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HomeMy Public PortalAbout1989_09_20SPEC , 367 • Special Meeting Minutes • September 20, 1989 • A Special Meeting of the Leesburg Town Council was held on September 20, 1989 at 5:35 p.m, in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia pursuant to notice thereof having been delivered to all councilmembers prior thereto. The meeting was called to order by Mayor Sevila. All members of Council were present and included: Mayor Robert E. Sevila, Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, and Tolbert. Staff members present included: Town Manager Jeffrey H. Minor, Director of Planning, Zoning and Development Katherine Imhoff, Director of Finance Paul York, Town Attorney George Martin and Deputy Town Attorney Deborah Welsh. Also present were Dodona Manor Board members, Special Counsel and Csaba Chekas. Mrs. Forester made the following motion: Pursuant to Section 2.1-344 of the Code of Virginia, as amended, I move that the Leesburg Town Council go into Executive Session. The authority for this Executive Session is found in Section 2.1-344(a), Subsections (3) and (5), respectively. The public business matters to be discussed are: 1. The Marshall Committee's plans for Dodona Manor. 2. Potential unannounced business plans for new retail development. The motion was seconded by Mr. Kimball. . • Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None The Council then went into Executive Session. Mrs. Forester made the following motion: I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its • Special Meeting and that the minutes of the Special Meeting reflect that no formal action was taken in the Executive Session. The motion was seconded by Mr. Kimball. The Mayor reconvened the Special Meeting at 8:15 p.m., and called a recess until after the regularly scheduled Administration and Public Works Committee meeting. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. Mayor Sevila reconvened the Special Meeting of the Leesburg Town Council at 8:35 p.m. Present were: Mayor Robert E. Sevila, Councilmembers Forester, Kimball, Lovin, Mulokey, and Tolbert. Councilmember Clem was absent. Staff present included: Town Manager Jeffrey H. Minor, Director of Finance Paul York, Town Attorney George Martin, Deputy Town Attorney Deborah Welsh and Deputy Town Clerk Barbara Markland. Mrs. Forester made the following motion: Pursuant to Section 2.1-344 of the Code of Virginia, as amended, I move that the Leesburg Town Council go into Executive Session. The authority for this Executive Session is found in Section 2.1-344(a), Subsections (3) and (5), respectively. The public business matters to be discussed are: 1. The Marshall Committee's plans for Dodona Manor. 2. Potential unannounced business plans for new retail development. The motion was seconded by Mr. Tolbert. Aye: Councilmembers Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. The Council then went into Executive Session Mrs. Forester made the following motion: I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its Special Meeting and that the minutes of the Special Meeting reflect that no formal action was taken in the Executive Session. The motion was seconded by Mr. Tolbert. The Special Meeting was reconvened at 9:42 p.m. 368 Special Meeting minutes of September 20, 1989 Aye: Councilmembers Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. - On motion of Mrs. Forester, seconded by Mr. Kimball, the following resolution was proposed and unanimously adopted. 89-193 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF SEPTEMBER 20, 1989 WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Town Council of the Town of Leesburg. Aye: Councilmembers Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following resolution was proposed and unanimously adopted. 89-191 - RESOLUTION - CONFIRMING THE LEESBURG TOWN COUNCIL'S INTEREST IN DEVELOPING A MEMORANDUM OF UNDERSTANDING AMONG THE TOWN OF LEESBURG. GEORGE C. MARSHALL PRESERVATION FUND AND THE AMERICAN CENTER FOR INTERNATIONAL LEADERSHIP (ACIL) WHEREAS, the Leesburg Town Council has authorized and the mayor has executed a purchase option contract for the acquisition of historic Dodona Manor, home to Gen. George C. Marshall; and WHEREAS, the Town of Leesburg has authorized the use of general obligation bond proceeds in the amount of $1,000,000 and $409,000 in a utility fund loan to assist in the purchase of Dodona Manor as a museum and historic site; and WHEREAS, the Town of Leesburg is the recipient of a $500,000 grant from the State Historic Landmarks Commission; and WHEREAS,the George C. Marshall Home Preservation Fund (Preservation Fund) has mounted an aggressive campaign to solicit international contributions for the preservation of this historic Leesburg landmark; and WHEREAS, Mr. Steven Hayes, President of the American Center for International Leadership (ACIL) has expressed an interest in assisting with a joint fund raising program to secure funds for the acquisition and future endowment of Dodona Manor in conjunction with the construction