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HomeMy Public PortalAbout1997_09_09 TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 9, 1997 A re_gui,ar meeting of the Leesburg Town Council was held on Tuesday, September 9, 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 B. J. Webb. 2. SALUTE TO THE FLAG was led by Councilmember $oseph R. Trocino. 3. ROLL CALL COUNCILMEMBERS PRESENT J. Frank Buttery, Jr. Jewell M. Emswiller Joseph l~ Trocino Kristen C. Umstattd B. $. Webb William F. Webb, Jr. (absent) Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Assistant Town Manager for Economic Development John King Town Attorney George Martin Town Clerk Barbara Marldand 4. APPROVAL OF MINUTES MOTION: On motion of Ms. Webb, seconded by Mr. Trocino, the regular meeting minutes of August 12, 1997 and the special meeting minutes of August 13, 1997 were approved as written. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Abstain: Councilmember Buttery from 4.b. Councilmember Emswiller from 4.a. and b. Absent: Councilmember William F. Webb 5. PROCLAMATION MOTION: On motion of Ms. Webb, seconded by Mr. Trocino, the following proclamation was proposed and adopted. PROCLAMATION OCTOBER 1997 UNITED WA Y MONTH WHEREAS, the United Way Campaign is made up of over 70,000 volunteers making the campaign the community's number one voluntary effort; and WHEREAS, over 90 cents of every dollar collected is distributed to agencies for services throughout the community; and WHEREAS, the United Way of Loudoun County was formed in 1980 to assist Loudoun and Leesburg citizens needing health and social services; and WHEREAS, during the month of October the Loudoun United Way will conduct its seventeenth annual fund-raising campaign; and WHEREAS, the 1997 United Way Campaign kick-off will be held on Wednesday, September 10, 1997 at the National Recreation and Parks Association, Ahrens Institute in Ashburn, Virginia from 5:30 p.m. to 7:30 p.m. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim October 1997, as United Way Month and urges all citizens to give their full support to this effort. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. $. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb -2- Ms. Webb, Chairman of the 1997 United Way Campaign, spoke of this year's campaign. Ms. Webb introduced Ms. Gmy Thomas, Executive Director of the Loudoun County United Way. 6. PETITIONERS Mr. Randy Minchew, Chairman of the Loudoun County Economic Development Commission and Mr. Lawrence RosenstrauclL Director of the Loudoun County Depamnent of Economic Development addressed the Council with an update on economic development. Mr. Dan McCaulffe, a resident of 8 Fainfiew Street, N.W., addressed the Council representing the residents of Normandy Village. He requested CIP projects ~40 and #41 be moved up from 1999 to 1998. He cited an increase in traffic and safety as reasons. Mr. Bruce McMillan, a resident of Fairview, concurred with Mr. McCaulife's comments suggesting the installation of ail-way stops at Normandy Street and Phillips Drive, as well as reducing the spe~ limit to 15 MPH. Mr. Jeff Cowart, a resident of Linden Hill, representing the homeowners in Linden Hill made the following statement: "We are not here tonight to complain about some kind of slow response on filling a pot hole or some other similar complaint. The kind you get a thoo~ud times a day. But I certainly am here with a complaint on behaff of the citizens of Linden Hill and I hope that by the time I am finished you will know and acknowledge that ours is a monumental, major, legitimate complaint that demands a response that as yet we have not gotten from the town government. I am here to talk about the shocking and shameful conduct of this town government particularly on the part of Mayor James Clem, town engineer Tom Mason, Town Manager Steve Brown and ultimately this entire Town Council. Behind me are 27 neighbors of mine from Linden Hill representing 20 homes. Our complaint is that you put the health, welfare and safety of an entire neighborhood at extreme risk and then when the welfare and safety of your citizens was grossly violated by subcontractors working for you on your own public works project you responded generally with callous disregard and you insisted, publicly, that jurisdiction of health, welfare and safety within the town limits of Leesburg was out of you hands. That is shocking to us and it is shameful. Our goal here tonight is to conclusively demonstrate to you that at the end of ail your engineering rules and regulations, at the end of ail your beaumcratic double-speak, are real people. Here they are. Real people to whom you have a real responsibility. First and foremost among ail of your other duties. To protect health, welfare and safety. We came here tonight to look into your eyes as people. If Mr. Mason is here and maybe he is, I didn't see him, I would say look at me Mr. Mason. I am a real, live person. Look at me Mr. Brown. I am a person. I am not an engineering plat. I am not a mark on a map and I am not just another nuisance standing in your way. In the way of your precious beauracratic paper work. I am a real, live person and so are they whom you have victimized with your roles and your regulations. We came here tonight to tell you that you have failed miserably in your first and foremost duty to protect our health, weffare and safety by ailowing your subcontractors, Winchester Homes and S. W. Rogers Company to relentlessly bomb our neighborhood through what you call controlled blasting. You know the kind of controlled blasting I am talking about. The kind of controlled blasting that has left 20 of 25 homes in Linden Hill severely damaged with cracks not just in the basement wails - in the slabs of our basements. Cracks in our mental well-being and I can tell you this, cracks in the faith in this town government too among these people in Linden Hill. Twenty of 25 homes. Twenty American dreams shattered at the hands of this town gove .rnment. We came here tonight to begin a process of shining the bright light of public scrutiny relentlessly on the people and the practices of this town government so that ail of the citizens of Leosburg will have the opportunity to help ns convince you that the kind of government you apparently believe in is no longer good enough for the citizens of this town. But you don't believe me. You think I and my neighbors are overreacting. We know this is true because we can document the pathetic way in which you have failed to watch out for our health, welfare and safety over the past two months. So in the interest of trying to get you to better focus on real people instead of regulations that you seem to worship. To get you to understand that with your controlled blasting you have ignited a citizen uprising that we promise you, you will deal with. We will not get tired. The injustice and insult we have suffered at your hands will not blow over in a few days. In the interest of all these things, let me be more specific. You ail should know that we have collectively and individually begged Mr. Mason. We have begged Mr. -3- Mason and Mr. Brown and Mayor Clem and Town Council members to give us relief in the matter of this ill-fated expansion of the Greenway Farms Regional Stormwater Detention Pond which comes right up on the property lines in Linden Hill. You should know also that all most everyone of you have repeatedly, almost everyone, not everyone, but almost everyone of you in some form or another has told us that you are powerless to help us. But, we have taken a look at some public records and we have some comments to make. Number 1. Based on our review of our reading of the public records that includes the town's contract with Winchester Homes on the pond project. Here's what we believe. That the town had the authority all along to declare an emergency and stop the blasting and conduct its own independent investigation if it believed "that public health, weffare or safety was in jeopardy." It is in paragraph 18 of your contract. Number 2. The town had the authority to pay expenses, any expenses "to immediately take steps to have the situation remedied from the surety bond of $695,215" that Winchester posted with the town. That is also in paragraph 18. Number 3. The contract specifies that Winchester Homes is not absolved "from any liability for damages or injuries to adjacent property owners and others because of errors or mistakes made in the approval by the town." In other words, even if you made mistakes in the town, your own contract says that it doesn't absolve Winchester from all the liability. Paragraph 12. Number 4. Winchester Homes specifically agrees to indemnify to protect and compensate "property owners and others from any and all damages of any nature what so ever rising out of the performance