HomeMy Public PortalAbout1989_08_08 341'-
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MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
August 8, 1989
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on August 8, 1989 at 7:30 p.m. The meeting was called to
order by the Mayor with the invocation given by Councilmember .Tolbert and the Salute to the Flag
led by Councilmeinber Kimball. Present were: Mayor Robert E. Sevila, Councilmembers James E.
' Clem, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin, William P. Mulokey and John W.
Tolbert,Jr. Also present were;Planning Commissioner Carl Johnson, Town
Manager Jeffrey H. Minor,
Assistant Town Manager Steve Brown, Director of Planning, Zoning and Development Katherine Imhoff,
Director of Engineering and Public Works Thomas A. Mason, Director of Finance Paul York, Director
of Utilities Randolph W. Shoemaker, Director of Parks and Recreation Gary Huff, and Public
Information Officer Susan Farmer.
On motion of Mr. Tolbert, seconded by Mr. Mulokey, the minutes of the regular meeting of
April 13, 1988 and July 25, 1989 were unanimously approved.
Petitioners
Jack Anderson, of the Ward Corporation, thanked the Council for their team effort in keeping
LC: Loudoun County in Leesburg. Mayor Sevila also thanked Mr. Anderson and the Ward Corporation for
`t the flexibility and willingness to enter into meaningful negotiations during
N August 1, that made the Council's efforts successful the week of July 24 and
01.
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,}C,. PUBLIC HEARING - BOND ISSUE
Mr. Minor explained that this was a public hearing on the proposed authorization to sell $9
million in general obligation bonds. $4.5 million this calendar year and $4.5 million the next calendar
year.
Mr. York presented a staff report to Council explaining that the issuance of the general
-obligation bonds would be used to finance capital improvements, most of.which the town has already
I
begun construction work on. These improvements will include the completion of the municipal office
building, the parking facility, Ida Lee Park recreation center, Phase VI storm drainage project, the
Loudoun Street storm drainage project, and various airport improvements. As Council recognizes, all
of these projects have been discussed, in detail, through the town's CEP deliberations. These bonds will
be sold in two separate issues, the first being on September 12, 1989 and the second issue next spring
or early summer, which will be sold primarily to help finance the parking facility. This summarizes
the purpose and intent for the issuance of these bonds.
Mayor Sevila understands that it is staffs recommendation that Council act on the legislation
tonight. He asked Mr. York to summarize the proposed ordinance. Mr. York stated that the purpose
of the public hearing is to meet statutory requirements of the Virginia Code. The ordinance itself is
essentially Council's authorization to issue the bonds. The ordinance will allow the town to issue up
to$9 million of bonds and also specifies what the first series of bonds will be used for. Earmarked for
the municipal government center is$2 million, $800,000.00 for the Ida Lee Park Recreation Center,$1.4
million for storm drainage improvements and $300,000.00 for airport improvements.
John Niccolls, a resident of 212 Brownsmeadow Court, addressed the Council stating that the
proposed additional multi-million dollar bond issue is the most recent, grandest example of three very
disturbing trends, which have over taken Leesburg's.local government. These trends have negative
labels; wasteful, imprudent and misdirected. The Council's wasteful practices can be seen in the visibly
oversized field crews and excessively large police department. -Other examples are the two-color
embossed personalized stationary provided town departments and members of Council and the public
official meals budget, that is totally out of coitroL Council has also wasted private funds, from those
caught in the town's development review process, over the years. The imprudence of the governing
body is evidenced by the fact that no updated financial feasibility study was requested bye the Council
- ' or produced by the a hfT h.fe.e
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pal king gaiagc,
despite the over-fifty percent increase in the project cost. The project was advertised as a $7 million
capital improvement. The construction costs alone are now over $10.4 million. There is no report to
the Council on the impact and the future of this bond issue and no members of Council asked the
finance director, for one. The governments priorities are misdirected. Leesburg has many needs and
some maybe most are more important than a fancy council chamber and a money losing parking garage.
The results of these trends is, spend, spend, tax, tax policy. The town's debt limit is not what the
town can borrow, but instead it is what can be repaid without increasing taxes excessively or denying
funds to other worth while projects. This bond issue does both.
Mr. Niccoils suggested that construction on the new municipal government building be stopped,
the contractor paid off, a new architect hired to redesign an economic facility, which will not cost more
Minutes of August 8, 1989
than the $7 million. Anything less than a complete reassessment of the project, at this point, and its
finnnrial implications in the'long run to Leesburg residents, is wasteful, imprudent and misdirected.
