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HomeMy Public PortalAbout1993_01_12423 OJ O3 0 Z TOWN COUNCIL MEETING MINUTES OF JANUARY 12, 1993 A regular meeting of the Leesburg Town Council was held on January 12, 1993, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. INVOCATION was given by Councilmember Trocino. SALUTE TO THE FLAG was led by Town Manager Steven Brown ROLL CALL Counciimembers present George F. Atwell Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Assistant Town Manager Peter Stephenson Director of Finance Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Utilities Randolph W. Shoemaker Director of Parks and Recreation Gary Huff Director of Planning, Zoning and Development Michael Tompkins Zoning Administrator Scott Johnson Planner Marilee Seigfried Public Information Officer Susan Farmer Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Ms. Bange, seconded by Mr. Webb, the special meeting minutes of November 3, 1992, and the regular meeting minutes of November 24, 1992 and December 8, 1992, were approved as submitted. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None CERTIFICATE OF APPRECIATION Mayor Clem presented a Certificate of Appreciation to Captain Michael McVeigh for successfully completing the 171st session of the Federal Bureau of Investigation Academy. PETITIONERS Mr. C. B. Baldwin, Director of Planning for the Loudoun Hospital Center, addressed the Council presenting an update of the hospital's planning process. M~. Um~iaiid asked Mr. Baldwin if any decision has been made as to where the ~lospital Will move? Mr. Baldwin stated that the hospital is still operating under the 1990 board directive that the hospital will be located within the town limits of Leesburg. Mr. Benjamin Tayloe, representing the National Association for a Balanced Federal System, addressed the Council. Mr. Tayloe is seeking approval of the Town Council, by resolution, of a proposal of the Council of State Governments. The purpose of the proposal is to restore to the American people the ability to propose an amendment to the Constitution of the United States through the state legislators. The proposal provides: That if three quarters of the states agree in advance on a proposed amendment the proposed amendment would then be sent to Washington. Congress would then have two years after receiving the proposed 424 amendment to block it. It could be killed by a vote of two-thirds of both houses of Congress but they could not kill it by inaction. If a vote of two-thirds was not received that proposal would become a part of the Constitution of the United States. Ms. Umstattd asked Mr. Tayloe how he sees a Constitutional Convention working? Can anyone participate? Do people have to be nominated by Congress? Mr. Ta¥1oe explained that under the current system if two-thirds of the states petition Congress to call a constitutional convention Congress simply calls the convention. They set the time and location. The states may elect delegates to the convention. The proposed amendment is then discussed and approved by only 50 percent of the convention. If approved by 50 percent it then has to be approved by two-thirds of the states. Mr. Blake agreed with this proposal stating that it was a good idea. He asked that this matter be forwarded to the January 19, 1993, Administration and Public Works Committee agenda for further consideration. Mr. Richard Culp, owner and operator of Old Town Carts and Catering, addressed the Council expressing his concern with locating and operating a vending/push cart during the Bluemont Concert Series season. He stated that he expressed these concerns at a recent Special Events Committee meeting. Mr. Brown stated that Mr. Culp's problem has been experienced by other vendors during the Bluemont Concert Series and as a result Council established a Special Events Committee. One of the committee's charges is to recommend a resolution of this situation. The recommendations will be forthcoming at the end of February. Mr. Alton Echols addressed the Council expressing his views and concerns with regard to economic development in the Town of Leesburg. He stated that previously he had suggested that the Council appoint an assistant town manager as more of an economic development officer - that was done. He stated that Mr. Stephenson has not had time to be an economic officer. Executive Director of LRI has been able to bring many of the business %Var Lords" together and a lot has been accomplished. However, this is not enough. "It might be a great benefit for the town to stop studying and consider hiring a full time economic development officer. Mr. Echols stated that he understands $60,000.00 has been appropriated for FY 93 and suggested that this amount be doubled to be spent on town-wide advertising. He also suggested the creation of five working committees. PUBLIC HEARINGS 7. n. To consider an amendment to the Zoning Ordinance to establish a land lease residential development Mr. Johnson addressed the Council presenting the staff report. Ms. Umstattd asked if this is a trailer park7 Mr. Johnson stated that these are manufactured homes that are placed on a permanent foundation. The term trailer has a different connotation to that of a manufactured home. Ms. Umstattd asked if manufactured home could include trailers? Mr. Johnson stated that under the definition of manufactured home it could not include trailers. The new manufactured homes are produced under HUD regulations which control what the structural ability of the house is. "As pointed out in the staff report, in many instances, you would not be able to tell the difference between a conventional stick-built home as to a manufactured home. Ms. Umstattd questioned the locations of all the B-3 zones in the town? Mr. Johnson stated currently there is 386 acres of B-3 property within the town. Most of them are very large tracts and already developed or tracts that have developments proposed for. International Pavilion, Battlefield Shopping Center, Shenandoah Square - 252 acres, Euram Furniture - 26 acres, Carradoc Hall - 7 acres, proposed auto park - 18 acres, Cardinal Industrial Park - 15 acres, Shurgard Storage - 18 acres, Beauregard Estates - 8 acres, Antique Center - 31 acres and Country Club/West Park Hotel - 12 acres. 'iI~e only parcels that could utilize this land use is Mr. Frenzel's parcel and potentially Euram Furniture and the Antique Center. Mr. Leland Mahan representing the applicant was present to answer any questions. He stated that Mr. Johnson has done an excellent job in coming up with some standards which are flexible and appropriate for this situation. "We believe the key here is that it is a special exception process. By adopting this ordinance you permit someone to come in with a plan in the form of a special exception and then you have great latitude in making sure that this plan is the type of development that you would like to have on Mr. Frenzel's property or any other property that would qualify under the B-3." -2- 425 "We think the town needs this type of residential use. It is long over due. We are not talking about a trailer park. We are talking about a manufactured home which is designed by HUD. As stated previously you can't distinguish this from a stick-built house. It is more affordable than a lot of the single family residences that presently exist and we believe that in order to make this residential use available to the town you have to consider mixed-use like B-3 which we feel