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HomeMy Public PortalAbout1997_08_12TOWN COUNCIL MEETING MINUTES OF AUGUST 12, 1997 A regular meeting of the Town Council was held on Tuesday, August 12, 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. COUNCILMEMBERS PRESENT J. Frank Buttery, Jr. Jewell M. Emswiller (absent) Joseph 1~ Trocino Kfisten C. Umstattd B. J. Webb William F. Webb, Ir. Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Director of Finance Paul E. York Director of Utilities Randolph W. Shoemaker Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Chief of Comprehensive Planning Jerry Mucci Planner Marilee Seigfried Public Information Officer Susan Farmer WPCF Superintendent Steve Cawthron Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember B. J. Webb. 2. SALUTE TO THE FLAG was led by Councilmember William F. Webb, Jr. 3. ROLL CALL all members were present except Councilmember Jewell M. Emswiller. 4. APPROVAL OF MINUTES MOTION: On motion of Ms. Webb, seconded by Ms. Umstattd, the special meeting minutes of July 21, 1997, July 29, 1997 and the regular meeting minutes of July 22, 1997 were approved as written. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. $. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller Abstain: Councilmember Buttery from the minutes of luly 29, 1997 5. PETITIONERS Mr. Mark Pitz, Vice President of the Loudoun Restoration and Preservation Society, addressed the Council requesting a grant from the Town in the amount of $1,500.00 to defray advertising costs for August Court Days. Mr. and Mrs. Terrand, addressed the Council, announcing the opening of their new business in Leesburg, Terrand Computer Services, Inc. Ms. Lisa Speek, 150 Clubhouse Drive, S.W., encouraged the Council to seriously consider finding a means of preserving the Issac Walton Park. Dr. Randy Hollister, representing the Loudoun Country Day School, addressed the Council regarding safety issues. He requested police assistance at the intersection of Fairview and Market Streets and Catoctin Circle during the upcoming school hours. 6. PUBLIC HEARING - To consider Special Exception Application #SE97-05 Star Pontiac, Buick, GMC. Ms. Seig~.~5.e__d: prev/d.,d tJ~e stoff report. pte.r. No public comment was received. The Mayor closed the public hearing. This matter was referred to the September 2, 1997 Planning and Zoning Committee. 7. COUNCILMEMBER COMMENTS Mr. Webb stated the Council needs to discuss and consider what the City of Chesapeake has done with regards to controlling residential growth. Mr. Webb stated he is not in favor, at this time, of anaexing. He stated, the town needs to take care of what it has now before annexing additional property. He asked that the matter of water and sewer service charges outside the town limits be placed on a future committee agenda for discussion. Mr. Buttery stated he met with representatives of the HP properties. He stated, the public safety center is moving along. Occupancy is scheduled in September with an official grand opening in November. Mr. Buttery encouraged the public to attend August Court Days. He commended the Civil War Reenactment event on its success. Ms. Umstattd supported Mr. Webb's comments regarding the additional charge for water and sewer customers outside the town's limits. Mr. Trocino pointed out that 98 citations have been issued for making a left turn at the intersection of King and Market Streets during certain hours. He encouraged the police to continue to monitor this intersection. Mr. Trocino suggested the Council consider new park land in the town. He stated he supports annexation. He met with representatives of the HP properties. Mr. Trocino also noted the success of the Civil War Reenactment event. Ms. Webb asked staff to prepare a status report on the proposed water tank. Ms. Webb asked that the issue of the western bypass be discussed at the Council's retreat. Ms. Webb is the United Way Chairman this year and the kick offfor this year's campaign will be held on September 10, at the National Parks and Recreation building in Ashburn. She encouraged the Town Council and town staff to participate. Ms. Webb pointed out that on August 23, during the dinner hour, the America's Best Diner will contribute 10 percent of its proceeds to the United Way Campaign. 