HomeMy Public PortalAbout1997_07_22TOWN COUNCIL MEETING MINUTES OF JULY 22, 1997
A regular meeting of the Leesburg Town Council was held on Tuesday, July 22, 1997
at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The
meeting was called to order by Mayor Clem.
1. INVOCATION: was given by Councilmember Trocino
2. SALUTE TO THE FLAG was led by Councilmember Buttery
:~. ROLL CALL: All members of the Leesburg Town Council were present and included:
J. Frank Buttery, Jr., Jewell M. Emswiller, Joseph R. Trocino, Kristen C. Umstattd, B. J.
Webb, Wm. F. Webb, Jr. and Mayor Clem.
STAFF MEMBERS INCLUDED: Town Manager Steven C. Brown, Deputy Town
Manager Gary ~ Huff, Director of Engineering and Public Works Thomas ~ Mason,
Director of Planning, Zoning and Development Michael Tompkins, Director of Parks and
Recreation Kaj Dentler, Director of Utilities Randolph W. Shoemaker, Assistant Town
Manager for Economic Development John Henry King, Chief of Comprehensive Planning
Jerry Mucci, Deputy Town Attorney Deborah Welsh and Town Clerk Barbara Markland.
4. APPROVAL OF MINUTES:
MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the regular meeting minutes of
July 8, 1997 and the special meeting minutes of July 9, 1997 were approved as written.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb,
Mayor Clem
Nay: None
5. CERTIFICATE OF APPRECIATION: A Certificate of Appreciation was presented to
former Parks and Recreation Commission Chairman Terrance Young.
PETITIONERS
M~. Cooper and M~. Ellen Patterson, representing the Leesburg Family Support Group for
Charlie Company, 3rd Battalion 116th Infantry, addressed the Council. Ms. Cooper pointed
out that on September 5, Charlie Company would be activated to Bosnia for a 6 month tour.
Ms. Patterson thanked the Council for its support and invited the Council to attend the
support group's family picnic.
Mr. Robert Lorenz, 310 Lounsbury Court, N.E., addressed the Council with concern about
police protection in his community - noting various vandalism crimes taking place recently
on his street. Mr. Lorenz also expressed concern with the day care center approved by the
Council. He asked staff to respond to his concerns.
Ms. Vittoria Jann-Lewis. addressed the Council regarding the hot car ordinance. Ms. Lewis'
statement is made a part of the official record.
7. PUBLIC HEARING to consider Special Exception Application #SE-97-04 Sheetz, Inc.
was postponed to a future date.
8. COUNCILMEMBER COMMENTS
Mr. Webb had no comments.
Mr. Buttery stated a Drug Free Community Act was enacted on June 7, 1997 and asked
staff to see if there is funding available for the Town of Leesburg. He thanked Congressman
Wolf for keeping the town informed.
Mr. Buttery wished his father a speedy recovery.
Ms. Umstattd met with Chip Burton and Robert Sevila representing HP Properties about
what may be a feasible use for the property. Ms. Umstattd also met with Mr. Ross, Mr.
Roberson, Mr. Finn and Mr. Overstreet regarding the Public Safety Center. Ms. Umstattd
stated Chief Stiles was present at the meeting as well and did a good job answering
questions and addressing their concerns.
Mr. Trocin0 also met with Mr. Ross, Roberson, Finn and Overstreet. Mr. Trocino asked
staff to circulate to the Council the NVPDC annexation information. He pointed out that 33
new businesses have opened in the Town.
MS. Emswiller thanked Mr. Young for his years of service to the town. She commended the
town staff for conducting a strategic planning session and hopes the Town Council will
follow suit. Ms. Emswiller also met with the group that Ms. Umstattd and Mr. Trocino met
with.
Ms. Webb met with representatives of HP Properties to discuss the property on Route 7.
Ms. Webb pointed out that the sidewalk on Harrison is near completion. Ms. Webb
referenced the re£mancing of the County Administration Building and asked staff and
Council to ensure that the Town's interests are protected and maintained. Ms. Webb
suggested this be placed on the Finance Committee for further discussion. Ms. Webb
referenced a letter from Congressman Wolf regarding the FY98 CIP which includes a
request for upgrading the Leesburg Municipal Airport. Ms. Webb thanked Mr. Young for
his years of service to the Town. Ms. Webb stated she is thrilled, as well, to see 33 new
businesses open in the Town of Leesburg.
