HomeMy Public PortalAbout1987_10_14 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia, on October 14, 1987,
at 7:30 P.M. The meeting was called to order by the Mayor with the invoca-
tion given by Mr. Tolbert, followed by the Salute to the Flag led by Clerk
of Council Dorothy Rosen. Present were Mayor Robert E. Sevila;
Councilmembers James E. Clem; Arl Curry; Brian Kelley; Hunter Leach; John
Tolbert, Jr. ; and Charles Williams. Staff members present were Town Manag-
er, Jeffrey Minor; Director of Engineering and Public Works, Tom Mason;
Director of Finance, Paul York; Director of Planning, Zoning and Develop-
ment, Martha Mason-Semmes; Assistant Director of Planning, Zoning and Devel-
opment, Tom Poupard; and Deputy Town Attorney, Deborah Welsh.
PETITIONERS
Dr. Reavis Sproull, representing Keep Loudoun Beautiful reported
on the second International Conference at Pittsburgh on solid waste manage-
ment. This conference is set up with the purpose of studying, understand-
ing, and disposing of solid waste all over the world.
Hubbard Turner, resident of Bradfield Drive spoke briefly concerning
the connection of Bradfield Drive to Woodlea Manor. He wanted to
express his appreciation to the Town Manager, Ms. Semmes and Mr. Poupard in
assisting them in this matter.
Fred Flemming, Professor of Accounting at Northern Virginia Community
College, but more recently appointed to administer a new program, the
Small Business Assistance Center of Loudoun County, Inc. He gave a brief
report on what the program provided for Loudoun County and gave out several
handouts concerning what is available to the public.
Mr. Kelley asked Mr. Flemming if he would meet with the Economic
Development Committee and give them a more detailed report, tentatively the
November or December meeting. He said he would be pleased to do so.
Patty Muir, a resident of 1108 Bradfield Drive also reported on the
connection of Bradfield Drive. She mentioned the resolution before Council
to give protection to the residents of the Country Club community. She
hoped that Council would vote positively on the resolution. She gave spe-
cial thanks to Mayor Sevila, the Town Council, Jeffrey Minor and staff, the
people of NVLand, and the residents of Country Club.
The following Proclamation was read by the Mayor:
PROCLAMATION
WHEREAS, it is the desire of the citizens of the Town of Leesburg to
extend their appreciation to the Veterans of the Armed Services; and
WHEREAS, veterans will be arriving in Leesburg for Veterans Day celebra-
tions during the week of November 5-11, 1987; and
WHEREAS, the Town of Leesburg is proud and honored to be the site of
numerous activities taking place within the town to honor our veterans
during the week of November 5-11, 1987; and
WHEREAS, on November 8, 1987, a special veteran's service will be held
at Leesburg Baptist Church; and
WHEREAS, on November 10, 1987, a concert will take place at the
Douglass Community Center in honor of our veterans; and
WHEREAS, a Veterans Day Ceremony will be held on November 11, 1987, on
the Court House lawn; and
WHEREAS, "Thank you Veterans Week" will bring together citizens and
veterans and their families under a common bond of appreciation and respect
for the vast contributions and sacrifices made by our veterans; and
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
WHEREAS, "Thank You Veterans Week" is dedicated to our veterans; and
their contributions to preserving the freedoms and prosperity of this great
Nation:
THEREFORE, BE IT RESOLVED that I Robert E. Sevila, Mayor of the Town of
Leesburg in Virginia, do hereby proclaim November 5-11, 1987, as
THANK YOU VETERANS WEEK
Laura Walton, National Director of the National Capital Retreat Cen-
ter for Vietnam Veterans, reported on the activities scheduled for Veterans
Week. She said that Leesburg would be the host town and the temporary
headquarters for the veterans as they march into Washington, D.C.
She gave a special invitation to the Councilmembers and all citizens to
attend these ceremonies.
PUBLIC HEARING ON VACATION OF A PORTION OF UNIMPROVED LEE AVENUE
Director of Planning, Zoning and Development Martha Semmes advised that
we had an application from the developers of the Roxboro townhouses on Lee
Avenue. They have applied to vacate a piece of Lee Avenue which has never
been used as a street. The Trammell Crow Company has proposed to buy that
property if the Council agrees to vacate it and use it as open space for
their townhouse community. The area that would be proposed for vacation is
.2 of an acre.
Doug Rowell, member of Leesburg Baptist Church and lives on Bradfield
Drive, asked whether this was just open space - is there something going to
be done to that space in terms of playground area or other improvements?
Mr. John Cox of the Roxboro townhouses responsed to this question.
On motion of Mr. Williams, seconded by Mr. Kelley, Council voted unani-
mously to refer this matter back to the Finance and Administration Commit-
tee
for further consideration. Mr. Williams also invited the members of
the church to appear before the Finance and Administration Committee to
review the proposals.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila.
Nay: None
COUNCILMEMBER COMMENTS
Mr. Williams said several members of Council attended the VML meeting
in Alexandria. He suggested we send the Mayor of Alexandria a letter ex-
pressing the town's appreciation for their hospitality while there. He
said the Parks and Recreation Commission met and endorsed the use of the
park by the Vietnam veterans. Members received the draft master plan for
the park - the Parks and Recreation will meet again next Tuesday at a spe-
cial session to make final comments on it. Mayor Sevila, Manager Minor and
Director of Finance, Mr. York, and he took a trip to New York to be rated
by Moody's and Standard and Poor' s for the upcoming sale of $5,000,000
bonds for the community. He also reported that Mr. Minor, members of staff,
as well as certain members of the Parks Commission, and himself appeared
before the Board of Supervisors to give them a brief overview of what the
town's aquatic center and a portion of what the master plan for the park
would be over the next several years.
Mr. Curry reported the Planning Commission met on Thursday, October 1
and approved the preliminary development plan for Midas Muffler and ap-
proved a conditional use permit for the Catholic church. Tavistock Farms
final development plan, the final development plan for Tavistock Elementary
School, the Special Exception for 87-4, 18 Liberty Street, SW, and the
Leesburg South concept plan were recommended to Council for approval. He
also said that for some time, he has felt the town needed a traffic engi-
neer and he believed we should hire one - someone who can make recommenda-
tions to the Planning Commission and Council on street connections, street
layouts in subdivisions and even opening and closing of streets. Until an
engineer is hired by the town, he recommends that one planning person and
one engineer from the engineering department be appointed to make reports
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
to the Planning Commission on this. He feels the town is not getting a
fair study from the consultants who do work for both the town and the devel-
opers in the town.
Mr. Kelley said the Economic Development Committee met this morning
and decided one of the areas they wanted to activate is a speakers program
where we. do have a varied and diverse cross section of people from the
development community, people from within town that have items of inter-
est coming before Council. Fred Flemming is an example of this which would
be beneficial to the town. He said they also took a look at their goals
for the year and hoped to get something to Council within the next month.
Mr. Tolbert said he was one of the delegates who went to the VML and
he was glad to see some new faces. He said he had not been there since
1940 and a lot of changes have taken place.
MANAGER'S COMMENTS
Town Manager Jeff Minor reported the following items:
(1) Council received a copy of the Activity Report on Monday and he
pointed out just a few items from there. One interesting observation made
in a report which had been received from the Virginia Department of Trans-
portation is part of the annual audit now that is performed to insure that
localities are spending the funds they receive from maintenance of roads
within their jurisdiction. It points out that Leesburg (this is for fiscal
year 86) spent almost $64,000 more on road maintenance than we received
from the state. Many localities tried to encourage the legislature to
broaden the categories which are eligible for credit for these revenues
from the state because some localities are finding it difficult to spend
all the funds they receive from the state on road maintenance. So, this
points out that Leesburg does do an excellent job on its street maintenance
and goes beyond the level of the state allocation. We are hopeful that in
the future the state may adopt legislation that would give the localities
that spend more than their allocation the proceeds from those that do not.
