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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 1 LIOP 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 /S(2/ 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 I P9 . 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 ` q0 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 / 9/ 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: 10 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: In 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. r 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 Ptk 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 1