HomeMy Public PortalAbout1997_07_08 TOWN COUNCIL MEETING MINUTES OF JULY 8, 1997
A regular meeting of the Leesburg Town Council was held on Tuesday, July 8, 1997, at 7:30 p.m., in the
Council Chambers, 25 West Market Street, Leesburg, Vir~nia. The meeting was called to order by
Mayor Clem.
1. INVOCATION was given by Councilmember Jewell M. Emswiller.
2. SALUTE TO THE FLAG was led by Councilmember Kristen C. Umstattd.
3. ROLL CALL: All members of the Leesburg Town Council were present and included: J. Frank
Buttery, Jr., Jewell M. Em,swiller, Joseph R. Trocino, Kristen C. Umstattd, B. J. Webb, William F.
Webb, Jr., and Mayor James E. Clem.
4. APPROVAL OF MINUTES:
MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the regular meeting minutes of June 24,
1997 were approved as submitted.
VOTE:
Aye:
Clem.
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb and Mayor
None
5. CERTIFICATE OF APPRECIATION: Mayor Clem and Councilmember Emswiller presented a
Certificate of Appreciation to former LEDC Chairman Marc Weiss.
6. PETITIONERS:
Ms. Victoria Jann-Lewis, addressed the Council expressing concern with adopting proposed Ordinance
11. (d) as it is written.
Mr. Allan Furman, 37 Linden Hill Way, S.W., Leesburg, addressed the Council on behalf of the residents
in Linden Hill. Mr. Furman expressed concern with the proposed blasting to build a stormwater
management pond. He asked that another alternative be sought.
Mayor Clem asked staff to provide the Council with a report.
Ms. Carol Pullver, 29 Linden Hill Way, S.W., asked the Council to reconsider any blasting at all, as well
as not excavating for the proposed soccer fields.
Mr. Fred Rutter, Jr., 6 Linden Hill Way, S.W., addressed the Council regarding the proposed blasting.
Mr. George Roberson, a resident on Country Club Drive, S.W., stated the stormwater management ponds
are necessary.
7. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE LEESBURG TOWN
CODE REGARDING THE TIME RESTRICTIONS ON CONSTRUCTION IN RESIDENTIAL
Mr. Huff provided the staff report.
Mr. William Zawaki, 129 Chesterfield Place, S.W., suggested 7am to 9pm during the week.
Judge Archibald Aikens, a resident on Cornwall Street, expressed concern about construction noise if the
courts complex is built. He strongly objected to any construction on Sundays and requested relief on
Saturday construction as well.
Mr. Fred Rutter, 6 Linden Hill Way, S.W., spoke on construction noise.
Mr. Steve Robin stated construction should not be permitted on Sundays.
Mr. Allan Furman expressed support with weekday construction hours of 7am to 7pm and 8am to 6pm on
weekends.
The public hearing was closed. This matter was referred to the July 15, 1998 committee agenda for
further consideration.
8. COUNCILMEMBER COMMENTS
Ms. Webb met with Delegate Mires regarding the needs of the Airport. Ms. Webb thanked the LEDC for
including a member of the Airport Commission to the LEDC. MS. Webb thanked Mr. Weiss for his years
of service on the LEDC. MS. Webb stated a meeting of the ad hoc Public Safety Committee was held this
morning.
MS. Emswiller commended Mr. Huff and Mr. Dentler on the success of the Farmers' Market. MS.
Emswiller stated the Fourth of July celebration was a huge success. Ms. Emswiller stated she received a
suggestion to help celebrate the millennium, in which all school children in Leesburg would plant a tree.
Mr. Trocino stated the Comprehensive Town Plan will soon be adopted. He commended Mr. Buttery for a
successful ad hoc Public Safety Committee meeting. Mr. Trocino stated the town needs to see how it can
improve Loudoun County Fire and Rescue services and that the town needs to have a disaster plan
preparec[
Ms. Umstattd pointed out that Mr. Hubbard Turner, a resident of Country Club, did a marvelous job
regarding blasting in the town and how residents are notified and informed. Ms. Umstattd thanked Mrs.
Hetzel, Sr., for her efforts with the Farmers' Market. Ms. Umstattd hopes the town is preparing for the
millennium with regard to the computers. Ms. Umstattd met with Mr. Koury of the Dry Mill Subdivision.