of any and all things called for to be done furnished and performed under thc contract." Paragraph 13. Any and all damages of any nature what so ever. Do you see the nuance there Mr. Mason. Do you see the nuance there Mr. Brown. There is not a lot of beauracratic double-speak about repairable and igreparable damage to homes. About blasting permits and who has control of blasting permits. About the rights of developers to develop their own property which Mr. Brown said in the paper. But they are developing your property. On a town project the contract says any and all damages of any nature whatsoever. I'll get back to these critical facts in a minute. But first let me give you some background about the timeline on the town's development of the Greenway pond. A timeline that we think raises some serious questions about the town's diligence in its overall duty to properly manage construction work on this public project. In accordance with the town's Stormwater Management Master Plan, Trafalgar House Developers had first responsibility for excavating part of the Greenway Farm regional pond. Winchester Homes had responsibility for the other part. The records show the following: In July of 1993 the town approves a contract with Trafalgar. On August 24, 1993, within one month, the town signs a contract with Trafalgar and Trafalgar has two years to complete the project. Janum3t 11, 1994 the town passes a resolution reducing Trafalgar's bond dramatically because all of the excavation work for its part of the pond is substantially complete. Mayor Clem signs the resolution. September 13, 1994, Trafalgar House sends a letter to the town noting that it has completed all the punchlist items. At least 15 of the 24 homes in Linden Hill Phase II don't even exist at this time. Of those 15 that later existed, 14 have damage from the blasting now. Overall, counting the farmhouse, 20 of 25 homes in Linden with damage. September 23, 1994, Winchester Homes sends a letter to the town to formalize Winchester's intent regarding its obligation on the next phase, of the stormwater pond. September 27, 1994, the Town Council approves a resolution to execute a contract and accept a surety bond bringing Winchester Homes into the stormwater pond. March 23, 1995, after a six month delay, the town manager finally signs a contract with Winchester for work on the pond. Winchester pests a boncL The 15 homes still don't exist. June 13, 1995, the Town Council votes to reduce Winchester's bond in recognition of the work Trafalgar completed in 1994. March 10, 1997, after two years of failing to perform its contracted work with no explanation in the bonding record, there may be some elsewhere - we'll ask for it later. With no explanation as to why it failed to perform, Winchester Homes asked the town for a one-year extension to complete its work. March 25, 1997, the Town Council gives Winchester a one-year extension in a resolution signed by Mayor Clem. July, 1997, all of the houses in Linden Hill are completed. Its over. All the building is done. August, 1997, Winchester and S. W. Rogers begin the controlled blasting or what we call the bombing of the Linden Hill Subdivision. The homeowners in Linden Hill find the facts in this timeline shocking and shameful and we have a few questions about it and I might add these questions - we have distributed the questions to you, we respectfully ask the town with priority and in a timely manner to answer these questions for us in writing and we reserve the right to ask more as new facts emerge. Key questions. How could Trafalgar House in under six months substantially complete work on the Greenway pond, its part, that Winchester Homes could not complete within its two year contract obligation? Does the town take any responsibility or have any authority to enforce provisions of its own contracts? Specifically, what actions did the town take to enforce the provisions of this contract with Winchester Homes within the two year rime limit? Why was there a six month delay between the rime the Town Council approved signing a contract with Winchester Homes and the actual signing of the contract by the town manager? Why did the town not enforce the terms of the original contract requiring Winchester Homes to complete its excavation in two years? Are all requests by developers and contractors for extensions on performance contracts granted as a matter of murine or must there be justification for the extension? What specifically was the town's justification for granting Winchester a one year extension? Why did the Mayor, Town Council members and other town officials repeatedly tell the citizens of Linden Hill that the town had no authority or jurisdiction to control activities on its own public works project when the contract with Winchester Homes suggests otherwise? Once town officials were made aware by Linden Hill residents of the extensive damage that we believe was caused by the blasting, why wasn't an emergency declared under paragraph 18 of the contract with Winchester Homes for investigation of the claims? You had the right and you could have paid for it with Winchester's surety bond according to our reading of the contract. We are not lawyers. We are just citizens. We just pulled some records and looked at them. Why did the Mayor and other town officials continue to insist that the town has absolutely no authority to control blasting within town limits when statutes in the Virginia Code suggest otherwise? The homeowners of Linden Hill would like the town to do five specific things for us. Take five actions. We would like for you to withhold the return of Winchester's surety bond of $695,215 until such time as any and all claims by Leesburg citizens against Winchester Homes and its subcontractor S. W. Rogers have been thoroughly investigated and settled. This request is accompanied by a petition signed by at least 30 of our Linden Hill homeowners. We believe you have the authority to do it under the provisions of the contract with Winchester Homes and we urge you to do it. We urge you to declare an emergency under contract paragraph 18 because Winchester was unable to remedy the jeopardy to public welfare and safety at the time it existed which was during the blasting. We called them and begged them to. We begged everybody and they didn't respond. We believe the town has the right to immediately take steps. Quote, from the contract, "to immediately take steps to have the situation remedied under terms of the contract and to use funds from Winchester's surety bond to do it." To fulfill contractual obligations of the town, quote "to immediately take steps to have the situation remedied," under paragraph 18. We ask that the town allocate funds from Winchester's surety bond in the following ways. a. The town allow any homeowner who believes they have any and all damages of any nature whatsoever caused from the blasting to hire any independent structural engineer of our own choosing to investigate the damage claims and we will report those findings to you. b. That homeowners be allowed to hire independent foundation repair consultants of their own choosing for thorough evaluation and/or all expenses incurred in making repairs, that is language from your contract, and that those results and expenses be reported to the town. -5- c. That any and all legal expenses incurred by the homeowners in having this situation remedied be paid from those sure~y bonds. We had to go to court and ask for an injunction and during the course of asking for the injunction, in our court action, word was sent to the town that the Judge would like the town to appear and the town didn't show up. The town had to finally be compelled. We have raised these questions about your commitment to the health, weffare and safety of your citizens. At this point in time, homeowners are not certain that the surety bond of $695,000 will even be adequate to remedy the situation and so we in no way express that the use of the bonds is the end of what we might need. To protect Leesburg's citizens and homeowners in the future. This is case for all of the citizens of Leesburg and I hope that I am speaking loudly enough for all of the citizens of Leesburg to hear me. To protect Leesburg's citizens and homeowners in the future, we ask the town to undertake an immediate investigation and review of all policies, procedures, roles and regulations, particularly in the depamnent of engineering and public works and especially related to the failure of developers to complete in a timely manner public works projects required by the town and if any and all findings and proposed changes be clearly reported to Linden Hill Homeowners Association but also the public at large. To protect Leesburg's citizens and homeowners in the future, we aak the town to undertake an immediate investigation