Mr. Mulokey asked Mr. Niccolls if he has calculated the cost of stopping the work on the
existing contract and how much it would cost to pay off the contractor. Mr. Niccolls stated that this
was the Council's task, and wondered if the Council has calculated the cost of the bond issue to the
citizens. Mayor Sevila stated that the Council has done this, has held public hearings and all of the
matters that are subject to this bond issue have been a part of the town's CIF' for 2-3 years.
The public hearing on the bond issue was closed and moved to Council level
Mr. Minor said that the fiscal impact of the long term of the proposed bond issue was detailed
both narratively and graphically in the adopted budget. Stafflooked at the town's debt limit, per capita
depth and looked at a number of indexes that indicate that the overall impact per capita on the town,
will be slightly less than it was over a decade ago. In addition, this is also important to the rating
agencies and potential investors. They want to get an idea about the long term capacity of the Town
of Leesburg to retire this debt.
Mr. Mulokey stated that he did not ask Mr. Minor or staff for additional information about the
bond issue, because all of the reports had been previously distributed.
Mr. Lovin moved to defer action on this item until Council arrives at the legislation point of
the agenda The motion was seconded by Mr. Clem.
Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay. None
PUBLIC HEARING - REZONING APPLICATION #ZM-107 BY RICHARD E. WARD
Katherine Imhoff stated that this item has been before the Council at committee leveL It is
a request to amend a previously approved proffer, that was approved by Council in December 1985.
Proffer number 13 had one condition, which limited the use of a portion of the area covered by the
proffer, known as property B2, to the use of the property for prefabricated and modular housing and
components manufacturing. At this time, there is only one building on this site, but there is a
potential for more buildings to be.built. Currently the Ward Corporation is not using this for
manufacturing. The applicant is requesting to expand the use to a more general use of some
manufacturing, office and warehousing. Planning Commission and staffs concerns are to have uses that
are compatible, both with the uses across the street, the airport and to some of the residential uses
which are nearby. The Planning Commission, in June recommended denial of the application due to
the broad request of uses by the applicant. Staffs suggestion to the applicant is to recognize the
existing building, allow some limited manufacturing use of the existing building as well as warehousing
and office use and perhaps some outdoor storage by special exception. Limit any future construction
to warehousing and office use with outdoor storage by special exception.
•
John Anderson, representing Mr. Ward owner of the Ward Corporation addressed the Counril
stating that Ms. Imhoff gave a complete summary as to the events of this application. He summarized
how the Ward Corporation arrived at the list of proposed uses. One is the current use of the property,
the second is from discussions of various parties interested in utilizing the property and the third item
is the proposed zoning ordinance, the Il zone, in particular. The property is currently zoned PDGI and
from the manufacturing aspects of this, the Ward Corporation took the PDGI manufacturing uses that
were common to the Il uses, and arrived at these requested uses. Limiting of this property to one use
was an oversight.
Mr. Mulokey is concerned that the Ward Corporation, by screening the uses from the Route
643 right-of-way, also screens these uses from the nearby neighbors in addition to the public rightof-
way. There have been cases in town wherebusinessmen have been quite inconsiderate of the impact
of the uses on their neighbors. The town has had to spend a significant amount of money attempting
to Trot thacp hnaino,q 0 fn arlba.o ♦" a1.._. rs....:.... �_ --...nC;..
The public hearing was closed. Mayor Sevila said the Council will receive public comment in
writing for a period of ten days. On motion of Mr. Clem, seconded by Mr. Tolbert, this matter was
referred to the Planning and Zoning Committee meeting of September 6, 1989 for further discussion.
Councilmember Comments
Mr. Mulokey thanked Mayor Sevila for his efforts on behalf of the Town of Leesburg in finding
out about the potential loss of employment, when the county was proposing to move out of town. He
also thanked Mayor Sevila for his personal efforts in taking time off from his business day to attend
the Board of Supervisor's meeting, to make sure that the interest of the town and business community
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Minutes of August 8, 1989
were well represented.
Mr. Lovin also thanked Mayor Sevila for his efforts at the county meeting. He was able to
attend this meeting and also wished to thank the Pro Leesburg Group, Loudoun 20/20, DBA and many
of Leesburg's ad hoc committee members that provided input to the town's testimony. He thanked -
Chuck Jones for his graphic display of Steeple Chase, at the county's meeting, and he appreciates all
of the hard work by all of the concerned citizens.
