HomeMy Public PortalAbout1997_05_13TOWN COUNCIL MEETING MINUTES OF MAY 13, 1997
A regular meeting of the Leesburg Town Council was held on May 13, 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 B. J. Webb
II. SALUTE TO THE FLAG: Councilmember Jewell M. Emswiller
IH. ROLL CALL: PRESENT WERE: Councilmembers Buttery, Emswiller, Trocino, B. J.
Webb, Wm. F. Webb, Jr. and Mayor Clem. ABSENT: Councilmember Umstattd
IV. APPROVAL OF MINUTES:
MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the regular meeting minutes of
March 25, 1997 were approved as submitted.
V. RESOLUTION OF RESPECT:
MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the following Resolution of
Respect was proposed and adopted.
RESOLUTION OF RESPECT
Dr. Robert Alden Orr
WHEREAS, Dr. Robert Alden Orr of Leesburg died May 1 at the age of 71; and
WHEREAS, Dr. Orr, a retired physician, practiced medicine in Leesburg from 1955
to 1996; and
WHEREAS, Dr. Orr was a former member of the Leesburg Town Council and vice
mayor of the town; and
WHEREAS, Dr. Orr was active in many professional and community organizations,
including the Loudoun Medical Society, Loudoun Hospital, Catoctin PTA, Leesburg Rotary
Club, American Legion, and Paxton Home.
THEREFORE, RESOLVED that the Mayor and members of Council of the Town of
Leesburg in Virginia extend their sympathy to Dr. Orr's family and to all who knew him;
and
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the
minutes of this meeting and that a copy be sent to his family.
MOTION: On motion of Mr. Buttery, seconded by Ms. Emswiller, the following Resolution
of Respect was proposed and adopted.
RESOLUTION OF RESPECT
and
Willi-m Lee "Mickey" Gordon
WHEREAS, Mr. William Lee "Mickey" Gordon died June 2, 1996, at the age of 68;
WHEREAS, Mr. Gordon served on the board of the Loudoun County Parks and
Recreation Commission for 20 years; and
WHEREAS, Mr. Gordon coached Babe Ruth Baseball for 38 years; and
WHEREAS, Mr. Gordon touched many lives and made a positive impact on the
youth of Leesburg and Loudoun County.
THEREFORE, RESOLVED that the Mayor and members of Council of the Town of
Leesburg in Virginia extend theft sympathy to Mr. Gordon's family and to all who knew
him; and
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the
minutes of this meeting and that a copy be presented to his family.
CERTIFICATES OF APPRECIATION
Mayor Clem and Town Manager, Steve Brown presented Certificates of Appreciation to Mr.
David Moyes and Ms. Joan Rust, for assisting a citizen in a life-threatening situation until
the medical personnel arrived on the scene.
Mayor Clem presented Mr. Irwin W. Uran with an Honorary Citizen proclamation for his
generous contribution to the Town of Leesburg.
MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following Proclamation was
proposed and adopted.
PROCLAMATION
NATIONAL NURSING HOME WEEK
MAY liTM - MAY 17TM, 1997
CARING FOR AGES
WHEREAS, the aging of America is placing new demands on long term care
providers; and
and
WHEREAS, nursing home care is an integral part of America's health care system;
WHEREAS, today's nursing homes provide specialized services to both young and
old, offering rehabilitative, subacute, personal, hospice, and respite care; and
WHEREAS, today's nursing homes offer 24-hour medical, nursing, and psychosocial
care to individuals who are too frail or ill to live independently; and
WHEREAS, families, communities, and individuals residing in nursing homes
depend on long term care providers for support and education about how to meet their long
term care needs; and
WHEREAS, members of the American Health Care Association and Virginia Health
Care Association proudly sponsor National Nursing Home Week 1997 - "Caring for Ages" -
and invite the citizens of Leesburg to visit nursing facilities to benefit from the knowledge
and experience of their staff, residents, family members and volunteers.
THEREFORE, I, Mayor James E. Clem, do hereby proclaim the week of May 11-17
as Nursing Home Week in this community and urge all citizens to honor and support
employees of long term care facilities who daily provide quality care to achieve the highest
level of mental, physical, and psychosocial well-being to the residents of our facilities.
