HomeMy Public PortalAbout1997_09_23TOWN COUNCIL MEETING
MINUTES OF SEPTEMBER 23, 1997
A regular meeting of the Leesburg Town Council was held on Tuesday, September 23, 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 Jewell M. Emswiller
2. SALUTE TO THE FLAG was led by Councilmember Kristen C. Umstattd
3. ROLL CALL
COUNCILMEMBERS PRESENT
J. Frank Buttery, Jr.
Sewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
B. $. Webb
William F. Wcbb, Jr. (absent)
Mayor James E. Clem
STAFF MEMBERS PRESENT
Town Manager Steven C. Brown
Deputy Town Manager Gary A. Huff
Director of Engineering and Public Works Thomas A. Mason
Director of Finance Paul E. York
Director of Planning, Zoning & Development Michael Tompkins
Zoning Administrator Brian Boucher
Planner Marilee Seigfi'ied
Director of Parks and Recreation Kaj Dentler
Deputy Town Attorney Deborah Welsh
Town Clerk Barbara Markland
4. APPROVAL OF MINUTES
MOTION: On motion of Ms. Umstattd, seconded by Mr. Buttery, the regular meeting minutes of
September 9, 1997 were approved as written.
VOTE:
Aye' Councilmcmbers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem
Nay: None
Absent: Councilmember William F. Webb
5. RESOLUTION OF RESPECT
MOTION: On motion of Mr. Trocino, seconded by Ms. Umstattd, the following Resolution of Respect
was proposed and adopted.
RESOLUTION OF RESPECT
in memory of
CLARENCE GIBSON JEWELL
WHEREAS, Clarence Gibson Jewell, a long time resident of Leesburg, Virginia,
died September 1, 1997 at the age of 74; and
WHEREAS, Mr. Jewell was a past deacon and current trustee of the Leesburg
Baptist Church and a charter member of the Leesburg Kiwanis Club; and
WHEREAS, Mr. Jewell was a past president of the Holiday Rambler Recreational
Vehicle Club, past chairman of the Loudoun County Chapter of the American Red Cross and
was named Loudoun County Chamber of Commerce Man of the Year in 1975.
THEREFORE, RESOLVED, that the Mayor and members of the Council of the
Town of Leesburg in Virginia extend their sympathy to Mr. Jewell's family and to all who
knew him; and
BE IT FURTHER RESOLVED, that this Resolution of Respect be spread upon the
minutes of this meeting and that a copy be sent to his family.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem
Nay: None
Absent: Coun~ilmember William F. Webb
6. PETITIONERS
Mr. Greg Dickie, representing the Virginia Municipal League, presented Mayor Clem with a check in the
amount of $27,820.00 from the Workers Compensation Program.
Ms. Liz Clark and Mr. Richard Stone, with the Blue Ridge Speech and Hearing Center, addressed the
Council with an invitation to attend the Taste of the Towns at Market Station on Saturday. The public is
invited to attend.
Mr. Charles Robinson, representing Sheetz, Inc., addressed the Council requesting a postponement of the
upcoming scheduled public hearing.
Mr. Allen Furman, 37 Linden Hill Way, President of the Linden Hill Homeowners Association, addressed
the Council with the following statement. "I have seen a tape of the September 9, Council meeting and I
believe that the comments and requests made by Mr. Cowart and other residents that evening were very
reasonable and justified. We recognize, however, that there was considerable confusion concerning the
legal status of the town at that time which prevented more complete responses by Council members.
Therefore, I am pleased to announce tonight that Judge Home signed an order today which you all have in
front of you that dismisses the Town of Leesburg as a party to our suit against Winchester Homes and S.
W. Rogers. I trust that, that will now permit you to talk with us.
I am still concerned, however, about a few a points that I'd like to speak about this evening. I want, as my
neighbors did two weeks ago, to speak to you as a citizen of Leesburg and as a homeowner of Linden Hill
and not as the president of the homeowners association. I think it is very important that the Council
members understand that the statements that were made two weeks ago by my neighbors were genuine
expressions of citizen's concern. Not just the views of one or two board members. The way the town has
dealt with our situation has unified our community in a way that nothing else could have and I can assure
you we will not give up until we are satisfied.