(2) An important capital project, the Clubhouse Drive relocation. The
design work is being performed by Paciulli Simmons and Associates. We hope
in the next several months to put this project out to bid which will result
in moving the intersection of Clubhouse Drive south and ultimately result
in signalization of the intersection which will improve the safety at this
intersection.
Mayor Sevila said he, Mr. Williams, Mr. Minor and Director of Finance
Paul York went to New York to the rating agencies for the purpose of de-
scribing the financial well-being of our community. He said Mr. Minor and
Mr. York were well prepared for all the questioning and interviewing con-
ducted by the raters and as a result, he was confident, as is Mr. Williams,
Mr. Minor and Mr. York, that we will receive a favorable rating which will
affect the interest rate we pay.
He also mentioned this is National Education Week and schools are open
for people to come and have lunch with the children, meet the faculty and
administrators and he wanted to encourage everyone to do this.
LEGISLATION
87-0-27 - ORDINANCE - AUTHORIZING THE ISSUANCE OF THE TOWN OF LEESBURG,
VIRGINIA, $10,000,000 GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
ordinance was proposed, and after explanation by Mr. Minor and considerable
favorable discussion, was unanimously adopted by roll call:
The Town Council ("Council") of the Town of Leesburg, Virginia ("Town")
has determined that it is necessary to acquire, construct, equip and im-
prove various public improvements, including a municipal government center
and parking complex, an aquatic center and gymnasium, a public works com-
plex and the Phase VI storm drainage project ("Projects"), and it is neces-
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
sary and expedient to borrow not to exceed $10,000,000 and to issue bonds
of the Town ("Bonds") to provide funds to pay the costs of such facilities.
The Council has held a public hearing on the issuance of the Bonds in
accordance with the requirements of Section 14. 1-171. 1 of the Code of Vir-
ginia of 1950, as amended.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
LEESBURG, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The council hereby
determines that it is advisable to contract a debt and to issue and sell
the Bonds in an amount not to exceed $10,000,000. The issuance and sale of
the Bonds is hereby authorized. The proceeds from the issuance and sale of
the Bonds shall be used to pay the costs of the Projects. The bonds may be
issued in one or more series from time to time.
2. Authorization of series 1987 bonds. The Council hereby deter-
mines that it is advisable to issue and sell $5,000,000 of the Bonds to be
designated General Obligation Public Improvement Bonds, Series 1987 ("
Series 1987 Bonds") on the terms and conditions set forth in this Ordi-
nance. The Series 1987 bonds shall be used in the following amounts for
the following purposes (provided that proceeds not needed for a -particular
Project listed'below may be allocated to other Projects) :
Aquatic Center/Gymnasium $ 500,000
Public Works 1,000,000
Phase VI Storm Drainage Project 564,000
Municipal Government
Center/Parking Complex 2,936,000
Total: $5,000,000
3. Pledge of Full Faith and Credit. The full faith and credit of
the Town are hereby irrevocably pledged for the payment of the principal
of, premium, if any, and interest on the Series 1987 Bonds as the same
become due and payable. The Council shall levy an annual ad valorem tax
upon all property in the Town, subject .to local taxation, sufficient to pay
the principal of, premium, if any, and interest on the Series 1987 Bonds as
the same shall become due for payment unless other funds are lawfully avail-
able and appropriated for the timely payment thereof.
4. Details of Series 1987 Bonds. The Series 1987 Bonds shall be
issued in fully registered form, shall be dated November 1, 1987', shall
bear interest at a rate or rates such that the true interest cost of the
Bonds does not exceed 10.0% per annum, such rate or rates to be established
by subsequent resolution of the Council, payable semi-annually on June 1
and December 1, beginning June 1, 1988, shall be in the denominations of
$5,000 each or whole multiples thereof and shall be numbered from R-1 up-
wards consecutively. The Bonds shall mature serially on December 1 in the
years and amounts as follows:
Year Amount Year Amount
1988 $250,000 1998 $250,000
1989 250,000 1999 250,000
1990 250,000 2000 250,000
1991 250,000 2001 250,000
1992 250,000 2002 250,000
1993 250,000 2003 250,000
1994 250,000 2004 250,000
1995 250,000 2005 250,000
1996 250,000 2006 250,000
1997 250,000 2007 250,000
5. Book-Entry-Only Form. The Series 1987 Bonds shall be issued in
fully registered form and registered in the name of Cede & Co. , a nominee
of The Depository Trust Company, New York, New York ("DTC") as registered
owner of the Series 1987 Bonds, and immobilized in the custody of DTC. One
fully registered series 1987 Bond in typewritten or printed form for the
principal amount of each maturity shall be registered to Cede & Co. Benefi-
cial owners of Series 1987 Bonds shall not receive physical delivery of
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
Series 1987 Bonds. Principal, premium, if any, and interest payments on
the Series 1987 Bonds shall be made to DTC or its nominees registered owner
of the Series 1987 Bonds on the applicable payment date.
Transfer of ownership interest in the Series 1987 Bonds shall be made
by DTC and its participants ("Participants"), acting as nominees of the
beneficial owners of the Series 1987 Bonds, in accordance with rules speci-
fied by DTC and its Participants. The Town shall notify DTC of any notice
required to be given pursuant to this Ordinance or the Series 1987 Bonds
not less than fifteen (15) calendar days prior to the date upon which such
notice is required to be given. The Town shall also comply with the agree-
ments set forth in the Town's letter of representations to DTC, which let-
ter of representations is approved in substantially the form submitted at
this meeting of the Town Council.
Replacement Series 1987 Bonds (the "Replacement Bonds") shall be issued
directly to beneficial owners of Series 1987 Bonds rather than to DTC, or
its nominee, but only in the event that:
(i) DTC determines not to continue to act as securities
depository for the Series 1987 Bonds; or
(ii) The Town has advised DTC of its determination that DTC
is incapable of discharging its duties; or
(iii) The Town has determined that it is in the best interest
of the beneficial owners of the Series 1987 Bonds not to continue the book-
entry system of transfer.
Upon occurrence of the event described in (i) or (ii) above, the Town shall
attempt to locate another qualified securities depository. If the Town
fails to locate another qualified securities depository to replace DTC, the
Town shall execute and deliver Replacement Bonds substantially in the form
set forth in Exhibit A attached hereto to the Participants. In the event
the Town Council, in its discretion, makes the determination noted in (ii)
or (iii) above and has made provisions to notify the beneficial owners of
Series 1987 Bonds by mailing an appropriate notice to DTC, the appropriate
officers and agents of the Town shall execute and deliver Replacement Bonds
substantially in the form set forth in Exhibit A attached hereto to any
Participants requesting such Bonds. Principal of, premium, if any, and
interest on the Replacement Bonds shall be payable as provided in paragraph
4 of this Ordinance and in the Series 1987 Bonds and such Replacement Bonds
will be transferable in accordance with the provisions of paragraphs 11 and
12 of this Ordinance and the Series 1987 Bonds.
6. Form of Series 1987 Bonds. The Series 1987 Bonds shall be in
substantially the form attached to this Ordinance, with such appropriate
variations, omissions and insertions as permitted or required by this Ordi-
nance or subsequent resolution of the Town Council. There may be endorsed
on the Series 1987 Bonds such legend or text as may be necessary or appro-
priate to conform to any applicable rules and regulations of any governmen-
tal authority or any usage or requirement of law with respect thereto.