I. He commended town staffon the Citizens Guide to Leesburg Municipal Services, stating that
it is a very worthwhile publication.
He congratulated Mr. Fred Z. Hetzel on his appointment by Governor Baffles to the State
Commission Vo-Technical Education.
He offered congratulations to the Greater Loudoun Babe Ruth League, that won the State
Championship in Virginia.
Mr. Clem thanked the citizens of Leesburg and Loudoun County for their support in keeping
Loudoun County in Leesburg. There was a lot of effort that was put forth to make this happen and
it is greatly appreciated.
11=' He also echoed Mr. Lovin's comments regarding the Citizens Guide to Leesburg Municipal
of Services.
N
`" On behalf of the fire com
.. pony, Mr. Clem wished to thank the town, county, citizens and the
0 developer, for letting the fire company burn down a house located on Old Waterford Road, for training
purposes. Hopefully, what the new fire company members learned, will aid in saving the lives of people
in the Leesburg, Loudoun County area. There is a new fire rescue burn center located near the airport,
the only outstanding issue is addressing water runoff after test fires. He hopes that Mr. Shoemaker
and Loudoun County can work together to resolve this issue. Mr. Minor stated that this concern has
now been resolved.
Mr. Kimball echoed his fellow councilmembers with regard to the efforts to maintain the county
' government in.imboteall Leesburg andcommended to the CitiBoardofzensSuperyGuide
isor to Leesburg Municipalforthe Services.
Mr. KAnn Cavanaugh courage she displayed in
changing her vat the county meeting.
Mrs. Forester also echoed her fellow councilmembers with regard to keeping the county
government in town and for the Citizens Guide to Leesburg Municipal Services. The guide is an
excellent tool for new citizens and is very informative for old citizens too.
She Asks everyone to continue to support Leesburg's Farmers' Market.
Mr. Tolbert thanked Mr. Minor for the guide. It is a compliment to the town.
Mayor's Report
Mayor Sevila thanked the councilmembers for their compliments concerning the county meeting.
He has received a lot of correspondence from citizens, and elected officials from other parts of the
county, who also express their gratitude. He personally thanked all citizens and the media who
participated in the meeting, all members of the Council and particularly recognized Mr. Clem's efforts
in getting the word out to citizens of Loudoun County.
Mayor Sevila wished to thank WAGE Radio for their coverage of the county meeting. WAGE
provided an on-the-air call in program, as well as making many spots available on a short notick-to
see that the hearing on August 1 was properly heard.
I ... .Part of the Board of Supervisor's r<+naiden± r
ion in_ !- ^ te thcir c1O-cz is Lc;ti. d._..
..
,
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adopting a resolution that ruled downtown Leesburg out, as a future site for their permanent location.
He thanked all of the board members who voted to stay in Leesburg.
Mayor Sevila stated that all citizens must now turn their attention to the board's ultimate
decision to select a permanent site, in November. We have to continue to press Leesburg as the
County seat. He noted that Bernard Carlton has collected over 600 signatures.
The task force for the zoning ordinance met last night, progress is being made. The text is
being reviewed line for line, with several motions being adopted by the committee.
Mayor Sevila received a letter from Keith Roggio, Chair of the Library Board of Trustees, who
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Minutes of August 8, 1989
has asked the Town Council to submit names to the Library Board. The Mayor has forms to be filled
out by interested persons.
Mayor Sevila received a letter from Emily Edwards, a new resident to Leesburg, who has a
complaint regarding groundwater. She has asked that she be invited to a Council meeting to speak as
a petitioner. The Mayor asked Mr. Minor to invite Ms. Edwards.
Former Chief Justice Warren Burger has invited Leesburg to participate in Constitution Week,
September 17-23, by adopting a resolution and encouraging the participation of the town's citizens. It
was suggested by the former chief justice that this become an annual event of the Town of Leesburg.
Manager's Report
Mr. Minor thanked the Council for mentioning the citizens guide. He noted that Steve Brown,
Susan Farmer and Kat Imhoff were very instrumental in putting this guide together. He explained
' that the pages in the publication were cut too short, due to a printer error. •
He noted that the Council did receive a written copy of the Activity Report on Monday. The
Lamplighter has been sent to the printer and should be in the mail-next week.