I also want to state as clearly as I possibly can on the outset that I am not opposed to development in this
town. I have said to this Council before and I state again now that builders and developers should be able
to make a reasonable profit on their investment but at the same time they should not be permitted to nm
rough-shod over the valid concerns of homeowners in this town. And that does not limit it just to Linden
Hill. For reasons that my neighbors and I and I should add since I have come home from vacation, many
others of this town have spoken to me about, we fail to understand why the town did not take adequate
measures to stop things. Town staff, and I should state, senior town staffand other officials found time to
listen to and to accept the views of Winchester Homes and S. W. Rogers at face value and yet considered
our statements about damage to our homes as frivolous and unfounded.
In early July, for example, shortly after we first learned about the effect of the blasting operations I talked
with one of the town's senior staffabout our concerns that our homes would be damaged by the blasting
and he said he had been here as a town employee for 20 years and that he has never seen any problems.
Little did I realize at that time how wrong he really was. In fact, the prevailing view within the town staff
and among the people associated with Winchester Homes, S. W. Rogers and Vibra Tech consultant firm
was that as long as they stayed within the fire code and industry standards for blasting there would be no
damage. It would seem therefore that the definition they use is, it shouldn't happen and therefore it didn't
happen. Well I beg to differ because there is no question, absolutely no question that several of our homes
were damaged by the blasting operations of S. W. Rogers, including my own.
Moreover on the morning of August 26th, the first day that we went to a hearing before Judge Home,
while our lawyer and several residents of Linden Hill were in court for the first of four continued hearings
because of the delays resulting from the town's absence, the town manager, chief engineer, the town's
assistant attorney and other senior staff were meeting with representatives of Winchester Homes and S.
W. Rogers their lawyers and a consultant employed by S. W. Rogers. In that meeting the Vibra Tech
consultant asserted that the cracks in our foundation walls and concrete slab floors and garages and
basements did not occur as a result of blasting but rather was due to foundation settlement.
That statement by the Vibra Tech representative was not surprising since they were Winchester's hired
gun. But it was especially distressing when we learned later that morning the town's assistant attorney
had told our attorney that she (our lawyer) should get her facts straight. In other words, the town's
attorney had swallowed the Vibra Tech story hook, line and sinker and made absolutely no effort to seek
any other views or at least to maintain a neutral position until other views were available. I point this out
only because structural engineers employed by at least four of our resident's insurance companies have
definitely confirmed the cracks in our foundations were in fact caused by the blasting operations. I am
confident that this number will grow since several other residents are still awaiting inspections by their
insurance companies as well.
It is blatantly obvious to me that the town's senior staff and it's assistant attorney not only did not act
impartially and in the best interest of this Council but clearly did not have their facts straight either. I
should add, that the assistant attorney asked our attorney later on why she couldn't keep her clients under
control. This occurred after the last Council meeting, ff I recall. I would like to submit to you that we are
· free to petition this body at any time we chose with or without the advice of our lawyer and we fully intend
to do that.
Now something is fundamentally wrong when the developers of this town and their views are taken
precedence over those of the citizens and the taxpayers of Leesburg. In my view this demonstrates a
profound lack of leadership interest on the part of the staff as well as at the political level in managing the
affairs of Leesburg in a fair and equitable manner. Any reasonable person would have to agree that the
failure of the senior staff and Council leadership to respond to our pleas for help is simply unacceptable.
And something must be done about it and very soon.
As a start, we look forward to the public meeting which the Mayor has promised us now that thc earlier
legal petition has been amended to dismiss the town from our suit. Since you are now free to talk to us we
trust that you will instruct your town staff to prepare for that meeting without any delay. I ask that you set
a specific date tonight for that meeting.
Second, you should all be aware that one of the excuses that Winchester Homes and S. W. Rogers used to
continue their blasting was that they were working under a very tight time constraint since the blast
material had been sold and they had to deliver by a date certain. However, that constraint seemed to have
evaporated since the blasting ended on Friday, September 5th and not a single yard of dirt has been
excavated since that time. Last Thursday, a bulldozer arrived on scene and leveled all of the dirt that had
been blasted loose in the pond site. When I asked the operator why he was doing that instead of starting
the excavation, he said he understood they were looking for a buyer for the dirt. Now something is really
wrong in this situation and I would very much like to know what the status of the operation is and what
the town proposes to do about it.
Finally, I want to completely endorse the statement and various requests made by Mr. Cowart at the last
meeting but I especially support his request that the Winchester Homes bond of $695,215 not be released
under any circumstances unless and until all the claims for damage are settled to the satisfaction of all
affected homeowners in Linden Hill. That is the absolute least that you can do for us at this time. There
may well be many other things in the future but I certainly hope that you will begin a dialogue that will
lead to a real halt of blasting operations such as we have experienced since the first of July. Thank you."