7. Redemption of Series 1987 Bonds. The Series 1987 Bonds maturing
on or before December 1, 1995, are not subject to redemption before maturi-
ty. Series 1987 Bonds maturing on or after December 1, 1996, are subject
to optional redemption before maturity at the direction of the Town, in
whole at any time or in part (in installments of $5,000) on any interest
payment date on or after December 1, 1995, in such order as may be deter-
mined by the Director of Finance (except that if at any time less than all
of the Series 1987 Bonds of any maturity are called for redemption, the
particular Series 1987 Bonds of such maturity or portions thereof to be
redeemed shall be selected by lot) upon payment of the following redemption
prices (expressed as a percentage of the principal amount of Bonds to be
redeemed) plus interest accrued thereon to the date fixed for redemption:
Redemption Date Redemption Price
December 1, 1995, through November 30, 1996, inclusive 102%
December 1, 1996, through November 30, 1997, inclusive 101 1/2
December 1, 1997, through November 30, 1998, inclusive 101
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
December 1, 1998, through November 30, 1999, inclusive 100 1/2
December 1, 1999, and thereafter 100
8. Execution of Series 1987 Bonds. The Mayor of the Town and the
Clerk of the Council are hereby authorized and directed to execute appropri-
ate negotiable Series 1987 Bonds in the aggregate principal amount of
$5,000,000, and to affix the seal of the Town thereto. The manner of execu-
tion and affixation of the seal may be by facsimile, provided, however,
that if the signatures of the Mayor and Clerk are both by facsimile, the
Series 1987 Bonds shall not be valid until signed at the foot thereof by
the manual signature of the Bond Registrar.
9. CUSIP Numbers. The Series 1987 Bonds shall have CUSIP identifi-
cation numbers printed thereon. No such number shall constitute a part of
the contract evidenced by the Bond on which it is imprinted and no liabili-
ty shall attach to the Town, or any officer or agent thereof by reason of
such numbers or any use made thereof, including any use thereof made by the
Town and any such officer or agent, by reason of any inaccuracy, error or
omission with respect thereto.
10. Appointment of Bond Registrar and/or Paying Agent. The Town
will serve as Bond Registrar. The Town Council may appoint a subsequent
bond registrar and/or one or more paying agents for the Series 1987 Bonds
by subsequent resolution and upon giving written notice to the holders of
the Series 1987 Bonds specifying the name and location of the principal
office of any such bond registrar or paying agent.
11. Registration, Transfer and Exchange. Upon surrender for trans-
fer or exchange of any Series 1987 Bond at the principal corporate trust
office of the Bond Registrar, the Town shall execute and deliver and the
Bond Registrar shall authenticate in the name of the transferee or transfer-
ees a new Series 1987 Bond or Series 1987 Bonds of any. authorized denomina-
tion in an aggregate principal amount equal to the Series 1987 Bond surren-
dered
and of the same form and maturity and bearing interest at the same
rate as the Series 1987 Bond surrendered, subject in each case to such
reasonable regulations as the Town and the Bond Registrar may prescribe.
All Series 1987 Bonds presented for transfer or exchange shall be accompa-
nied by a written instrument or instruments of transfer or authorization
for exchange, in form and substance reasonably satisfactory to the Town and
the Bond Registrar, duly executed by the registered owner or by his or her
duly authorized attorney-in-fact or legal representative. No Series 1987
Bond may be registered to bearer.
New Series 1987 Bonds delivered upon any transfer or exchange shall be
valid obligations of the Town, evidencing the same debt as the Series 1987
bonds surrendered, shall be secured by this Ordinance and entitled to all
of the security and benefits hereof to the same extent as the Series 1987
Bonds surrendered.
12. Charges for Exchange or Transfer. No charge shall be made for
any exchange or transfer of Series 1987 Bonds, but the Town may require
payment by the holder of any Series 1987 Bond of a sum sufficient to cover
any tax or other governmental charge which may be imposed with respect to
the transfer or exchange of such Series 1987 Bond.
13. Temporary Bonds. The Town may initially issue the Bonds in
temporary, registered form. If Bonds are issued in temporary form, the
Town shall promptly prepare, execute and deliver to the registered owners
Series 1987 Bonds in definitive form of the same maturity and interest rate
and for the same aggregate principal amount as the temporary Series 1987
Bonds. Appropriate variations, omissions and insertions may be made in the
Series 1987 Bonds to facilitate printing or preparation of definitive Bonds.
14. Arbitrage and Tax Covenants. The appropriate officers and
agents of the town are authorized and directed to execute a Non-Arbitrage
Certificate and Tax Covenants setting forth the expected use and investment
of the proceeds of the Series 1987 Bonds and containing such covenants as
may be necessary in order to comply with the provisions of the Internal
Revenue Code of 1986, as amended ("Code"), including the provisions of
Section 148 of the Code and applicable regulations relating to "arbitrage
bonds." The Council covenants on behalf of the town that the proceeds from
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
the issuance and sale of the Series 1987 Bonds will be invested and expend-
ed as set forth in the Town's Non-Arbitrage Certificate and Tax Covenants,
tobe delivered simultaneouslywith the issuance and deliveryof the Series
1987 Bonds and that the Town shall comply with the other covenants and
representations contained therein.
The Town designates the Series 1987 Bonds as "qualified tax-exempt
obligations" eligible for the exception from the disallowance of the deduc-
tion of interest by financial institutions allocable to the cost of carry-
ing tax-exempt obligations in accordance with the provisions of Section
265(b)(3) of the Code. The Town does not reasonably anticipate issuing
more than $10,000,000 in qualified tax-exempt obligations during calendar
year 1987 and the Town will not designate more than $10,000,000 of quali-
fied tax-exempt obligations pursuant to such Section 265(b)(3) .
15. Disclosure Documents. The officers and agents of the Town are
hereby authorized and directed to prepare, execute and deliver an appropri-
ate official statement, notice of sale or such other disclosure documents
as may be necessary to expedite the sale of the Series 1987 Bonds. The
official statement, notice of sale or other disclosure documents shall be
published in such manner and at such times as the appropriate officers or
agents of the Town shall determine. The appropriate officers and agents of
the Town are authorized and directed to execute and deliver the official
statement with respect to the issuance and sale of the Series 1987 Bonds in
substantially the form of the Preliminary Official Statement submitted at
this meeting with such changes as such officers may consider necessary or
desirable and such official statement is hereby approved.
16. Further Actions. The officers and agents of the Town are author-
ized and directed to take such further action as they deem necessary regard-
ing the issuance and sale of the Series 1987 Bonds and all actions taken by
such officers and agents in connection with the issuance and sale of the
Series 1987 Bonds are hereby ratified and confirmed.
17. Filing of Ordinance. The appropriate officers or agents of the
Town are authorized and directed to file a certified copy of this Ordinance
with the Circuit Court of the County of Loudoun, Virginia pursuant to Sec-
tions 15. 1-199 and 15. 1-212 of the Code of Virginia of 1950, as amended,
and within ten days thereafter to publish once in a newspaper of general
circulation in the Town a notice setting forth (1) in brief and general
terms the purpose for which the Bonds are to be issued and (2) the amount
of the Bonds.