this property is ideally suited for." Ms. Umstattd asked Mr. Mahan to define what is meant by a stick-built home? Mr. Mahan stated that it would be a regular single-family home built by the carpenters on the site or in some instances those are also manufactured and sent to the site. *The only distinction between this and houses in Country Club Subdivision would be perhaps the size." In this concept people will lease the plot of land and buy the manufactured home, place it on a foundation and pay rent on the land. Therefore, it makes it more affordable because they don't have to buy the hnd and pay taxes, etc. Ms. Umstattd asked if these homes would be moveable once they are owned? Mr. Mahan stated yes. "As a practical matter that seldom ever occurs." He stated economically they have been known to be very attractive from an investment standpoint because the people protect the property and beautify it. Ms. Umstattd asked if Mr. Mahan foresees federal government subsidies for families who want to buy or rent these homes? Mr. Mahan stated that he did not know. "We have not reached that point yet." He stated that Mr. Frenzel plans to come back with a plan in the form of a special exception seeking 60 units on that site. Ms. Umstattd asked what the typical square footage of these homes is? Mr. Frenzel stated 900' to 1000'. Mrs. Kathy Wilt, a resident in the Beauregard community, addressed the Council asking why the town wants to make this exception. "Once it is made it is something the town will have to live with. If it is made has the town then gone to far so that if residents are concerned can anything be reversed." Mrs. Wilt requested more information from the town regarding this project and how it will affect Beauregard Estates. She stated the project is close to Beauregard. She expressed concern with the market value of the community's homes. She raised concern about the town's overall plan and how well things are thought out. "You don't entice people to come to Leesburg and buy $400,000.00 homes and then put a $100,000.00 or $30,000.00 manufactured home right next to it. Our Town Council needs to consider these things when making exceptions and I am not sure they always do. Sometimes exceptions are made that we then have to live with as a town." She asked that the Council seriously consider this. Mr. Blake asked what "high rent" neighborhood this project was near? Mrs. Wilt stated expensive homes. She stated that only phase 1 in Beauregard Estates has been completed. Beauregard has five phases. Mr. Blake stated that Beauregard is a good half mile from this development. Mrs. Wilt stated that she understands that this project will be very close to one of the phases of Beauregard Estates. She stated that the town is slowly surrounding the Beauregard parcel by affordable housing. She referred to the project on Sycolin Road in which the cost of the housing is going to be less then half of what the residents were originally informed of. "Buying a home is one of the most important decisions most of us Americans make. My husband and I looked at over 200 homes in the greater D.C. area and made a decision to buy in Leesburg. We feel now that we did not make such a great decision because of what is happening around us. If we are not going to have a good comprehensive plan and look at the neighborhoods your not going to attract certain kinds of people. People will get very frustrated. Our Town Council needs to be cognizant of the fact that you are trying to attract people to this town. We have worked very hard to get where we have. I am delighted with my home in Leesburg but I am concerned. It is the most important thing I own. It is very important to the residents in Beauregard Estates." Mrs. Wilt asked that the Council consider what this exception will do to other residential communities in the area before making a decision. She stated that if the Council makes an exception for one parcel the Council will be making it for all of these parcels. Mr. Trocino asked that Mr. Mason provide the status of the low water bridge crossing at Lawson Road and the town's future plans? Mr. Mason stated that cul-de-sacs will be constructed on each side and that the crossing will be closed to vehicular traffic. ~here may be some sort of pedestrian crossing." He stated that this is all tied to the 426 approval of the final plat of Beauregard Estates Sections 2 and 3. Mr. Trocino stated %vith a broken link at Lawson Road there would be no direct vehicular access." Mr. Mason stated that this would be some time in the future. It is in the town plan, the approved rezoning, the preliminary plan for Beauregard Estates Sections 2 and 3. Ultimately vehicular crossing will be closed. Mr. Dan Christy, a resident of BeauregardEstates, addressed the Council. He stated that Mrs. Wilt's concern was regarding transportation. He stated that it is the general, overall planning for the Town of Leesburg and the consideration towards the acceptance and continued changes that are being made. He stated that some valuable commitments have been made to the community and choices that hopefully will be long in nature. %Ve want to protect those investments and see the Town of Leesburg grow. To do that effectively we must have a good solid plan that we can grow on to attract the homeowners and residents that we want to have within the town." He stated that there needs to be some balance in the planning process. Mr. Atwell asked Mr. Johnson, if the Council were to deny this special exception under the B-3 zone, what would be some typical uses that could be made of the property? Mr. Johnson stated banks without drive-in facilities, eating establishments, funeral homes, office, recreation facilities, hotel/motels, theater, indoor home occupation, retail centers under 100,000 square feet, emergency care facilities, schools, special instructions, public utilities. Mayor Clem closed the public hearing. MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, this matter was referred to the January 19, Planning and Zoning Committee for further consideration. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 7. b. TO CONSIDER SPECIAL EXCEPTION APPLICATION $SE.92-07 TACO BELL Ms. Seigfried addressed the Council presenting the staff report. Mr. Dave Bowers, representing the applicant was present to answer any questions. Mr. Norman Davis, President of the Foxchase Homeowners Association, addressed the Council expressing concern with the operating hours, noisc, and traffic. Mr. Brown stated that traffic studies have been made and the necessary transportation improvements will be required by the town. With regard to noise, this facilitywill be placed in an out parcel of the shopping center. Mr. Bowers addressed the Council reciting the proposed hours and days of operation. Mr. Davis asked that the Council reconsider the proposed hours of the Taco Bell. Ms. Umstattd asked Mr. Davis if it would be a better situation if there were no drive-ins? Mr. Davis answered yes. Ms. Umstattd asked Mr. Davis what hours would be more livable for the community? Mr. Davis stated Fridays and Saturdays until midnight and the rest of the week closing when the Wal-Mart closes. A letter was read into the record from Sue Robinson, a resident of Foxchase, regarding the proposed Taco Bell drive-in. This letter is attached and made a part ot t~e o~C~a! record. Mayor Clem closed the public hearing. MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, this matter will be taken up during the agenda. 