9. MAYOR'S REPORT
Mayor Clem stated he too will be meeting with Mr. Ross, McDonald, Overstreet, Finn and
Roberson. He thanked the ladies from the National Guard family support group for their
comments.
10. MANAGER'S REPORT
Mr, Brown announced that a block party will be held on Pathway Drive, N.E. on August 2,
1997 from 1-6 p.m., with a rain date of August 3. He reminded the Council of the dedication
of the Water Treatment Plant planned on Saturday, July 26. Mr. Brown stated, staff will do
everything to ensure the town is protected with regard to the county building.
Mr. Buttery asked staff to circulate the Gilcorp agreements to the Town Council for review.
Mayor Clem asked staff to provide the status of the traffic light on Fairview Street. He also
pointed out that the cycle of the traffic light at the intersection of Market and King Streets
may be malfunctioning. He asked staff to look in this matter.
11. LEGISLATION:
11. (a)
MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was
proposed and adopted.
97-0-28 - ORDINANCE - AMENDING CHAPTER 10 OF THE TOWN CODE MOTOR
VEHICLES AND TRAFFIC
WHEREAS, Town Council desires to amend the Town Code pertaining to
commercial vehicles on residential streets.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section 10-152.3. Parking commercial vehicles on residential streets
prohibited.
NO person shall park any commercial vehi~le~ exceot while loading or unloading or
while involved in construotion work Or while performing services such as reoair
and/or installation of eouioment, within or along any town street where the land
abutting the street is classified as a residential district under the town's zoning
ordinance. For purooses of this Section, a commercial vehicle is any vehicle with a
gross vehicle weight exceeding 10,000 oounds.
Section 10-152.3 4. Penalty for violation of Section 10-152.1 ~, 10-152.2 or
10-152.3.
Every person convicted of a violation of Section 10-152.1 o~, 10-152.2 or 10-152.3
shall be punished by a fmc not to exceed twenty-five dollars for each offense.
SECTION II. This ordinance shall be in effect upon passage.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd,
Mayor Clem
Nay: None
B. J. Webb, Wm. Webb,
11. (b)
MOTION: On motion of Ms. Umstattd, seconded by Ms. Webb, the following ordinance was
proposed and adopted.
97-0-29 - 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 animals in vehicles of excessive temperatures.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Sec. 4.23. Con£mement of Animals in Vehicles Prohibited.
(a) Any person who con£mes 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 fme not greater than five hundred dollars ($500). An_v law enforcement
official may access the enclosed vehicle and remove such an endangered
animal. Such animal may be transoorted to a veterinarian bv the law
enforcement official at the exoense of the defendant.
Co) 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 Title 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. Webb,
Mayor Clem
Nay' None
CONSENT ITEMS
11. (c), (d), (f), (g), (h), (i), (j), (1)
MOTION: On motion of Mr. Trocino, seconded by Mr. Buttery, the following resolutions
were proposed as consent items and adopted.
97-179 - RESOLUTION - DESIGNATING THE COMPOSITION OF THE NOISE
ABATEMENT CORRIDOR ADVISORY COMMITTEE
WHEREAS, on May 13, 1997, the Town Council adopted Resolution #97-105 which
decreed an Advisory Committee selected by Council shall draft amendments to Town
ordinances for the purpose of establishing Noise Abatement Corridors along certain major
thoroughfares within the Town of Leesburg; and
WHEREAS, the Noise Abatement Corridor Advisory Committee has been proposed
to consist of seven diverse members to ensure adequate input from the public and private
sectors; and
WHEREAS, Council has solicited letters of interest from members of the public
interested in serving on the Committee; and
WHEREAS, the Council desires the Noise Abatement Advisory Committee to make
specific ordinance text amendment recommendations to the Planning Commission in a
timely manner.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as
follows:
SECTION I. The Noise Abatement Corridor Advisory Committee shall be
composed of seven (7) members, including one Town Council member with the remaining six
members to be drawn from the private sector and the general public.
SECTION II. The Advisory Committee shall report its recommendations to the
Planning Commission consisting of specific text amendments to Town ordinances within six
(6) months from the date of its organizational meeting.