of a conference center on the property to be a major focus for future national and international conferences and summit meetings sponsored by ACIL; and WHEREAS, the ACM, a non-profit, apolitical organization, whose stated mission is to"...respond to a need to provide an international context for emerging leaders of the United States and to enable them to meet their counterparts around the world"; and WHEREAS,ACIL offers an additional dimension to augment fund raising opportunities available through the Preservation Fund and assist with the purchase and operation of Dodona Manor, and WHEREAS, such a relationship with ACIL could offer Leesburg the possibility of hosting national and international conferences and other opportunities to foster international understanding and cooperation, goals which are consistent with the lifelong achievements of General Marshall: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Town Council hereby supports exploring a future relationship with the ACIL which will lead to a shared fund raising effort and an arrangement by which a portion of Dodona Manor property will be used for the construction of an international conference center not to exceed 100 seat capacity. • SECTION U. The town manager and deputy town attorney in consultation with the chairman of the Preservation Fund and the president of ACIL shall prepare a Memorandum of Understanding for future consideration of this Council. This document will outline the scope.of possible future relationships among the three parties relative to Dodona Manor and the conference center, subject to these conditions: 369 Special Meeting minutes of September 20, 1989 1. The house will be retained as a museum/historic site open to the public, for a minimum of 200 days annually. 2. Any improvements to the historic site will be approved in advance by the Town Council and Virginia Historic Landmarks Commission. 3. ' To better accomplish this arrangement, following the town's actual purchase of the property, the Town Council may consider a lease or transfer of the property to a non-stock, non-profit corporation under Section 15.1-18.1 of the 1950 Code of Virginia, as amended, created for the purpose of acquiring and preserving historical properties, whose board shall comprise the current chairman and selected members of the Preservation Fund, and the mayor and town manager of the town, a officio, and other selected citizens to provide oversight and advice to the town for the preservation and operation of Dodona Manor historic site, 1 grounds and fund raising. 4. The property shall revert to the town in the event the charter of the non-stock corporation is violated, terminated or revoked or the property is used for an unintended purpose. 5. The conference center shall revert to the non-stock corporation or town, as appropriate, at the end of the lease term agreed to by the parties. 6. That this Memorandum of Understanding be approved prior to November 15, 1989 and a lease agreement be executed by November 1, 1990, unless such dates are mutually extended by all parties. 7. The use of an executive appointed by ACIL to raise funds shall be furnished to • the Preservation Fund and all funds raised on its behalf will be retained by the preservation fund to be used exclusively for the purchase of Dodona Manor and/or reimbursement to the town for its utility fund loan. • 8. The Town of Leesburg may unilaterally withdraw from the memorandum of understanding for any reason prior to execution of a lease or transfer of the property and that all funds deposited or pledged to the Preservation Fund shall 9. remain with such fund. The lease arrangement will not require ACIL to pay rent and shall be reviewed by Leesburg's bond counsel to ensure compliance with Internal Revenue Code relative to the bond financing for this purchase. 10. The ACIL international conference center will be administered by the ACIL, subject to such restrictions and conditions as may be agreed upon by the parties. 11. The separation of funds raised through donations and fees based on their origin between Dodona Manor and the ACIL conference center shall be established. Aye: Councilmembers Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mrs. Forester, seconded by Mr. Mulokey, the following resolution was proposed and unanimously adopted. 89-192 - RESOLUTION - ACCEPTING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR PLAZA COURT LOT 4 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 Plaza Court Lot 4. SECTION II. The extension of municipal water and sewer for Plaza Court Lot 4 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The cash bond in the amount of $19,016.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the'Director of Engineering and Public Works for Plaza Court Lot 4. Aye: Councilmembers Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None 370 • Special Meeting minutes of September 20, 1989. - On motion of Mr. Mulokey, seconded by Mr. Tolbert, the meeting was adjourned at 10:30 p.m. Robert E. Sevila, Mayor Town of Leesburg Clerk of Council . 1