7. c. TO CONSIDER #ZM-136 EXETER PRN~ SECTIONS 4 AND 6. PROFFER AND CONCEPT PLAN -4- 427 0 Z Ms. Set,fried addressed the Council presenting the staff report. Ms. Umstattd asked why the size of the units is being reduced from 20 feet to 18 feet? Mr. Tom WhiDv. with Dewberry & Davis representing Pulte Homes, addressed the Council stating that the 18 foot wide units are more available for a different market. Mr. Stan Settle, of Pulte Homes, addressed the Council stating that the difference of price is $120,000.00 for a 20' product and the 18' product would be around $105,000.00. Mr. John Yarborouzh, a resident in Exeter Section 1, addressed the Council stating that the homeowner's concerns were satisfied at the Planning Commission level. Mayor Clem closed the public hearing. MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, this matter will be taken up during the agenda. COUNCILMEMBER COMMENTS Ms. Bange had no comment. Mr. Atwell had no comment. Mr. Trocino commended Mr. Krisa for his work and efforts with the WWII Committee. He pointed out that there have been 21 new business licenses issued recently. The County complex committee met in December. A firm watch is being kept on the county's activities in this area. He expressed concern that the town was unable to feature the nativity scene on the county's courthouse lawn. He asked that staff explore the possibility of moving the nativity scene onto the town's property next year. Ms. Umstattd stated that on Monday, January 18, at 10:30 a.m., there will be an assembly beginning at the courthouse lawn for the "I Have A Dream March". She encouraged everyone to attend. Mr. Blake expressed concern with the Board of Architectural Review meeting twice per month. He asked that the Council consider reducing the BAR meetings to one month. Mr. Webb commented on the huge success of First Night Leesburg. He thanked all those who volunteered. A letter from Mr. Anthony Haney regarding the success of First Night Leesburg was read into the record. This letter is attached and made a part of the official record. MAYOR'S REPORT Mayor Clem also commented on the success of First Night Leesburg. He welcomed Planning Director Mike Tompkins back. He pointed out that a new restaurant, Traditions of Leesburg, is now open. He wished Mr. Barnes the best of luck. He thanked Mr. Brown for his efforts regarding the hospital. He stated that he believed the hospital would remain in Leesburg. All of the dialogue between the hospital, himself and Mr. Brown has been very positive. MANAGER'S REPORT Mr. ~rown reviewed items in ti~e ActtVtty Keport. NEW BUSINESS 12. (b) MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and unanimously adopted. -5- 428 93-1 - RESOLUTION - AUTHORIZING THE USE OF TOWN STREETS FOR THE "I HAVE A DREAM" COMMUNITY MARCH ON JANUARY 18, 1993 WHEREAS, citizens and organizations have organized an "I Have a Dream" community march in Leesburg to celebrate the birthday of Dr. Martin Luther King, Jr. on Monday, January 18, 1993; and WHEREAS, the celebration will include a full day of activities at Douglas Community Center in conjunction with the national observance of Dr. King's birthday; and WHEREAS, participantswill assemble on the lawn of the Loudoun County courthouse at 10:30 a.m. and at 11:00 a.m. will walk together on East Market Street to the Community Center. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. East Market Street, from King Street to Sycolin Road, is hereby authorized to be used from approximately 10:30 a.m. to 12 noon on Monday, January 18, 1993, for the purpose of the "I Have a Dream" community march. SECTION II. Appropriate town forces are authorized to assist in the operation of this event. DISCUSSION Ms. Doris Johnson and Ms. Alicia Wilson, coordinators of this march were present and addressed the Council describing the march and activities that will take place on Monday. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None LEGISLATION 1I. (,a) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following ordinance was proposed and adopted. 92-0-1 ORDINANCE APPROVING SPECIAL EXCEPTION APPLICATION #SE-92-07 SHENANDOAH SQUARE TACO BELL - DRIVE IN WHEREAS, Taco Bell has applied for special exception approval for a drive-in facility to be located within The Shenandoah Square Shopping Center; and WHEREAS, a special exception is required to locate a drive-in facility in the B-3 zoning district; and WHEREAS, on January 7, 1993, the Planning Commission recommended approval of special exception #SE-92-07; and WHEREAS, on January 12, 1993, the Town Council held a public hearing on this application; and WHEREAS, the proposed use meets the general review criteria set forth in the special exception regulations of the zoning ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-92-07 Shenandoah Square Taco Bell Drive-in facility as shown on a concept plan prepared by Bowers and Associates, dated October 7, 1992 and revised December 14, 1992, and as further identified as Tax Map 48 ((5)) Parcel C in the land records of Loudoun County, is hereby approved. SECTION II. Approval of the special exception concept plan does not authorize modifications to any requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations, or the Zoning Ordinance. SECTION III. This ordinance shall be in effect upon its passage. DISCUSSION ~ stated that she has talked with pc, opic in Sterling, Virginia about the Taco Bell ia Sterling and -6- 429 there does not seem to be any problem with it. She stated that it may be a disadvantage to the Taco Bell if there was no drive-in. Ms. Umstattd stated that Ms. Bange made a good point and that she was originally going to vote in favor of the drive-in. She stated that she was persuaded by the comments from the citizens. She stated that she would vote against it but is very happy to see Taco Bell in Leesburg. VOTE Nay: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem Umstattd II. ~} MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following ordinance was proposed and unanimously adopted. 92-0-2 - ORDINANCE - APPROVING A PROFFER AND PRELIMINARY DEVELOPMENT PLAN AMENDMENT #ZM-136 FOR THE EXETER PLANNED RESIDENTIAL 0 Z NEIGHBORHOOD, SECTIONS 4 AND 6 WHEREAS, on May 22, 1985, the Town Council approved rezoning application #ZM-55, with proffers and a preliminary development plan, establishing a 1201-unit planned development referred to as the Exeter Planned Residential Neighborhood; and WHEREAS, on October 28, 1987 the Council approved rezoning application #ZM-87 amending the preliminary development plan and proffers associated with the Exeter Planned Residential Neighborhood; and WHEREAS, Pulte Home Corporation submitted #ZM-136 Exeter PRN, Sections 4 and 6 Proffer and Preliminary Development Plan Amendment to modify the minimum townhouse lot width; and WHEREAS, this application was received by the Town Council on September 8, 1992 and October 13, 1992, and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1-431, of the 1950 Code of Virginia, as amended; and WHEREAS, on October 15, 1992, the Planning Commission held a public hearing on this application; and WHEREAS, on October 21, 1992, a meeting convened between neighborhood res/dents and the applicant whereby the applicant agreed to meet resident concerns pertaining to the b~ll~eld site and the open space landscaping;, and WHEREAS, on November 5, 1992, the Planning Commission recommended approval of #ZM-136 subject to additional conditions; and WIqE.