DISCUSSION:
Ms. Emswiller stated she hopes at least three members of the committee will be private
citizens.
97-180 - RESOLUTION - AUTHORIZING THE USE OF RUSTIC VIRGINIA SLATE
ASPHALT ROOF SHINGLES ON THE FIRE STATION TO BE CONSTRUCTED ON
THE PUBLIC SAFETY CENTER SITE
WHEREAS, the Town of Leesburg and Leesburg Volunteer Fire Company, Inc.
executed a Letter of Intent which provides terms under which the fire company will
construct and operate a fire station on the property purchased by the town for a public
safety center; and
WHEREAS, under the terms of the aforementioned Letter of Intent, it was agreed
that "The building size, architecturals, elevations, site location, and site improvements of
the £rre station shall be agreed to by both parties prior to construction thereof'; and
WHEREAS, Resolution No. 97-13 adopted January 14, 1997 amended the Letter of
Intent to authorize the use of roof shingles on the £rre station but required approval of the
roof color; and
WHEREAS, the £rre company subsequently submitted to the Council's
Administration and Public Works Committee, a sample of the material in the color proposed
for use on the £rre station.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The Town Manager is authorized to execute on behalf of the town, an amendment to
the Letter of Intent between the Town of Leesburg and the Leesburg Volunteer Fire
Company, Inc. granting approval of the use of shingles on its facility in the submitted Rustic
Virginia Slate color.
97-181 - RESOLUTION - AUTHORIZING A STREET RESURFACING PLAN FOR FY
98
WHEREAS, the FY98 budget appropriated $355,000 for street resurfacing; and
WHEREAS, the Director of Engineering and Public Works has recommended
specific streets to be resurfaced in a memorandum dated July 10, 1997.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The street resurfacing program outlined in a memorandum to the Council dated
July 10, 1997 in the priority listed, is approved.
97-182 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR POTOMAC CROSSING SECTION 3B-1
WHEREAS, on August 13, 1996 the Town Council adopted Resolution #96-177
which authorized an agreement and approved a performance guarantee and water and
sewer extension permits for Potomac Crossing Section 3B; and
WHEREAS, Arcadia Building Company, the developer of Potomac Crossing Section
3B, revised the plans and plat of this section of Potomac Crossing and has renamed it to
"Potomac Crossing Section 3B-1"; and
WHEREAS, the cost estimate for public improvements for Potomac Crossing Section
3B-1 is $150,615.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The manager shall execute a new contract for public improvements for
the improvements shown on the plans approved by the Director of Engineering and Public
Works for Potomac Crossing Section 3B-1.
SECTION II. The corporate surety bond in a form approved by the town attorney
from The American Insurance Company in the amount of $150,615.00 is approved as
security to guarantee installation of public improvements shown on plans approved by the
Director of Engineering and Public Works for Potomac Crossing Section 3B-1.
SECTION III. The extension of municipal water and sewer for Potomac Crossing
Section 3B- 1 is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION IV. The contract for installation of public improvements authorized by
Resolution #96-177 will be canceled after the new contract and performance guarantee
approved in Section I and II above are executed and in effect.
97-183 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS
FOR TOWNES OF VANDERBILT SECTION III
WHEREAS, Council Resolution #97-67, adopted on March 25, 1997, authorized an
agreement for installation of public improvements for Townes of Vanderbilt Section III; and
WHEREAS, the developer, The Double T Corporation, did not provide a performance
guarantee for the public improvements; and
WHEREAS, the £mal subdivision plat for Townes of Vanderbilt Section III cannot be
recorded until the public improvements are completed and accepted by the Town Council or
a performance guarantee acceptable to the Town Council is provided; and
WHEREAS, the estimated cost to install the public improvements shown on the
approved construction drawings for Townes of Vanderbilt Section III has been reduced by
the Director of Engineering and Public Works from $370,793.61 to $246,552.81 based on
improvements installed as of June 25, 1997; and
WHEREAS, the developer proposes to provide a letter of credit from The
Washington Savings Bank in the amount of $246,552.81 to guarantee the installation of the
public improvements shown on the plans approved by the Director of Engineering and
Public Works for Townes of Vanderbilt Section III.
RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager shall execute a new contract for installation of public
improvements for the improvements shown on the plans approved by the Director of
Engineering and Public Works for Townes of Vanderbilt Section III.
SECTION II. The letter of credit in a form approved by the Town Attorney from
The Washington Savings Bank in the amount of $246,552.81 is approved as security to
guarantee installation of the public improvements shown on the plans approved by the
Director of Engineering and Public Works for Townes of Vanderbilt Section III.
SECTION III. The extension of municipal water and sewer for Townes of Vanderbilt
Section III is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION IV. The contract for installation of public improvements authorized by
Resolution #97-67 will be canceled after the new contract and performance guarantee
approved in Section I and II above are executed and in effect.
97-184 - RESOLUTION - ENDORSING A COMPREHENSIVE GRAFFITI RESPONSE
PLANFOR THE TOWN OF LEESBURG
WHEREAS, the Town Council through the Public Safety Committee has expressed
a desire to fight graffiti and its harmful effects in the community; and
WHEREAS, the Chief of Police has authorized a Comprehensive Graffiti Response
Plan, which includes prevention, enforcement, and removal functions; and
WHEREAS, this Plan includes the formation of a partnership of political leaders,
government, businesses, civic organizations, and private citizens; and
WHEREAS, this Plan will be implemented at the Annual Graffiti Abatement Day
clean up.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The Comprehensive Graffiti Response Plan prepared by the Town of Leesburg Chief
of Police is hereby endorsed and an Annual Graffiti Abatement Day will be established.
97-185 - RESOLUTION - AUTHORIZING A LAND USE PERMIT APPLICATION
FOR CONSTRUCTION OF POTOMAC STATION MIDDLE SCHOOL WATER LINE,
WATER SYSTEM IMPROVEMENTS, PHASE IV, MAIN ZONE
WHEREAS, it becomes necessary from time to time for the town to obtain Land Use
Permits (Permits) from the Virginia Department of Transportation (the Departmen0 to
install, construct, maintain and operate certain public works and public utilities projects
along, across, over and upon the highway system of Virginia; and
WHEREAS, expense, damage or injury may be sustained by the Commonwealth of
Virginia growing out of the granting to the Town of Leesburg by the Department of said
Permits for the work aforesaid;
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That per the provisions of Section 1.064 of the Land Use Permit
Manual of the Virginia Department of Transportation, the Town of Leesburg does hereby
grant assurance to the Department that it shall in all respects comply with all of the
conditions of the Permit or Permits that have been or will be, granted to the Town of
Leesburg, and that the Town of Leesburg does hereby certify that it will carry liability
insurance for personal injury and property damage that may arise from the work performed
under Permit and/or from the operation of the permitted activity as follows: up to one
million dollars ($1,000,000) each occurrence to protect the Commonwealth Transportation
Board (the Board) members and Department's agents or employees; and seventy-five
thousand dollars ($75,000) each occurrence to protect the Board, the Department or the
Commonwealth in the event of suit.
SECTION II. The Town Manager is hereby authorized to execute on behalf of the
Town of Leesburg all Permits and related documents of the Department.
SECTION III. This resolution shall be a continuing resolution and shall not be
revoked by the Town Council unless and until sixty (60) days written notice of any proposed
revocation shall be submitted by the Town Council to the Department.
97-186 - RESOLUTION - AUTHORIZING THE USE OF THE COUNCIL CHAMBERS
WHEREAS, the Reverend Canty of the Christ Chapel Church has requested the use
of the Council Chambers on Sunday, August 31, 1997, for four hours to conduct a special
service.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
Permission to rent the Council chambers for four hours on Sunday, August 31, 1997
by the Christ Chapel Church is hereby granted.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino; Umstattd, B. J. Webb, Wm. Webb,
Mayor Clem
Nay: None
REGULAR AGENDA ITEMS
11. (e) was referred to the August 5, 1997 Planning & Zoning Committee agenda
for further consideration.
11. (k)
MOTION: On motion of Ms. Webb, seconded by Mr. Trocino, the following resolution was
proposed and adopted.
