HomeMy Public PortalAbout1997_04_22TOWN COUNCIL MEETING MINUTES OF APRIL 22, 1997
A regular meeting of the Leesburg Town Council was held on April 22, 1997, at 7:30
p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting
was called to order by Mayor Clem.
I. INVOCATION: Councilmember William F. Webb, Jr.
H. SALUTE TO THE FLAG: Councilmember Joseph R. Trocino
IH. ROLL CALL: PRESENT WERE: Councilmembers Buttery,
Umstattd, B. J. Webb, William F. Webb, Jr., and Mayor Clem.
IV. APPROVAL OF MINUTES:
Emswiller, Trocino,
MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the regular meeting minutes
of April 8, 1997 and the special meeting minutes of April 15, 1997 were approved as
submitted. The regular meeting minutes of March 25, 1997 were amended by
Councilmembers Buttery and Emswiller and will be resubmitted for approval on May 13,
1997.
V. PROCLAMATIONS:
MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the following proclamation
was proposed and unanimously adopted.
PROCLAMATION
NATIONAL DAY OF PRAYER
MAY 1, 1997
WHEREAS, the annual National Day of Prayer is held on the first Thursday of May;
and
WHEREAS, on Thursday, May 1, 1997, people in towns and cities across America
will be observing the annual National Day of Prayer; and
WHEREAS, citizens will join together to pray for our national, state and community
leaders; and
WHEREAS, this year's theme "In God We Trust" will consist of the reading of
scripture passages, selected quotations from our Founding Fathers, corporate prayers and
hymns; and
WHEREAS, this year~s program will be held Thursday, May 1, 1997, on the
Loudoun County Courthouse lawn from 12:00 noon to 1:00 p.m.
THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia
hereby proclaim May 1, 1997 as National Day of Prayer and urge all town citizens to
participate in this ceremony.
MOTION: On motion of Mr. Buttery, seconded by Ms. Umstattd, the following proclamation
was proposed and unanimously adopted.
PROCLAMATION
GEORGE MARTIN DAY
APRIL 24, 1997
WHEREAS, Mr. George McCue Martin has served as Town Attorney for the Town of
Leesburg since 1954; and
WHEREAS, he has had a private practice in Leesburg for more than 47 years; and
WHEREAS, he has maintained and exemplified the highest standards of legal
practice and honorable service to his clients and the community; and
WHEREAS, the Loudoun County BAR Association will honor Mr. Martin at its
annual meeting on April 24, 1997.
THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia
hereby proclaim April 24, 1997 as George Martin Day in the Town of Leesburg.
MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the following proclamation
was proposed and unanimously adopted.
PROCLAIMING
ARBOR DAY FOR THE TOWN OF LEESBURG
APRIL 26, 1997
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this special day, called Arbor Day, was furst observed with the planting
of more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and world; and
WHEREAS, trees can reduce the erosion of topsoil, cut heating and cooling costs,
moderate the temperature, clean the air, produce oxygen and provide habitat for wildlit'e;
and
WHEREAS, the Town of Leesburg has been recognized as a Tree City USA by the
National Arbor Day Foundation for eight consecutive years and desires to continue its tree
planting ways.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby
proclaim April 26 as the official Arbor Day of the Town of Leesburg for 1997.
OPEN FOR BUSINESS: Mr. Jim O'Connell, representing Ledo's Pizza, addressed the
Council during this segment of the Agenda. Mr. O'Connell invited the Council and public to
visit Ledo's Pizza and brought sample pizzas for everyone to enjoy.
VII. PETITIONERS:
Mr. Michael Jackson, Chairman of the Tree Commission, urged the Council to seriously
consider the arborist position in this year's budget.
Ms. Kristin9 Young and Ms. Shervl Kilda_v, representing the Loudoun Tourism Council,
provided an update and status report of the progress of the Tourism Council.
MS. Heidi Malacarne a resident of Tavistock Farms asked the Council to consider a
reduction of the speed limit in the subdivision, four-way stop signs and pedestrian crossings.