and review of its fire and safety codes that obviously allow blasting too close to residential neighborhoods. In this regard, we urge the town to review its options and powers under such statutes as Virginia Code 59.1-140. We are not lawyers, we just flipped through a law book and what did we find? That under the powers and authority of the municipalities, it clearly states that as long as the standards are not less restrictive than what the state requires, towns and municipalities have the authority and power to make stronger ordinances. Stronger ordinances, quote "governing the storage, possession, sale and use of explosives within their respective corporate limits." You say you had no choice but to allow blasting within 75 feet of the homes of Linden Hill. We think you do. We think you could pass an ordinance that says, the state may say 75 - we say 300 - we say 500. I thank you for your attention. All of us urge you to move swiftly and publicly to support your constituants. The real people that you see here before you who have been victimized and violated specifically by your process and policies and generally by your shameful and your shocking attitudes towards us. Not plats. Not engineering plats. Real people. Here they are. I would like to say one last thing and I'd like to try to be really crystal clear about it. The homeowners of Linden Hill do not want a war with the Town of Leesburg. We never did. We are not rich people. We are just middle class, hard working people. Many of us are two-wage earner families who put everything we had financially into the American dream of homeownership. Just like everyone these days, we straggle to make ends meet and we want to come home from a hard day's work to a peaceful place called Linden Hill. We do not want a war with the Town of Leesburg. But we are certainly up to the challenge of it. What we came here tonight to ask you for is justice. I know you wish I did not make this speech. I wish I didn't have to stand here and make this speech. I know you don't like what I have said and that is understandable. We don't like the condition of our neighborhood at this moment either. But where we are all now is at a crossroads of a golden opportunity to stand strong together in the community of justice. If you can see your way clear to step out of your beauracracy for a while to see real people who live on the receiving end of your processes and policies then we ask you o we ask you to show us that you know the definition of justice. We urge you to do the right thing because you know it's the right thing. You have a golden oppommity to heal a deep wound between the citizens of Linden Hill and the town government. You have a golden opportunity to show not just us in Linden Hill but all citizens of Leesburg that citizens in this town come first. The health, the weffare and the safety of citizens in Leesburg comes first Mr. Brown. Always. No compromise on that. You can stand up for us now. ff you will show us in true good faith your commitment to justice. We don't want you to just say it out loud for political expediency. If you can truly show us your commitment to justice then I can tell you on behalf of the homeowners sitting here that we stand ready to work hard with you to help you now and in the furore build a stronger and a more wonderful community called Leesburg. A community and a town government in which we can all take pride. That is all any of us ever wanted when we came to Leesburg and we hope that is all you want too. I appredate your time and I'd like to ask the Council's indulgence now to hear the rest of the remarks from my Linden Hill neighbors aggregated together and then we will be happy to hear any comments or listen to any questions that you might have." Mr. Robert Kingan, 22 Linden Hill Way, addressed the Council with the following statement. "Like many others in my community I have sustained substantial and quite severe damage to my home as a result of the blasting from S.W. Rogers and Winchester Homes on the town project to build a stormwater detention pond.? Mr. Kingan presented pictures of his house to the Council. He stated, "the first of this damage occurred as a result of blasting that occurred on Thursday, August 21'~. I know this because I have been closely monitoring my home since the blasting began on the previous week. I immediately called you, Mr. Mayor that Thursday evening to inform you that I had damage to my home as a result of this blasting. I thought for sure that with my call reporting the damage to my home and the calls from all of the other homeowners reporting damage to their homes to you Mr. Mayor, to you Mr. Brown and also to the town engineer Mr. Mason. We thought for sure that the blasting would be halted at least until the matter could be investigated. The town has already given Winchester a one year extension. I thought for sure we would be given an extension for at least the time of an investigation. But, what you told me Mr. Mayor was that the town had no jurisdiction over this matter. There was no way you could stop the blasting and this is pretty much the same thing that was told to all the homeowners that talked to Mr. Brown and with Mr. Mason and other members of this Council. I was completely amazed. I thought 20 homes are being damaged and the Town of Leesburg and you are the Mayor, the Council, the Town Manager, the town engineer could stop the blasting. So we went to the Fire Marshal and the Fire Marshal temporarily stopped the blasting until he had a meeting with the Town Manager and town attorney on Wednesday, August 27'~' and of course the folks that were doing the blasting and their hired experts - no one from our community was invited to this meeting. We got two things out of that meeting. We got a town attorney telling us to check out the facts when in fact that's what the town should have been doing. Here's a fact from the attorney that asked that. I have come home every day to check my home to see if there is damage to my home. The second thing we got was more blasting. More damage. Still not one person from the town has come out to look at the damage that has not only occurred to my home but the homes of my neighbors. So the blasting began.again on Thursday, August 28* and continued through September 4th and now my home and the homes of my neighbors have a significant amount of additional damage on top of the damage that was already present when I first reported to you Mr. Mayor on August 21 Despite what we were told by all the town officials we contacted when we were first trying to halt this damage to our homes it has now come to light a request of public records specifically in the form of a contract between Winchester Homes and the Town of Leesburg that the Town of Leesburg did have jurisdiction and could have stopped the blasting but simply chose not to do so. There is absolutely no excuse especially if the only excuse is cost effectiveness. For this town to permit a continuation of blasting and a continuation of this damage to my home and my neighbor's homes with the town government acting like they had no way to stop it. Besides, there are other ways to build this pond and I hope no one believes that Winchester's hired expert settlement crack defense because if the ground on the pond is so hard that they have to blast it then how come homes less than 100 feet away are on grounds so soft that they settle in a three week period when the blasting occurs. Twenty homes all decided to settle in a three week period when the blasting occurs. And no one from the town even came out to look at the damage to our homes. In my opinion, this is nothing short of gross negligence on the part of the town govermnent of Leesburg. Mr. Mayor maybe you have been mislead by the Town Manager on this matter. Because we all know that he tried to misinform the citizens of Leesburg with quotations in the August 27th addition of the Loudoun Times-Mirror. Such as, a developer has the right to develop his property, when we all know full well that it was not the developer's property but property belonging to us. The citizens of this town. He was also quoted as saying, we do not have the authority to require them to use an alternative lawful blasting. But he did have the authority to stop the blasting and the duty to stop the blasting when all of these homeowners called to say they had sustained damage. The fact is, Mr. Brown signed the contrac~ with Winchester Homes to build the stormwater pond. So he knew or at least he should have known since he signed the contract that there was a provision in there specifically paragraph 18 - in that COntract that would have permitted the town to stop the blasting at least until the matter could be investigated. Mr. Brown should have been at least interested enough in the public health, welfare