Based on the contractor's schedule for the municipal government center, we should see the
erection of steel, in late September.
Legislation
On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following ordinance was proposed and
unanimously adopted.
89-0-21 - ORDINANCE - AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN OF -
LEESBURG, VIRGINIA, $9,000,000 GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS
WHEREAS, the Town Council ("Council") of the Town of Leesburg, Virginia ("Town") has
determined that it is necessary to acquire, construct, equip and improve various public improvements
including, the municipal government center, parks and recreation projects, storm drainage
improvements, airport improvements and certain parking facilities ("Projects"), and it is necessary and
expedient to borrow $9,000,000 and to issue general obligation bonds of the Town ("Bonds") to provide
funds to pay the costs of such facilities; and
WHEREAS, the Council has held a public hearing on the issuance of the Bonds in accordance
with the requirements of Section 15.1-171.1 of the 1950 Code of Virginia, as amended;
THEREFORE, ORDAINED BY THE COUNCIL OF THE TOWN OF LEESBURG IN VIRGINIA
AS FOLLOWS:
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$9,000,000.
The issuance and sale of the Bonds is hereby authorized. The proceeds froth the issuance and sale of
the Bonds shall be used to pay the costs of the Projects. The Bonds may beissued in one or more
series from time to time.
2. 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 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 Bonds as the same shall become due for payment unless other funds are lawfully available and
appropriated for the timely payment thereof.
3. Authorization of Series 1989 Bonds. The Council hereby determines that it is advisable
to issue and sell $4,500,000 of the Bonds to be designated General Obligation Public Improvement
Bonds, Series 1989 ("Series 1989 Bonds") on the terms and conditions set forth in this Ordinance. The
Series 1989 Bonds shall be issued 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):
Municipal Government Center $2,000,000
Parks and Recreation Projects 800,000
Storm Drainage Improvements 1,400,000
Airport Improvements 300.000
$4,500,000
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Minutes of August 8, 1989
4. Details of Bonds. The Series 1989 Bonds shall be issued in fully 'registered form, shall
be dated October 1, 1989, shall bear interest at a rate or rates established pursuant to this paragraph,
payable semi-annually on February 1 and August 1, beginning February 1, 1990, shall be in the
denominations of$5,000 each or whole multiples thereof and shall be numbered from R-1 upwards
consecutively. The Series 1989 Bonds shall mature serially on February 1 in the years and amounts
as may be established by the Town Manager and approved by subsequent resolution of the Town
Council. The Town Manger shall accept the bid for the purchase of the Series 1989 Bonds which
results in the lowest true interest cost to the Town and the Series 1989 Bonds shall bear interest at
such rate or rates established by the Town Manager, provided that the true interest cost of the Series
1989 Bonds shall not exceed 9%.
Further, provisions regarding the form and terms of the Bonds, including the Series 1989
Bonds, may be set forth by subsequent resolution of the Town Council.
5. Book-Entry-Only Form. The Series 4989 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 1989 Bonds, and immobilized in the custody of
DTC. One fully registered Series 1989 Bond in typewritten or printed form for the principal amount
of each maturity shall be registered to Cede & Co. Beneficial owners of the Series 1989 Bonds shall
not receive physical delivery of the Series 1989 Bonds. Principal, premium, if any, and interest
to payments on the Series 1989 Bonds shall be made to DTC or its nominee asregistered owner of the
TS- Series 1989 Bonds on the applicable payment date.
C9
Transfer of ownership interest in the Series 1989 Bonds chill be made by DTC and its
<C participants ("Participants"), acting as nominees of the beneficial owners of the Series 1989 Bonds, in
accordance with the rules specified by DTC and its Participants. The Town shall notify DTC of any
notice required to be given pursuant to this Ordinance or the Series 1989 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 agreements set forth in the Town's letter of representations to DTC, which letter
of representations is approved in substantially the form submitted at this meeting of the Town CounciL
Replacement Series 1989 Bonds (the "Replacement Bonds") shall be issued directly to beneficial
' owners of the Series 1989 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
1989 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 1989 Bonds not to continue the book-entry system of transfer.
Upon occurrence of the event described in (i) or (ii) above, the Town chill 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 the Series 1989 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 Replacement 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 1989 Bonds and such Replacc`ent Bonds will be transferable in
accordance with the provisions of paragraphs 11 and 12 of this h dinnnce end the Series 1989 Bonds.