18. Effective Date. This Ordinance shall take effect immediately.
The undersigned Clerk of the Town Council of the Town of Leesburg,
Virginia, certifies that the foregoing constitutes a true, complete and
correct copy of the Ordinance adopted at a regular meeting of the Town
Council of the Town of Leesburg, Virginia, held on October 14, 1987.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
On a motion by Mr. Kelley, seconded by Messrs. Curry and Tolbert an
ordinance approving a revised preliminary development plan and proffer
amendment for the Exeter Planned Residential Neighborhood was referred back
to the Finance and Administration Committee for further consideration.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
On a motion by Mr. Kelley, seconded by Mr. Tolbert, the following reso-
lutions were proposed and unanimously adopted as consent items:
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
87-208 - RESOLUTION - ADOPTING A MINORITY AND WOMEN BUSINESS ENTERPRISE
PLAN FOR FAA FUNDED PROJECTS AT LEESBURG
MUNICIPAL AIRPORT
WHEREAS, the Town of Leesburg has been approved by the Federal Aviation
Administration (FAA) for financial assistance to extend the south runway at
Leesburg Municipal airport; and
WHEREAS, the town wishes to comply with federal regulations regarding
increased participation by minority and women business enterprises in feder-
ally assisted contracts:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The following is the Minority and Women Business Enterprise
Plan for Leesburg Municipal:
LEESBURG MUNICIPAL AIRPORT
MINORITY AND WOMEN BUSINESS ENTERPRISE PLAN
1. Policy Statement
It is the policy of this organization to utilize Minority and Women
Business Enterprises in all aspects of contracting. This commitment can be
demonstrated by the efforts taken in the development of this plan and in
our local contracting procedures which have been developed, as well as in
our existing working relationship with the Virginia State Office of Minori-
ty Business Enterprises. The Town of Leesburg takes the MBE/WBE responsi-
bility seriously and will endeavor to comply with all aspects of this plan.
2. Liaison Officers
The following person has been assigned the responsibility to develop,
manage and implement the Minority and Women Business Enterprise Program:
Steven C. Brown, Assistant Town Manager, (703) 777-2420.
3. Minority Business Enterprise Director
An up-to-date MBE/WBE directory is available from the Virginia Office
of Minority Business Enterprises and the Omega Group. All bidders and
proposers will be referred to these organizations for MBE/WBE listings upon
request. Certification of these MBE/WBEs will be done on a case-by-case
basis.
4. Determination of Eligibility
A written certification from the MBE/WBE itself will be required stat-
ing that it is a legitimate minority or women business or joint venture.
5. Minority and Women Enterprise Goals
A percentage of dollar goals on each airport improvement program
project will be established. These goals will apply for both prime and
subcontractors at the airport. For the pending federal project, that per-
centage follows:
Minority Female
10% 2%
The percentage of dollar goals above are a result of an analysis of the
number of MBEs available and the contracting potential identified. Since
our proposed AIP project involves rather specialized pavement construction,
the goals for minority and female participation may be ambitious. However,
we will request the assistance of the following organizations in endeavor-
ing to meet our goals, in addition to our normal procedures detailed in
Item 6:
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
• State Office of Minority Business Enterprises
Virginia State University
Box 00
Petersburg, VA 23803
• Omega Group
Curtis M. McMeekin, Project Director
suite 320
555 4th St. , N.W.
Washington, D.C. 20001
The following goals have been established for lease opportunities on
the airport:
Minority Female
5%
6. Procedures to Ensure an Opportunity to MBE/WBE
The following procedures will be utilized in our efforts to obtain
Minority and Women Business Enterprise participation:
• Invitations to MBE/WBEs to attend prebid meetings.
• Advertise 20 days before bids or proposals are requested.
• Provide written notice to MBE/WBEs that their interest is
solicited.
• Maintain a list of MBE/WBEs to be contacted.
• Provide MBE/WBEs with information on plans and specifications.
7. Compliance Requirements
IIThe contract goals determined for this project will be provided to that
prime contractor. A requirement of the contract agreement will be that
EVERY EFFORT will be utilized to meet the contract goal.
8. Effective Dates
The federal grant for this project will be issued during FY 1988.
Therefore, this MBE/WBE plan will be effective from October, 1987 through
September, 1988.
SECTION II. This Minority and Women Business Enterprise Plan for
Leesburg Municipal Airport shall be automatically repealed at the time FAA
regulations no longer require a specific program for minority and women
business enterprise participation in federally assisted contracts.
87-209 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING FOR A
VACATION OF A PORTION OF EAST MARKET STREET (ROUTE
7) RIGHT-OF-WAY ADJACENT TO THE PROPOSED BELLEWOOD
COMMONS SHOPPING CENTER.
WHEREAS, two parcels of land utilized for storm drainage purposes were
acquired by the Virginia Department of Transportation (VDOT) as part of the
widening of East Market Street adjacent to the proposed Bellewood Commons
Shopping Center as illustrated on the development plan for the center; and
WHEREAS, VDOT is in the process of transferring fee simple title of
East Market Street west of the Bypass, including these parcels, to the Town
of Leesburg; and
WHEREAS, Turner-Harwood Venture at Bellewood Commons(Turner-
Harwood), the developer of Bellewood Commons, desires to acquire the two
subject parcels to use for parking, a sign and landscaping for the proposed
shopping center, as illustrated on the development plan for this project;
and
WHEREAS, the applicant has proposed to replace the existing fee simple
ownership of the storm drainage facilities with public storm drainage ease-
ments acceptable to the Town; and
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
WHEREAS, vacation of the public street right-of-way over these two
parcels is necessary in order to convey this property to Turner-Harwood;
and
WHEREAS, a public hearing on this vacation by the Council is required:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The Clerk of the Council is directed to publish a notice of intention
to vacate the above described street right-of-way pursuant to Section
15. 1-364 of the 1950 Code of Virginia, as amended, in the Loudoun Times-Mir-
ror on October 22, 1987, and October 29, 1987, for public hearing on Novem-
ber 11, 1987, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street,
S.W. , Leesburg, Virginia.
87-210 - RESOLUTION - ACCEPTING A STORM DRAINAGE EASEMENT FROM SIVNAM
ENTERPRISES, DEVELOPERS OF POPEYE'S RESTAURANT
WHEREAS, the final development plan and construction drawings for
Popeye's Restaurant have been approved by the Planning Commission and De-
partment of Engineering and Public Works; and
WHEREAS, stormwater from this site must be conveyed to the existing
channel on the east side of the Bellewood Commons site in a public storm
drainage easement; and
WHEREAS, Sivnam Enterprises have obtained the required easement from
Turner-Harwood Ventures, owners of the Bellewood Commons site for convey-
ance to the Town of Leesburg; and
WHEREAS, satisfactory completion of the storm drainage improvements is
guaranteed through a public improvements contact and performance guarantee;
and
WHEREAS, the Deputy Town Attorney has reviewed and approved the ease-
ment documents:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Town of Leesburg accepts the storm drainage easement
from Turner-Harwood Venture as shown on the plat prepared by Patton, Har-
ris, Rust & Associates numbered 4848.
SECTION II. The Mayor is authorized to sign the easement agreement
approved by the Deputy Town Attorney.
87-211 - RESOLUTION - AUTHORIZING A CHANGE ORDER TO THE ROUTE 643
WATERLINE PROJECT FOR CONSTRUCTION ADMINISTRATION
AND INSPECTION
WHEREAS, Camp Dresser and McKee prepared construction drawings and
specifications for the 16 inch Route 643 waterline and is performing the
construction administration and inspection for the town; and
WHEREAS, Perry Engineering Company, Incorporated, has not completed
installation of the waterline; and
WHEREAS, under the terms of the construction contract, the project was
to have been completed on September 2, 1987; and
WHEREAS, the terms of the contract with Camp Dresser and McKee are
based on services which would have ended in September if the construction
was complete; and
WHEREAS, Camp Dresser and McKee has submitted a proposal to extend
contract administration and inspection services for an additional two
months, until November 1, 1987; and
Of
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
WHEREAS, the Director of Engineering and Public Works recommends approv-
al of a change order in the amount of $9,200.00 to CDM's current contract
with the town:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Manager is authorized to execute a change order on
behalf of the town with Camp Dresser & McKee for additional construction
administration and inspection services in an amount not to exceed $9,200.00.