Ms. Melissa Fortner, Administrator of the Heritage Hall Nursing Home, was present to
receive the proclamation.
MOTION: On motion of Ms. Webb, seconded by Mr. Buttery, the following Proclamation
was proposed and adopted.
PROCLAMATION
KIWANIS KID'S DAY 1997
WHEREAS, the citizens of Leesburg are vitally interested in youth and recognize
the importance of adult participation in matters pertaining to the welfare of our children;
and
WHEREAS, one of the principal tasks facing our nation and our community today is
the building of our youth into useful and honorable citizens; and
WHEREAS, it is fitting that we make every effort to keep all children from being
prey to any form of delinquency and to foster all good and proper endeavors aimed at
helping our youth to achieve the benefits offered by the American way of life; and
WHEREAS, through the joint efforts of the Kiwanis International and local Kiwanis
Clubs, a day has been set aside to focus attention upon the problems facing and the
accomplishments of youth throughout the fifty states at both a national and community
level; and
WHEREAS, the purpose of May 18th is to provide families a chance to spend a very
affordable afternoon of quality time with their children and to increase the inventory of the
Interfaith Relief food bank which provides essential groceries for those in need throughout
Leesburg and Loudoun County to the betterment of all the citizens of the area.
THEREFORE, PROCLAIMED, I, James E. Clem, Mayor and the Members of the
Leesburg Town Council do hereby proclaim Sunday, May 18th, 1997 as Kid's Day in
Leesburg and do call upon all citizens to support the objectives of this day and to cooperate
to the best of their abilities in making the event a success.
VI. PETITIONERS
Ms. Mary K. Volgric, representing the Thomas Balch Library, invited the Town Council and
Public to attend the 20s dance to be held at the library celebrating its 75th anniversary.
VII. PUBLIC HEARINGS:
a. The public hearing to consider increases in the Airport Fixed Base Operator Fees was
canceled.
b. TO CONSIDER CDBG GRANT FUNDS
Mr. Brown .provided the staff report.
Mr. Webb asked for a list of options these funds could be used for.
Mayor Clem suggested starting a fund to convert and acquire the Talley Ho Theater in the
future into a performing arts theater.
No public comment was received on this matter. The public hearing was closed.
VIII. COUNCILMEMBER COMMENTS
Mr. Webb had no comments.
Mr. Buttery congratulated Councilmember Umstattd and her husband Chuck for the birth
of their daughter, Kendrick Moss-Umstattd.
Mr. Buttery commented on the success of the Flower and Garden Festival. He
congratulated Ida Lee Parks new employee, Mr. Bill King. Mr. Buttery encouraged citizen
attendance at the 20s dance at the Balch Library. He pointed out that the town has been
successful in suppressing any graffiti activities in the town. He asked citizens to report
graffiti occurrences to the town. Mr. Buttery commented on the "now and then"
photographs of town employees as portrayed in the employees newsletter.
Mr. Trocino concurred with Mayor Clem's suggestions regarding the conversion of the
Tal]ey Ho Theater.
Ms. Emswiller also congratulated Councilmember Umstattd and her husband on the birth of
their daughter, Kendrick. Ms. Emswiller commented on the town's budget process, stating
the Council and town staff worked hard to arrive at a budget that all the citizens could be
proud of. Ms. Emswiller attended the NAIOP dinner. She stated the Downtown Committee
is ~vorking on a project to install window boxes and planters downtown.
B. J. Webb spent the day with Governor Allen and Virginia's Teacher of the Year, Mr. Dan
Kemp. Ms. Webb and Governor Allen sat in on Mr. Kemp's history class and had lunch in
the high school's cafeteria. Ms. Webb and Governor Allen later planted about 65 seedlings
at Banchee Reeks, Ms. Webb welcomed Mr. Uran and thanked him for the generous
contribution to the community. Ms. Webb stated she will not accept her monthly Council
compensation but will donate it to the YMCA Babes Program. Ms. Webb invited the public
to attend Dodona Manor Day on May 7th.