6. Form of Series 1989 Bonds. The Se:_e; 198;a.md3 shah 5n i:, subrt uticdfy the form
attached to this Ordinance, with such appropriate variations, omissions and insertions as may be
1 .Ipermitted or required by this,Ordinannn or _L.,_..1.., -�: V .;-.. .. r.-:. -UV
endorsed on the Series 1989 Bonds such legend or test as may be necessary or appropriate to conform
to any applicable rules and regulations of any governmental authority or any usage or requirement of
law with respect thereto.
7. Redemption of Series 1989 Bonds. . The Series 1989 Bonds 'maturing on or before
February 1, 1999, are not subject to redemption before maturity. Series 1989 Bonds maturing on or
after February 1, 2000, are subject to optional redemption before maturity at the direction oftthe Town,
in whole at any time or in part (in installments of$5,000) on any interest payment date at any time
on or after February 1, 1999, in such'order as may be determined by the Director of Finance to be in
the past interest of the Town (except that if at any time less than all of the Series 1989 Bonds of any
maturity or portions thereof to be redeemed shall be selected by lot) upon payment of the following
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946 ,
Minutes of August 8, 1989
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
February 1, 1999 through January 31, 2000; 102 %
February 1, 2000 through January 31, 2001; 101-1/2
February 1, 2001 through January 31, 2002; 101
February 1, 2002 through January 31, 2003; and 100-1/2
February 1, 2003 and thereafter 100
8. Execution of Series 1989 Bonds. The Mayor of the Town and the Clerk of the Council
are hereby authorized and directed to execute appropriate negotiable Series 1989 Bonds in the aggregate
principal amount of$4,500,000, and the affix the seal of the Town thereto. The manner of execution
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 1989 Bonds shall not be valid until signed at the foot thereof
by the manual signature of the Bond Registrar.
9. CUSIP Numbers. The Bonds shall have CUSIP identification numbers printed thereon.
No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted
and no liability 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 Paving Agent. The Town will serve as-Bond
Registrar for the Series 1989 Bonds. The Town Council may appoint a subsequent bond registrar. ,
and/or one or more paying agents for the Series 1989Bondsby subsequent resolution and upon giving
written notice to the holders of the Series 1989 Bonds specifying the name and location of the principal
office of any such registrar or paying agent.
11. Registration, Transfer and Exchange. Upon surrender for transfer or exchange of any
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 transferees a new Bond or
Bonds of any authorized denomination in an aggregate principal amount equal to the Bond surrendered
and of the same form and maturity and bearing interest at the same rate as the Bond surrendered,
subject in each case to such reasonable regulations as the Town and the Bond Registrar may prescribe.
All Bonds presented for transfer or exchange shall be accompanied by a written instrument or
instruments of transfer or authorization for exchange, in form and substance reasonable satisfactory to
the Town and the Bond Registrar, duly executed by the registered owner or by his'I or her duly
authorized attorney-in-fact or legal representative. No Bond may be registered to bearer.
New Bonds delivered upon any transfer or exchange shall be valid obligations of the Town,
evidencing the same debt as the Bonds surrendered, shall be secured by this Ordinance and entitled
to all of the security and benefits hereof to the same extent as the Bonds surrendered.
12. Charges for Exchange or Transfer. No charge shall be made for any exchange or
transfer of Bonds, but the Town may require payment by the holder of any 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 Bond.
' 13. Temporary Bonds. The Town may initially issue the Bonds in temporary, registered
form. If Bonds are issued in temporary, registered form, the Town shall promptlyprepare, execute and
deliver to the registered owners Bonds in definitive form of the same maturity and interest rate and
for the same aggregate principal amount as the temporary Bonds. Appropriate variations, omissions
and insertions may be made in the 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 inveat."nant of Oho i' e,de .,r aw B a_ ,a c �._:_: cc ;Lay 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 the issuance
and sale of the Bonds will be invested and expended as set forth in the Town's Non-Arbitrage
Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the
Bonds and that the Town shall comply with the other covenants and representations contained therein.