and safety of this town's citizens to use this provision to direct the town engineer Mr. Mason to go out and investigate our claims of damage to our homes which could have been done at no expense to the town. Instead Mr. Brown went on record with more misinformation to the citizens of this town. With quotations in that same issue of the Loudoun Times-Mirror. I don't have any magical solutions. My heart is with the citizens. We want to protect their interest. Mr. Brown, we don't want any magical solutions or your heart. We wanted you to do your job by protecting the public health, welfare and safety of this community and that does not mean to nm off and be quoted in thc very next issue of thc Loudoun Times-Mirror saying that thc Linden Hill homeowners dragged you and this town into that affair. You were already in the affair when you signed the contract. -7- If your actions are indicative of the way you really feel when homeowners come to you with legitimate concerns of property damage, you do not deserve the position you are now in and you need to resign and move on so that we can get a town manager who really does care about the citizens of this town. I am really not sure why the Town of Leesburg has started down this road of deception and disinterest towards its citizens. Maybe it is because they fell into the trap of a town engineer's arrogant obsession to build a legacy through the development of stormwater ponds. But if you can't control him then let him go somewhere else to fulfill his obsessions. Like Mr. Cowart, I say that there are many other questions and issues in this whole sorry affair that need to be resolved and here are two more. 1. What kind of support can we expect from this town government now that the damage is done? 2. Can we expect this Town Council to pass strict laws to prohibit this type of blasting from damaging any one else's home in this town? I think we deserve answers to all the questions that we have raised here tonight not only as citizens and taxpayers of this town but as Americans. Thank you." Ms. Kay Kingan, 22 Linden Hill Way, addressed the Council submitting a letter from Mr. and Mrs. Terrance Elvers residents of 23 Linden Hill Way. The Elver's letter is made a part of the official record. Ms. Kingan made the following statement. "When we moved to our new home in June of 1996, I would have never dreamed that my family and neighbors would have endured the emotional upheaval or the disregard that you have shown toward Linden Hill. We have Linden Hill neighbors that endure the pain of multiple sclerosis, cancer, Parkinson's Disease, terrets, polisystic kidney and liver disease, fibromyalge, and a young man who almost lost his life this year to kidney failure and was given the gift of life through a kidney transplant from his brother. These people suffer everyday of their lives with these diseases. They do not need or want the additional trauma that you have placed in their lives and those of their loved ones. We all work very hard for what we have. We should be able to return to our homes and enjoy the peace and serenity of our neighborhood. Instead we have endured the patroni~_ing, mockery of the so called town manager, the town engineer and the Mayor. It is time for a new team of leaders that are trustworthy and sincerely interested in the welfare of the Town of Leesburg and not just interested in what they can prosper off of the developers. Do you really understand what you are saying when you say the Pledge of Allegiance and pray to God for understanding the issues that are set before you and the people of Leesburg or are you just going through the motions? Thank you." Ms. Carol Pulver, 29 Linden Hill Way, addressed the Council with the following statement. "The last time I stood before this Council was in July when I requested your assistance along with our president of our homeowners association A1 Furman in some alternative to the blasting. I le~ this room very confident, Mayor Clem, when you directed Steve Brown to find an alternative to the blasting. That you had saw something on Channel 8 and you knew it could be done. I was confident. I went back and told my neighbors, thank goodness they listened to ns. They are going to find another way. I felt like a fool when they came around and started the surveying of our homes, taking pictures, wanting to come inside so they could blast. I felt like you had lied to me then. I mean its on record. Its in your minutes. You can read it. We don't deserve lies. As far as changing the pond which I requested, they said no it can't be changed. The very same plot of land, the front of it, there was a zoning change immediately when we moved into the neighborhood three years ago in November. It was proffered to be a church. They wanted to put in townhonses. Now they are going to put in single-family homes. Now you changed the zoning to put in homes from a church but you couldn't change the level ora pond which is connected to the same piece of property. I don't understand that. I would like an explanation. I thought I was going to get that from the last meeting and then all this just went zooming along for whatever reason. I don't know what the hurry was. Our interest was not taken to heart by anyone here. So we've had the zoning changed. We've had our pond up front that was sufficient, destroyed. It is nothing but a wheat patch now and now we've had damage to our homes. I think we've had enough. In addition to the fact that you allowed a developer to do this and released him from his bond without having our street surfaced and now we have to pay out of our homeowners association for the surfacing of phase I because the town made the mistake and released the bond. Enough is enough. Don't you agree? Thank you." Ms. Suzanne Hitzgas, 20 Linden Hill Way, addressed the Council with the following statement. "I have been a resident of Linden Hill for three years with my husband. We are really proud of our home. We've put all our resources into obtaining the home. We also have been affected by the bombing behind our home. On Tuesday, August 19m Mayor Clem, I called you because the bombing behind our house had become so severe that my house was shaking to the point where my pictures were crooked. I was getting very concerned. It had been going on for several weeks - I hadn't been concerned until that point but I -8- called you and I really appreciated that you listened to me and you said that you would send an inspector right away. The inspector called me back and said that the sound severity was due to cloud coverage. After I had called you there was another blast that was much milder then the ones we had been suffering. I tried to explain to your inspector that I was not referring to sound, I was referring to vibration but he insisted that it was cloud coverage and not to worry because most new homes have settlement cracks. Two days later on August 21't we did incur cracks to our house. Two days after I spoke with you. Of course I was very upset. We called everyone that we could find and everyone told me not to worry that these are just settlement cracks. All new homes have them. Even though no one came to look at my home. Very discouraged, I called an inspector to come look at our home, who has a doctorate in structural engineering. This inspector told me that these cracks were definitely not settlement cracks. Last week there was some more bombing in the back of our house. Most of my neighbors had many cracks running horizontally across their basement foundation. My husband and I have a finished basement so we now have to hire someone to lift our carpet to find out what the damage is. We can't even get into the dry wall without a lot of extra work. Obviously this is upsetting and I've told you the events leading up to the damage to our house but I haven't told you about my personal perspective. In Febma~, I was called to the hospital and I was met be a team of doctors who told me they couldn't believe my husband was alive. I have been dealing with him with a serious life-threatening illness. I have a one year-old and I work full time. My husband has had four operations. Three of which were this summer. So in addition to our personal issues we have been dealing with this bombing that seems to me to have been within your capabilities of controlling. This has added so much strain to our lives. We've had strain over the concern of the structural damage. We've had strain over my husband not being able to rest adequately and we've had strain because we have been concerned about the depreciation of the value of our home. Base on our personal experience and the documents that my neighbors have brought forth today, my feelings are that this Town Council is not representing the Leesburg citizens. I truly feel that your actions have been irresponsible and dishonest