IX. MAYOR'S REPORT
Mayor Clem attended the DARE program at Ida Lee. He announced that the Lyons Club
will begin selling their brooms on May 21st. Mayor Clem thanked Ms. Emswiller on her
comments regarding the beautification efforts being pursued by the Downtown Committee.
Mayor Clem spoke of an upcoming double taxation meeting.
X. MANAGER'S REPORT
Mr. Brown highlighted issues in the Manager's Report. He announced that a Block Party
will be held on May 17th from 1-4 p.m., on Bethel Court in Leesburg. He thanked the Town
Council for their hard work during the budget deliberations and subsequent adoption.
11. LEGISLATION:
a.
MOTION: On motion of Mr. Webb, seconded by Ms. Emswiller, the following ordinance was
proposed and adopted.
97-0-14 - ORDINANCE - AMENDING CHAPTER 10, ARTICLE VI, DIVISION 3,
SECTION 10-187, OF THE TOWN CODE FOR HOURS OF FREE PARKING IN THE
PARKING GARAGE
WHEREAS, the adopted budget for the fiscal year ending June 30, 1998, limits the
time of free parking in the downtown parking garage from three to two hours; and
WHEREAS, to effect this change an amendment must be made to Chapter 10,
Article VI, Division 3, Section 10-187 of the Town Code.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section. 10-187. Parking fees for spaces rented on other than
a monthly basis.
On Monday through Friday the fee shah be $0.50 for each hour or part
thereof, provided, however, that the maximum charge for continuous parking for
any period of time up to 24 hours shall not exceed $4.00. The £rrst thrce two hours
of parking shah be free of charge.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. This amendment will be effective July 1, 1997.
b. WAS REFERRED TO THE FINANCE COMMITTEE AGENDA OF MAY 20, 1997
FOR FURTHER CONSIDERATION.
c, d, e, f, g, h, i, j, 1, n, o, p, q,
MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following resolutions were
proposed as consent and adopted.
97-104 - RESOLUTION SPECIFYING A DATE CERTAIN TOWN COUNCIL
ACTION ON THE REZONING OF LEESBURG COMMONS, CASE #ZM-149
WHEREAS, pursuant to a letter dated May 14, 1997, Bob Sevilla, on behalf of Hazel
Peterson, requested an "indefinite deferral" of Leesburg Commons rezoning, case #ZM-149;
and
WHEREAS, an indefmite deferral results in an open-ended, indefinite expenditure
of Town resources for processing the application. Rezoning fees will not cover an indefinite
processing period; and
WHEREAS, after an extended time period, original agency comments become stale,
and may not reflect changed conditions pertaining to public facilities capacities and needs;
and
WHEREAS, an indefinite deferral makes it more difficult for the business and
resident community of the Town to track the progress of and remain responsive to the
application; and
WHEREAS, the Town had expended funds on advertising the Council public hearing
prior to receiving the request for indefinite deferral; and
WHEREAS, on May 6, 1997, the Planning and Zoning Committee of the Town
Council recommended a November "date certain" for Council action,
THEREFORE, RESOLVED by the Council of the Town of Leesburg that the staff is
directed to inform the applicant in writing that the public hearing will be deferred to not
later than November 11, 1997. At that time, unless the applicant withdraws his application,
the Town will conduct the public hearing on the application.
97-105 - RESOLUTION - INITIATING AND REFERRING AMENDMENTS TO TO~VN
ORDINANCES REGARDING NOISE ABATEMENT CORRIDORS
WHEREAS, the Town Planning Commission has raised concern of undesirable
traffic noise levels on residential communities located near or adjacent to major
thoroughfares within the Town of Leesburg: and
WHEREAS, the Town Planning Commission has requested that the Town Council
establish Noise Abatement Corridors within the Corporate Limits pursuant to Section 7-380
of the Design and Construction Standards Manual for the purpose of protecting residences
from traffic noise; and
WHEREAS, the Town Planning Commission has requested that noise walls not be
considered as an alternative for noise abatement Corridors within the corporate limits:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as
follows:
SECTION I. Amendments to Town Ordinances will be drafted by an Advisory
Committee selected by the Town Council for the purposes of establishing Noise Abatement
Corridors along major thoroughfares as shown on Exhibit A attached hereto.