SECTION II. An appropriation is made from the Utility fund to account
No. 3120. 700. 140.300 Route 643 Waterline Extension in the amount of
$9,200.00
87-212 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 26 TO
R. F. KLINE, INC. , FOR WORK COMPLETED AT THE
WASTEWATER TREATMENT PLANT
WHEREAS, the contract for improvements at the Wastewater Treatment
Plant was awarded to Richard F. Kline, Inc. ; and
WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985, by the
Council of the Town of Leesburg provides: "The Council at its option will
require prior approval of all requisitions for payment under this con-
tract"; and
WHEREAS, the contractor has submitted Payment Request No. 26 on Septem-
ber 25, 1987, and Camp, Dresser & McKee has reviewed and approved this
request; and
WHEREAS, the Director of Engineering and Public Works has recommended
payment of Payment Request No. 26 in the amount of $264,969.00:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Payment in the amount of $264,969.00 ($278,915.00 less 5% retainage)
shall be made to R. F. Kline, Inc. , for Payment Request No. 26 for the
Wastewater Treatment Plant Expansion Project.
87-213 - RESOLUTION - APPOINTING MAYOR ROBERT SEVILA AS THE COUNCIL
REPRESENTATIVE ON THE SELECTION COMMITTEE FOR THE
"DEVELOPMENT OF A DESIGN AND CONSTRUCTION STANDARDS •
MANUAL"
WHEREAS, A Request for Proposal has been issued to select an engineer-
ing firm to develop a design and construction standards manual; and
WHEREAS, a member of the Town Council is required to serve on the re-
view committee to recommend an engineering firm to the full Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Mayor Robert E. Sevila is appointed to serve as Council representative
on the review committee to recommend an engineering firm to develop a de-
sign and construction standards manual.
•
87-214 - RESOLUTION - AUTHORIZING AN OFF-SITE STORMWATER LETTER
AGREEMENT
WHEREAS, the town's 1987-1993 Capital Improvements Program shows
$21,000 for construction of a drainage channel from the end of First Street
to Tuscarora Creek; and
WHEREAS, Richard Gore and John Blunt desire a submit a prelimi-
nary/final site plan for a proposed addition to the former CSP building on
Catoctin Circle; and
r
ekk
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
WHEREAS, this project will require an off-site storm drainage channel
to convey the discharge from the site to Tuscarora Creek per Virginia Ero-
sion and Sediment Control laws; and
WHEREAS, the on-site and off-site storm drainage improvements to be
performed by Messrs. Gore and Blunt will complete the town's 1993 CIP
project in that area; and
WHEREAS, this project will accommodate upstream flow in excess of the
run-off generated by the work contemplated by Messrs. Gore and Blunt, there-
by serving a public purpose, in part:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized and directed to enter into a letter agree-
ment, on behalf of the town, with Richard Gore and John D. Blunt in a form
as transmitted to the Council on October 9, 1987, which will result in the
town assuming responsibility for acquiring the off-site easement and con-
tributing up to $5,000 for off-site construction costs.
87-215 - RESOLUTION - ACCEPTING EASEMENTS IN EXETER, SECTION I AND
MAKING AN APPROPRIATION
WHEREAS, the developer of Exeter Section I installed a storm drainage
pipe and inlets along the rear of lots 39 through 42 within the subdivision
without first obtaining necessary easements for these storm drainage facili-
ties; and
WHEREAS, the existing storm sewer easement for lot 10 within Exeter
Section I is inadequate due to an error in the easement plat prepared by
engineers associated with the project; and
WHEREAS, neither the developer, Homet, nor the homebuilder, Washington
Homes, has accepted responsibility for obtaining these necessary easements
to ensure that the subdivision's public storm drainage system can be effec-
tively operated and maintained; and
WHEREAS, the original letter of credit guaranteeing public improvements
in this subdivision is written by the now defunct Old Court Savings and
Loan; and
WHEREAS, the developer is willing to submit a substitute letter of
credit to guarantee the balance of the work as well as the one-year mainte-
nance period; and
WHEREAS, all five parties have agreed to accept consideration of $1,277
each; and
WHEREAS, this Council declares that it is necessary and in the public
interest to acquire these easements directly and to attempt to recover
these costs from the appropriate parties:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The easements shown on a plat prepared by Kamber Engineer-
ing, Inc. , dated May 1986 for lots 39, 40, 41 and 42 with Exeter, Section
I, are accepted. An additional easement of 2.5 feet adjacent to the exist-
ing easement along the side yard of lot 10, Section I is also accepted.
SECTION II. An appropriation is made to the General Fund, Account No.
4103-700-099, Exeter easements in the amount of $6,385 for the fiscal year
ending June 30, 1988.
SECTION III. The manager is directed to pursue all appropriate legal
means to recover these costs from the appropriate parties.
_ J. ,
1 Iq1
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
87-216 - RESOLUTION - APPROVING THE FINAL DEVELOPMENT PLAN FOR
TAVISTOCK FARMS PRN, SECTIONS 1-7, 9-14 AND 18-21
On a motion by Mr. Kelley and seconded by Mr. Clem, the following reso-
lution was proposed and unanimously adopted:
WHEREAS, the Town Council has authority to approve final development
plans for all or part of a planned development submitted under Section
7B-5(f) of the Leesburg Planned Development Regulations; and
WHEREAS, the preliminary development plan for the Tavistock Farms
Planned Residential Neighborhood was approved by Ordinance Number 87-0-20
on June 24, 1987; and
WHEREAS, the final development plan for Tavistock Farms, Section 1-14
and 18-21, which includes single-family homes and townhouses, was recommend-
ed to Council for approval by the Planning Commission on October 1, 1987;
and
WHEREAS, the applicant has withdrawn the application for the final
development plan for Section 8, the proposed day care center site, which
does not include sufficient detail to meet the requirements of the Planned
Development Regulations; and
WHEREAS, the final development plan meets the requirements of Sections
7B-11 and 7B-12 of the Planned Development Regulations and Section 13-61 of
the Subdivision and Land Development Regulations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The final development plan for Tavistock Farms, Sections 1-7, 9-14 and
18-21, as submitted on October 6, 1987, is conditionally approved subject
to the following contingencies, which have been agreed to by the applicant:
1. A pedestrian/bicycle trail that runs parallel to the south side
of Battlefield Parkway and across the Loudoun County school site,
Section 15 and Section 16, shall be provided. The applicant shall
adhere to the Town Plan standards for pedestrian/bicycle trails.
2. A pre-construction inspection of the site by a town
representative shall be allowed for the purpose of identifying
areas where tree clearing and grading will be prohibited.
3. Telephone/electric/cable (TEC) easements and associated
transformer boxes may be located in front yards for the purpose of
preserving trees and vegetation in rear and side yards. The Direc-
tor of Engineering and Planning Commission must approve the final
easement locations on the final plats for each section.
4. The recommendation for approving the Final Development Plan does
not imply approval of the construction drawings for Section 1 and
7, which were submitted and reviewed concurrently. Changes re-
quired in the construction drawings for Sections 1 and 7 or any
other section may require corresponding alterations in the final
plat.
5. Garage townhouse units in Section 2 shall have steps and stoops
excluded from the measurement of front yard setback lines up to a
maximum of 12 feet.