The Town designates the Bonds as "qualified tax-exempt obligations" eligible for the exception
from the disallowance of the deduction of interest by financial institutions allocable to the cost of
carrying 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
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Minutes of August 8, 1989
obligations during calendar year 1989 and the Town will not designate more than $10,000,000 of
qualified 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 appropriate official statement, notice ofsale or such other
disclosure documents as may be necessary to expedite the sale of the Bonds. The official statement,
notice of sale or other disclosure documents shall be published in such publications land distributed
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 Bonds in substantially the form of the
Preliminary Official Statement submitted at this meeting with 'such changes as such officers may
consider necessary or desireable and such official statement is hereby approved.
16. Further Actions. The officers and agents of the Town are authorized 'elnd directed to
take such further action as they deem necessary regarding the issuance and sale of the Bonds and all
actions taken by such officers and agents in connection with the issuance and sale of the 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 Sections 15.1-199 and 15.1-212 of the Code of Virginia of 1950, as amended, and
kr within ten days thereafter to publish once in a newspaper of general circulation in thef Town a notice
setting forth (1) in brief and general terms the purpose for which the Bonds are to bel issued and (2)
N 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 August 8, 1988.
Mr. Minor stated that this ordinance authorizes the sale of $9 million in genelral obligation
bonds. The first series includes $2 million for the new municipal government center, $800,000.00 for
the Ida Lee Park Recreation Center, $1.4 million for storm drainage improvements and $300,000.00 for
airport improvements, these total$4.5 million. The next sale will also be for $4.5 million,and will take
place sometime in the spring or early summer. All of these above projects are currently under
construction.
Mayor Sevila stated that Council's deliberation and consideration of the issues in this bond issue
have been deliberative and considerate and that the action, rather than imprudent, as characterized by
a speaker at the public hearing, is in fact, prudent and timely. The advice given to cease work on the
project would epitomize the lack of prudence for a governing body.
Mr. Lovin stated that Mr. Niccolls assumed that the new parking facility would lose money.
Mr. Lovin believed that the reason the town was building this parking farility, was due to the lack of
parking space in the downtown area. The town office and parking facility are needed. Mayor Sevila
concluded that the town is making significant investments in the town, in particular, the historic
downtown. These expenditures are investments in the community, that have to be made.
Mr. Mulokey noted something thathis grandfather use to say; "A cynic is one who knows the
cost of everything and the value of nothing". He believes the value of this bond issue is what the
Council can do for the Town of Leesburg. It is what can be done for the business establishments in
the town, in the historic district, making it a viable economic community and without, this kind of
investment that cannot happen. This is what makes Leesburg different from the pie-fab towns that
are being built all over northern Virginia. This investment is well'worth it.
Mr_Clem e.zplained tixe±he does not want to go to the bond inari;;et, bu. ;; lievea ,at the town
has made a coinniitmeat to making the town a nice community and does not see any other way to do
this He sunnertq the burr leSee
Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Tolbert, seconded by Mrs. Forester,the following resolution was proposed and
unanimously adopted.
89-162 - RESOLUTION - AUTHORIZING A CONTRACT WITH CH2M HILL ENGINEERS FOR
DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR EXPANSION OF
THE LEESBURG WATER POLLUTION CONTROL FACILITY TO A CAPACITY OF
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Minutes of August 8, 1989 -
6.0 MGD •
WHEREAS, the Leesburg Town Council, by resolution #89-66 accepted a "Special Consent
Order"from the Virginia Water Control Board for expansion and upgrade of the town's Water Pollution
Control Facility to a capacity of 6.0 MGD under less stringent limits than those contained in the Dulles
Area Watershed Policy; and
WHEREAS, this project was included in the town's 1989-94 Capital Improvements Program,
as adopted by Council on March 28, 1989; and
WHEREAS, the Town of Leesburg duly advertised and received proposals on June 27, 1989
from 12 consulting engineering firms to provide design and construction management services pursuant
to State and local procurement laws; and
WHEREAS, the selection committee interviewed the five highest ranked firms in accordance
with Section 8.3 of the town's purchasing policies; and
WHEREAS, the selection committee ranked CH2M Hill of Reston, Virginia, as the highest rated
firm for this project and is in the process of concluding contract negotiations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
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SECTION I. The manager is authorized and directed to enter into a cost plus fixed fee contract • •
on behalf of the town, in a form approved by the town attorney with CH2M Hill, in the amount'of
$2,185,000 for design and construction engineering services relating to the upgrade and expansion of
the Water Pollution Control Facility to a capacity of 6.0 MGD.