Mr. Buttery also met with Mr. Koury regarding the Dry Mill Subdivision. Mr. Buttery commended staff
and the Police Support Team for the success of the 4th of July celebration, stating he has not received any
complaints. Mr. Buttery also thanked Mr. Weiss for his years of service on the LEDC. He pointed out
that the Balch Library's patronage is continuing to increase.
Mr. Webb asked that the issue of the $4.00 utility service charge be placed on a committee agenda for
discussion.
9. MAYOR'S REPORT
Mayor Clem thanked Ms. Emswiller for attending the opening of the Farmers' Market on his behalf. He
pointed out that the Comprehensive Town Plan is up for adoption on July 22, 1997. Mayor Clem asked
the staff to work on increasing participation in the Fourth of July parade, suggesting staff work with the
fire company. He noted the success of the Fourth of July celebration at Ida Lee.
10. MANAGER'S REPORT- No report was given.
11. LEGISLATION:
ll.(a)
MOTION: On motion of MS. Webb, seconded by Ms. Umstattd, the following ordinance was proposed
and adopted.
97-0-23 - ORIHNANCE - AMENDING CtIAPTER 12.1 OF THE TOWN CODE REGARDING
REVISED PAY AND CLASSIFICATION PLAN
WHEREAS, the town's pay and classification plan must be reviewed to be consistent with the
proposed FY 98 Budget; and
WHEREAS, in order to maintain a consistently high level of service the number of positions
should be revised.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTIONI. Section 12.1-13 of the Town Code, classification of town employees by
occupational group and pay grades, is amended to read as follows:
Sec. 12.1-13. Adoption.
Employees in the town service are classified in the following occupational groups and pay grades:
Occupational
Groups
Executive-Managerial
#
Position
Director of Engineering/Public Works
Chief of Engineering
Director of Utilities
Director of Finance
Director of Planning, Zoning
and Development
Chief of Police
Director of Parks and Recreation
Deputy Town Manager
Airport Director
Asst. Town Manager for Economic Development
Pay Grade
16
14
15
15
15
15
15
15
14
13
Occupational
Groups
Law Enforcement
#
#
#
Adminiswafive-Clerical
#
#
#
#
#
#
#
Supervisory
#
Occupational
Groups
Position
Parking Control Officer
Police Officer
Police Officer 1st Class
Corporal
Sergeant
Lieutenant
Captain
Clerk Typist
Police Records Assistant
Secretary I
Accounting Clerk I
Accounting Clerk H
Library Assistant
Accounting Clerk
Administrative Secretary
Planning & Zoning Asst.
Executive Secretary
Clerk of Council
Personnel Manager
Public Information Officer
Library Specialist
Superintendent Equipment Maintenance
Water Supply Superintendent
Superintendent Buildings,
Grounds and Maintenance
Utility Lines Superintendent
WPCF Superintendent
Asst. Director of Finance
Asst. Director of Utilities
Landscape Architect
Recreation Programs Manager
Recreation Center Manager
Utility Plant Supervisor
Library Manager
Recreation Supervisor
Pool Manager
Communications Supervisor
Utility Maintenance Mechanic
Heavy Equipment Operator
Utility Equipment Operator
Finance Technician
Asst. Super. Bldgs, & Grounds
Senior Plant Operator
Utility Plant Operator
Utility Plant Operator Trainee
Infiltration/Inflow Technician
Arborist
Asst. Supt. Utility Lines
Position
Pay Grade
PaY Grade
3
8
9
10
11
12
13
3
3
3
3
5
4
7
5
7
7
9
9
9
6
11
12
11
12
12
12
13
10
10
10
9
9
8
8
6
5
5
6
8
7
6
4
6
8
9
Professional
Construction/Maintenance
Superintendent Utility Plant Maintenance
Contracts Administrator
Cross-Connection Compliance Officer
Asst. WPCF'Supt.
Construction Inspector
Asst. Zoning Admin.
Assistant Superintendent Equip. Maint.
