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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