SECTION II. The Advisory Committee shall report its recommendations to the
Planning Commission upon development of specific text as described in Section I of this
resolution.
SECTION III. The Planning Commission shall hold a public hearing to consider the
Advisory Committee's draft and report its recommendation to the Town Council pursuant to
Chapter II, Title 15.1-431 of the 1950 Code of Virginia, as amended.
97-106 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR POTOMAC STATION SECTION 2AB1
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 2AB 1.
SECTION II. The extension of municipal water and sewer for Potomac Station
Section 2AB 1 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 from the
Frontier Insurance Company in the amount of $80,689.18 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 2ABI.
97-107 - RESOLUTION -ACCEPTING PUBLIC IMPROVEMENTS, RELEASING
THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE EVANS RIDGE
DEVELOPMENT
WHEREAS, The Donohoe Companies, Inc., the developer of the Evans Ridge
Development has completed the public improvement 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 the Seaboard Surety Company in the
amount of $730,000.00 is released, a new security in a form approved by the town attorney
for a maintenance guarantee in the amount of $36,500.00 is approved, and shall be in effect
for a period of one year from this date.
SECTIO[q 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.
97-108 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING
THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE EVANS RIDGE OFFSITE
IMPROVEMENTS
WHEREAS, The Donohoe Companies, Inc., the developer of the Evans Ridge Offsite
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 the Town of Leesburg in Virginia as
follows:
SECTION I. The corporate surety bond from the Seaboard Surety Company in the
amount of $180,000.00 is released, a new security in a form approved by the town attorney
for a maintenance guarantee in the amount of $9,000.00 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 conveying unto the town all such improvements and easements free of any liens
or charges.
97-109 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR WOODLEA MANOR, PHASE 5
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 Woodlea Manor, Phase 5.
SECTION II. The extension of municipal water and sewer for Woodlea Manor,
Phase 5 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 Safeco Insurance Company in the amount of $712,661.40 is approved as security
to guarantee installation of the public improvements shown on plans approved by the
Director of Engineering and Public Works for Woodlea Manor, Phase 5.
97-110 - RESOLUTION -ACCEPTING PUBLIC IMPROVEMENTS, RELEASING
THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT PAXTON SECTION 5
WHEREAS, Rivermead Homes, Inc., the developer of Paxton Section 5 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 the Seaboard Surety Company in the
amount of $82,713.00 is released, a new security in a form approved by the town attorney
for a maintenance guarantee in the amount of $26,511.45 is approved, and shall be in effect
for a period of one year from this date.
SECTON 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.
97-111 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR OLD WATERFORD KNOLL SECTION 3
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
6
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 Old Waterford Knoll Section 3.
SECTION II. The extension of municipal water and sewer for Old Waterford Knoll
Section 3 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 United States Fidelity and Guaranty Company is approved as security to
guarantee installation of the public improvements shown on plans approved by the Director
of Engineering and Public Works for Old Waterford Knoll Section 3.
97-112 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON
THE REVISION OF PRECINCT BOUNDARIES AND DESIGNATION OF POLLING
PLACES FOR NEW AND REVISED PRECINCTS
RESOLVED by the Council of the Town of Leesburg, Virginia, as follows:
A notice of public hearing on the revision of precinct boundaries and designation of
polling places for new and revised precincts shall be published in Leesburg Today on May
28, 1997, and June 4, 1997, for a public hearing on June 10, 1997, in the Council Chambers
of the Government Center at 25 West Market Street, Leesburg, Virginia 20176.
97-113 - RESOLUTION - AUTHORIZING THE USE OF CATOCTIN PARK AS A
SKATEPARK
WHEREAS, several local youth approached the Town Council in May of 1995
requesting a SkatePark; and
WHEREAS, the Town Council directed the Parks and Recreation Department to
explore the concept and the potential location of a SkatePark; and
WHEREAS, the Friends of Ida Lee, Inc., was developed as a non-profit, volunteer
organization to raise funds for a SkatePark; and
WHEREAS, the Friends of Ida Lee and the Parks and Recreation Advisory
Commission has endorsed the conversion of the tennis courts at Catoctin Park to a
SkatePark; and
WHEREAS, the Administration and Public Works Committee of the Town Council
has recommended approval for the new recreational use of Catoctin Park:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The Town Manager is hereby authorized to proceed with the development of a
SkatePark at Catoctin Park in conjunction with the financial support of the Friends of Ida
Lee, Inc.