Systems Technician
Communications Technician
Meter Technician
Chief of Operations & Inspections
Engineer H
Transportation Engineer
Chief of Planning
Planner II
Zoning Administrator
Maintenance Worker II
Airfield Maintenance Technician
Maintenance Worker III
10
11
9
9
9
9
8
7
6
3
13
11
12
12
10
12
3
7
5
" Groundskeeper 5
" Maintenance Worker I 2
" Equipment Mechanic I 6
" Equipment Mechanic II 7
' Utility Crew Leader 5
' Utility Maintenance Mechanic 6
" Utility Maintenance Worker II 3
" Utility Maintenance Worker I 2
" Custodian 2
Part-time Regular per hour
" Temporary per hour
" Seasonal per hour
SECTION II. Section 12.1-14 of the Town Code, being the pay grades for compensation of employees
in the town service, is amended to read as follows:
Grade. FY 1998 Pay Range
1 $16,099-25,716
2 17,386-27,773
3 18,777-29,995
4 20,279-32,395
5 21,901-34,986
6 23,653-37,785
7 25,545-40,808
8 27,844-44,481
9 30,350-48,484
10 33,082-52,847
11 36,059-57,604
12 39,305-62,788
13 42,842-68,438
14 46,697-74,598
15 50,900-81,311
16 55,481-88,629
SECTION IH. All prior ordinances in conflict herewith are repealed.
SECTION IV. This ordinance shall be effective upon passage.
VOTE:
Aye:
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb and Mayor Clem.
Councilmember William F. Webb, Ir.
Il.Co)
MOTION: On motion of Ms. Umstattd, seconded by Ms. Emswiller the following ordinance was proposed and
adopted.
97-0-24 - ORDINANCE - AMENDING CHAPTER 5.2, SECTION 5.2-1 OF THE TOWN CODE
REGARDING THE ECONOMIC DEVELOPMENT COMMISSION ESTABLISHED,
PREAMBLE; MISSION, GENERAL COMPOSITION; MEETINGS
WHEREAS, it is the desire of the Town Council to include a member of the Leesburg Airport
Commission as an essential addition to the Leesburg Economic Development Commission.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Chapter 5.2, Section 5.2-1 of the Town Code is hereby amended to read as follows:
(c) The Leesburg Economic Development Commission is hereby established. The
commission shall consist of seven members who shall either be residents of the town, town property
owners, business owners or any one employed in the town and appointed by the Town Council. The
Council shall also appoint one of its members to the commission who shall be a non-voting member of the
commission whose term of office shall correspond to the official tenure of office as a Councilmember. An
appointment to fill a vacancy shall be for the unexpired term. Three members' terms shall expire on June
30, 1996, and four members' terms shall expire on June 30, 1997. Thereafter members shall serve two-
year terms. The Mayor of Leesburg, a Leesburg Airport Commission member, a Leesburg Planning
Commission member, a Leesburg Parks and Recreation Advisory Commission member and the Assistant
Town Manager for Economic Development shall be appointed by the Council as ex-officio (non-voting
members of the commission).
SECTION II. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. $.
Mayor Clenr
Nay: None
Webb, Wn~ F. Webb, Ir., and
11.(c) MOTION: On motion of Mr. Trocino, seconded by Ma. Webb, the following ordinance was proposed and
adopted.
97-4}-25 ORDINANCE -AMENDING CHAPER 2, ARTICLE H, SECTION 2-91
COMPENSATION FOR THE MAYOR AND MEMBERS OF THE COUNCIL
WHEREAS, the adopted budget for fiscal year 1998 includes an increase in the compensation for
the Mayor and Town Councilmembers:
TItEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Annual compensation of the Town Council is amended as follows:
Sec. 2-91, Mayor and eouneilmembers.
Compensation for the mayor and members of the council, after July 1, 1995 1997 shall be
~,e'~. ,~vv.vv~t~ ,w and $9,500.00 and ,.v,vw.~ and $8,000.00 per annum, respectively, payable in equal monthly
installments.
SECTION II. The Town Council hereby affirms Councilmember B.J. Webb's request to direct
her increase to the YMCA and hereby transfers the appropriation of $2,000 fi.om Council salary to non-
departmental account.
VOTE:
Aye:
Nay:
Councilmembers Emswiller, Trocino, Wm. F. Webb, Jr., and Mayor Clem.