8. MAYOR'S REPORT Mayor Clem encouraged Loudoun County to support the United Way Campaign. He asked the Council to submit their ideas for discussion during the upcoming Council retreat. He attended the July 26, dedication of the Kenneth B. Rollins Memorial Treatment Plant. He reminded the Council of the special meeting scheduled on Wednesday, August 13, with representatives of liP. Mayor Clem reminded the users of the bike trail to obey the signs along the trail. He asked staff to check the traffic light at the intersection of Catoctin Circle and Market Street. Mayor Clem asked that the issue of the Market Station proceeds be placed on the next Finance Committee agenda. 9. MANAGER' REPORT Mr. Brown highlighted items in the Manager's Report. 10. LEGISLATION MOTION: On motion of Mr. Webb, seconded by Mr. Trocino, the following resolutions were proposed as consent and adopted. 10. (a), Co), (d), (e), (0, (g), Co), (i), (j), (k), (!), (m) 97-198 - RESOLUTION - APPROVING THE VACATION OF PORTIONS OF A SANITARY SEWER EASEMENT WITHIN THE POTOMAC STATION SUBDIVISIGN WHEREAS, Richard A. Lanham of KSI Services, Inc. has requested that the Town vacate portions of on existing effluent force main easement and an existing sanitary sewer easement within the Potomac Station subdivision; and ~TtrlEF~AS, ~.e [..c~dons o.e. the easements to be vacated will be with/n p~:blic ~reet right-of-way .......... ~. ...... . ........ aasociat¢,,', recor,5 plats; SECTION I. Those portions of the 30' effluent force main easement and 30' sanitary sewer easement labeled as "hereby vacated" within the Potomac Station subdivision on record plats prepared by Bowman Consulting Group are hereby vacated. SECTION II. This ordinance shall be in effect upon the recordation of the associated record plats identified above. 97-199 - RESOLUTION - FY 1999 TRANSPORTATION PROJECT FUNDING REQUESTS FOR CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENTS PROGRAM (CMAQ) AND REGIONAL SURFACE TRANSPORTION PROGRAM(RSTP) PROGRAM WHEREAS, the Technical Committee of the Northern Virginia Transportation Coordinating Council (FCC) has asked member jurisdictions to identify transportation projects in order of priority which might qualify for regionally allocated federal funding for FY 1999. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The following projects are among the town's transportation objectives and are recommended for funding during FY 1999. The town requests that the following CMAQ and RSTP projects are submitted to the TCC in the priority order as listed below: A. Regional Surface Transportation Program 1. Design of Battlefield Parkway from Sycolin Road to Fort Evans Road (Project N/A). 2. Widen South King Street from Route 621 to south corporate limits (Project No. (FO)0015-253-101, PE101,RW201,C501). 3. Widen Route 7/15 Bypass to six lanes from Route 7 to Route 15 and completion of the Route 7/15 Bypass interchange (Project No. 6007-053-128, PE101. B. Congestion Mitigation and Air Quality Improvements Coordination of traffic signal system on Catoctin Circle and Market Street (project No. (NFO)0015-253-102, PE101,CS01). 97-200 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT GREENWAY FARM SECTION 1 WHEREAS, Trafalgar House, the developer of Greenway Farm Section 1 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 American Home Assurance Company in the amount of $218,100.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $54,475.00 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. 97-201 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT GREENWAY FARM SECTION 4A WHEREAS, Trafalgar House, the developer of Greenway Farm Section 4A has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. TI-~KEFORE, RESOLVED by the Council of the Town of Lecsburg in Virginia as follows: SECTilCH I. Tt~,~ cohx)mte sure*.y bond ~ .... · ,.m~. ~;me:.J.c~:,: Home P~z~c~; Comfy in ~e ~../,zOO.O, xs a r.ew ~ tpV':.7~ the to~ a~om~ for a ~2~ '"';'q'"~., ~. ~ ~,-~'-"... . '~- ~,¢:?:~.::)g~::x' ' · %Y'7':,5 -. ...., . ?" '::~; ": ir~*''',"-.-.- ~ ..... 97-202 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT WOODLEA MANOR SECTION 3 WHEREAS, Winchester Homes, the developer of Woodlea Manor Section 3 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 Safeco Insurance Company in the amount of $827,121.