Mr. Ed Zimmerman a resident in the Kincaid Forest Subdivision, stated the developer of
Kincaid should be made accountable.
Ms. Winnifred Raoo. a resident on King Street, encouraged the Town Council to invest in
the children of Leesburg. Ms. Rapp spoke of a program where retired grandparents could
ride along on school buses in an effort to keep order on the buses, as well as help the school
bus drivers.
Mr. William Hanes of Hanes & Associates, representing the Paxton Child Development
Center, asked the Council to consider for adoption the new business item regarding the
performance guarantee for the center.
NEW BUSINESS:
MOTION: On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolution
was proposed and unanimously adopted.
97-87 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND SEWER EXTENSION
PERMIT FOR PAXTON CHILD DEVELOPMENT CENTER
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for
the improvements shown on the plans approved by the Director of Engineering and Public
Works for the Paxton Child Development Center.
SECTION II. The extension of municipal sewer for the Paxton Child Development
Center is approved in accordance with Section 15-9 of the Town Code.
SECTION III. A cash bond in the amount of $38,709.00 is approved as security to
guarantee installation of the public improvements shown on plans approved by the Director
of Engineering and Public Works for the Paxton Child Development Center.
I
Mr. Craig Lane, a resident of Kincaid Forest, addressed the Council expressing several
concerns regarding the future of the subdivision.
VIII. COUNCILMEMBER COMMENTS:
Mr. Webb stated he appreciated the comments received from the petitioners this evening.
Mr. Buttery congratulated the new police officers. He announced the 20's dance to be held
at the Balch Library on May 24~h in honor of the library's 75~h anniversary. He encouraged
the public to attend.
Ms. Umstattd had no comment.
Mr. Trocino welcomed the Loudoun County Board of Supervisors to the Council meeting.
He met with representatives of the Chelsea Outlet Mall. He expressed concern with traffic
delays due to the construction on eastbound Route 7.
Ms. Emswiller stated the Garden Club's garden tour went smoothly. She congratulated Mr.
and Mrs. Frank Ratio on the celebration of their 50th wedding anniversary.
Ms. Webb wished to extend a warm welcome, as well to the attending Board members. She
also attended the Raflo's 50th wedding anniversary and wished to congratulate them, as well
as the Garden Club on a successful event. Ms. Webb met with representatives of the
Chelsea Outlet Mall and Pence Friedel. Ms. Webb hopes that discussions will continue
regarding the courts complex expansion.
MAYOR'S REPORT
Mayor Clem welcomed the Board members to the Council meeting. Saturday was the
official kick off for the little league season. He attended the Old Domimon Dog Show at
Morven Park.
MANAGER'S REPORT
Mr. Brown briefly highlighted items in the Managers Report.
LEGISLATION:
11. (a) was referred to the April 23, 1997 special meeting of the Town Council for
fnrther consideration.
11. (b) through (k)
MOTION: On motion of Mr. Webb, seconded by Mr. Trocino, the following resolutions were
proposed as consent items and adopted.
97-88 - RESOLUTION - AUTHORIZING A TIME EXTENSIONS FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE
GUARANTEE FOR TAVISTOCK FARMS SECTIONS 1, ~ 4, & 7
WHEREAS, Arcadia Building Company, the developer of Tavistocl~ Farms Section 1,
3, 4, and 7, 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 ninety (90) day time extension to
complete the remaining public improvements; and
WHEREAS, corporate surety bonds from The American Insurance Company in the
following amounts;
Tavistock Farms Section 1 -
Tavistock Farms Section 3 -
Tavistock Farms Section 4 -
Tavistock Farms Section 7 -
$180,000.00
$ 40,426.00
$122,400.00
$400,000.00
were provided by the developer to guarantee the installation of public improvements in
Tavistock Farms Section 1, 3, 4, and 7.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The corporate surety bonds from The American Insurance Company
in the amounts listed above are approved to guarantee the installation of public
improvements in Tavistock Farms Section 1, 3, 4, and 7.
SECTION II. Ninety (90) day time extensions to July 22, 1997 for completion of the
public improvements are approved for Tavistock Farms Sections 1, 3, 4, and 7.