Councilmembers Buttery, Umstattd, and B. J. Webb
11.(d) MOTION: On motion of Ms Umstattd, seconded by Mr. Trocino, the following ordinance was proposed and
adopted.
97-0-26 - ORDINANCE - AMENDING CHAPTER 4, SECTION 23 OF THE TOWN CODE
CONFINEMENT OF ANIMALS IN VEHICLES PROHIBITED
WHEREAS, Town Council desires to amend the Town Code and add a section to prohibit
confining anirflals in vehicles of excessive temperatures.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Sec. 4-23. Confinement of Animals in Vehicles Prohibited.
(a) Any person who confines an animal in an enclosed vehicle so as to endanger it
by exposure to excessive heat, cold or inadequate ventilation shall be guilty of a
misdemeanor and, upon conviction, shall be punished by a fine not greater than five
hundred dollars ($500). Any law enforcement official shall access the enclosed vehicle
and remove such an endangered animal. Such animal shall be transported to a
veterinarian by_ the law enforcement official at the expense of the person who confines
the animal.
(b) In any prosecution charging a violation of this section, proof that the animal was
confined in the vehicle described in the complaint, summons or warrant in violation
of this section together with proof that the defendant was at the time the registered
owner of the vehicle, as required by Chapter 6 of T/fie 46.2 of the Code of Virginia
(1950), as amended, shall constitute in evidence a prima facie presumption that the
registered owner of the vehicle was the person who committed the violation.
SECTION II. This ordinance shall be in effect upon passage
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb, Ir., and
Mayor Clem.
Nay: None
CONSENT ITEMS
11.(e) through 11.0c) MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following resolutions were
proposed and adopted.
97-164 - RESOLUTION - INITIATING AN AMENDMENT TO SECTION 13-55.3 OF THE
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING THE
VACATION OF BOUNDARY LINES AND REFERRING TO THE PLANNING
COMMISSION FOR PUBLIC HEARING AND RECOMMENDATION
WHEREAS, on July 1, 1997, the Virginia General Assembly, in regular session, amended
Section 15.1-483.1 of the Code of Virginia as it pertains to the vacation of boundary lines to give localities
authority to vacate certain boundary lines administratively without requiring a public hearing and/or
Council resolution; and
WHEREAS, to ensure consistency with the Code of Virginia, the Town of Leesburg Subdivision
and Land Development Regulations should be likewise amended.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. This amendment is hereby initiated and referred to the Planning Commission for a
public hearing and recommendation to the Town Council to amend Section 13-55.3 of the Subdivision
and Land Development Regulations for the Town of Leesburg to accord with the amendment of Section
15.1-483.1 of the Code of Virginia regarding vacation of certain boundary lines.
SECTION II. The Planning Commission shall report its recommendation to the Town Council
on the proposed amendment pursuant to Chapter 11, Title 15.1-431 of the Code of Virginia, as amended.
9%165 - RESOLUTION - INITIATING AN AMENDMENT TO ARTICLE 13 OF TIlE ZONING
ORDINANCE REGARDING NOTICE PROVISIONS FOR ZONING MAP AND
COMPREHENSIVE PLAN AMENDMENTS AND REFERRING TO TIlE PLANNING
COMMISSION FOR PUBLIC HEARING AND RECOMMENDATION
WHEREAS, on July 1, 1992, the Virginia General Assembly, in regular session, amended
Section 15.1-431.1 of the Code of Virginia as it pertains to notice provisions;
WHEREAS, said amendment authorizes localities to delegate by ordinance to applicants for
zoning ordinance amendments or comprehensive plan amendments the responsibility for posting all
required notices, including written notices; and
WHEREAS, the Town of Leesburg Zoning Ordinance should be amended to include this option
provided by Section 15.1-431.1 of the Code of Virginia.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. This amendment is hereby initiated and referred to the Planning Commission for a
public hearing and recommendation to the Town Council to amend Article 13 of the Zoning Ordinance
for the Town of Leesburg in accord with the Section 15.1-431.1 of the Code of Virginia regarding written
notification of adjacent property owners.
SECTION II. The Planning Commission shall report its recommendation to the Town Council
on the proposed amendment pursuant to Chapter 11, Title 15.1-431 of the Code of Virginia, as amended.