and I hope that you will take action to change. Thank you." Mr. Robert 7_xxtos, 15 County Club Drive, addressed the Council stating his property is located adjacent to where the blasting has taken place and that he has sustained damage to his in ground swimming pool, citing a loss of four inches of water on the day of the blasting. Mr. Nolin, 13 Linden Hill Way, addressed the Council with the following statement. "I sat back there listening to what my neighbors said, how they articulated and the rage is just pouring out of me while I was sitting there. I hope not to manifest any of it here tonight. I have a different story to tell. I am the new kid on the block. I am the last to move into the neighborhood. My partner and I moved in on May 5th. A brand new house. Number 13 Linden Hill Way. We went through a very extensive punch list and my parmer if you were to know her she would note a crack or a fly or an ant up on that ceiling in a heart beat. I call her hawk eye. We submitted our punchlist to the builder, Oakridge Builders, 45 days ago. That was our 2 month check list. There was nothing on that punchlist that indicated any cracks anywhere, anywhere on the house except a couple of small ones around the windows. Nothing in the foundation. Nothing on the floors. Nothing on the outside structure of the house. Nothing. Oakridge Builders can bare that out. I am here to tell you that today I have at least 15 or 20 cracks some of which go six feet long. My whole slab in my basement is essentially cracked. There is a crack that starts at one corner and goes out and there's a crack that starts in another corner that goes out and joins together. Part of my lack of knowledge of the issues is because I live down on the front side of the street. Down towards Route 15. I know the folks have been coming to you and I know that they have had occurrences going on and I've kind of just sat back and said nope, those poor devils down there they are going to have to endure it. I am far enough away. Well guess what? What a surprise I got. Maybe its because I am higher up on the hill. Maybe it is because I am up on top of rock that the sock reverberates down through. I am here to tell you that if any one were to come to me Mr. Brennen especially from Vibra Tech and try to tell me that those are settling cracks, ! would look him in the eye and tell him he is incompetent. How dare that man. I read the comments that were in the newspaper in the Loudoun Times and the Washington Post and I find a lot of interesting comments. This is one of the comments I want to make to you ladies and gentlemen. It seems to me there was a lot of decision making and reasoning and decisions based on that reasoning that was very subjective. For Mr. Brennen to come out and say, oh that's all settling. Those folks they've had cracks. They probably haven't looked. They don't have time. How dare him tell us the way we should be. We have time or don't have time and what's important to us. Apparently, someone in this town whether its the Fire Marshal or the engineer or whatever, made decisions based on that comment that it's just settling. Apparently there was another subjective issue where someone submitted the idea or notion that maybe there is another way of doing this. It doesn't have to be done with dynamite or whatever they used. It doesn't have to be done explosively. Maybe there is some other way of using chemicals or some other way and I can't remember the exact verbiage that was in the newspaper. So what did the town do or what was done then? Somebody had the wisdom to say that Winchester Homes, we need to explore that. Well what happens? Winchester Homes, who in our case is -9- the defendant goes off and hires a consultant. Who comes in and says, no that's the only way to do it. It's the most cost effective way. Well what the heck do you expect the outcome to be? Going and asking the defendant to hire a consultant who is obviously going to give a point of view that is going to favor them. And then to settle for the notion that this is the most cost effective. In whose mind? Is this what this is all about? The most cost effective way? Well I'm here to tell you that there are a lot of people here that care about their cost effectiveness and how they are going to get through it. Not just the material elements of it and the repair of those cracks but the damage that we feel, I feel like I have been invaded. I feel like I have been violated. I moved to this town four months ago as I said. I have relocated five times in the last ten years with my company all over this country and I have been proud of the last four months to tell people that I live in Leesburg, Virginia. But I am here to tell you also that I had more sleepless nights in the last three weeks than I've had in a long, long time. I will not change my opinion about Leesburg, Virginia because I think we are better than that. We are better then the irresponsibility that the town leadership has shown. I truly believe that this town is here, has made a mark and will continue to grow into the 90's. But leadership has to improve. Responsible judgments. Responsible decision making has to prevail if you are going to be able to take this town into the future, into the next century as they say. I believe in this town and I want to continue to stay here. I came here to retire. But if this is what I face I'm really concerned. I have one question and then a couple more comments and then I'll close. I need to understand - by the way - I work at home so I'm there everyday when the bombs go off, so to speak. They're nice. They blow the bom three times and then you hold on. I was on the phone one day with someone who heard the horns go off. He says what is that? I said just listen and then I held the phone out the window and he said oh my God what happened? That's how close - they moved up closer to my house. So I have a question. There's been nothing going on over there since last Thursday. Does anybody here know the status of their work? Are they done? Are they gone? There machines are all gone. There is nothing but a pile of shale out there. Does anybody know?" Mayor Clem stated, "to my knowledge they have completed." Mr. Nolin stated, "They are completed? Aren't we lucky? We feel good about that don't we? Amen. But that doesn't mean that we are satisfied by any means. I maintain this, I would like to - I don't know who has powers in this town in terms of making this happen and I'm going to suggest to you. But I would ask that, based on my observations as a person that works at home and has been there through these horrendous three weeks and has probably listened to them and felt them all. There was one lady who came up and said the house shakes, the pictures move. I had to go around and move the mirrors and reset the pictures, etc., etc. I've been there for all those blasts. But I would like to have someone subpoena the records of that blasting company. I want to know what those charges were and when they set off small ones and when they set off large ones. Because I'm here to tell you they weren't all the same. I particularly bring into question the very last one that they set off last Thursday afternoon. Because that's the one that took a three foot crack in the slab of my basement and turned it into a six foot crack and I felt that very severely. So if there is any wrong doing on the part of that company I want to know about. I suggest that somehow the records of that company be subpeoned so that we can have an indication and the town can have an indication of what kind of charges they used and were they legal, ffthat's the correct term to be using. The other issue - the last, and I'll close on this. I know that as I have lived - as I experience this wonderful neighborhood, I have listened and learned about issues that have gone on and I know there have been issues about the street. I know there have been issues about the other retention pond out in the front of our property - out in the front of Linden Hill. My sense was that well maybe the town is fired of hearing from us so that when this issue came up we fell on deaf ears or impartial or indifferent ears. Well this was a bad topic to be indifferent about. Because I'm here to tell you with the leadership of the folks that you heard talk, we are not going to go away. Thanks." Mary Barnes, 36 Linden Hill Way, addressed the Council with the following statement. "Good evening, my husband and I are two year residents of Linden Hill. I hope to be brief and not too redundant. Like my neighbors I am very concerned about the blasting of the drainage pond and the question that I originally had for everyone that I spoke with and I spoke with Mayor Clem, Steve Brown, JeffFlippo, Mark Chadwick, Hubert Brennen, and I attempted to speak with Tom Mason but he was out of