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $41,356.05 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. 97-20~ - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR OLD WATERFORD KNOLL SECTION 1 WHEREAS, Richmond American Homes, the developer of Old Waterford Knoll Section 1, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a corporate surety bond in the amount of $112,946.80 from the Frontier Insurance Company was provided by the developer to guarantee the installation of public improvements in Old Waterford Knoll Section 1. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the Frontier Insurance Company in the amount of $112,946.80 is approved to guarantee the installation of public improvements in Old Waterford Knoll Section 1. SECTION II. A six (6) month time extension to February 3, 1998 for completion of the public improvements is approved. 97-204 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN EXETER FIRST ADDITION WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Exeter First Addition and certified that the value of the work performed is $359,380.00; and WHEREAS, a corporate surety bond in the amount of $467,995.99 from the American Motorists Insurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Exeter First Addition. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the American Motorists Insurance Company in the amom~t of $467,995.99 is reduced to $108,616.00. SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond french has been red'aced as outlined in Seclio~, I of tiffs resolution and that this red-a~cn does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities oufl/ned in the contract for public imi~rovements for Exe::er Fi~ Addifien. WHEREAS, the County of Loudoun desires to continue its utilization of Foxridge Park field for youth soccer in the fall, and girls softball in the spring; and WHEREAS, the Town of Leesburg and the County of Loudoun have agreed to terms on a new agreement for use of Foxridge Park through April 30, 2002; and WHEREAS, the Leesburg Parks and Recreation Advisory Commission has endorsed the field agreement; and WHEREAS, the Leesburg Council's Administration and Public Works Committee has recommended approval of the field agreement. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to enter into a field use agreement with the County of Loudoun for use of Foxridge Park field through April 30, 2002. 9%206 - RESOLUTION - AUTHORIZING APPLICATION FOR STATE FINANCIAL ASSISTANCE FROM THE VIRGINIA WATER QUALITY IMPROVEMENT GRANT FUND COOPERATIVE POINT SOURCE PROGRAM WHEREAS, the Virginia legislature has appropriated approximately $11 million in FY 1998 funds, to be awarded as 50 percent cost share grants for implementation of the Potomac/Shenandoah River Basin Tributary Strategy for nutrient reduction; and WHEREAS, approximately $7.9 million is available in FY 1998 funds for the point source nutrient reduction program for the design and installation of nutrient control systems that assist in meeting the goals of the Chesapeake Bay Program; and WHEREAS, a "Preliminary Assessment of the Leesburg Water Pollution Control Facility for Biological Nutrient Removal" was completed this year by the Virginia Tech Research Division under a US EPA grant which identified the Leesburg WPCF as a feasible candidate for biological nutrient removal; and WHEREAS, the Virginia Department of Environmental Quality (DEQ) has established an August 29, 1997 deadline for FY 98 application for grant funding; and WHEREAS, it is the desire of this Council to take a pro-active approach to nutrient reduction in the Chesapeake Bay through voluntary upgrade of the Leesburg Water Pollution Control Facility to accomplish biological nutrient reduction. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized and directed to submit a grant application to Virginia DEQ, by the established deadline, for FY 1998 grant funding in the amount of $3,000,000.00. 