9%166 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE
WHEREAS, the authorized number of positions in the town's service must be reviewed each
year by the Town Manager to be consistent with the proposed FY 98 budget; and
WHEREAS, in order to maintain a consistently high level of service the number of positions
should be revised.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The positions and number of employees in the town service for the fiscal year 1998
are established as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council 1
EXECUTIVE DEPARTMENT
Manager 1
Deputy Town Manager 1
Public Information Officer 1
Executive Secretary 1
Administrative Secretary 1
Secretary _1
6
PERSONNEL
Personnel Manager
ECONOMIC DEVELOPMENT
Asst. Town.Manager for Economic Development
FINANCE DEPARTMENT
Director of Finance
Asst. Director of Finance
Systems Technician
Finance Technician
Accounting Clerk II
Accounting Clerk I
Meter Technician
POLICE DEPARTMENT
1
1
1
2
2
3
1.5
11.5
Chief of Police
Captain
Lieutenant
Sergeant
Police Officer 1st Class
Police Officer
Administrative Secretary
Secretary
Police Records Assistant
Communications Supervisor
Communications Technician
1
2
2
7
3
28
1
1
2
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Direaor of Engineering and Public Works
Transportation Engineer
Administrative Secretary
ENGINEERING AND INSPECTIONS
1
1
Chief of Engineering
Chief of Operations/Inspections
Engineer II
Contracts Administrator
Construction Inspeaor
STREET MAINTENANCE
1
1
4
1
12
Superintendent
Asst. Superintendent
Maintenance Worker IH
Maintenance Worker II
Maintenance Worker I
Data Entry Clerk (part-time)
EQUIPMENT MAINTENANCE
1
2
6
7
5
.5.
21.5
Superintendent
Assistant Superintendent
Heavy Equipment Operator
Equipment Mechanic II
Equipment Mechanic I
1
1
1
1
1
PARKING METER AND LOTS
Parking Attendant (part-time)
1.5
PLANNING~ ZONING AND DEVELOPMENT
Dir. Planning, Zoning & Development 1
PARKS
Chief of Planning
Zoning Administrator
Planner II
Asst. Zoning Administrator
Arborist
Planning & Zoning Assistant
Administrative Secretary
Secretary
AND RECREATION
2
1
4
1
1
1
1
13
Director of Parks and Recreation
Recreation Programs Manager
Recreation Center Manager
Recreation Program Supervisor
Accounting Clerk I
Groundskeeper
Pool Manager
Custodian
Administrative Secretary
Secretary
Part-time Staff (p/t)
LIBRARY
1
1
1
1
4
2
1.5
1
2
1
1.5
23.2
40.45
Library Manager
Library Specialist
Library Assistant
Pan-time Staff (p/t)
UTILITIES
1
1
1
.__~5
3.5
ADMINISTRATION
Director of Utilities
Asst. Director of Utilities
Administrative Secretary
Cross-Connection Compliance Officer
UTILITIES LINES
1
1
1
A
4
Superintendent
Asst. Superintendent
Crew Leader
Utility Maintenance Worker I
Utility Maintenance Worker II
Infiltration - Inflow Technician
WATER POLLUTION CONTROL
1
1
3
2
3
11
Superintendent
Asst. Superintendent
Utility Plant Supervisor
Senior Utility Plant Operator
Utility Plant Operator
Crew Leader
Utility Plant Operator Trainee
Utility Equipment Operator
Utility Maintenance Worker I
Utility Maintenance Worker II
Administrative Secretary
WATER SUPPLY
1
1
2
3
3
1
2
1
1
1
17
Superintendent
Utility Plant Supervisor
Senior Utility Plant Operator
Utility Plant Operator
Utility Plant Operator Trainee
Utility Maintenance Worker I
1
2
1
4
2
_1
11
UTILITIES MA1N~N~CE
Superintendent
Utility Maintenance Mechanic
AIRPORT
1
Airport Director
Airfield Maintenance Technician
Secretary (Part-time)
TOTAL PERSONNEL AUTHORIZED
1
1
Full-time Equivalent 229.95 227.95
Part-time 27.95
Regular Full-time !93.99 200.0
97-167 = RESOLUTION - CANCELLING TIlE AUGUST 19, 1997 COMMITTEE MEETINGS
AND TItE AUGUST 26, 1997 REGULAR TOWN COUNCIL MEETING
WHEREAS, it has been the tradition of the Leesburg Town Council to cancel the last Committee
meetings and Town Council meeting in August to observe summer vacations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Planning and Zoning, Administration and Public Works and Finance Committee meetings of
August 19, 1997 and the regular Town Council meeting of August 26, 1997, are hereby, canceled.