91-187 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO ISSUE A
REQUEST FOR PROPOSALS FOR CONSULTING SERVICES FOR CABLE
TELEVISION FRANCHISE RENEWAL
WHEREAS, the Town of Leesburg~s cable television Franchise Agreement will
expire March 24, 2000; and
WHEREAS, federal law provides for renewal proceedings to begin during the six
month period which begins with the 36th month before the franchise expiration; and
WHEREAS, the cable franchisee, Cablevision of Loudoun, has notified the town it
intends to seek renewal of the franchise; and
WHEREAS, on June 9, 1997, the Cable TV Advisory Commission recommended the
town hire a consultant to assist with the renewal process.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that
the Mayor and Council hereby authorize the Town Manager to issue a Request for Proposals
for consulting services for cable television franchise renewal.
DISCUSSION:
Ms. Webb stated, the public needs to be aware of the town moving toward a cable franchise
renewal. She stated she hopes the citizens will provide input to the town on this issue.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb,
Mayor Clem
Nay: None
11. (m)
MOTION: On motion of Ms. Webb, seconded by Mr. Buttery, the following resolution was
proposed and adopted.
97-188 - RESOLUTION- AUTHORIZING REIMBURSEMENT FOR SEWER LINE
CONSTRUCTION MIDDLE TUSCARORA CREEK
WHEREAS, development of Sycamore Hill by Balfour Holding, Incorporated
resulted in deferral of a portion of the Middle Tuscarora Creek sewer system improvements
constructed by the town; and
WHEREAS, Balfour Holding, Inc. designed and constructed the remaining portion of
the Middle Tuscarora Creek Sewer as part of their development under a reimbursement
agreement with the town; and
WHEREAS, the town's share of the cost for construction of the sewer by Balfour
Holding Inc., including manholes and rock excavation has been determined to be
reimbursable in the amount of $119,621.87;
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 reimburse
Balfour Holding, Incorporated in the amount of $119,621.87 for construction of the Middle
Tuscarora Creek sewer line improvement within their development.
SECTION II An appropriation to account (306)3140.700.741, Middle Tuscarora
Creek Sewer Improvement is hereby made from the unappropriated Utility Fund balance in
the amount of $120,000.00.
VOTE:
Aye: Councilmembers Buttery,
Mayor Clem
Nay: None
Emswiller, Trocino,
Umstattd, B. J. Webb, Wm. Webb,
11. (n)
MOTION: On motion of Ms. Umstattd, seconded by Ms. Webb, the following resolution was
proposed and adopted.
97-189 - RESOLUTION - AUTHORIZING THE AWARD OF THE AFSS BUILDING
EXPANSION AND RENOVATION TO NEW CONSTRUCTION, INC.
WHEREAS, the expansion and renovation of the FAA Automated Flight Service
Station (AFSS) is an approved Capital Improvement Plan project on the Airport Layout
Plan; and
WHEREAS, Town advertised for sealed bids for the expansion and renovation of the
FAA AFSS building and proposals received on July 2, 1997, pursuant to State and local
procurement laws; and
WHEREAS, based on the nine (9) complete and responsive proposals received, New
Construction, Inc., (NCI) was the low bidder with a bid of $582,600.00; and
WHEREAS, NCI has been found a responsive responsible bidder; and
WHEREAS, the Leesburg Airport Commission voted unanimously at their July 10,
1997 meeting to recommend awarding the contract to NCI.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The Town Manager is hereby authorized and directed to enter into a contract, in a
form approved by the Town Attorney, with NCI, in the amount of $582,600.00 for the
expansion and renovation of the FAA AFSS building at the Leesburg Municipal Airport.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb,
Mayor Clem
Nay: None
11. (o)
MOTION: On motion of Ms. Umstattd, seconded by Ms. Webb, the following resolution was
proposed and adopted.
97-190 - RESOLUTION - AWARDING OF A CONTRACT FOR A
TELECOMMUNICATIONS SYSTEM FOR THE PUBLIC SAFETY CENTER
WHEREAS, the budget for the Public Safety Center contains an estimated
allowance of $100,000 for a telecommunication system; and
WHEREAS, sealed bids for a telecommunications system were solicited by public
advertisement in May, 1997, resulting in three bids being received; and
WHEREAS, the bids were evaluated pursuant to the bid documents and the town
Purchasing Policy; and
WHEREAS, WilTel Communications, LLC has been declared the lowest responsive
and responsible bidder at a lump sum bid of $104,222.00.
THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in
Virginia as follows:
The Town Manager is authorized to execute, on behalf of the town, a lump sum
contract with WilTel CommunicatiQns, LLC in the amount of $104,222.00.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb,
Mayor Clem
Nay: None
NEW BUSINESS:
12. (a)
MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was
proposed and adopted.
97-191 - RESOLUTION - MAKING AN APPOINTMENT TO THE CABLE
TELEVISION ADVISORY COMMISSION
WHEREAS, a vacancy currently exists on the Cable Television Advisory
Commission due to the resignation of Robert Latta, Jr, whose term of office expires on June
30, 1998; and
WHEREAS, in accordance with §5.1-80 of the Town Code, this appointment shall be
made by the Town Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
Leslie Lloyd is appointed to the Cable Television Advisory Commission to ifil the
unexpired term of Robert Latta, Jr., and whose term shall expire on June 30, 1998.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb,
Mayor Clem
Nay: None
12. (b)
MOTION: On motion of Ms. Emswiller, seconded by Mr. Trocino, the following resolution
was proposed and adopted.
97-192 RESOLUTION - MAKING APPOINTMENTS TO THE LEESBURG
ECONOMIC DEVELOPMENT COMMISSION
WHEREAS, a vacancy currently exists on the LEDC due to the resignation of Ray
Pelletier whose term of office expires on June 30, 1998; and
WHEREAS, Chairman Marc Weiss declined re-appointment effective June 30, 1997,
which was the expiration date of his term of office:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Laura Sabin is appointed to the Leesburg Economic Development
Commission to fill the unexpired term of Ray Pelletier, and whose term of office will expire
on June 30, 1998.
SECTION II. Kurt Lackner is appointed to the Leesburg Economic Development
Commission for a two-year term to expire on June 30, 1999.
VOTE:
Aye: Councilmembers Buttery, Emswfiler, Trocino, Umstattd, B. J. Webb, Wm. Webb,
Mayor Clem
Nay: None
12. (c)
MOTION: On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolution
was proposed and adopted.
97-193 - RESOLUTION - MAKING AN APPOINTMENT TO THE ENVIRONMENTAL
ADVISORY COMMISSION
WHEREAS, a vacancy currently exists on the Environmental Advisory Commission
due to the resignation of Ann Willingham, whose term of office expired on June 30, 1997:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
Laura Thomson is appointed to the Environmental Advisory Commission to a two
year term which shall expire on June 30, 1999.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb,
Mayor Clem
Nay: None
lg. (d)
MOTION: On motion of, and duly seconded, the following resolution was proposed and
adopted.
97- 194 - RESOLUTION - MAKING AN APPOINTMENT TO THE PARKS AND
RECREATION ADVISORY COMMISSION
WHEREAS, Chairman Terrance Young resigned effective June 30, 1997, which was
the expiration date of his term of office:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
James L. Timbers is appointed to the Parks and Recreation Advisory Commission to
a two year term which shall expire on June 30, 1999.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb,
Mayor Clem
Nay: None
12. (e)
MOTION: On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was
proposed and adopted.
97-195 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED AT THE
MIDDLEBURG BANK - PERMANENT BANK SITE
WHEREAS, the town's Director of Engineering and Public Works has reviewed the
public improvements installed to date at The Middleburg Bank - Permanent Bank Site and
certified that the value of work performed is $75,184.81; and
WHEREAS, a cash bond in the amount of $83,538.68 was provided by the developer
and approved by the Council to guarantee installation of public improvements for The
Middleburg Bank. Permanent Bank Site.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The cash bond from The Middleburg Bank in the amount of
$83,538.68 is reduced to $8,353.87.
SECTION II. The Town Manager shall notify the developer that liability for the
cash bond has been reduced as outlined in Section I of this resolution and that this
reduction does not constitute acceptance of public improvements by the town or relieve the
developer of responsibilities outlined in the contract for public improvements for The
Middleburg Bank - Permanent Bank Site.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb,
Mayor Clem
Nay: None
MOTION: On motion of, and duly ~econded, the meeting was adjourned at 9:15 p.m.
,Jaj~fes E. Clem, Mayor
/T6wn of Leesburg
Clerk of Council