~, on January 12, 1993, the Council held a public hearing on this application; and WHEREAS, the public necessity, convenience, general welfare, and good zoning practice require the ~mendment of the previously approved preliminary development plan and proffers associated with #ZM-87 and the Exeter Planned Residential Neighborhood: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The revised preliminary development plan dated October 30, 1992, and prepared by Dewb~n-,~ & ~'~- :- ~--~' .......... ~ ..... ' ' ........... ., ,~pp, v,~-u ~o mu=u,~ ~ ~Y~-,.~ ~irqgle-fam';ly at~ached lot width for Exeter PRN, Sections 4 and 6 (excluding lots 324 - 368) to a width of 18 feet~ SECTION H. This amendment is supplemental to the proffers dated October 26, 1987 as submitted in support of #ZM-87 and are specifically applicable to Sections 4 and 6 (excluding lots 324 - 368). All other proffers and conditions not affected by the change in lot width for the aforementioned Sections 4 and 6 shall remain in full force and effect. SECTION lH. This ordinance shall be in effect upon its passage. -7- 430 VO'I~ Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 11. (e) Ms. Bange requested that this matter be deferred to the January 19, 1993, Administration and Public Works Committee meeting. 11. (d). (e). (h), (1) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as consent items and unanimously adopted. 93-2 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR AN AMENDMENT TO SECTION 13-76(a) OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AND AN AMENDMENT TO SECTION 7A-5(3)i OF THE ZONING ORDINANCE WHEREAS, on October 13, 1992 the Council initiated consideration of amendments to the Subdivision and Land Development Regulations and the Zoning Ordinance to delete requirements relating to telephone, electric and cable television easements; and WHEREAS, the Planning Commission, pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia as amended, has held a public hearing on the proposed amendments and made its recommendation to the Council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virgini~ as follows: A notice of public hearing to consider amendments to Section 13-76(a) of the Subdivision and Land Development Regulations and to Section 7A-5(3)j of the Zoning Ordinance relating to telephone, electric and cable television easements shall be published in the Loudoun Times-Mirror on January 13, 1993 and January 20, 1993, for public hearing on Tuesday, January 26, 1993 at 7:30 p.m. in the Council Chambers of the Municipal Government Center at 25 West Market Street, Leesburg. 93-3 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR VACATION OF BOUNDARY LINES ON LOTS 13-15, TAX MAP 48C, BLOCK F, FAIRVIEW SUBDMSION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of boundary lines on lots 13-15, Tax map 48C, Block F, Fairview Subdivision, shall be published in the Loudoun Times Mirror on January 13, 1993 and January 20, 1993 for public hearing on January 26, 1993 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 93-4- RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, REI.EASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE ST. JOHN THE APOSTLE PARISH CENTER WHE~, Catholic Diocese of Arlington, Virginia, the developer of the St. John the Apostle Parish Center, has completed the public improvements in accordance with approved plans and town THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from First Virginia Bsnk in the amount of $47,631.10 is released, and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $2,381.55 is approved and shall be in effect for a period of one year from this date. SECTION Il. The release is contingent upon delivery of a properly executed instrument -8- 431 0 Z conveying unto the town all such improvements and easements free of any liens or charges. 93-5 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, R~LEASING THE PERFORMANCE GUARANTEE AND APPROVIN~ A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT EXCALIBUR CABLE WHEREAS, Excalibur Cable Communications, Ltd., the developer of Excalibur Cable, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The cash bond in the amount of $13,168.00 is released, and a new security in a form approved by the town attorney for a maintenance guaran~ in the amount of $658.40 is approved and shall be in effect for a period of one year from thi~ date. SECTION 11. The 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. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 11. {0 Mr. Brown stated that a bid protest has been received from Leesburg Today and that it should not alter staff's recommendation at this time. He stated that staff will respond to the bid protest. MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed. A RESOLUTION: AUTHORIZING A CONTRACT FOR LEGAL AND PUBLIC NOTICE ADVERTISING WHEREAS, on October 27, 1992, the Leesburg Town Council passed a resolution authorizing the release of an Invitation for Bids to contract for town legal and public notice advertising;, and WHEREAS, the bid document approved by the Council was released to newspapers of general circulation in Leesburg that meet the requirements of Section 8.01-324 of the 1950 Code of Virginia, as amended, to be qualified to publish legal and public notice ads; and WHEREAS, on November 30, 1992, the town received bids from two newspapers to provide the town with such services; and WHEREAS, after having reviewed the two bids received, it has been determined that the bid received form the Loudoun Times-Mirror was the lowest responsive and responsible bid on a per actual word unit price basis with a bid of $0.17 per word. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to enter into a contract with the Loudoun Times-Mirror to provide the town with legal and public notice advertising at a cost of $0.17 per actual word. SECTION H. The contract will incorporate by reference all of the requirements and conditions specified in the Invitation for Bids. DISCUSSION Mr. Atwell and Ms. Bange will abstain from discussion. Mr. Brown read the bid protest letter from Leesburg Today. This letter is attached and made a part of the official record. Mayor Clem suggested amending the fourth whereas to add -... as a result of the competitive bidding -9- 432 process the Town of Leesburg will re~li~.e at least a 30 percent savings on advertising. Mr. Webb asked if the bid protest was reviewed by the town's legal counsel? Mr. Brown stated that it was reviewed by the Director of Finance and that Mr. York did not feel that it was necessary to have legal st~ff review it. Mr. Webb stated that a decision should be postponed until the legality of the protest has been determined. Mr. Blake stated that he would like a statement from the town's legal staff. Mr. Randy Beeman, General Manager of the Loudoun Times-Mirror (LTM) addressed the Council stating that "the LTM has been Loudoun's community newspaper, in some form, since 1798. Prior to the bid process the LTM has ably served the town's legal and public notice needs. The LTM has developed a well established and cordial relationship with town staff. Staff is happy with the process. Prior to the code change in Virginia the LTM was the only qualified newspaper. The LTM did not oppose the change at the legislative session. Competitive bidding is good. The dollar amount does not require the town to place this for bid. The LTM has made its best effort to submit the documents requested in the IFB and have complied with all the