Mr. Jeff Cowart, a resident of Linden Hill, made the following statement: "I want to iterate an apology for
the mistake about the litigation at the last meeting. You know that I called you (Mayor Clem) the day
after that meeting. We had legitimate, honest confusion on our part and we tried to set that straight and
we have set it straight now by the town being removed from any and all litigation.
I also want to thank Ms. B. J. Webb, Mayor Clem, Ms. Kristen Umstattd and Mr. Frank Buttery. They
spent considerable time in the Linden Hill Subdivision over the last two weeks talking to homeowners,
looking at our homes, walking around the blast site and we do appreciate the outreach that you have made
to our neighborhood. That is a very important first step in what we now hope is going to be a very
productive and solutious-oriented dialogue with the town that I hope will start with this meeting."
Mayor Clem stated, "I publicly want to thank you for taking the time along with some other citizens to
call me and let me know that an error had been made. It wasn't a question of who made the error it was
at least we set the record straight. We are going to move forward working with you."
After further discussion by the Council members a special meeting was set for Wednesday, October 8,
1997 at 7:30 p.m., in the Council Chambers to discuss Linden Hill.
Mr. Hubbard Turner, a resident of Bradfield Drive, addressed the Council with concerns regarding
blasting in the Town of Leesburg. Mr. Turner stated the town needs an ordinance that will regulate
blasting in congested areas. The town's blasting ordinance needs to be more stringent.
Ms. Laura Dutton, addressed the Council with an invitation to Grand Master Choi's Kick Cancer out of
the World event to be held at Broad Run High School on Saturday, October 6, 1997 at 1 p.m. The public
is invited to attend.
7. PUBLIC HEARING TO CONSIDER PROPOSED BOND FINANCING BY THE TOWN OF
LEESBURG, VIRGINIA TO FINANCE IMPROVEMENTS AT THE TOWN'S AIRPORT.
Mr. York provided the staff report.
Airport Chairman, Stanley Caulkins was present to address the Council in support of the public hearing.
Councilmember Buttery pointed out that legislation has been provided for adoption, however, he asked
that the public hearing be held open for ten days to allow the public to comment.
The Council agreed and set a special meeting on Friday, October 3, 1997, at 9:00 a.m., to consider the
legislation at that time.
8. COUNCILMEMBER COMMENTS
Ms. Webb disclosed that she met with representatives of Hazel Peterson and Chelsea, as well as citizens
in the Linden Hill Subdivision. Ms. Webb spoke of the American Heart Association's Heart Walk event
to be held on Saturday, October 4, 1997 at Dulles Airport. Ms. Webb encouraged the public to participate.
Ms. Webb referenced a letter received from Delegate Joe May regarding the Western Bypass and urged
the Town Council to ensure that the Town of Leesburg is not bottlenecked by the proposed road. Ms.
Wcbb stated the town needs to seriously look at the town's blasting ordinance.
Ms. Emswiller announced the next Gallery Walk will be held on October 3, and urged the public's
participation. A tour of the new hospital will be held on October 5m for the public. Ms. Emswiller stated,
now that the town has been dismissed from any potential litigation, she would like to visit and speak with
the Linden Hill homeowners.
Mr. Trocino disclosed that he met with representatives of Chelsea. He congratulated Assistant Town
Manager for Economic Development John Henry King for a job well done. Mr. Trocino stated he too is
looking forward to working with the homeowners in Linden Hill.
Ms. Umstattd announced that Ms. Betsy Mayr, with the Board of Elections, will hold a session on October
13, 1997, at 7:00 p.m., in the lower level of the town's government center, on how to use the new voting
machines. The public is invited to attend. Ms. Umstattd and Zoning Administrator Brian Boucher
attended a meeting at the NVPDC regarding telecommunication towers and FCC regulations. NVPDC
plans to submit comments. Ms. Umstattd disclosed that she met with Chelsea representatives as well as
Linden Hill homeowners. MS. Umstattd stated, the Council needs to adopt legislation on blasting that will
protect other people from what Linden Hill has had to undergo Ms. Umstattd thanked Ms. Connie Harlow
of Foxridge Drive for calling her with information that a young child was hit by or ran into a car. Ms.