town. The question that I had, was why was this necessmy in the first place? The drainage pond as it appeared was doing its job just fine and when I asked Steve Brown whether or not a recent study had been done to determine whether or not a plan of this scope was still necessary, he said that it had not but that it was his opinion that if a recent study had been done that it would probably be an even bigger project. That may or may not be the case. I'm not an engineer although my first two and a half years at UNC I was a physics major so I have a very good understanding of the properties of things. And I do know that if you blast rock that is part of a larger outcropping of rock, there is a cause and affect relationship there and that -10- doesn't require a working knowledge of physics or being an engineer or a whole heck of a lot of common sense to follow_ and yet no body seemed to be able to connect these dots. I called and I spoke with everyone and they were very nice and they listened and everybody promised that an investigation would be done and yet nobody came to my house. Nobody checked with me. There were things I could have told. Things I could have shown. Instead I heard things like my hands are tied. I don't have that authority. My office doesn't have that authority. The town doesn't have that authority and I was assured by Mr. Brown that this project would be completed whether it was by blasting or some other means - the project was going through. That's really what concerned me as much as the cracks in the foundation. That this apparent lack of checks and balances where wheels once set in motion regardless of the destructive nature of those wheels, could not be stopped. I've got to tell you that scares me. If we're telling you that there is damage happening and you're saying this is driving through, where do you go? And even after it was halted, it was pretty much resumed based on the testimony of one Vibra Tech's analyst and I'm reading here from the Washington Post where it says "in my opinion it would be virtually impossible for that damage to occur as a result of the blast testified by Vibra Tech's anolyst Frances Brennen. And he goes on to say, "I think a lot of people just didn't notice their cracks before. Who has time to check?" Well surprise, I had time to check and so did Terminix for a year, once a month. That's there job. They come to my house. We had a problem with Carpenter Ants starting last summer. Once a month they come to my house. They spray the interior. They spray the exterior and they look for possible points of entry. And in fact as recent as July 11t~ Ray Roberts my Terminix Technician called me outside to point out to me a point where the stucco of our house was not fully seamed with the foundation and that it would be a good idea if we went around the house and found any of those areas where the stucco didn't fully meet and seal those off. So that's what my husband and I did as late as July of this year and going around the foundation inch by inch there were no cracks. Believe me if we had found cracks, Paul Abramson would have been the first person to hear about it. He's got a stack of letters from us on other issues. You know Paul Abramson's name. I've been here when its been brought up. We all know Paul Abramson's name. I wouldn't have hesitated to have called Paul or sent him a letter. But there were no cracks as recent as July and yet Mr. Brennen says that "the nature of these cracks is common, well known, settlement." Well okay, despite all this after the first wave of blasting we were very fortunate we only found cracks in the foundation of our garage. And so once blasting resumed even though nobody had come out to check after my phone calls, I though it would be a good idea to video tape the damage that had already occurred. So on Friday, August 29* I stepped out my front door to video tape the existing damage and literally the minute I walked out the door the siren sounded so I started video tapping with a blast. And I went around the house and I show the cracks in the foundation of the garage and I go around - continue around the foundation of the house pointing out the fact that there are no cracks in the foundation of the house or thank God in the stucco which would be a real nightmare. It takes about 20 minutes for me to get around the house. No sooner do I get to my starting position which is the front porch, sirens go off again. I continued to tape another blast and say what the beck lets just go around the house all day. So I go back around the house and as I get to the back of the house you see me and hear me for the first time discover cracks in the foundation of my house. So you know - there it is. I not only know that the blasting mused cracks in my foundation, I know which blast. I have it on video tape. I mean its ridiculous that so much weight was placed on Frances Brermen's statement that equipment was used and equipment said that these blasts couldn't possibly be causing that damage. That's like the weather man saying radar shows its sunny today and you walk out of the house and its mining. I don't think your first thought is gee, I must be crazy, the radar said its sunny. The equipment doesn't matter. We have cracks in our homes. We have cracks in our homes. I'm concerned about property values. Our insurance agent is coming out on Friday to check. They are concerned too and they are sending a structural engineer out. My question is where were the checks and balances? Who is responsible? Who is going to incur the costs and why was it not taken seriously enough even though when speaking with everyone, everyone seemed to take it seriously and said an investigation would be done. But nobody came. Relied on Vibra Tech. Which even according to our lawyer, Karen Jewell Stapleton, said "you know that's a little bit like having the fox guard the hen house." Because they were hired by Winchester Homes. What is he going to say? Those are pretty much my comments. Thank you." Mr. Medaglia, 30 Linden Hill Way addressed the Council with the following statement. "We are the old farmhouse. I can't tell you we have a lot of foundation problems. We do have some minor cracks in the new addition we put on. But we spent a lot of time and money having a master plasterer come in and work with the horsehair plaster. Three weeks ago - we have videos too of our house. We had no cracks and I repeat no cracks in our walls. We now have dozens of cracks in our plaster. We also replaced 40 panes of glass in our house. Now that's the old hand blown glass that's wavy and everything. We spent a lot of money putting in original glass so you wouldn't look out of one wavy and one clear. We now have cracked glass throughout our house. Some of the glass still has the most recent putty so you know its the new glass that was put in there. Everybody here has been talking about the adults so I'm not going to continue talking about my feelings and my disappointments. What I would like to do is read you a letter from my ten year-old daughter. -11- Now, we were talking about that major blast. I wasn't there. I was working. It was major. It created so much of a blast problem in our house that the dishes fell off the table. My wife who is pretty docile, finally said "I've had it." She went over to the blast site and she called over the gentlemen from the 8. W. Rogers Company and he says, well you are going to have to talk to the Fire Marshal. The Fire Marshal was nice but he said - while my wife was talking to him and he is saying he can't do anything, my daughter, my ten year-old daughter observed the gentlemen from Winchester Homes laughing at my wife. You are very lucky I wasn't there because I wouldn't have put up with that insult. No human needs to put up with that. So when my wife and my daughter went hack home, I didn't know this until the next day, Annie was so upset - this ten year-old was so upset by this, she went up to her room and she wrote a letter to the Town Council and this is what I want to read because I can replace the glass. I can call that plasterer hack in but my daughter has a real problem with what she has observed. So ff you will bare with me for a second." "Dear Leesburg Town and Winchester Homes, I think that this blasting is so ridiculous. As you guys would probably think as a kid I would like this. First I thought it was fun but when the blasting got bigger I did not. My dog, you could hear her feet on the floor up and down. Now she is afraid to go out from under the table. Shame on you. Especially Winchester Homes. I remember the day after a giant blast my mom went over to talk to the Fire Marshal and all that guy did was lean up against his tan car and smirk. (It was really the Winchester guy not the Fire Marshal) I looked at him and gave him a nasty look and then after