There was some discussion concerning the setbacks and there was also a
question . regarding Sections 15, 16, and 17 as to why they were left out of
this resolution. Mr. Poupard stated the multi-family and the commercial
1
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
areas would come in as a future plan and then would have to be approved by
the Council.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila 1
Nay: None
87-217 - RESOLUTION - AUTHORIZING THE DEDICATION OF THE TAVISTOCK FARMS
ELEMENTARY SCHOOL SITE DIRECTLY TO THE LOUDOUN
COUNTY SCHOOL BOARD
On a motion by Mr. Tolbert, seconded by Mr. Clem, the following resolu-
tion was unanimously adopted:
WHEREAS, Council Resolution No. 87-193 authorized the Mayor to convey
fee simple title to a 15.8-acre Tavistock Farms school site to the Loudoun
County School Board without charge; and •
V
WHEREAS, dedication of the site from Tavistock Farms General Partner-
ship directly to the Loudoun County School Board will satisfy the require-
ments of Proffer #/7 and help expedite the conveyance:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Tavistock Farms General Partnership is authorized to convey directly
fee simple title to the 15.8-acre school site, as shown on the approved
preliminary development plan dated February 3, 1987, as revised June 22,
1987, to the Loudoun County School Board without charge. Section I of
Resolution No. 87-193 is repealed.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
87-218 - RESOLUTION - APPROVING THE FINAL DEVELOPMENT PLAN FOR
TAVISTOCK ELEMENTARY SCHOOL
On motion by Mr. Kelley, seconded by Mr. Curry, the following resolu-
tion was unanimously adopted:
WHEREAS, the Town Council has authority to approve final development
plans for all or part of a planned development submitted under Section
7B(5)(f) of the Leesburg Planned Development Regulations; and
WHEREAS, the preliminary development plan for Tavistock Farms Planned
Residential Neighborhood was approved by Ordinance Number 87-0-20 on June
24, 1987; and
WHEREAS, the final development plan for Tavistock Elementary School was
recommended to Council for approval by the Planning Commission on October
1, 1987; and
WHEREAS, the final development plan meets the requirements of Sections
7B-11 and 7B-12 of the Planned Development Regulations and Section 13-61 of
the Subdivision and Land Development Regulations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The final development plan for Tavistock Elementary School, as submit-
ted on October 6, 1987, is conditionally approved subject to the following
contingencies, which have been agreed to by the applicant:
1. Re-orientation of the playfields adjacent to Battlefield Parkway;
2. Submission and approval of a landscape plan, in compliance with
town standards;
' Cl ?
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
3. Provision of a pedestrian trail adjacent to Battlefield Park
way that adheres to the Town Plan standards for pedestrian/bicycle
trails; and
4. Revisions being made in response to comments by the Director
of Engineering.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
87-219 - RESOLUTION - REJECTING BOTH BIDS RECEIVED BY THE TOWN OF
LEESBURG IN RESPONSE TO THE TOWN'S REQUEST FOR
PROPOSALS FOR THE LEASE OF 6. 74 ACRES OF LAND AND
THE CONSTRUCTION AND/OR THE RENOVATION OF EXISTING
AIRCRAFT HANGARS AT LEESBURG MUNICIPAL AIRPORT,
DATED NOVEMBER 5, 1986
On motion by Mr. Kelley, seconded by Mr. Williams, the following resolu-
tion was proposed and unanimously adopted by roll call:
WHEREAS, Council Resolution No. 86-247 authorized the issuance of Re-
quest for Proposal ("RFP") concerning the lease of a portion of the
Leesburg Municipal Airport, and/or the rehabilitation of existing aircraft
hangars and tie-downs; and
WHEREAS, pursuant to Section IV of the RFP the Town of Leesburg re-
served the right to reject any and all proposals submitted; and
WHEREAS, the RFP set out specific elements of a qualified proposal,
including, without limitation, the necessary evidence required with respect
to the availability of financing of any proposed improvements; and
WHEREAS, two proposals were received by the Town of Leesburg in re-
sponse to the RFP; and
WHEREAS, both submitted proposals are materially deficient in a number
of particulars, including, without limitation, the lack of adequate evi-
dence of financial capability as required by the RFP; and
WHEREAS, this Council has determined that the best interest of the town
would be served by rejecting both responses to the RFP:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The proposals received in response to the Request for Proposals dated
November 5, 1986, are hereby rejected.
Mr. Kelley said that it was an unfortunate occurrence that both bid-
ders did not meet the minimum requirements of the RFP. He said it certain-
ly was not reflective upon either of the participants. We hope when we do
come out with a new RFP they will make reapplication. He stated what we
are doing in this matter is in the best interest for the town.
Mayor Sevila said these were his sentiments also and the reason he
wanted to modify the language in this resolution was to soften it so that
both of these otherwise qualified applicants would appear before the town
without a cloud of misinterpretation pertaining to their actual financial
ability as opposed to the financial ability set forth in their applica-
tions. We are anxious to get this project underway and this will cause a
delay. He said what we are doing is in the best interest of the town and
the airport and must be done.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
00
8
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
87-220 - RESOLUTION - AUTHORIZING STUDY OF FUTURE CONNECTION OF
BRADFIELD DRIVE TO WOODLEA MANOR
On motion by Mr. Kelley, seconded by Mr. Tolbert, the following resolu-
tion was proposed:
WHEREAS, the Planning Commission has determined that the connection of
Bradfield Drive to Woodlea Manor promotes a safe and efficient transporta-
tion network and is essential to circulation within the Woodlea Manor Subdi-
vision, a shown on the approved preliminary plat; and
WHEREAS, the preliminary plat for Woodlea Manor establishes conditions
precedent to the physical connection and opening of the Bradfield Drive
extension, which are intended to reduce and minimize the flow of traffic
through Bradfield Drive in the Country Club Subdivision as a result of the
connection, and to ensure that construction traffic does not use existing
Bradfield Drive during construction of Woodlea Manor, consistent with Prof-
fer No. 2 for the Oliver Hoffman Tract rezoning as approved by the Loudoun
County Board of Supervisors; and
WHEREAS, a traffic study prepared by Gorove/Slade Associates, Inc. ,
predicts that an average of approximately 1330 vehicle trips per day will
traverse Bradfield Drive as a result of the extension of Bradfield Drive
and the ultimate build-out of Woodlea Manor Subdivision; and
WHEREAS, this Council seeks to ensure that future land use and transpor-
tation decisions do not invalidate the assumptions and results of this
traffic study; and
WHEREAS, this Council desires future information, following the opening
of the Bradfield Drive extension, to confirm that the extension results in
the functioning of Bradfield Drive as a local collector road, as defined in
the Town Plan:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Six months prior to opening Bradfield Drive, the manager is
directed to evaluate and prepare a report updating the May 27, 1987,
Gorove/Slade traffic study to incorporate then current traffic conditions
and distribute this report to the Council and Bradfield Drive residents.
SECTION II. During the two-month period following the opening of the
Bradfield Drive connection, traffic counts will be taken to compute the
average daily traffic on Bradfield Drive to determine if it functions as a
local collector road in accordance with the Town Plan.
SECTION III. A public hearing will be advertised and held by the Town
Council to disseminate the results of the traffic study update and current
traffic counts to interested citizens.
Mr. Williams said this was not favorably reported out of the Finance
and Administration Committee - it was brought before the Council on recom-
mendation of one or more Councilmembers. He also commented on the many
hours of work that had been given by the citizens of Country Club. He also
wanted to recognize the efforts of the Planning Commission for all the time
spent on this matter. He stated that he did not believe this resolution
was necessary but he did feel that it supported the Planning Commission and
the community of Bradfield Drive and he believed it would signify the impor-
tance the Council has in addressing community concerns.