requests. The LTM is the lowest bidder by 25 percent. The bid should be awarded. A month has already past since the deadline of the bid award. The LTM has invested more money in staff time and resources in this whole process then the town will place in legal advertising this year. To send it back to a committee that is two-thirds made up of share holders of one of the bidders does not serve the best interest of the town or the residents or the bidders. If the objective is to place legal notice advertising that the residents of the town have access to at an economical price on a consistent, reliable and efficient manner, award the bid. If the objective is to bander to certain interest groups then send it back and go through the whole process again if necessary. It will only cost the town more time and money. The LTM is ready and able to continue to serve the town." Mr. Webb asked what the LTM's circulation is within the Town? Mr. Beeman stated 8,251. Mr. Bret Phillips, publisher of Leesburg Today, addressed the Council stating that "the protest that Leesburg Today has made is highly technical in nature and has nothing to do with the lowest bid. Leesburg Today has a problem with what the town sent out and what it required bidders to submit which included an audit of circulation specifically in the case of paid papers an ABC Audit. What was submitted is not an ABC Audit. That is a disqualifying factor in the language of the town's own bidding process. If the town's legal staff finds that in fact what was submitted was an audit, we don't agree with that but will live with it. We are asking for a legal review of it and on that basis we believe you win not have any choice. We have an audit of circulation that is 16 pages long. It breaks down in det~i! exactly where circulation is, how much is household, how much is news stand, by zip code, where it all goes. That is what we thought the town wanted. That is what we provided. That is what we pay a lot of money for. That is what we freely share with out advertisers including potential advertisers such as the Town of Leesburg." Mr. Webb asked what Leesburg Today's circulation is? Mr. Phillips stated that Leesburg Today only counts household circulation. We agree that the LTM has the lowest cost. We disagree that LTM conformed to the bidding process. This matter was referred to the January 26, 1993, Council agenda after receiving a legal opinion. The resolution was not adopted. II. MOTION On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and adopted. 93-6 - RESOLUTION - APPROVING THE VACATION OF STORM DRAINAGE EASEMENTS IN THE STONEGATE SUBDIVISION, TAX MAP 48 {(18)), PARCEL 1 WHEREAS, Trafalgar House Property, Inc., owner of the Stonegate Subdivision, has requested -10- 433 0 Z the temporary storm drainage easements be vacated as shown on plat #RP-2191, prepared by Huntley, Nyce and Associates, P.C.; and WHEREAS, the temporary storm drainage cb~nels within these easements are no longer necessary and have been replaced by storm sewer piping. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The vacation of the temporary storm drainage easements as shown on Plat #RP 2191, prepared by Huntley, Nyce and Associates, P.C., dated April 22, 1992, and last revised August 24, 1992, is hereby approved. VOTE Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino 11. (l) Mr. Brown summarized the proposed resolution. DISCUSSION Ms. Umstattd asked what scenario is going to leave the town with the lowest liability with regard to the fuel farm and any possible leakage. She stated that the best bet for the town would be if the town neither owned nor operated the facility - that may be impractical. Mr. Brown stated that the town would have to purchase additional insurance. Ms. Umstattd asked if Janelle's equipment is free and dear. Mr. Brown stated that this would have to be resolved before the town completed the transaction. Ms. Umstattd asked if the town needs the tractors and mowers? Mr. Stephenson addressed Ms. Umstattd by stating that the mowers were used for the Janelle area~ They are smaUer then the town's and would be valuable for work at the airport~ Mr. Bob Gordan, of Shaw, Pittman, Potts and Trowbridge representing Janelle Aviation, addressed the Council. He stated "that we met with you in November in an effort to persuade you to modify or restructure the lease because due to the economy Mr. Haynes has not been able to make it work for him despite what everybody agrees is a Very good operation. It became clear during our discussions it was not going to be possible to do that. So we entered into an agreement between Janelle and the Town and that Mr. Haynes wanted to have a smooth transition at the airport. He subsequently made a proposal to the town. A proposal that was strongly endorsed we understood by your ad hoc airport citizen's committee and that proposal was rejected without any public discussion or any counter proposal. That really made Mr. Haynes feel tb~t the town wants Jim Haynes off the airport and that is a grievace surprise and disappointment to him but he recognizes that the town is not under any obligation to keep him at the airport. What he is asking for is some basic fairness in terms of the economic investment that he has made there in the facilities, the plant and the equipment. He made a proposal to leave in place the fixtures that cost Janene about $71,000.00 which who knows what it would cost to put those fixtures in now or what they are actually worth on a market value. They have an unadvertised book value of about $39,000.00. We proposed setting off that $39,000.00 against the fuel flowago and lease arrearage so that basically that would be a wash and the Council would just be looking at the cost of the radios, th~ u~,o, ~he things that ~re undisputed that he can take with him and that ,,~.~ p~id roi' ,~ J~uelle The proposal on that was Mr. Haynes had a valuation of about $44,000.00 on those items. Where we really have a difference in is reflected in the draft resolution, tbot the Council is unwilling to provide Janelle - or it has been proposed to the Council by staff not to give Janelle any credit for the lease hold improvements. It seems that is based on language in the lease that says - that tenant shall have the right during the existence of the lease to make alteration and attach fixtures subject to prior approval of landlord. Said fixtures and alterations may at the option of tenant remain the property of tenant upon expiration of this lease. However, landlord shall require restoration of the premises to the ~me condition as that existing at the time the premises are fully constructed and accepted by tenant and landlord -11- 434 reasonable and ordinary wear and tear and damage by the elements accepted." "Janelle's position is very simple. When they took possession of the building it was an empty shell. The town gave Jim the keys and his rent started and his obligation was to build it out and operate it. Even setting aside the issue of the improvements in the main terminal the $71,000.00 that has been invested includes construction of the line shack which was constructed sometime after the possession of the terminal building as well as a substantial amount of money that was spent on the heating system and insulation in the piston-maintenance hangar." "When you boil it all down it seems to us to be - we just disagree with the position that the legal advice that you have been given that the town owes Janelle nothing for the fixtures that were put in - our feeling is it was a shell building when they took possession of it and we would have the right to take out those fixtures. Well Janelle doesn't want to do that but we propose to set off the value of that against these rents. It really seems to Janelle that despite private expressions of sympathy and support by individual councilmembers that what is happening here is the town doesn't - we all know that economic conditions are tight and what we end up with is a situation where we want you gone, weql take your employees, we'll take your equipment, weql take your furniture, we'll take your lease hold equipment and you've got about $100,000.00 into it and you get nothing. That's the way it feels to Jim Haynes and we don't think - set aside the lease language we don't think that is fair. We don't think that sends a good message to small business men and women in the town and we don't think that is good from a point of view of the town's operation of the airport." 