that, that whimp could not even look at me any more. If I was a grown up you guys would not even know what I would be doing or saying to you. For one thing if I was allowed to vote, I know I would not vote for you." Mr. Madaglia stated, "I feel that Tom Mason has been derelict in his duties. I think he has let you down. You don't have to be a lawyer to read the bond agreement and see that you clearly, clearly had the political cover to get up and tell - and these are great people that live in this area. We moved over here too and we enjoy it. But you could have protected them and you didn't. Tom Mason knew exactly what was going on. He could have stopped it Steve. He forgot that he was first there to represent the taxpayers and the citizens who by the way are his employer. He didn't do it. He let you down because he didn't protect you his boss and he definitely left all you down. Let me just finish with shame on you." Mayor Clem stated, our counsel has pointed out they we have been named in this lawsuit and are not at liberty to discuss this tonight." Mr. Cowart stated, "we have no lawsuit. We went to court asking for an injunction and it's been turned down. There is no lawsuit." Mayor Clem stated, "litigation, sorry. We have been named in the litigation and until our attorney advises us that it is okay to speak we've been told we are not at liberty to speak. There will be a full disclosure and you will be notified and asked to come back." Mr. Cowart stated, "we appreciate the Council hearing our complaints. We do urge you to take it seriously. There is no litigation. There is no litigation. Ask your lawyer to look it up and then please talk to us and talk to the citizens of the Town of Leesburg." Mayor Clem stated, "I apologize if I have used the wrong term. The term given to me was litigation and we were instructed to say nothing." Mr. Cowart stated, "your attorney is wrong and your attorney has been wrong on a number of issues. Please check it out. Mr. Brown noted that they were being - that you were being dragged into our injunction - our claim for an injunction and that you didn't show up because your lawyer advised the town that they are not named in the litigation. You can't have it both ways." Mayor Clem stated, "I will be most happy to get back with you." Mr. J. B. Anderson addressed the Council' with regard to information item I. 7. COUNCILMEMBER COMMENTS Mr. Buttery attended the National Guard ceremony on Saturday, speaking of it's success and the Gallery Walk on Friday evening. Mr. Buttery asked Mr. Brown to look into the concerns expressed by the residents on Fairview Street and report hack to the Town Council. Mr. Buttery stated he hopes the Council has not let the Linden Hill residents down again by not responding to them this evening on the advice of Counsel. Ms. Umstattd thanked the Linden Hill residents for addressing the Council with their concerns this evening. She stated the town will look into all of the issues and hold a special meeting on this matter. Ms. Umstattd also attended the ceremony on Saturday for the national guardsmen. Ms. Umstattd stated, -12- she received information from the NVPDC regarding the Federal Communications Commission who has publicized a notice of new proposed rules on pre-empting local zoning authority over the siting of mono- poles or other telecommunication towers. The regulations would stipulate that a local government would only have 21 days in which to review an increased height at an existing location or 45 days in which to review a new tower. NVPDC will provide additional information on this matter and the town may want to respond with comments. Mr. Trocino stated he was angry this evening because he had 3 or 4 questions to ask the town's legal counsel and there was no counsel in the chambers. "In a town of 26,000 residents, $36 million dollar budget and no lawyer to talk to." Mr. Trocino pointed out the efficacy of having a full time attorney in the Council Chambers with the Council members. Mr. Trocino stated, "in defense of this Council, there have been a number of members, myself, Ms. Webb, others who have talked to the Linden Hill residents and did what we could. I felt like sometimes I was a sponge. I know your honor that you tried to help too. I thought you were maligned tonight a bit unfairly. There is only so much we can do. I felt powerless because the lawyers were not around to talk to. This has got to stop." Ms. Emswiller thanked the Mayor and Chairman of the Board Dale Polen Myers for organizing the parade and ceremony for the national guardsmen. Ms. Emswiller spoke of the success of the Leesburg Farmers' Market and encouraged everyone to visit it. She thanked Mr. Minchew and Mr. Rosenstrauch for attending tonight's meeting and for their comments. Ms. Emswiller attended the Friday evening's Gallery Walk pointing out that it will continue the first Friday of every month except for the month of January. Ms. Emswiller expressed sympathy for the passing of Clarence Jewell. Ms. Emswiller challenged the residents of Fairview Street to join with the other residents in that area to do something about the traffic and safety issues. Ms. Emswiller stated, because of so many issues the Council has had to deal with, some the Council has dealt with much better than others, she is pleased and it is very appropriate for the Council to conduct a retreat this fall. The Council will try to establish some goals and objectives so that the people in Leesburg will see that the Council is trying to do the best they can. The Council is not perfect and does not make the right decisions all the time but the Council has never made a decision because they don't care. Ms. Webb met with representatives of Hazel Peterson, Mr. Chip Burton and Mr. Sevila. Ms. Webb stated she was very proud of the community for showing their support to the national guardsmen at the ceremony on Saturday. Ms. Webb received her first call from residents of Linden Hill on September 52 and she met with representatives at Linden Hill and was out there on Saturday for more than 3 hours. Ms. Webb thanked the Loudoun Tourism Council, the town's LEDC and the shops downtown for the successful Gallery Walk. Ms. Webb stated she looks forward to the special meeting where all the issues regarding Linden Hill can be addressed. 8. MAYOR'S REPORT Mayor Clem thanked Mr. Flippo for his efforts during the blasting in the Linden Hill Subdivision. He stated the Town Council will have a special meeting where all of the residents in Linden Hill will be invited and a full disclosure will be made at that time. Mayor Clem asked staff to look into the concerns raised this evening by the residents of Fairview Street. He commented on the success of the ceremony for the national guardsmen on Saturday. Mayor Clem asked staffto look into the street lighting on Harrison Street near the townhouses and to see if"Children at Play" signs could be erected in the Foxridge Subdivision and on Fairview Street. Mayor Clem spoke of the infestation of ground hogs in the town and asked staff to look into how this problem can be addressed, as well as the homeless individuals loitering on South King Street. Mayor Clem asked that a Resolution of Respect be prepared in memory of Clarence Jewel for the next Town Council meeting. 9. MANAGER'S REPORT Mr. Brown had no comments. 10. LEGISLATION 10. (a) MOTION: On motion of Ms. Emswiller, seconded by Ms. Webb, the following ordinance was proposed and adopted. 97-0-30 - ORDINANCE - AMENDING SECTION 2-24 OF THE TOWN CODE REGARDING STANDING COMMITTEES TO AMEND THE MEETING TIME OF THE ADMINISTRATION AND PUBLIC WORKS AND FINANCE COMMITTEES ORDAINED by the Council of the Town of Leesburg in Virginia as follows: -13- SECTION I. Sec. 2-24. Standing committees is hereby amended as follows: The Pl~aning and Zoning Committee, the Administration and Public Works Committee and the Finance Committee are hereby established as standing committees of the Council: (1) The planning and zoning committee shall have jurisdiction over land use proposals for rezonings, special exceptions and planned developments. (2) The finance committee shall have jurisdiction over finance policy matters such as purchasing, budgeting, financial performance and financial planning. (3) The administration and public works committee shall have jurisdiction over all other remaining items requiring council action. Each committee shall consist of two members and a chairman. Members of each committee shall be appointed by the council biennially. Each committee shall select its own chairman. The planning and zoning committee shall meet at 4:30 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. The a~-:v.':v.'