Mr. Curry said he agreed with Mr. Williams. He said he felt the Plan-
ning Commission had done a good job on this legislation - they spent a lot
of time and listened to the concerns of citizens and they tried to meet all
their concerns, however, he did not feel this resolution was necessary. He
believed the decision should be made now, and it had been made by the Plan-
ning Commission that the street was needed and he said he stood by the
Planning Commission's decision, therefore, he made a proposal to postpone
this resolution indefinitely. Mayor Sevila ruled this proposal out of
order.
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040 /
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
Mr. Kelley said he asked last week when the Finance and Administra-
tion Committee did not desire to bring this item forward that it be brought
forward for the specific purpose of a vote. He said he felt this resolu-
tion was the culmination of a lot of work from people in the community, the
staff, members of this Council who have all taken part in some manner: He
said he did not think it was a perfect motion and he did not think everyone
was perfectly happy with it but it showed the good faith of this Council
for facing a problem that they were asked to face by a large number of
citizens.
Mr. Clem said he had talked to the people of Bradfield Drive and he
shared their concerns. He said he thought they all recognized the impor-
tance of opening Bradfield Drive in the future.
Mayor Sevila said Council had asked staff to work out a compromise
that would be acceptable to everyone and that is what they have done. He
said he did not see this as an encroachment by Council on the jurisdiction
or authority of the Planning Commission. He said the Councilmembers re-
spect the job and the hard work the Planning Commission has put into this.
He said the Council had considered the recommendation of the Planning Com-
mission - this was a case of government working in the best interest of the
people. We repeatedly see the effects of tremendous growth on our neighbor-
hoods throughout the town. Everyone knows it's coming and everyone realizes
that, except for good planning and hard work in trying to deal with this
growth, there is very little that can be done. He was proud of the compro-
mise that has been reached and is happy the Council is going to support the
resolution.
Mr. Curry repeated his earlier feelings on this resolution.
The resolution was adopted by a 6 to 1 vote as follows:
' Aye: Councilmembers Clem, Kelley, Leach, Tolbert, Williams and Mayor
Sevila
Nay: Councilmember Curry
The Council took a five minute recess after which they reconvened.
87-221 - RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION
TO INSTALL A TRAFFIC SIGNAL DEVICE AT THE
INTERSECTION OF ROUTE 7 AND CARDINAL PARK DRIVE
On motion of Mr. Kelley, seconded by Mr. Tolbert, the following resolu-
tion was proposed:
WHEREAS, since January 1, 1987, there have been seven traffic accidents
in the vicinity of the intersection of Cardinal Park Drive and Route 7: and
WHEREAS, this section of Route 7 is owned and maintained by the Virgin-
ia Department of Transportation (VDOT); and
WHEREAS, the maximum speed limit at this intersection has already been
reduced from 55 MPH to 45 MPH; and
WHEREAS, speed reduction is not a complete solution to the traffic
problems at this intersection; and
WHEREAS, this Council believes signalization may be an appropriate
solution to improving traffic safety at this intersection:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. This Council requests that VDOT conduct traffic counts and
all other analyses necessary to determine if signalization of this intersec-
tion meets appropriate warrants.
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
SECTION II. If the required traffic studies confirm that signalization
is appropriate, an expeditious design and installation of the traffic sig-
nal at the intersection of Route 7 and Cardinal Park Drive is requested.
SECTION III. The manager is directed to transmit copies of this resolu-
tion to Commissioner Ray D. Pethtel, District Engineer Charles B. Perry,
II, Resident Engineer Tom Butler, State Senator Charles L. Waddell and
Delegate Kenneth B. Rollins.
Mr. Clem advised that the Fire Department and Rescue Squad people will
support this resolution. Mr. Clem would like to see this area monitored
from about 5: 30 a.m. from there to the bridge; also, there are many dump
trucks without taillights. Mayor Sevila commented that there have been
seven accidents since January 12th. Mr. Minor said the speed limit was
changed only a couple of months ago and there has been a very serious acci-
dent since the sign was placed. VDOT will do a traffic study and make an
engineering decision. The focus is on the signal. This will obviously
create a delay. We have had a similar situation at Clubhouse Drive and
Route 15, where the town itself has moved the intersection and put up a
signal. We acted quickly and hope VDOT will do the same. Mayor Sevila
asked how the Town Plan affects this? Mr. Minor replied that, ultimately,
this intersection will be closed. Mr. Kelley requested that a copy of this
resolution be sent to Mt. Vernon Realty to let them know we have taken
action on this rather speedily. The resolution was unanimously adopted:
Aye: Councilmembers Clem, Curry, Kelley, Leach Tolbert, Williams and
Mayor Sevila.
Nay: None
87-222 - RESOLUTION - APPOINTING COUNCILMANIC MEMBER TO LEESBURG AIRPORT
COMMISSION
On motion of Mr. Williams, seconded by Mr. Leach, the following resolu-
tion was unanimously adopted as amended:
WHEREAS, a Councilmanic vacancy has existed on the Leesburg Airport
Commission since August 12, 1987; and
WHEREAS, Jerry S. Pelkey was the Councilmanic member of the Leesburg
Airport Commission; and
WHEREAS, James E. Clem has been appointed to fill the vacancy on the
Town Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
James E. Clem is appointed as the Councilmanic member of the Leesburg
Airport Commission for a period co-terminous with his term on the Council.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
87-223 - RESOLUTION - AUTHORIZING THE USE OF IDA LEE PARK, TEMPORARY
SIGNAGE AND STREET CLOSING FOR "THANK YOU
VETERANS WEEK
On motion of Mr. Clem, seconded by Mr. Leach, the following resolution
was proposed:
WHEREAS, this Council recognizes and appreciates the contributions and
sacrifices made by our veterans of the armed services; and
WHEREAS, Mayor Robert E. Sevila, Mayor of the Town of Leesburg in Vir-
ginia, has proclaimed November 5, 1987, through November 11, 1987, as
"Thank You Veterans Week"; and
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
WHEREAS, "Thank You Veterans Week" will bring together citizens and
veterans and their families under a common bond of appreciation; and
WHEREAS, Laura Walton, Director of the National Capital Retreat Center
of Vietnam Veterans, has requested the use of Ida Lee Park for an encamp-
ment for Vietnam Veterans marching to the Veterans Day celebration in Wash-
ington, D.C. , on November 11, 1987; and
WHEREAS, the Veterans Day ceremony will be held on the Court House lawn
from noon to 1:00 p.m. on November 11, 1987; and
WHEREAS, "Thank You Veterans Week" will help educate the public to the
heritage of this country and will generate public attention, recognition
and appreciation for our veterans:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The National Capital Retreat Center for Vietnam Veterans is
authorized to use Ida Lee Park for the nights of November 5, 8, 9 and 10,
1987, for an encampment for Vietnam Veterans marching on Washington, D.C. ,
subject to conditions and requirements imposed by the Manager and Chief of
Police.
SECTION II. The council authorizes the closing of King Street between
Market Street and Cornwall Street between 11: 30 a.m. and 1: 30 p.m. on Novem-
ber 11, 1987, for the purpose of a ceremony on the Court House lawn honor-
ing Vietnam Veterans.
SECTION III. The Council authorizes temporary signs installed near the
four entrances to Leesburg, to be fabricated and installed by the Town to
welcome veterans to Leesburg.
SECTION IV. This sponsoring agency shall name the Town as additional
insured under a $1 million public liability insurance policy to be secured
by the sponsoring agency.