97-168 - RESOLUTION - AUTllORIZI~G A TIME EXTENSION FOR COMPLETION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
GREENWAY FARM SECTION 4B
WHEREAS, Trafalgar House, the developer of Greenway Farm Section 4B, 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 (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $131,000.00 from the American Home
Assurance Company was provided by the developer to guarantee the installation of public improvements
in Greenway Farm Section 4B.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Home Assurance Company in the
amount of $131,000.00 is approved to guarantee the installation of public improvements in Greenway
Farm Section 4B.
SECTION II. A time extension of six (6) months to February 1, 1998 for completion of the
public improvements is approved.
97-169 - RESOLUTION - AUTltORIZING A TIME EXTENSION FOR COMPLETION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
GREENWAY FARM SECTION $
WHEREAS, Trafalgar House, the developer of Greenway Farm Section 5, 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 (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $198,498.02 from the American Home
Assurance Company was provided by the developer to guarantee the installation of public improvements
in Greenway Farm Section 5.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Home Assurance Company in the
amount of $198,498.02 is approved to guarantee the installation of public improvements in Greenway
Farm Section 5.
SECTION H. A time extension of six (6) months to December 30, 1997 for completion of the
public improvements is approved.
97-170 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS AT LINDEN HILL PHASE H
WHEREAS, Linhab Development Company, the developer of Linden Hill Phase II, did not
complete 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 completed the project, except for the final paving of
Phase II, in order to avoid a claim against the performance guarantee; and
WHEREAS, Owens and Dove, Inc. accepted the town's offer to make a cash payment of
$10,625.00 in lieu of installing the final paving in Phase II of Linden Hill and the town will have Virginia
Paving, the town's paving contractor, install the final paving in Phase II; and
WHEREAS, owens and Dove, Inc. has also agreed to assign any unspent funds of the $10,625 to
the Linden Hill Homeowner's Association (HOA) for the purpose of paying for paving in Phase I of
Linden Hill; and
WHEREAS, since the final paving in Phase II will be done by the town, no warranty for the final
paving is required from Owens and Dove, Inc.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond issued by the Fidelity and Deposit Company of Maryland
in the amount of $58,985.71 is released and a new security in a form approved by the town attorney for a
maintenance guarantee in the amount of $9,237.95 is approved, and shall be in effect for a period of one
year from the date of this resolution.
SECTION II. A cash payment in the amount of $10,625.00 is accepted in lieu of the installation
of the final paving in Linden Hill Phase II.
SECTION III. The final paving in Linden Hill Phase II shall be included in the town's street
resurfacing program for FY 98 and shall be coordinated with the final paving installed by the Linden Hill
HOA in Linden Hill Phase I.
SECTOIN IV. This release is contingent upon delivery of a property executed instrument
conveying unto the town all such improvements and easements free of any liens or charges.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb, Jr., and
Mayor Clem.
Nay: None
Abstain: Councilmember Trocino from 11.(i) and
11.(1)
MOTION: On motion of, and duly seconded, the following resolution was proposed and adopted.
97-171 - RESOLUTION - NAMING THE TOWN OF LEESBURG WATER FILTRATION PLANT
IN MEMORY OF KENNETH B. ROLLINS
WHEREAS, the month of July, 1997, marks the 14th anniversary of the dedication of the Town of
Leesburg Potomac River Water Filtration Plant, where, Mr. Rollins served as the keynote speaker; and
WHEREAS, former Mayor Kenneth B. Rollins was a leader in the town's efforts to establish the
Potomac River as the public water supply source for the town; and
WHEREAS, Mr. Rollins served as Mayor of Leesburg from 1963 to 1973 and from 1978 to 1982,
and as a member of the Virginia House of Delegates from 1973 to 1976 and from 1982 until his death in
1988; and
WHEREAS, this Council would like to recognize Mr. Rollins' contributions by naming the plant
in his honor during the 14* anniversary of the opening of the facility.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Mayor
and Council hereby designate the Leesburg water treatment facility as the Kenneth B. Rollins Memorial
Water Filtration Plant and establish July 26, 1997, as the date for a dedication ceremony.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb, Jr., and
Mayor Clem.