'AVe request that the Council agree to credit the value of the lease hold improvements which were paid for with real dollars against the rent and fuel towage arrearage that are owed by Janelle to the town. All of the equipment is owned free and dear and a bill of sale would be provided."" M~yor Clem made the following statement: "I would like to be known as a man that is willing to negotiate and walk that extra mile. The only thing I ever ask of anyone is to come the forty percent. Iql go the sixty. I've always been that way and I will continue to be that way. I think one thing needs to be corrected in something you (Mr. Gordan) said a minute ago and if you think back the first night I met you I shared with you my concerns and my support. I felt that under the proposal that I had discussed with you and your client that we could come to some equitable agreement the following day. The following day I was blind-sided with a different program. It threw me for a loop because then I didn't know how to handle it. When I opened the door for at least another avenue to go back to our normal discussion and try and get things back on track I was reminded by our attorney and you that my proposal wasn't in the offering. This was a way we were going to march. Mr. Gordan, I am at a point now that I can't turn back. I was put in that position not by my own making. Not by the town's making. We had only one decision and when you only have one decision what are you going to do? Now we are at this juncture where we have to come to some resolution." Mr. Gordan stated that the reason he and Mr. Haynes felt that it was not possible to move in that direction was "we felt we received a very definite message from individual councilmembers with whom we had met that unless Mr. Haynes came to that meeting with a substantial amount of cash to correct past arrearage it was not possible for any discussion to take place." The resolution was amended as follows: A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE LEASE AGREEMENTS AND EMPLOYMENT CONTRACTS TO ASSUME THE OPERATION AND MANAGEMENT OF THE LEESBURG MUNICIPAL AIRPORT WHEREAS, on November 17, 1992, the Town Council terminated the lease and management ~, ...... + "~+~.,.~ ~,~-~'~-~"~ ,,,,~w,^'~- ,~.,'-~ upon Janelle's default of its lease and management agreem~aL with the town; and WHEREAS, on November 18, 1992, the town entered into a new transition lease and management agreement with Janelle Aviation, Inc., on a month to month basis for a period not to exceed ninety (90) days; and WHEREAS, on December 21, 1992, the Town Council authorized the town manager to provide the necessary thirty (30) day notice to terminate the transition lease with Janelle Aviation, Inc.; and -12- 435 WHEREAS, actual notice was given to Jim Haynes and Janelle Aviation, Inc., on December 21, 1992; and WHEREAS, the Town Council also authorized the town manager to negotiate an agreement with American Beechcraft Company for a term not less than two years but not to exceed four years eleven months, to expand their fixed base operator role at the airport; and WHEREAS, the Town Council further stated the intent to temporarily expand the town's role in managing and operating Leesburg Municipal Airport; and WHEREAS, in order to provide uninterrupted continuation of services previously provided at the airport by Janelle Aviation, Inc., it is also necessary to negotiate and execute leases with Av Ed Flight School and Blue Sky Aviation, Inc.; and WHERFAS, upon expiration of such lease terms, not to exceed four years and eleven months, it is the Council's intent to publicly bid the fixed base operator services; and WHEREAS, an airport management plan, outlining the recommended restructuring of management and operational services at Leesburg Municipal Airport, was presented and reviewed by the Town Council Administration and Public Works Committee on January 5, 1993 and the Leesburg Airport Commi.,~sion on January 7, 1993; and WHEREAS, on January 7, 1993, in summary, the Airport Commission unanimously recommended that the town manager be given the authority by the Town Council to execute lease agreements commencing January 18, 1993 with American Beechcraft Company, Ay Ed Flight School, and Blue Sky Aviation, Inc., and further recommended that until airport management and operations positions are formally established in the town pay and classification plan, the Town Council appropriate funds and give the town manager authority to execute employment contracts with qualified individuals to perform airport operations on behalf of the town; and WHEREAS, the Airport Commisaion also recommended that the Town Council approve the acquisition of necessary assets from Janelle Aviation, Inc. as appraised by the town, to further ensure the uninterrupted continuation of services at the airport: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized to execute a lease and operating agreement with American Beechcraft Company, commencing January 18, 1993, in a form approved by the town attorney. The town shall lease the maintenance hangar and line shack building to American Beechcraft Company, and shall allow use of the ramps for fueling and line services by American Beechcraft Company to all customers who request such service on a 24-hour basis. The initial term of such lease and operating agreement shall be for two years, with renewal for successive annual terms by the town as authorized by the Town Council on the advice of the Airport Commission. The total term shall not exceed four years and eleven months. Consideration shall include payment of monthly rent and fuel flowage fees to the Town of Leesburg by American Beechcraft Company, consistent with the Airport Management Plan memo dated January 4, 1993. SECTION H. The town manager is hereby authorized to execute a lease with Av Ed Flight School, commencing January 18, 1993, in a form approved by the town attorney. The town shall lease appropriate office space within the terminal building, as well as a specified number of aircraft fie-down spaces on the ramp for the operation of a flight school. The initial term of the lease shall be for one year, with renewal for successive annual terms by the town as authorized by the Town Council on the advice of the Airport Commission. The total term shall not exceed four years and eleven montl~ Consideration shall include payment of monthly rent to the Town of Leesburg by Ay Ed Flight School consistent with the Airport Management Plan memo dated January 