97-207 - RESOLUTION - OF THE TOWN COUNCIL OF THE TOWN OF LEESBURG, AUTHORIZING THE ISSUANCE AND SALE OF UTILITY SYSTEM REVENUE REFUNDING BONDS WHEREAS, the Town of Le~b~, Virginia (the 'Town') i~ued it~ $26,575,000 Utility System Revenue Bond~, Series 1992 (the 'Series 1992 Bond~) to finance expansion and improvement of the Town's wa~tewater collection, processing and l~'eatment system and related facilities. The Towu Council ha~ determined that it i~ advantageous to refinance a portion of the Seriee 1992 Bonda (the "Refunded BondW) and to isaue revenue honda of the Town to provide fundz for such purpose. fol~owt,: 2. p~ed~ of Remm,,~_ Tbs Bonds shell b~ limited obiig~tio,~ ofiim Town ~ ~~ d~ W ~ To~ ~m ~ ~ ~ ~~ ~ ~ ~~ Bo~ ~ ~ ~ ofT~ ~ u of~ I, 1~2 (~ ~~ ~ ~ To~ ~To~ ~T~~~~~Bo~~~ T~ Town Coumil authorizes thru sstm of~ Bomts m Wheat Fir~ Buich~r ~ns~r, as ~~er ('~.I~awriier~ and such o~er co-rra~sing unde,wr~rs as tbs Town Manager rosy approve. T~ Mayor of~e Town erg tim TownMamger, or ei6mr of them, ar~ authorized a.nd dimc~ m execu~ ~ deliver a Bomi Purc~ ~ with ~ Umi~sri~r (Urn '~o~ a~ ~ D~r of F~ or ei~ of~ ~ au~ ~ ~ ~ ~~ ~ deliver the Second Supplemental Indenture of Trus~. 7. l~on-~_ae Ce~cnte nad T~ C~ve~n,~. The Town Manager and such officers and agents of the Town as he may designate are authorized and directed to execute · with the provisions of the Internal Revenue Code of lg86, aa amended ("Code'). including the provisions of Section ! 48 offs Code end applicable re~lations rehth~ m "arbitrage bonds. ' The Town Council covenann on behs~f~ o£~ Town tint the lnoceeds t~om the issuance end sale of the Bonds will be invested and expended as set forth in the Town's Non. At4~ragn Certflkam end Tax Covem~-_,_. to be delivered simul~u~y with the issuance mi delivery of the Bonds end that the Town shall comply with the other covenants a,vt representations contained the~in. 9. E~,I~,LAGgt;~. The Town Manager, and such oRhen and agents of the Town as he may designate, are authorized and directed to take such ftu-ther action as they deem necessary re~ardin$ the issuance end sale of the Bonds ,,,4 ell actions ,-t-,u by such o/frets and a~ents in connection with the issuance end sale of the Bonds are hereby retied a~d cordima. tO. MI~a ot'l~mhl~nn_ The appm~ o/]tcers or alMnts of the Town are authorized and ~ to file a ten/fled copy ofthh Resoht/on w/th tim Cinm/t Court of l 1. ~-ti~ [~te: A.mjlic~h{,,_ bw. Thil Reso~n shall take effect iznmd~tely. In accordance with Section 15.1-227.2 of the Code of V'u'ginia of 1950, aa amended, the Town Coumil elects m issue the Ronda punuant to ',~ pmvJsiom of the Public F'mance Act of 1991. The unders/gned Mayor and Clerk of the Town Council of the Town of Leesburg, V'u%~nh,. ccnif7 that the foregoin{ constitutes a uue, ~ompl~ end correct oop~ ~ tl~ Resolution adopted at a regular meeting of the Town Council of the Town of Leesim~ Virgin/a, ~ on August 12, 1997. 97-208 RESOLUTION - AMENDING PRO-RATA FEES FOR THE MIDDLE TUSCARORA CREEK SEWAGE CONVEYANCE SYSTEM WHEREAS, Section 15-15 of the Town Code authorizes the town to collect pro-rata fees for the town constructed sewer conveyance facilities necessitated, at least in part, by future subdivisions or development of land; and WHEREAS, the town has constructed sewer conveyance system improvements within the Middle Tuscarora Creek Watershed to include construction of approximately 6000 feet of 10 through 15-inch gravity sewer pipes; and WHEREAS, it have been determined that ten percent of the total cost of the installation of this facility is for public benefit as ninety-percent is for the benefit of property owners or developers of undeveloped lands in the Middle Tuscarora Creek Watershed; and WHEREAS, the final cost of all improvements associated with the Middle Tuscarora Creek Sewer System project is $489,708.00; and WHEREAS, a pro-rata facility charge was established by Resolution 95-129 based on a cost estimate for all properties which will connect to this sewer system. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Resolution 95-129 "Establishing Pro-rata fees for the Middle Tuscarora Sewage Conveyance System" is hereby repealed. SECTION II. A new Middle Tuscarora Creek Sewage Conveyance System pro-rata is hereby established for all properties connecting to this system as shown on the attached map at a cost of $1.20 per gallon per day of estimated flow from all new connections or expanded use of existing connections within the Middle Tuscarora Creek water shed. SECTION IH. The fee as specified in Section H shall be paid prior to the issuance of public facilities permits for new connections. Said fee shall be in addition to all availability and connections fees the town is authorized to collect. The fees shall be adjusted by a percentage increase or decrease in the Engineep.'ng News Record's construction cost index value at the time of application. The current construction cost index value from which the increase or decrease shall be measured is 5432. 