Nay: None
ll.(m)
MOTION: On motion of Ms. Webb, seconded by Ms. Emswiller, the following resolution was proposed and adopted.
97-172 - RESOLUTION - AUTHORIZING AN APPROPRIATION FOR THE LOUDOUN
COUNTY YMCA DAY CAMP
WHEREAS, the Town of Leesburg received a donation of $25,000 to be used to help the needy
school children of Leesburg; and
WHEREAS, the Loudoun County YMCA sponsors a summer day camp for children; and
WHEREAS, the YMCA provides financial assistance to children from single parent families,
children who have been identified as "at-risk" of failure both academically and socially, and families in
which there is a crisis, such as death or divorce; and
WHEREAS, the YMCA day camp is a program that reinforces values such as honesty,
responsibility, caring and respect; and
WHEREAS, the YMCA is requesting $6,000 to provide scholarships for 50 at-risk children from
Leesburg to attend the YMCA camp at JR's Festival Lakes:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized to appropriate $6,000 from the $25,000 donation, to the
Loudoun County YMCA for its day camp.
VOTE:
Aye:
Nay:
Councilmembers Emswiller, Trocino, Umstattd, and B. $. Webb
Councilmembers Buttery, Wm. Webb and Mayor Clem
12. NEW BUSINESS
MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following resolution was proposed and adopted.
9%17:5 - RESOLUTION- RE-APPOINTING MEMBERS TO THE AIRPORT COMMISSION
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
R. W. Blake, Steve Hutchens, Daniel Moats and Thomas Nails are re-appointed to the Airport Commission for
two year terms to expire on June 30, 1999.
VOTE:
Aye:
Clem
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, Wm. Webb, B. J. Webb and Mayor
None
MOTION: On motion of Mr. Butte~, seconded by Mr. Webb, the following resolution was proposed and
9%174 - RESOLUTION - RE-APPOINTING MEMBERS TO THE THOMAS BALCH LIBRARY
COMMISSION
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Karen Titus, Mary Fishback, James Hershmann, Jr., and Marry Hiatt are m-appointed to the Thomas Balch
Library Commission for two year terms to expire on June 30, 1999.
VOTE:
Aye:
Clem
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, Wm. Webb, B. J. Webb and Mayor
None
MOTION: On motion of Ms. Webb, seconded by Ms. Umstattd, the following resolution was proposed and
9%17~ - RESOLUTION- RE-APPOINTING MEMBERS TO THE ARCH/TECTURAL REVEIW
BOAR~ CSA~)
Amhitectuml Review for two year terms to expire on June 30, 1999.
VOTE:
Aye:
Clem
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, Wm. Webb, B. J, Webb and Mayor
None
MOTION: On motion of Mr. Wcbb, seconded by Ms. Wel~, the following resolution was proposed and
9%176 RESOLUTION - RE-APPOINTING MEMBERS TO THE CABLE ADVISORY
COMMISSION
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Xrtrginia as follows:
Richard Hemdon, John W. Fiske, Roy_ Ott and Debm Williams are re-appointed to the Cable Advisory
Commissa3n for two year terms to expire on June 30, 1999.
VOTE:
Aye:
Clem
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, Wm. Webb, B. J. Webb and Mayor
None
MOTION: On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolution was proposed and
9%177 - RESOLUTION - RE-APPOINTING MEMBERS TO TIlE TREE COMMISSION
THEREFORE, RESOLVED by the Council of the Town of Leeslatrg in Virginia as follows:
Michael Jackson, Danny Osteen, Kathleen Burke Pritchard and Jennifer Luoma Whalley are m-appointed to the
Tree Commi.~ion for two year terms to expire on June 30, 1999.
VOTE:
Aye.'
Clem
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, Wm. Webb, B. J. Webb and Mayor
None
MOTION: On motion of; and duly seconded, the meeting was adjourned at 9:15 p.m.
E. Clem, Mayor
of Leesb~
Clerk of Council