Umstattd reported that the boy was medi-vaced to the hospital. He sustained some significant injuries but
is now okay. Ms. Harlow was the source of the action that the town took to install the painted crosswalks
and erect the stop signs at the two bike crossings. Mr. Grow and Mr. Brown went out there immediately
and looked at other safety measures that can be taken.
Mr. Buttery announced that an architect will be present at the Balch Library on October 13, at 7:00 p.m.,
to give an overview of the plans for expansion of the library. He asked staff to send a letter to VDOT
requesting interim safety improvements be made to the Sycolin Road/Route 15 Bypass. Mr. Buttery
asked staff to repair the low shoulders on Route 621 near the middle school. He announced that the
Public Safety Center, as well as the Fire Station will be opening soon with a dedication planned for the
Public Safety Center sometime in November. Mr. Buttery disclosed that he met with representatives of
Chelsea and homeowners in Linden Hill.
9. MAYOR'S REPORT
Mayor Clem asked staff to see if the Cedar Trees can be trimmed at the corner of Catoctin Circle and
Prospect Drive as well as installing 4-way stops at the intersection of Hillcrest and Wildman Streets.
Mayor Clem stated the accident in Foxridge was unfortunate. He thanked the town staff for their
immediate attention in installing the safety measures. The town needs to make sure that all shrubbery is
trimmed and the crosswalks are properly labeled within the town's fight-of-ways to make bike trails as
safe as possible. He attended Kids Day, sponsored by Fink Chiropractic, on Saturday in the Bellwood
Commons Shopping. Mayor Clem echoed Ms. Webb's comments regarding the Western Bypass, further
stating "the Town of Leesburg will not have the Western Bypass terminated at Route 7, creating a
bottleneck."
10. MANAGER'S REPORT
Mr. Brown thanked Mayor Clem for attending the Kincaid Homeowners meeting.
11. LEGISLATION
ll.(a) was referred to the October 7, 1997, Administration and Public Works Committee agenda for
further consideration.
MOTION: On motion of MS. Webb, seconded by Mr. Trocino, the following ordinance was proposed and
adopted.
97-0-31 - ORDINANCE -AMENDING SECTION 12.1-47 OF THE TOWN CODE TO ADD
HEALTH INSURANCE BENEFITS FOR RETIRING TOWN EMPLOYEES UNDER THE AGE
OF 65 WITH FIFTEEN OR MORE YEARS OF SERVICE
WHEREAS, because of the high cost of health insurance, town employees desiring to retire are
discouraged from retiring until they obtain 25 years of service; and
WHEREAS the cost of keeping eligible retirees on the town's group health insurance plan would
be offset by lower payroll costs; and
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-47. Hospitalization and Insurance of the Town Code and Personnel
Manual is hereby amended to read as follows:
Section 12.1-47. Hospitalization and Insurance.
(a) All employees of the town, unless provided otherwise by these rules, are required to participate in
group life, basic hospital/surgical-medical, major medical and disability income programs as approved by
the town Council. The town shall pay all of the total monthly individual premiums for said coverage
described above. The individual employee shall pay the additional hospitalization premiums for the
spouse, family or other dependent overages when a coverage is requested by the employee.
Co) Employees eligible for retirement benefits under the state retirement system with r~it4ng-gom
tim-town a minimum of 15 years of town service shall be eligible to participate in the town's group health
insurance until age 65 at which time they shall be dropped from coverage. ~ Employees eligible for
retirement benefits under the state retirement system with 15 or more years of service and less than 20
years of service participating in the plan shall be required to pay one-half of the monthly individual health
pmmimm. ~ Employees eligible for retirement benefits under the state retirement system with 20
years of service or more may participate in the plan at no cost to them. Retired employees participating in
the plan must pay all of the additional premium for spouse, family or other dependent coverage as
requested by the retiree.
SECTION II. This ordinance shall be effective upon its passage.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Wcbb, Mayor Clem
Nay: None
Absent: Councilmember William F. Webb
(c)
MOTION: On motion of Ms. Webb, seconded by Ms. Emswiller, thc following ordinance was proposed
and adopted as amended by Ms. Webb.
97-0-32 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-97-05
STAR PONTIAC, BUICK, GMC BY GNT ASSOCIATES
WHEREAS, GNT Associates has requested special exception approval to expand a vehicle
storage area associated with an existing automobile dealership; and
and
WHEREAS, the property is located in the B-2 Established Corridor Commercial Zoning District;
WHEREAS, vehicle sales facilities are a special exception use in thc B-2 zoning district; and
WHEREAS, on August 7, 1997 the Planning Commission recommended conditional approval of
special exception application #SE-97-05 Star Pontiac, Buick, GMC by GNT Associates; and
and
WHEREAS, on August 12, 1997, the Town Council held a public hearing on this application;
WHEREAS, the proposed use meets the general review criteria of the zoning ordinance.
THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Special exception application #SE-97-05 Star Pontiac, Buick, GMC by GNT
Associates identified as Tax Map 48 Parcel 110 as shown on the Special Exception Plan prepared by
Chamberlin, Wofford & Chen, PC dated May 19, 1997 is hereby approved subject to the following
conditions:
Development of the site is in substantial conformity with the special exception concept plan prepared by
Chamberlin, Wolford & Chen, PC dated May 19, 1997.
The development plan, including perimeter and interior parking lot landscaping and lighting, is subject to
Board of Architectural Review pursuant to the H-2 Corridor Design Guidelines with special consideration
' given, at the request of the Town Council, to long-term parking of cars in a dealership environment.
SECTION 1I. Approval of the special exception concept plan does not authorize modifications to
any requirements of the Design and Construction Standards Manual, Subdivision and Land Development
Regulations or Zoning Ordinance except as specifically set forth in this ordinance.
SECTION III. This ordinance shall be in effect upon its passage.
DISCUSSION:
Mr. Ray Glenbot Martin, the applicant, addressed the Council expressing concern with sap nmning onto
the new cars if he is made to install the interior landscaping.
Ms. Webb expressed concern with having one massive parking lot.
Ms. Emswiller stated she has the confidence in the BAR to amve at a plan that will address Mr. Martin's
concern, as well as the Council's.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem
Nay: None
Absent: Councilmember William F. Webb
CONSENT AGENDA
11. (d) through
MOTION: On motion of Mr. Trocino, seconded by Ms. Webb, the following resolutions were proposed as
consent items and adopted.
97-224 - RESOLUTION - AUTHORIZING INTERVIEWS TO SELECT MEMBERS FOR
THE NOISE ABATEMENT CORRIDOR ADVISORY COMMITTEE
WHEREAS, Resolution No. 97-179 adopted by Town Council on July 23, 1997 established the
Noise Abatement Corridor Advisory Committee; and
WHEREAS, recruitment advertisements were placed in the Leesburg Today on July 2, and July
9, 1997 to fill the posifioas on the committee; and
WHEREAS, four candidates applied and their statements of interest were forwarded in the
Planning and Zoning Committee packet dated September 16, 1997.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Clerk of Council is hereby directed to schedule interviews before the Town Council for
candidates for the Noise Abatement Corridor Advisory Committee on October 7, 1997 to conclude the
selection process.
97-225 - RESOLUTION - AUTHORIZING A CONTRIBUTION TO THE LOUDOUN
VOCATIONAL EDUCATION FOUNDATION FOR WATER AND SEWER CONNECTION FEES
AND MAKING THE NECESSARY APPROPRIATION
WHEREAS, the Loudoun Vocational Education Foundation assists local vocational students with
learning through practical trade experience; and
WHEREAS, the Foundation's biggest and most popular project is the annual construction of a
house; and
WHEREAS, the single-family home will be constructed on a lot in Leesburg at 308 Ayrlee
Avenue; and
WHEREAS, at the September 16, 1997 Finance Committee meeting a request from the
Foundation was presented requesting that the town contribute to the Foundation a sum in the amount
necessary to cover water and sewer connection fees so that the project may continue.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The town manager is hereby authorized to issue payment of $906.00 to the
Loudoun Vocational Education Foundation so that the Foundation may pay the necessary public facility
fees.
SECTION 1I. An appropriation in the amount of $906.00 is made to General Fund Account
Number 200-9100-560-170.
97-226 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR THE
POTOMAC CROSSING RECREATION CENTER
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for the
Potomac Crossing Recreation Center.
SECTION II. The extension of municipal water and sewer for the Potomac Crossing Recreation
Center is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION IH. The corporate surety bond in a form approved by the town attorney from The
American Insurance Company in the amount of $24,123.00 is approved as security to guarantee
installation of the public improvements shown on the plans approved by the Director of Engineering and
Public Works for the Potomac Crossing Recreation Center.
97-227 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
POTOMAC STATION SECTION 3C
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for Potomac
Station Section 3C.
