), (d), (e), (t), (g), (h), (n)
10. (i}
MOTION:
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and
unanimously adopted.
96-262 - RESOLUTION - COMMENTINGON THE TCC WHITE PAPER OF SEPTEMBER 20, 1996
WHEREAS, the Transportation Coordinating Council (TCC) was asked by the General Assembly
to study regional transportation authorities in Northern Virginia; and
WHEREAS, tile TCC produced a white paper on September 20, 1996, that discusses the
possibility of combining transportation organizations for the region; and
WHEREAS, the white paper offers recommendations that threaten the process that has been
used tbr allocating transportation funds tbr the past seven years; and
WHEREAS, the current process has generated over $6 million in regional and fuel tax funds for
necessary transportation infrastructure in Leesburg; and
WHEREAS, Leesburg faces the immediate need tbr tens of millions of dollars of transportation
infrastructure to accommodate continuing growth and ensure the community's prosperity; and
WHEREAS, TCC Chairman Robert T. Lee recommends in his October 30, 1996, correspondence
that the TCC not only remain intact tbr the foreseeable future but be enhanced in several areas.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Council hereby endorses the proposal by TCC Chairman Robert T. Lee to enhance
COll/26/96 -9-
the TCC and rejects the recommendation to continue studying the combination of transportation
organizations in Northern Virginia.
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 8:30 p.m.
Clerk of Council
J~mes E. Clem, Mayor
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