SECTION H. An additional appropriation of $685,000 is hereby made to the Utility Fund
account number 300.3160.300.020 for design and construction engineering services.
Mr. Shoemaker stated that the selection committee, after much deliberation and effort, came
to a unanimous decision to recommend CH2M Hill for design and construction engineering services on
the WWTP expansion.
Mr. Dick Dyne of CH2M Hill, addressed the Council, stating that CH2M Hill was very
delighted to be selected for the upgrade and expansion of Leesburg's WWTP. He then briefed the
Council on the organization and background of CH2M Hill, further stating that they have done
approximately 30,000 environmental projects, and have designed 650 wastewater treatment plants.
Ms. Lilliana Moralis of CH2M Hill stated that she would be the project manager of Leesburg's
project throughout its duration and will be the primary point of contact between CH2M Hill and town
staff.
Mr. Mulokey personally congratulated Mr. Dyne and Ms. Moralis on the quality of their
proposal and the professionalism of their presentation.
Mr. Minor stated that this project will upgrade Leesburg's current facility, in terms of its
treatment standards and expand the town's capacity from the 2.5 MGD to 6.0 MGD.
Mayor Sevila also congratulated CH2M Hill and thanked the firm for the study prepared bj%
them which was presented to the State Water Control Board. The Mayor, on behalf of the Council,
also thanked Mr. Mulokey for his time and consideration in the review of the project proposals.
Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay. None
On motion of Mr. Clem, seconded by Mr. Kimball, the following resolutions were proposed as
consent. ;tonna onA nnan:mnno6, nAm.♦,.A
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89-163 - RESOLUTION - RE: INCLUSION OF A DRY MILL ROAD SIDEWALK PROJECT IN
THE FUTURE PROPOSED FY 91-95 CAPITAL IMPROVEMENTS PROGRAM FOR
LATER COUNCIL CONSIDERATION
WHEREAS; adequate sidewalks do not exist on Dry Mill Road to provide safe pedestrian
access to Loudoun County High School and downtown Leesburg, and
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WHEREAS, Alternative 3 proposed in a memorandum to the Council dated July 26 1989, is
the most cost effective alternative to provide this needed sidewalk; and
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Minutes of August 8, 1989
WHEREAS, funds presently do not exist for the initiation of this project but should be
considered as part of the town's overall capital improvements program for FY 91-95 to be submitted
for Council review'and approved this winter:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is directed to include construction of a sidewalk along the
Loudoun County High School property on Dry Mill Road at an estimated:project cost of$52,000 in
the proposed FY 91-95 CIP for later Council consideration and approvaL
SECTION U. The manager is directed to'transmit a copy of this resolution to
Superintendent David Thomas and to work with county school officials tojproperly coordinate the
design and location requirements for this important safety improvement.
89-164 - RESOLUTION - RE: CONSIDERATION OF A PEDESTRIAN AND BICYCLE PATH AT
THE END OF ANNE STREET TO CONNECT TO THE NORTHERN VIRGINIA
REGIONAL PARK AUTHORITY BIKE TRAIL
WHEREAS, adequate sidewalks do not exist to accommodate pedestrian traffic to downtown
Leesburg; and
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if': WHEREAS, a paved bicycle/pedestrian pathway at an estimated cost of$50,000 from the
rP Anne Street cul-de-sac, through Wage Radio property to the NVRPA trail,would provide safe bicycle
access to the trail and an adequate pedestrian link)ge with downtown Leesburg, and
;1'�- WHEREAS, Leesburg's Parks and Recreation Department is working with the Department
of Interior, as well as other town and county departments to develop a greenway/bikeway plan for
the town:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Aved bicycle/pedestrian pa cY pedestrian path from the Anne Street cul-de-sac through Wage Radio
property to the NVRPA trail should be considered as part of the Town of Leesburg/Department of
Interior greenway/bikeway study.
89-165 - RESOLUTION . AUTHORIZING STREET RESURFACING PLAN FOR FY 90
WHEREAS, the FY 90 budget appropriated $100,000 for street resurfacing, and
WHEREAS, the Director of-Engineering
and Public Works has recommended specific streets
to be resurfaced in a memorandum dated July 28,11989.
THEREFORE, RESOLVED by the Council) of the Town of Leesburg in Virginia as follows:
The street resurfacing program outlined in',a memorandum to the Council dated July 28,
1989, in the priority listed, is approved.