97-209 - RESOLUTION - AUTHORIZING A CONTRACT WITH BLACK & VEATCH FOR DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR UPGRADE AND EXPANSION OF THE KENNETH B. ROLLINS MEMORIAL WATER FILTRATION PLANT WHEREAS, expansion of the Kenneth B. Rollins Memorial Water Filtration Plant is required to increase production capacity to meet the ever increasing water demand resulting from economic development and population growth within the town; and WHEREAS, this project was included in the town's 1998-2002 Capital Improvements Program, as adopted by Council on April 29, 1997; and WHEREAS, the Town of Leesburg duly advertised and received proposals on May 5, 1997 from 9 consulting engineering frrms to provide design and construction engineering services, pursuant to State and local procurement laws; and WHEREAS, the selection committee interviewed the three highest ranked frrms in accordance with Section 8.3 of the town's purchasing policies; and WHEREAS, the selection committee ranked Black & Veatch as the highest rated fnma for this project and is in the process of concluding contract negotiations. THEREFORE, RESOLVED by the Co;-neff of the Town of Leesburg L.. Virgknia as follows: The Towr ~f_ e?*eger is hereby rmount cf $i,553,~09.0L: 5or d. ea~sn and upgrade and expansion of the Kenneth B. Rollins Memorial Water Filtration Plant to a capacity of 10 million gallons per day. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller Abstain: Councilmember Trocino from items 10. (d) and (e) 10. (c) MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following resolution was proposed and adopted. 97-210 - RESOLUTION - DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 9B IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMYROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS WHEREAS, Leegate Corporation, N.V., and its agent First Potomac Development Company, the developers of the Kincaid Forest Subdivision Section 9B, have not completed all the required public improvements and other bonded 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 town has received notice that Leegate Corporation, N.V. filed for bankruptcy under Chapter 11 of the Bankruptcy Code on April 23, 1997; and WHEREAS, no work has been completed in Kincaid Forest Subdivision Section 9B for many months; and WHEREAS, Leegate Corporation, N.V., and First Potomac Development Company are not in compliance with paragraph 14 of the contract for public improvements dated July 27, 1994 which states that the Developer shall perform all things called for herein within a period of two years from the date of the contract, but extensions of time may be granted if approved by the Town Council; and WHEREAS, the Town Council authorized a time extension on June 11, 1996 by Resolution No. #96-112; and WHEREAS, a corporate surety bond from American Motorists Insurance Company was provided by Leegate Corporation, N.V., and First Potomac Development Company, which guarantees the installation of public improvements in Kincaid Forest Section 9B in the current amount of $58,414.79; and WHEREAS, in order to guarantee that the town will have sufficient funds to complete the public improvements a claim for payment of the corporate surety bond funds must be made. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to declare First Potomac Development Company and Leegate Corporation, N.V. in default of their contract for public improvements for Kincaid Forest Section 9B and to request payment pursuant to the corporate surety bond from American Motorists Insurance Company in the amount of $58,414.79 which guarantees the installation of public improvements in Kincaid Forest Section 9B. SECTION II. The Town Manager is also authorized to prepare and execute all documents necessary to enforce all terms of the contract for public improvements for Kincaid Forest Section 9B. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller Abstain: Councilmember Trocino 11. NEVer BLISIN-~,C~: 11. (o) proposed and adopted. 97-211 - RESOLUTION - RE-APPOINTING MEMBERS TO THE LEESBURG ECONOMIC DEVELOPMENT COMMISSION WHEREAS, the terms of office for LEDC members Murrell McLeod, George Roberson and Chuck Thornton expired on June 30, 1997; and WHEREAS, these members have expressed a desire to be re-appointed. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Murrell McLeod, George Roberson and Chuck Thornton are re-appointed to the Leosburg Economic Development Commission for two-year terms to expire on June 30, 1999. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller 11. (p) MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 97-212 - RESOLUTION - RE-APPOINTING MEMBERS TO THE ENVIRONMENTAL ADVISORY COMMISSION WHEREAS, the terms of office for EAC members George Panos, Karen Richardson and Caroline Sadler expired on June 30, 1997; and WHEREAS, these members have expressed a desire to be re-appointed. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: George Panos, Karen Richardson and Caroline Sadler are re-appointed to the Environmental Advisory Commission for two-year terms which shall expire on June 30, 1999. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller 11. (q) MOTION: On motion of Ms. Umstattd, seconded by Ms. Webb, the following resolution was proposed and adopted. 97-213 - RESOLUTION - RE-APPOINTING MEMBERS TO THE PARKS AND RECREATION ADVISORY COMMISSION WHEREAS, the terms of office of Parks and Recreation Commission members John Elgin, Jane Fellows and Frederick P. Lillis expired on June 30, 1997; WHEREAS, these members have expressed a desire to be re-appointed. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: John Elgin, Jane Fellows and Frederick P. Lillis are re-appointed to the Parks and Recreation Advisory Commission for two-year terms which shall expire on June 30, 1999. VOTE: Aye: Councflmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswfller 11. (r) MOTI©N: On motion of Ms. Webb, seconded by Mr. Webb, the foliow~ng ~-esolutica was proposed and adopted. ~7-214, - ~7':K'~ LUq?]~©,iq ~, i',~ECLAR/NG !TS INTENT!CN TO REIMf;JF S~ !~LI: FF. OM 3..~L PR,. ,~,EED~, .~,~ A F1NANCff;I~3 FOP. ~Ei~..~'AIN E~,"frPb./'~I, rl' Thc Town Council of the Town of I.~sburg, Virginia (the "Town") has determined that it is necessary or desirable to advance monc~ to pay the costs of acquiring certain equipment for thc town, consisting primarily of certain vehicles, equipment and data processing equipment (the "Project'). THEREFORE, RESOLVED by the Council of the Town of Leesburg in V~ginia as follows: SECTION I. The Town Council adopts this declaration of official intent under Treasury Regulations Section 1.150-2. SECTION II. The Town Council reasonably expects to reimburse advances made or to be made by the town to pay the costs of acquiring the project from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued for the project is $420,000. SECTION IH. This resolution shall take effect immediately upon its adoption. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller 11. (s) MOTION: On motion of Ms. Webb, seconded by Mr. Webb, the following resolution was proposed and adopted. 97-215 - RESOLUTION - MAKING AN APPROPRIATION TO THE LOUDOUN RESTORATION AND PRESERVATION SOCIETY THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized and directed to appropriate $1,500.00 from the unappropriated General Fund to the Loudoun Restoration and Preservation Society as a contribution to defray advertising costs incurred for the 1997 August Court Days event in Leesburg. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay.' None Absent: Councilmember Emswiller 10. (n) MOTION: On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed for discussion and adopted. 