97-114 - RESOLUTION - AUTHORIZING THE EXECUTION AND DELIVERY OF A
MASTER EQUIPMENT LEASE/PURCHASE FINANCING AGREEMENT, AND
RELATED INSTRUMENTS, WITH SIGNET LEASING AND FINANCIAL
CORPORATION
WHEREAS, the budget for fiscal year 1997 provided for the lease/purchase of
equipment such as police cars, pick-up and dump trucks, and computers; and
WHEREAS, the Town Council of the Town of Leesburg CLessee") has determined
[hat a true and very real need exists for the equipment (the "Equipment") described in the
Master Equipment Lease/Purchase Agreement (the "Agreement") with Signet Leasing and
Financial Corporation; and
WHEREAS, Lessee has taken the necessary steps, including those relating to any
applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and
WHEREAS, an Invitation for Bids was released to various £mancial institutions
seeking bids for the equipment lease/purchase; and
WHEREAS, on April 30, 1997, bids were received from six £mancial institutions in
response to the IFB; and
7
WHEREAS, Lessee proposes to enter into the Agreement with Signet Leasing and
Financial Corporation substantially in the form proposed to the town as a part of their bid
dated April 30, 1997; and
WHEREAS, Lessee reasonably anticipates that it will not issue tax-exempt
obligations in the face amount of more than $10,000,000 during the current calendar year;
and
WHEREAS, it was determined that the bid received from Signet Leasing and
Financial Corporation met all conditions of the IFB and was the lowest responsive and
responsible bid received.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The Town Manager is hereby authorized and directed to execute an
equipment lease/purchase agreement with Signet Leasing and Financial Corporation at an
annual cost of $139,940.53.
SECTION II. It is hereby found and determined that the terms of the Agreement in
the form proposed in 'the bid and incorporated in this resolution are in the best interests of
Lessee for the acquisition of the Equipment.
SECTION III. The Agreement is hereby approved. The Town Manager is
authorized to execute, acknowledge and deliver the Agreement with any changes, insertions
and omissions therein as may be necessary to be conclusively evidenced by such execution
and delivery of the Agreement. The Town Manager shall have the power to do so, and is
authorized to affix the official seal of Lessee to the Agreement and attest the same.
SECTION IV. The Town Manager is, authorized and directed to execute and deliver
any and all papers, instruments, opinions, certificates, affidavits and other documents and
to do or cause to be done any and all other acts and things necessary or proper for carrying
out this resolution and the Agreement.
SECTION V. Lessee hereby designates the Agreement as a "qualified tax-exempt
obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended. The undersigned further certifies that the above resolution has not been repealed
or amended and remains in full force and effect and further certifies that the Master
Equipment Lease/Purchase Agreement is the same as presented at said meeting of the Town
Council of the Town of Leesburg.
97-115 - RESOLUTION - AUTHORIZING ENTERING INTO A CONTRACT 'WITH
THE RIPTIDE PARENT'S ASSOCIATION, INC., FOR THE USE OF IDA LEE
RECREATION CENTER
WHEREAS, the Town of Leesburg provides pool lanes at the Ida Lee Recreation
Center to the Riptide Swim Team; and
WHEREAS, the Parks and Recreation Advisory Commission and the Riptide Parents
Association have agreed to enter into a contract for use of Ida Lee Recreation Center; and
WHEREAS, the Finance committee of the Town Council recommended approval for
the contract:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The Council of the Town of Leesburg authorizes the Town Manager to enter into a
contract with the Riptide Parent's Association for the use of Ida Lee Recreation Center
through March of 1998.
