Loading...
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