4, 1993. SECTION HI. The town manager is hereby authorized to execute a lease with Blue Sky Aviation, Inc., commencing January 18, 1993, in a form approved by the town attorney. The town shall lease appropriate office space within the terminal building, as well as a specified number of aircraft tie-down spaces on the ramp for the purpose of reconditioned aircraft sales. The initial term of the lease shall be for one year, with renewal for successive annual terms by the town as authorized by the Town Council on the advice of the Airport Commission. The total term shall not exceed four years and eleven months. Consideration SBA!! include payment of monthly rent to the Town of Leesburg by Blue Sky Aviation, Inc., consistent with the Airport Management Plan memo dated January 4, 1993. -13- 436 SECTION IV. The town manager is hereby authorized to execute employment contracts with qualified persons to perform airport management operations on behalf of the Town of Leesburg, commencing January 18, 1993. The number of positions to be contracted shall not exceed three full-time and two part-time positions. The initial term of the contracts shall be for ninety (90) days, with successive quarterly renewals by the town manager until airport management and operations positions are formally established in the town pay and classification plan or the contracting of the services. Funding for these positions shall come from the new, additional Airport Fund revenues to be received by the town, including fie-down rents, maintenance hangar rent, terminal building rents, and fuel towage fees. SECTION V. The town manager is hereby authorized to execute a lease with Eastern Aviation fuels, Inc., commencing January 18, 1993, in a form approved by the town attorney. The town shall lease the existing avgas and jet fuel storage and dispensing facilities, installed in 1984 and owned by Eastern Aviation Fuels, Inc. The town shall allow American Beechcraft Company to operate for the purpose of selling avgas and jet fuel storage and dispensing facilities, provided the town is compensated by a monthly rent payment or additional fuel towage fee. Mr. Atwell responded to a statement made earlier by Mr. Gordan in reference to the ad hoc committee that appeared to be in complete support of Janelle Aviation. He stated "having been involved with discussion with Mr. Haynes and other people at the airport as early as the middle of July expressing my concerns sometimes on a daily basis, asking questions, making suggestions from that point forward to the middle of December. Even leaving with Mr. Haynes a list of eleven to fourteen concerns that I had with his agreement some of which he answered verbally others of which I thought he would have made some written response to the Council/members of the Airport Commission to satisfy those concerns. However, anytime that we get into any invidious comparisons of fairness, we are going to win some and lose some. At one point, Mr. Haynes said can you support my proposal and I looked him square in the eye at that point and said in the absence of anything else at this point yes perhaps I can. However, should something else come along that I felt more comfortable in supporting that would certainly take place." The Council agreed to meet in special session on January 13, 1993, to discuss section VI of the resolution. MOTION On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolution was proposed and unanimously adopted. 93-7 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE I.E,,SE AGREEMENTS AND EMPLOYMENT CONTRACTS TO ASSUME THE OPERATION AND MANAGEMENT OF THE LEESBURG MUNICIPAL AIRPORT WHEREAS, on November 17, 1992, the Town Council terminated the lease and management agreement with Janelle Aviation, Inc., upon Janelle's default of its lease and management agreement with the town; and WHEREAS, on November 18, 1992, the town entered into a new transition lease and management agreement with Janelle Aviation, Inc., on a month to month basis for a period not to exceed ninety (90) days; and WHEREAS, on December 21, 1992, the Town Council authorized the town manager to provide the necessary thirty (30) day notice to terminate the transition lease with Janelle Aviation, Inc.; and WHE~, actual notice was given to Jim Haynes and Janelle Aviation, Inc., on December 21, 1992; and WItEREAS, the Town Council also authorized the town manager to aero'date an ag~-eement-~Sth American Beechcraft Company for a term not less than two years but not to exceed four years eleven months, to expand their fixed base operator role at the airport; and WHEREAS, the Town Council further stated the intent to temporarily expand the town's role in managing and operating Leesburg Municipal Airport; and WHEREAS, in order to provide uninterrupted continuation of services previously provided at the airport by Janelle Aviation, Inc., it is also necessary to negotiate and execute leases with Av Ed Flight -14- 437 School and Blue Sky Aviation, Inc.; and WHEREAS, upon expiration of such lease terms, not to exceed four years and eleven months, it is the Council's intent to publicly bid the fixed base operator services; and WHEREAS, an airport management plan, outlining the recommended restructuring of management and operational services at Lsesburg Municipal Airport, was presented and reviewed by the Town Council Administration and Public Works Committee on January 5, 1993 and the Leesburg Airport Commission on January 7, 1993; and WHEREAS, on January 7, 1993, in summary, the Airport Commiasion ul)animousiy recommended that the town manager be given the authority by the Town Council to execute lease agreements commencing January 18, 1993 with American Beechcraft Company, Av Ed Flight School, and Blue Sky Aviation, Inc., and further recommended that until airport management and operations positions are formally established in the town pay and classification plan, the Town Council appropriate funds and give the town manager authority to execute employment contracts with q. Alified individuals to perform airport operations on behalf of the town; and 0 WHEREAS, the Airport Commission also recommended that the Town Coundl approve the acquisition of necessary assets from Janelle Aviation, Inc. as appraised by the town, to further ensure the uninterrupted continuation of services at the airport~ THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized to execute a lease and operating agreement with American Beechcraft Company, commencing January 18, 1993, in a form approved by the town attorney. The town shall lease the maintenance hangar and line shack building to American Beechcraft Company, and shall allow use of the ramps for fueling and line services by American Beechcraft Company to all customers who request such service on a 24-hour basis. The initial term of such lease and operating agreement shall be for two years, with renewal for successive annual terms by the town as authorized by the Town Council on the advice of the Airport Commission. The total term shall not exceed four years and eleven months. Consideration shall include payment of monthly rent and fuel flowage fees to the Town of Leesburg by American Beechcraft Company, consistent with the Airport Management Plan memo dated January 4, 1993. SECTION H. The town manager is hereby authorized to execute a lease with Av Ed Flight School, commencing January 18, 1993, in a form approved by the town attorney. The town shall lease appropriate office space within the terminal