~'2cn and public ~ finance committee shall meet immediately following the planning and zoning committee meeting but in any event no earlier than 5:00 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. The fire, nee administration and public works committee shall meet immediately following the a~-v2r2~'2cn and public wet?,: finance committee meeting but in any event no earlier than 5:30 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. The time and place may be changed by a majority vote of the committee. Proper notification shall be published in the press. At committee meetings, the members shall review upcoming meeting agenda items, hear staff reports and take other non-legislative action as it deems appropriate. SECTION II. This ordinance shall be in effect upon its passage. VOTE: Aye: Councilmembers Buttery, Emswiller, Trecino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb I0. (b), (c), (d), (e), (f),(g) MOTION: On motion of Mr. Trocino, seconded by Ms. Webb, the following resolutions were prol~osed as consent items and adopted. 97-217 - RESOLUTION - INITIATING AN AMENDMENT TO THE 1997 TOVv3/PLAN CONCERNING THE H-2 CORRIDOR WHEREAS, on August 12, 1997, the Town Council requested the Planning and Zoning Committee consider a proposal to initiate an amendment of the 1997 Town Plan calling for the extension of the H-2 Corridor along the Route 15 Bypass; and WHEREAS, Section 15.1453 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 15.1431 of the Code of Virginia, as amended; and WHEREAS, on September 2, 1997, the Planning and Zoning Committee of the Town Council considered said proposal to initiate a Town Plan Amendment concerning the extension of the H-2 corridor, THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Planning Commission is requested to forward a recommendation to the Council concerning the appropriateness of amending pertinent sections of the Land Use and Historic Preservation and Urban Design Elements of the 1997 Town Plan which would call for the extension of the H-2 Historic Corridor Overlay District over all or part of the Route 15 bypass through appropriate amendments to the Zoning Ordinance. If the Planning Commission recommendation is in the affirmative, the Planning Commission is requested to also forward specific Plan Amendment text and any supportive graphics appropriate to the amendment. 9%218 - RESOLUTION - PROJECT PROGRAMMING RESOLUTION AND AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR DESIGN -14- ADMINISTRATION & MANAGEMENT OF THE SOUTH KING STREET PROJECT IN THE TOWN OF LEESBURG FROM EVERGREEN MILL ROAD TO SOUTH CORPORATE LIMIT. WHER~EAS, the Virginia Department of Transportation (VDOT) Six Year Improvement Program for Fiscal Year 1997 - 1998 through 2002 - 2003 for urban highways includes an allocation of STP Regional funds for design of the South King Street project in the Town of Leesburg and identified as Projects (FO) 0015-253-101, PE-101, RW-201, C-501; and WHE~AS, VDOT needs a resolution from the town which states that if the town elected to cancel this project, the town agrees to reimburse VDOT all incurred costs; and WHEREAS, the town and VDOT desire to construct the projects as expeditiously as possible; and WHEREAS, the town and VDOT desire to have the town administer and manage the design phase of the project; and and WHEREAS, the agreement proposed by VDOT has been approved by the Deputy Town Attorney; WHEREAS, administration and management of the South King Street project by the town will be more efficient since these roads are operated and maintained by the town and the overall scope of the work is uncomplicated. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to sign an agreement with VDOT in a form approved by the Deputy Town Attorney for the design administration and management of the South King Street project as identified above. SECTION II. ff the Town Council elects to stop or cancel this project, the Town hereby agrees to reimburse VDOT for the total amount of the costs for preliminary engineering, right-of-way, and construction expended by VDOT through the date VDOT is notified of such suspension or cancellation. 97-219 - RESOLUTION - CANCELING THE CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND RELEASING THE PERFORMANCE GUARANTEE FOR THE PATOWMACK POWER PLANT WHEREAS, Council Resolution #91-274, adopted on December 10, 1991, authorized an agreement and approved a performance guarantee and a water extension permit for the Patowmack Power Plant; and WHEREAS, Patowmack Partners, Ltd., the developers of the Patowmack Power Plant Waterline Extension, has not completed the 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, a cash bond in the amount of $25,000.00 was provided by the developer to guarantee the installation of public improvements for the Patowmack Power Plant; and WHEREAS, Patowmack Partners, Ltd., has not started construction of the project; and WHEREAS, Patowmack Partners, Ltd., has requested that the contract be canceled and the $25,000.00 cash bond be returned, together with interest earned. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The contract for installation of public improvements authorized by Resolution #91-274 is hereby canceled and the Town Manager is authorized to sign a termination agreement in a form approved by the town attorney. SECTION II. The cash bond in the amount of $25,000.00 and any accumulated interest is be released atter the termination agreement is fully executed. 97-220 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR LEESBURG PARK WHEREAS, The Edwards Feny - Beverly Road ~ates Limited Partnership, 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 -15- WHEREAS, the developer has requested a six (6) month time extension to complete the public improvements; and WHEREAS, a corporate surety bond in the amount of $67,242.72 from the Liberty Mutual Insurance Company was provided by the developer to guarantee the installation of public improvements for Leesburg Park; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $67,242.72 to guarantee installation of the remaining public improvements for Leesburg Park. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of six (6) months for the installation of public improvements is hereby approved for Leesburg Park. SECTION II. The corporate surety bond from the Liberty Mutual Insurance Company in the amount of $67,242.72 is approved to guarantee the installation of public improvements for Leesburg Park. 97-221 - RESOLUTION - AUTHORIZING THE SETTLEMENT OF WINDSOR AT FIELDSTONE LIMITED PARTNERSHIP V. COUNTY OF LOUDOUN, VIRGINIA AND TOWN OF LEESBURG, VIRGINIA WHEREAS, the enclosed draft final order incorporates terms of settlement of the above- referenced case; and WHEREAS, the settlement terms have been reviewed and recommended by the Deputy Town Attorney and County Attorney. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The settlement offer as set forth in the Final Order of the Windsor at Fieldstone Limited Partnership V. County of Loudoun, Virginia and Town of Leesburg, Virginia case (Law No. 16278) is hereby accepted and the Deputy Town Attorney is hereby authorized to execute the order. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb MOTION: On motion of Ms. Webb, seconded by Ms. Umstattd, the following motion was made and adopted. 97-222 - RESOLUTION - ENDORSING THE LOUDOUN COUNTY SCHOOL BOARD'S AUGUST 9, 1997, RESOLUTION REGARDING SCHOOL ZONES WHEREAS, correspondence dated August 15, 1997, from J. Michael Lunsford, Director of Public Transportation for Loudoun County Public Schools, communicated the resolution adopted by the Loudoun County School Board encouraging the implementation of school zones county-wide; and WHEREAS, Mr. Lunsford indicates that the school system will ultimately fund construction, installation and maintenance of signage in appropriate locations around Leesburg schools; and WHEREAS, this action is encouraged by the Leesburg Town Council. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The August 9, 1997, action of the Loudoun County School Board to install school zones in accordance with the Code of Virginia is hereby endorsed. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb -16- MOTION: On motion of Ms. Webb, seconded by Ms. Umstattd, the following motion was made and adopted. Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344 (a), Subsection (3) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to consider the acquisition of real property at the Leesburg Municipal Airport. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 97-22;3 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF SEPTEMBER 9, 1997 WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in Executive Session in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Leesburg Town Council. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb On motion of, and duly seconded, the meeting was adjourned at 10:05 p.m. Ja~s E. Clem, Mayor Clerk of Council