97-89 - RESOLUTION - AUTHORIZING A TIME EXTENSIONS FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE
GUARANTEE FOR TAVISTOCK FARMS SECTIONS 5, 6, 9, 10, 11, 12, 13, 14. 18, 19,
20. &21
WHEREAS, Arcadia Building Company, the developer of Tavistock Farms Section 5,
6, 9, 10, 11, 12, 13, 14, 18, 19, 20 and 21, has not completed all the required public
improvements in accordance with the approved construction drawings and town standards
within the two-year period agreed to in the contract for public improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete
the remaining public improvements; and
WHEREAS, corporate surety bonds
following amounts;
Tavistock Farms Section 5 - $117,498.00
Tavistock Farms Section 6- $200,556.00
Tavistock Farms Section 9- $ 38,580.00
Tavistock Farms Section 10 - $725,403.00
Tavistock Farms Section 11 & 12 - $882,694.00
Tavistock Farms Section 13, 19, 20, 215163,800.00
Tavistock Farms Section 14- $230,879.00
Tavistock Farms Section 18 - $356,004.00
from The American Insurance Company in the
were provided by the developer to guarantee the installation of public improvements in
Tavistock Farms Section 5, 6, 9, 10, 11, 12, 13, 14, 18, 19, 20 and 21.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The corporate surety bonds from The American Insurance Company in
the amounts listed above are approved to guarantee the installation of pubhc improvements
in Tavistock Farms Section 5, 6, 9, 10, 11, 12, 13, 14, 18, 19, 20 and 21.
SECTION II. One (1) year time extensions to April 22, 1998 for completion of the
public improvements are approved for Tavistock Farms Sections 5, 6, 9, 10, 11, 12, 13, 14,
18, 19, 20 and 21.
97-90 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE
GUARANTEE FOR LEESBURG GATEWAY CONDOS
WHEREAS, Leo Chiang Development III Limited Partnership, the developer of
Leesburg Gateway Condos, 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
4
WHEREA~q, the developer has requested a one (1) year extension to complete the
public improvements; and
WHEREAS, a letter of credit in the amount of $235,195.84 from Eastern American
Bank, confirmed by Signet Bank/Virginia was provided by the developer to guarantee the
installation of public improvements in Leesburg Gateway Condos.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The letter of credit from the Eastern American Bank, confirmed by
Signet Bank/Virginia in the amount of $235,195.84 is approved to guarantee the installation
of public improvements in Leesburg Gateway Condos.
SECTION II. A time extension to March 14, 1998 for completion of the public
improvements is approved.
97-91 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE
GUARANTEE FOR TOWNE$ OF VANDERBILT SECTION I
WHEREAS, The Double T Corporation, the developer of Townes of Vanderbilt
Section I, has not completed all the required public improvements in accordance with the
approved construction drawings and town standards within the two-year period agreed to in
the contract for public improvements; and
WHEREAS, the developer has requested a six (6) month time extension to complete
the public improvements; and
WHEREAS, a letter of credit in the amount of $18,192.80 from The Washington
Savings Bank was provided by the developer to guarantee the installation of public
improvements in Townes of Vanderbilt Section I.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The letter of credit from The Washington Savings Bank in the amount
of $18,192.80 is approved to guarantee the installation of public improvements in Townes of
Vanderbilt Section I.
SECTION II. A time extension to August 28, 1997 for completion of the public
improvements is approved.
97-92 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR EXETER HILLS SECTION 6A
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for
the improvements shown on the plans approved by the Director of Engineering and Public
Works for Exeter Hill Section 6.~
SECTION II. The extension of municipal water and sewer for Exeter Hills Section
6A is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney
from The American Insurance Company in the amount of $829,396.10 is approved as
security to guarantee installation of the public improvements shown on plans approved by
the Director of Engineering and Public Works for Exeter Hills 6A.
97-93 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR POTOMAC STATION SECTION 4
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for
the improvements shown on the plans approved by the Director of Engineering and Public
Works for Potomac Station Section 4.