building, as well as a specified number of aircraft tie-down spaces on the ramp for the operation of a flight school. The initial term of the lease shall be for one year, with renewal for successive annual terms by the town as authorized by the Town Council on the advice of the Airport CommL~/on. The total term shall not exceed four years and eleven months. Consideration shall include payment of monthly rent to the Town of Leesburg by Ay Ed Flight School consistent with the Airport Management Plan memo dated January 4, 1993. SECTION Ill. The town manager is hereby authorized to execute a lease with Blue Sky Aviation, Inc., commencing January 18, 1993, in a form approved by the town attorney. The town shall lease appropriate office space within the terminal building, as well as a specified number of aircraft tie-down spaces on the ramp for the purpose of reconditioned aircraft sales. The initial term of the lease shall be for one year, with renewal for successive annual terms by the town as authorized by the Town Council on the advice of the Airport Commission. The total term shall not exceed four years and eleven months. Consideration shall include payment of monthly rent to the Town of Leesburg by Blue Sky Aviation, Inc., consistent with the Airport Management Plan memo dated January 4, 1993. SECTION IV. The town manager is hereby authorized to execute employment contracts with qualified persons to perform airport management operations on behalf of the Town of Leesburg, commencing January 18, ~o w~ ..... "-- ofpo~i~ .................. ........... ur, On~ ~., b~ COuu'uc~u ~lu~ uuL e~ceetl Lhree ~tm-ume and two part-time positions. The initial term of the contracts shall be for ninety (90) days, with successive quarterly renewals by the town manager until airport management and operations positions are formally established in the town pay and classification plan or the contracting of the services. Funding for these positions shall come from the new, additional Airport Fund revenues to be received by the town, including fie-down rents, maintenance hangar rent. terminal building rents, and fuel flowage fees. SECTION V. The town manager is hereby authorized to execute a lease with Eastern Aviation -15- 438 fuels, Inc., commencing January 18, 1993, in a form approved by the town attorney. The town shnH lease the existing avgas and jet fuel storage and dispensing facilities, installed in 1984 and owned by Eastern Aviation Fuels, Inc. The town shall allow American Beechcraft Company to operate for the purpose of selling avgas and jet fuel storage and dispensing facilities, provided the town is compensated by a monthly rent payment or additional fuel flowage fee. DISCUSSION Mr. Dan Christy. a member of the ad hoc committee, addressed the Council express/ng the importance of a smooth transition - keeping the airport going. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 93-8 - RESOLUTION - ADOPTING A TOWN COUNCIL POLICY REGARDING VACANT POSITIONS WI-IE~, the town continues to provide a high level of municipal government services during a period of signifi_~nt decline in revenue; and WHEREAS, the Town Council remains particnln~rly diligent about the unnecessary expenditure of town funds; and WHEREAS, the Council's Personnel Committee has requested that legislation be considered by the full Council regarding the status of vacant positions; and WHEREAS, the Town Charter authorizes the town manager to appoint and remove town personnel within adopted budget constraints; and WHEREAS, the town manager shares the Town Council's concern and diligence regardinZ the expenditure of town funds; and WHEREAS, the town manager is responsible for the effective operation of town government to meet established town ordinances, rules and regulations and adopted policy. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby directed to report on a bi-monthly basis the town positions that become vacant and the status of their employment. The town manager is also directed to carefully consider each vacant position prior to recruiting and selecting replacement personnel to ensure that only positions essential to the town's operation are filled. VOTE Aye: Nay: Councilmembers Atwell, Bange, Blake, Trocino, UmstattA, Webb and Mayor Clem None MOTION On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 93-9 - RESOLUTION - AUTHORIZING A LAND USE PERMIT APPLICATION FOR CONSTRUCTION 439 0 Z OF WATER POLLUTION CONTROL FACILITY EFFLUENT FORCEMAIN WHEREAS, it becomes necessary from t/me to t/me for the town to obtain land Use Permits (Permits) from the Virginia Department of Tmn~portation (the Department) to install, construct, maintain and operate certain public works and public utilities projects along, across, over and upon the highway system of Virgiais; and WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia growing out of the granting to the Town of Leesburg by the Department of said Permits for the work aforesaid; THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That per the provisions of Section 1.064 of the Land Use Permit Manual of the Virginia Department of Transportation, the Town of Leesburg does hereby grant assurance to the Department that it shall in all respects comply with all of the conditions of the Permit or Permits that have been or will be, granted to the Town of Leesburg, and that the Town of Leesburg does hereby certify that it will carry liability insurance for personal injury and property damage that may arise from the work performed under Permit and/or from the operation of the permitted activity as follows: up to one million dollars ($1,000,000) each occurrence to protect the Commonwealth Transportation Board (the Board) members and Department's agents or employees; and seventy-five thousand dollars ($75,000) each occurrence to protect the Board, the Department or the Commonwealth in the event of suit. SECTION II. The Town Manager is hereby authorized to execute on behalf of the Town of Leesburg all Permits and related documents of the Department. SECTION IlL This resolution shall be a continuing resolution and shall not be revoked by the Town Council unless and until sixty (60) days written notice of any proposed revocation shall be submitted by the Town Council to the Department. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 12. MOTION On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and adopted. 93-10 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR GREENWAY FARM SECTION lA AND MODIFYING THE PERFORMAN(~E GUARANTEE AMOUNT FOR GREENWAY FARM SECTION I 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 Workm for Greenway Farm Section lA. SECTION II. The extension of municipal water and sewer for Greenway Farm Section lA is approved in accordance with Sections 15-9 and 19-18 of the Town Code. American Home Assurance Company in the amount of $262,000.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Greenway Farm Section lA. SECTION IV. The amount of the corporate surety bond from American Home Assurance Company approved by Resolution 92-192 to guarantee the installation of public improvements in Greenway Farm Section I is hereby changed from $1,351,500.00 to $1,089,500.00. -17- 440 DISCUSSION Ms. Umstattd questioned where Greenway Farms is located. Mr. Mason answered Route 15 South within the town's corporate limits. VOTE Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino On motion of, and duly seconded, the meeting was adjourned at 12:00 a.m. Clerk of Council lem, Mayor