SECTION II. The extension of municipal water and sewer for the Potomac Station Section 3C is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from the
American Motorists Instaance Company in the amount of $102,249.40 is approved as security to
guarantee installation of the public improvements shown on the plans approved by the Director of
Engineering and Public Works for the Potomac Station Section 3C.
97-228 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS AT EXETER SECTION 7
WHEREAS, Pulte Home Corporation, the developer of Exeter Section 7 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 letter of credit from NationsBank in the amount of $274,622.40 is released, a
new security in a form approved by the town attorney for a maintenance guarantee in the amount of
$68,655.60 is approved, and shall be in effect for a period of one year from this date.
SECTION II. This release in contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or charges.
97-229 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS AT GATEWAY LOT 9A - FORT KNOX SELF STORAGE
WHEREAS, Williamsborough Development Company, the developer of Gateway Lot 9A - Fort
Knox Serf Storage 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 letter of credit from Frederick County National Bank in the amount of
$19,736.00 is released, a new security in a form approved by the town attorney for a maintenance
11.
11.
guarantee in the amount of $4,934.10 is approved, and shall be in effect for a period of one year from this
date.
SECTION II. This release in contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or charges.
97-230 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLED IN TOWN-ES OF VANDERBILT SECTION 3
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Townes of Vanderbilt Section 3 and certified that the value of work
performed is $135,689.77; and
WHEREAS, a letter of credit in the amount of $246,552.81 from The Washington Savings Bank
was provided by the developer and approved by the Council to guarantee installation of public
improvements for Townes of Vanderbilt Section 3.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from The Washington Savings Bank in the current amount of
$246,552.81 is reduced to $110,863.04.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
has been reduced as outlined in Section I of this resolution and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for Townes of Vanderbilt Section 3.
97-231 - RESOLUTION - AMENDING THE CAPITAL IMPROVEMENTS PROGRAM,
AUTHORIZING TRAFFIC ADVISORIES AND MAKING AN APPROPRIATION FOR
FAIRVIEW STREET IMPROVEMENTS
WHEREAS, the Old Waterford Knoll Subdivision is almost fifty percent completed; and
WHEREAS, Fairview Street has been connected through from West Market Street to
Old Waterford Road; and
WHEREAS, traffic has increased on Fairview Street; and
WHEREAS, Project 41 of the approved Capital Improvements Program includes road
improvements for Fairview Street to be completed in Fizcal Year 2000; and
funded; and
WHEREAS, the design and right-of-way acquisition of Project 41 are only partially
WHEREAS, the town's Engineer II for Transportation has recommended the
installation of advisory signs to slow traffic around the bump in Falrview Street.
follows:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
SECTION I. Fifteen miles per hour advisory speed limit and bump warning signs are
hereby authorized to be installed in appropriate locations north of 212 Fairview Street.
SECTION II. Funding in the amount of $10,000 is hereby appropriated from
accumulated proffer funds to amend the 1998-2002 Capital Improvements Program to accelerate the
design and fight-of-way acquisition for Project 41, Fairview Street improvements.
SECTION III. A request for gas tax funds from Loudoun County in the amount of
$102,000 is hereby authorized to assist in accelerating the construction of Project 41, Fairview Street
improvements.
Mr. Buttery disclosed that he owns a parcel of land on Fairview Street.
VOTE:
Aye: Councilmembers Buttery, Em_swiller, Trocino, Umstattd, B. J. Webb, Mayor Clem
Nay: None
Absent: Councilmember William F. Webb
(m) and (n) were referred to the October 3, 1997 Special Meeting.
(n)
Mr. Boucher provided the staff report.
Mr. Banzlmf and Mr. Titus, representing the applicant were present and addressed the issue.
MOTION: Ms. Umstattd made a m°tion to overturn the Zoning Administrator's issuance of a proffer
interpretation for #gM-150 Leesbm'g Comer Outlet Mall.
Mr. Buttery stated he did not vote in favor of the application when it was approved, therefore he would
abstain from this vote.
Ms. Emswiller stated she supports the Zoning Administrator's interpretation.
Mayor Clem stated he believes an honest mistake was made and will vote to support the motion.
VOTE:
Aye: Councilmembers Trocino, Umstattd, B. $. Webb, Mayor Clem
Nay: Councilmember Emswiller
Abstain: Councilmember Buttery
Absent: Councilmember William F. Webb
On motion of, and duly seconded, the meeting was adjourned at 10:35 p.m.
Clerk of Council
)lt(mes E. Clem, Mayor