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HomeMy Public PortalAbout1997_10_08SPECIAL MEETING MINUTES OF OCTOBER 8, 1997 A special meeting of the Leesburg Town Council was held on Wednesday, October 8, 1997 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 220175, Municipal Government Center. Notice having been delivered to all members of Council prior thereto. The purpose of the meeting was to discuss issues in the Linden Hill Subdivision. COUNCILMEMBERS PRESENT J. Frank Buttery, Jr. Jewell M. Emswiller Joseph 1~ Trocino Kristen C. Umstattd B. J. Webb William F. Webb, 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 Deputy Town Attorney Deborah Welsh Loudoun County Fire Marshal Jeff Flippo Mr. Brown provided a summary of the circumstances that occurred at Linden Hill with regard to blasting. Mr. Flippo provided a summary of the circumstances that occurred at Linden Hill with regard to blasting. Mr. Jeff Cowart, a resident of Linden Hill, addressed the Council stating he has done a lot of research on the issues in the last few weeks. He stated the Town Council could direct the Fire Marshal to obtain the records of each and every blast for review. The. blasting records are going to be a key component to discussing what happened in Linden Hill. He stated, the Fire Marshal has the authority on blast permit regulations and that the residents in Linden Hill believe the town has ultimate responsibility for the health, welfare and safety of the citizens. Mr. Cowart provided information and contacts for the Town Council suggesting information be obtained from the American Insurance Services Group, The Bureau of Mines - Office of Surface Mining, and The Nationwide Blasting Work Group (NBWG). Mr. Cowart stated, the town's ordinance has to have provisions in it that states the town has a means to cross-check blasting data and the town needs someone, with the expertise, who can look at the data and ask questions about frequency waves, peak particle velocities, as well as other pertinent questions. Mr. Madaglia, a resident of Linden Hill, addressed the Council with comments regarding the blasting issues in Linden Hill. Mr. Madaglia referenced a letter which states Winchester Homes has established a process to handle damage claims. Mr. Madaglia stated he is unaware of any process. Ms. Umstattd suggested sending a letter to Winchester Homes from the Town of Leesburg asking that Winchester Homes inform the town and respond to Mr. Madaglia relative to the claims process. Deputy Town Attorney Deborah Welsh stated she has been in contact with Bill Chapman from Hazel Thomas, representing Winchester Homes, requesting him to advise the Town of how they are processing claims and information regards to damage that they are receiving. Mr. Chapman advised Ms. Welsh that all of the claims received have been sent to their insurance company and that a number of the complaints received have been forwarded to S. W. Rogers Company. Ms. Welsh asked that a designated resident of Linden Hill provide the town with copies of all the letters that have been sent. Mr. Madaglia suggested a time limit be placed on Winchester Homes to have action on the damage claims. Mayor Clem stated a committee should be formed immediately to review the town's current blasting ordinance. Mayor Clem asked Mr. Flippo to serve on the committee. Ms. Webb stated, to be able to do the kind of job that is needed, the town will have to look outside of the community in order to find the expertise that will be needed. MOTION: On motion of Mr. Trocino, seconded by Ms. Webb, the Mayor shall appoint a blasting committee within one week. Ms. Emswiller stated, in addition to the blasting issues, the town needs to consider peripheral issues as well, such as the distance of stormwater management ponds to buildings. Also, the timeliness of the performance of the developers so that bonds are not extended as readily as they have been in the past. VOTE: Aye: Nay: Absent.' Councilmembers Buttery, Em. swiller, Trocino, Umstattd, B. J. Webb, Mayor Clem None Councilmember William F. Webb, Jr. MOTION: On motion of Ms. Webb, seconded by Ms. Umstattd, the Town Council shall withhold bond release on Winchester Home's surety bond until the claims process is complete. VOTE: Aye: Nay: Absent: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem None Councilmember William F. Webb, Jr. Mayor Clem suggested sending the town's camera truck to Linden Hill to determine ff any of the infrastructure has been damaged. Mr. Buttery expressed concern that other contracts are being signed before the Council has had the opportunity to review the contract, specifically the provision/a clear definition of an emergency. Mr. Buttery asked that the town's attorney review this immediately, as well as the insurance requirements and overall provisions of the contract - suggesting increasing the amounts of insurance required. Mr. Buttery also suggested adding a provision in the contract that ff there exists any question of whether or not guidelines are being followed, that the town would have its own consultant, at the expense of the contractor, to inspect the situation. Mr. Cowart extended an invitation to Mr. Brown and Mr. Mason to visit the Linden Hill homes. Mr. Furman, a resident of Linden Hill and President of the Linden Hill HOA, addressed the Council with comments regarding the issues that have taken place in Linden Hill. Mr. Robert Zoldos, a resident of Country Club Drive, addressed the Council stating the Council should consider employing its own Fire Marshal. Mayor Clem asked Mr. Brown to compose a letter to the Loudoun County Board of Supervisors to consider additional staff in the Loudoun County Fire Marshal's office. On motion of, and duly seconded, the meeting was adjourned. Clerk of Council · Clem, Mayor