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