97-216 - RESOLUTION - REVISING THE COMPREHENSIVE (TOWN) PLAN FOR THE TOWN OF LEESBURG WHEREAS, Section 15.1-454 of the Code of Virginia, as amended, provides for the periodic review of adopted comprehensive plans; and WHEREAS, Section 15.1-453 of the Code of Virginia, as amended, requires that amendments to the comprehensive plan be reviewed by the local Planning Commission and advertised pursuant to Section 15.1-431 of the Code of Virginia, as amended; and WHEREAS, Town Council initiated review and amendment of the Town Plan through adoption of Resolution 91-236 on October 22, 1991; and WHEREAS, Town Council appointed a Citizens Advisory Committee in December 1991 for the purpose of proposing amendments to the existing Town Plan, which proposal was completed in July 1994 for consideration by the Planning Commission and Towr. Council; and WHEREAS, ~e Leesburg Planning Commissio~ l:,e'_:t t d~y adverOse~ public hearing on January 5, 1995; and WHEREAS, the Leesburg Planning Corm~dssiox~ r<o:,:.:,:'~,:,n¢:.~d :%r ~::/.%.'*5o~ the rexdsed comprehensive plan amench-aents on March 't, i996; ~:A public infomaation meetings in the mon[h WHEREAS, Town Council received the Planning Commission recommended plan amendments on April 16, 1996; and WHEREAS, Town Council held a duly advertised public hearing on June 11, 1996; and WHEREAS, Town Council has met and considered additional comments from residents, landowners and developers since June 11, 1996; and WHEREAS, Town Council has sought, received, carefully considered, and acted on comments from Loudoun County, Virginia; and WI-IEREAS, a revised plan for the town is essential to the careful coordination of future development and the provision of public services to its citizens. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The amendments to the 1986 Leesburg Comprehensive Plan, as published in the Town Plan final draft dated July 9, 1997, along with the attachments tiffed "Refinements to the July 9, 1997 Draft Town Plan Discussed by the Planning and Zoning Committee on August 5, 1997" and "Refinements to the Transportation Element Concerning the Western Bypass" as amended on August 12, 1997, and subject to appropriate typographical and technical revisions and supporting graphics, are adopted as the revised comprehensive plan for the Town of Leesburg. These amendments shall become effective upon passage. DISCUSSION: On behalf of Councilmember Emswiller, in her absence, the following statement was read into the record. To Mayor and Council August 12, 1997 I am disappointed not to be able to be with you this evening as you vote on the comprehensive plan. One of the major reasons I ran for office 3 years ago was to be able to help re-write the comprehensive plan. We have done this and even though the document is not perfect it is much more in keeping with Leesburg today then the plan we had and can be used as a road map for our future. I was privileged to be a part of rewriting the county's comprehensive plan and for our effort we (the County of Loudoun) received a first place award from the American Planning Association. In addition I was also privileged to help re-write the Zoning Ordinance for Loudoun County. The public was involved in the process at the county level from beginning to end. This is one of the reasons why I objected to the mayor making changes without prior notification to the press and the public. It is our responsibility to go the extra mile and to build trust within our community, not create situations that create distrust. If we had voted for the comprehensive plan on the night it was scheduled to be voted on, I would have been there and I would have voted in favor of the comprehensive plan. If I were there tonight I would vote in favor of the comprehensive plan which is why I wrote this letter so that it can be read into the public record. Sincerely, Jewell Emswiller Councilmember Mayor Clem reviewed each of the proposed "refinements to the July 9, 1997 Drat~ Town Plan as discussed by the Planning and Zoning Committee on August 5, 1997." Ms. Umstattd proposed an amendment to line 4, of the last paragraph in the proposed resolution to add, ·.. Transportation Element Concerning the Western Bypass" as amended on August 12, 1997, and subject to .... Mr. Sevila, representing the I-IP properties, addressed the Cou~ci! vA~. comments. MOTION: On motion of IVL-. Webb, seconded, by Ms. Weizb, ~h¢ reae!'~,.tion was adoptexl as amended by Ms. Umstatt,~, VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller The meeting was adjourned at 10:00 p,m. Clerk of Council /~ames E. Clem, Mayor Town of Leesburg