Mr. Minor will remind David Frye regarding the closing of streets,
etc. The resolution was unanimously adopted:
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
87-224 - RESOLUTION - ACCEPTING AN OFF-SITE CONTRIBUTION TO THE DESIGN
AND CONSTRUCTION OF THE DRAINAGE CHANNEL IMPROVE-
MENTS FROM THE PROPOSED TURNER-HARWOOD VENTURE AT
BELLEWOOD COMMONS DEVELOPMENT TO THE TUSCARORA
CREEK
On motion duly made and seconded, the following resolution was
proposed and unanimously adopted:
WHEREAS, the development of the Bellewood Commons retail center on
East Market Street will require an off-site drainage improvement to provide
an adequate channel to Tuscarora Creek to meet town standards of the addi-
tional .stormwater generated by this development must be detained on site;
and
WHEREAS, the Turner-Harwood Venture at Bellewood Commons (Turner-
Harwood) developers of the Bellewood Commons retail center, have of-
fered to contribute $350,000 toward development of the off-site channel
which will also accommodate stormwater runoff from the large drainage up-
stream basin; and
WHEREAS, this project was identified in the town's 1975 storm drainage
master plan; and
WHEREAS, on-site detention will not prevent downstream flooding and
erosion absent significant off-site work; and
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
WHEREAS, the amount of this contribution will fund the majority of the
total costs for the project and far exceeds any pro rata share attributable
to the Bellewood Commons project:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized and directed to accept the
$350,000 and deposit it in an appropriate town account for purposes of
establishing a future capital project account within the town's storm drain-
age capital projects fund.
SECTION II. This contribution shall be in lieu of on-site detention
facilities or construction of the adequate channel referred to herein and
shall be due and payable to the town at the time public facilities fees are
paid in connection with the application for a zoning permit. If Turner-
Harwood does not construct Bellewood Commons, said contribution shall be
returned in its entirety to Turner-Harwood and the zoning permit will be
revoked. Acceptance of the contribution is also contingent on Turner-
Harwood providing the town with all drawings and design data prepared
to-date for the off-site channel and conveying to the town without charge
any easements acquired by the date of this resolution.
SECTION III. Appropriate off-site work to construct proper transition
improvements between the new outfall and the existing channel on school
board property, said easements to be acquired by the town, will be re-
quired to reduce any interim drainage problems.
SECTION IV. The contribution authorized for acceptance herein also
represents future consideration for any fee simple conveyance of a part of
the East Market Street right-of-way now under construction for vacation to
Turner-Harwood, subject to a storm drainage easement.
Mr. Williams asked if this effectively resolves the School Board's
dilemma? Mr. Minor explained that it does not really resolve that - all
they are required to do is provide facilities to take care of their own
storm water. Originally, the applicants had thought about doing all the
work themselves on the School Board property, however, when they looked at
the cost, as well as the Park Authority cost, they saw it was not cost-ef-
fective to do that. This does not include an easement on Market Street so
it is felt this is an excellent opportunity for the town to get a major
share from other property for a major storm drainage improvement - other-
wise, they don't see anything we will absolutely have to pay out. This is
a good opportunity for the town and a benefit to all parties. The School
Board will require an agreement with the town to acquire this easement in
the future - it will be roughly a one-half million dollar figure. They are
going to borrow this $350,000 and will turn this money over to the town.
If they don't get a building permit from the County, then they are sunk.
If they don't or can't build it, we will give them back their $350,000.
The site plan will say there is a requirement that this $350,000 will be
paid also. Mayor Sevila commented that this is about a $600,000 figure.
He asked if there is $250,000 worth of public benefit in this project, as
opposed to a private one? Mr. Minor replied that this project has been
identified on the storm water master plan for a number of years and we
believe this is a benefit. Giant did on-site demands instead of contribut-
ing to this. This is an improvement. The contribution of Bellewood Com-
mons to the overall storm water in that drainage basin is very, very small
and at a rate close to the amount of money that is projected to contribute
to this project. Ultimately it will go into the new Sycolin Road. There
was further explanation by Tom Poupard, Mr. Minor and Mr. Mason, with Mr.
Minor saying that when the design is begun on this project, they will be
using more accurate flows, which will result in less runoff, so the design
could be a much lower cost. The resolution was unanimously adopted:
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
ao�
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
87-225 - RESOLUTION - AUTHORIZING A SETTLEMENT AND RELEASE IN THE CASE
OF TOWN OF LEESBURG v. WILLIAM S. ALBERTS, ET
ALS LLAW NO. 8883, CIRCUIT COURT OF LOUDOUN
COUNTY, VIRGINIA
On motion of Mr. Kelley, seconded by Mr. Tolbert, the following resolu-
tion was proposed:
WHEREAS, there is currently pending in the Circuit Court of Loudoun
County a condemnation action entitled Town of Leesburg v. William S. Al-
berts, et als, at Law No. 8883, the purpose of which is to condemn land
owned by William S. Alberts, et als to provide, in part, drainage easements
necessary for the Leesburg Gateway Subdivision to satisfy Virginia erosion
and sediment control regulations; and
WHEREAS, the developers of Leesburg Gateway now desire to purchase said
easements and to grant said easements to the town; and
WHEREAS, the town, the developer and the current owners of the land
subject to the condemnation action, desire to resolve their respective
rights, claims and interests in the litigation; and
WHEREAS, the consideration now required to purchase these easements
exceeds those costs first contemplated by the developer and town as fair
market value; and
WHEREAS, the town is willing to no longer seek reimbursement from the
developer for its legal fees in connection with the condemnation action; and
WHEREAS, the easements hereby received as a result of this mutual re-
lease will serve, in part, a public purpose:
111
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The mayor is authorized and directed to execute the re-
lease, as transmitted to the Council on October 9, 1987, on behalf of the
town.
SECTION II. The manager is directed to void all invoices to the devel-
oper for legal services rendered by the town attorney and deputy town attor-
ney in connection with this condemnation action.
Deputy Town Attorney Deborah Welsh explained that a proposed release
has been prepared by the attorney for the owners and it has been circulated
among those concerned. The developers have no problem with this release.
It will relieve the town from any liability as a result of construction and
development on the Alberts property and would depress the suit. Under this
resolution, the town would be paying the attorney and deputy attorney
fees. The resolution was unanimously adopted:
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
87-226 - RESOLUTION - AUTHORIZING A PUBLIC HEARING REGARDING SALE OF
LAND FOR THE LOCATION OF THE TOLLHOUSE
On motion duly made and seconded, the following resolution was pro-
posed:
WHEREAS, Ordinance No. 87-0-13 approved the sale of a parcel of land to
Fort Beauregard Associates, Inc. , located east of the South Street parking
lot along the Town Branch channel; and
WHEREAS, Fort Beauregard Associates, Inc. , originally intended to lo-
cate the former Market Street Tollhouse on this property, together with
accessory structures; and
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 14, 1987
WHEREAS, Fort Beauregard Associates Inc. , now no longer desires to
locate this building on this property; and
WHEREAS, another site north of Market Station over an improved portion
of the Town Branch channel has been identified as an alternative location
for this historic structure; and
WHEREAS, this Council desires to continue its efforts to find a suit-
able location for the former Tollhouse, which will minimize development
costs:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A notice of public hearing on the proposed sale of a parcel of town-
owned property to Fort Beauregard Associates, Inc. , and/or other interested
parties, containing approximately 2300 square feet shall be published in
the Loudoun Times-Mirror on October 22, pursuant to Section 15. 1-18 of the
1950 Code of Virginia as amended, for a public hearing to be held on Novem-
ber 11, 1987, at 7:30 P.M. , in the Council Chambers, 10 Loudoun St. , S.W. ,
Leesburg, Virginia.
The resolution was unanimously adopted:
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
On motion of Mr. Kelley, seconded by Mr. Tolbert, the meeting was unani-
mously adjourned.
Mayor
Clerk pf Council
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