97-116 - RESOLUTION -AUTHORIZING THE PROCEEDS FROM THE MARKET
STATION SALE TO BE USED TO CONSTRUCT A COMMUNITY ROOM IN THE
POLICE STATION
WHEREAS, in the early 198ffs, the Town of Leesburg participated in a $1.35
million Community Development Block Grant identified as the South Harrison Street
Project; and
WHEREAS, the project included the development of Market Station; 14 townhouses
for low to moderate income persons; upgrading of public facilities, including water, sewer,
streets and storm drainage; South Street parking lot and Ratio Park; and
WHEREAS, Market Station was constructed by a private developer; and
WHEREAS, the developer's lease with the town allowed for the option to purchase
the property; and
WHEREAS, Market Station LLC exercised that option and purchased the Market
Station land and South Street parking lot on August 14, 1996, for $358,000; and
WHEREAS, the Virginia Department of Housing and Community Development has
given tentative approval for the sale proceeds to be used for the development of the
community room in the new Police Station; and
WHEREAS, a public hearing on the use of the sale proceeds was publicly advertised
and conducted on May 13, 1997 as required by the Community Development Block Grant
guidelines.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The proceeds from the sale of the Market Station land and South Street parking lot
totaling $358,000 is hereby authorized to be designated to construct a community room in
the new Police Station pending final approval of the Virginia Department of Housing and
Community Development.
11. (k)
MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following resolution was
proposed and adopted.
97-117 - 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 II,
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, 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 against the performance guarantee; and
WHEREAS, a time extension to May 15, 1997 was approved by Resolution #96-265
adopted on December 11, 1996 for completion of the bonded public improvements in
accordance with the work schedule dated November 21, 1996; and
WHEREAS, most of the bonded improvements have been addressed and completion
of the detention pond and £mal street paving are the major work items not yet finished; and
WHEREAS, work on the pond is underway and should be completed by mid May
1997; and
WHEREAS, the Linden Hill Homeowners Association has requested that the £mal
paving be delayed until after completion of the last house located on Lot 16 which is
currently under construction; and
WHEREAS, Oak Ridge Builders has advised the town that the house will be
complete prior to June 30, 1997; and
WHEREAS, Owens and Dove is willing to reschedule the final paving to after June
:30, 1997 to accommodate the request by the Linden Hill Homeowners A~sociation; and
WHEREAS, a corporate surety bond in the amount of $58,985.71 from the 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 Virginia as
follows:
SECTION I. A time extension to July 15, 1997 for completion of the public
improvements is hereby approved for Linden Hill Phase II.
SECTION II. The corporate surety bond from the Fidelity and Deposit Company of
Maryland in the amount of $58,985.71 is approved to guarantee the installation of public
improvements for Linden Hill Phase II.
DISCUSSION:
Mr. Furman, a resident of Linden Hill, stated the homeowners will reluctantly agree with
what will happen to the stormwater management pond. The homeowners, however, want
whatever can be done to save the trees. He stated the HOA will contribute $4,000.00
toward the paving cost.
11. m. was referred to the May 20, 1997 Finance Committee for further
consideration.
11. r.
MOTION: On motion of Mr. Webb, seconded by Mr. Buttery and amended by Mr. Buttery,
the following resolution was proposed and adopted.
97-118 - RESOLUTION -AUTHORIZING REIMBURSEMENT FOR WATER LINE
CONSTRUCTION
WHEREAS, construction of the Evergreen Mill Elementary School will require
extension of a 10- inch water line from South King Street to the school; and
WHEREAS, the contractor for the school, Perini Construction, is required to provide
the 10 - inch water line extension under theft contract with the County of Loudoun; and
WHEREAS,, the town has requested Perini Construction to increase the line size to
16 inches; and
WHEREAS, Perini Construction has agreed to accept $53,424.00 as the town's share
for the water line upsize, based on unit costs for the approved water line design.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I.
Construction upon
$53,424.00.
The manager is hereby authorized and directed to reimburse Perini
completion of the 16-inch water line, an amount not to exceed
SECTION II. An appropriation is hereby made to utility account #(306)3120.700.774
in the amount of $53,424.00 from the unappropriated Utility Fund balance for construction
of the Evergreen Mill Road water line.
On motion of and duly seconded the meeting was adjourned at 9:00 p.m.
Clerk of Council
· Clem, Mayor
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