SECTION. II. The extension of municipal water and sewer for Potomac Station
Section 4 is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney
from Frontier Insurance Company in the amount of $210,592.00 is approved as security to
guarantee installation of the public improvements shown on plans approved by the Director
of Engineering and Public Works for Potomac Station Section 4.
97-94 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMIT~I
FOR POTOMAC STATION COMMUNITY CENTER
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for
the improvements shown on the plans approved by the Director of Engineering and Public
Works for Potomac Station Section Community Center.
SECTION II. The extension of municipal water and sewer for Potomac Station
Community Center is approved in accordance with Sections 15-9 and 19-18 of the Town
Code.
SECTION III. The corporate surety bond in a form approved by the town attorney
from Frontier Insurance Company in the amount of $164,632.00 is approved as security to
guarantee installation of the public improvements shown on plans approved by the Director
of Engineering and Public Works for Potomac Station Community Center.
97-95 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMIT~
FOR RIVER CREEK GOLF COURSE FACILITIES
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for
the improvements shown on the plans approved by the Director of Engineering and Public
Works for River Creek Golf Course Facilities.
SECTION II. The extension of municipal water and sewer for River Creek Golf
Course Facilities is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney
from Fidelity & Deposit Company in the amount of $41,889.10 is approved as security to
guarantee installation of the public improvements shown on plans approved by the Director
of Engineering and Pubhc Works for River Creek Golf Course Facilities.
97-96 - RESOLUTION - AWARDING A CONTRACT TO ALL RECREATION. INC..
FOR THE CONSTRUCTION OF PLAYGROUND EQUIPMENT AT GREENWAY
PARK
WHEREAS, the developer, Trafalgar House, provided the town $25,000.00 for
playground equipment; and
WHEREAS, proposals were solicited under Section 8.2, Competitive Negotiations of
the Leesburg Purchasing Regulations for the construction of a playground area at
Greenway Park; and
WHEREAS, the proposals were evaluated by a committee that included residents of
Greenway Farms, pursuant to the Request for Proposal Documents, Town's Purchasing
Regulations, and the Virginia Public Procurement Act; and
WHEREAS, the successful proposal was acceptable to the Greenway Farms
Homeowners Association; and
WHEREAS, All Recreation, Inc., submitted a proposal of $24,862.00; and
WHEREAS, All Recreation, Inc., has been judged th~ best proposal.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The Town. Manager is authorized and directed to execute, on behaff of the Town of
Leesburg, a lump sum contract with All Recreation, Inc., in the amount of $24,862.00.
97-97 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON THE
USE OF PROCEEDS FROM THE SALE OF MARKET STATION PROPERTY
RESOLVED by the Council of the Town of Leesburg, Virginia as follows:
A notice of Public Hearing on the use or proceeds from the sale of market station
property shall be published in the Leesburg Today on April 30 and May 7, 1997 for a public
hearing on Tuesday, May 13, 1997 in the Council Chambers of the Government Center at 25
West Market Street, Leesburg, Virginia 20176.
XII. NEW BUSINESS:
b.
Loudoun County Chairman of the Board of Suoervisors Dal~ PQlen Myer~ addressed the
Council regarding the 911 communication center. Ms. Myers confirmed that the Board is
committed to working toward resolving the issues of the communication center.
A presentation was made by the county's consultants, Hayes, Seay, Mattern & Mattern.
This matter was referred to the April 23, 1997, special meeting of the Council for further
consideration.
Mr. Brown provided a brief staff report.
Deouty Town Attorney Deborah Welsh stated a petition for Chapter 11 Bankruptcy will be
filed by the developer.
Ms. Emswiller asked if the town can ensure that the new developer of Kincaid Forest has
deep enough pockets and will be able to complete the development.
A meeting to discuss the traffic study was scheduled on Monday, May 5, 1997 at 4:30 p.m.,
in the Lower Level. The Ida Lee Park Master Plan will tentatively be scheduled for
discussion on April 29, 1997.
On motion of, and duly seconded, the meeting was adjourned at 10:40 p.m.
Clerk of Council
· Clem, Mayor