89-166 - RESOLUTION - APPROVING A CONTRACT AMENDMENT WITH SIERRA SITE
DEVELOPMENT FOR CONSTRUCTION OF THE PUBLIC WORKS
MAINTENANCE FACILITY SANITARY SEWER
WHEREAS, a dire need exists for construction of 1,300 feet of 8" gravity:sauitaiy sewer for
connection of the town's new Public Works Maintenance Facility to the town's sanitary sewer
system; and
WHEREAS, the town's Utility Lin;s Division 61::,s not have sufficient capabilities to;
construction of this sewer, and
WHEREAS. Sierra Site Develonment. ;a rn.wntw ...,,ler.--"...,,.
construction of the Tuscarora Creek sanitary sewer.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The town manager is hereby authorized and directed to execute a contract _
amendment in the amount of$32,768.75 to the Tuscarora Sewer Contract with Sierra Site
Development for construction of the Public Works Maintenance Facility sanitary sewer.i1
SECTION II. A carryover of remaining funds from the FY 89 budget to the FY;90 budget
in the amount of$592,366 in Utility Fund account number 300.3120.700.170 is hereby authorized
for final payment of the Tuscarora Sewer construction contract and amendment thereto.
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Minutes of August 8, 1989
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89-167 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTIBLE PERSONAL
PROPERTY TAXES FOR 1984
• WHEREAS, the 1950 Code of Virginia, as amended, Section 58.1-3940 provides for collection
of local personal property taxes to be enforceable for only five years following December 31 of the
year for which such taxes were assessed; and
WHEREAS, the town's financial records contain outstanding personal property taxes for the
year 1984:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Director of Finance is authorized to charge-off from the town's financial records all
outstanding personal property taxes for the year 1984.
89-168 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLEC;fjt3LE WATER
AND SEWER ACCOUNTS •
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WHEREAS, the town each year identifies those water and sewer utility accounts that are
past due and considered uncollectible; and •
WHEREAS, a listing of those accounts for the floral year ending June 30, 1989, is hereby
attached -
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THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia,as follows:
The attached listing of delinquent water and sewer accounts have been identified to be •
uncollectible and authority is given for the accounts to be written-off the town's books and records
as uncollectible accounts.
89-169 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS IN NEWGATE ,
WHEREAS, Tedence, Inc., the developer of Newgate has completed the public improvements
in accordance with approved plans and town standards, and these have been inspected and
approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable letter of credit from Farmers & Merchants in the amount of
$20,000.00 is released, and a new surety in a form approved by the town attorney for a
maintenance guarantee in the amount of$1,000.00 is approved, and shall be in effect for a period of
one year from this date.
SECTION H. This release is contingent upon delivery of a properly executed instrument
conveying'unto the town all such improvements and easements free of any liens or;charges.
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89-170 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING Al
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION
PERMITS FOR LEESBURG CHRYSLER NISSAN I
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:'
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SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for _
Leesburg Chrysler Nissan.
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SECTION U. The extension of municipal water and sewer for Leesburg Chrysler Nissan is
approved in accordance with Section 15-9 and 19-18 of the Town Code.
SECTION III.The irrevocable bank letter of credit in a form approved by the town attorney
from the Bank of Loudoun in the amount of$44,761.20 is approved ns security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering
and Public Works for Leesburg Chrysler Nissan.
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89-171 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVII&IG A
PERFORMANCE GUARANTEE AND WATER AND SEWERS EXTENSION
PERMITS FOR TAVLSTOCK FARMS SECTION 9 !
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35I,
Minutes of August 8, 1989
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for
Tavistock Farms'Section 9.
SECTION U. The extension of municipal water and sewer for Tavistoock Farms Section 9 is
approved in accordance with Section 15-9 and 19-18 of the Town Code.
SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney
from Perpetual Savings Bank, F.S.B. in the amount of$192,899.00 is approved as security to
guarantee installation of the public improvements shown on plans'approved by the Director of
Engineering and Public Works for Tavistock Farms Section 9.
Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
I
Nay. None
New Business
L- Mr. Kimball requested that the new business items be deferred to thele Planning and Zoning
Committee and Administration and Public Works Committee meetings of September 6, 1989, for
`U further discussion and consideration.
On motion of Mr. Tolbert, seconded by Mr. Mulokey, the meeting was adjourned.
Robert E. Sevila, Mayor
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Clerk of Council
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