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HomeMy Public PortalAbout1993_03_2391 TOWN COUNCIL MEETING MINUTES OF MARCH 23, 1993 A regular meeting of the Leesburg Town Council was held on March 23, 1993, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg~ Virginia. The meetingwas called to order bythe Mayor. INVOCATION was given by Councilmember Trocino SALUTE TO THE FLAG was led by Town Manager Steven Brown ROLL CALL Counc/lmembers present George F. Atwell (left the meeting at 8:00 p.m.) 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 Director of Finance Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Utilities Randolph W. Shoemaker Director of Planning, Zoning and Development Michael Tompkins Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Ms. Bange, seconded by Mr. Webb, the special meeting minutes of March 4, 1993 and the regular meeting, minutes of March 9, 1993, were approved as submitted and the special meeting minutes of March 16, 1993, were approved as corrected by Councilmember Umstattd and the Town Manager. VOTE Nay: Councilmember Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. None PROCLAMATIONS MOTION On motion of Ms. Bange, seconded by Mr. Trocino, the following proclamation was proposed and unanimously adopted. A PROCLAMATION FOR OLIVE BRANCH #114 ANCIENT FREE AND ACCEPTED MASONS 175TH YEAR IN LEESBURG WHEREAS, ~ .... h ..93 mar.t-~ :he !75th year in Leesburg for Olive Branch #114 Andent Free and Accepted Mason; and WHEREAS, the anniversary will be celebrated on Saturday, April 24, 1993, with a parade from the Loudoun Museum to the lodge on Cornwall Street, with a banquet following at Carradoc Hall; and WHEREAS, the lodge has encouraged brotherhood, the use of morality and charity by the individual; and WHEREAS, at least three past mayors of Leesburg have been members, including Dewey Hilt, Kenny Rollins and Lucas D. Phillips; and WHEREAS, famous supporters and residents of the town were freemasons including Thomas Balch, Westmoreland Davis, Wilbur and Stilson Hall, Arthur Godfrey, George C. Marshall, Joe and Harry Ratio, and R. B. Rust: NOW, THEREFORE, I, James E. Clem, Mayor of the Town of Leesburg do hereby congratulate Olive Branch #114 Ancient Free and Accepted Masons on its 175th Anniversary. VOTE Aye: Councilmember Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. Nay: None MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following proclamation was proposed and unanimously adopted. PROCLAMATION CHILD ABUSE PREVENTION MONTH APRIL 1993 WHEREAS, the incidence and prevalence of child abuse and neglect have reached alarming proportions in the Untied States, where 14,229 incidents of child abuse and neglect were substantiated in Virginia during the fiscal year 1991-1992; and WHEREAS, Virginia and Leesburg face a continuing need to support innovative programs to prevent child abuse and assist parents and family members when child abuse occurs; and WHEREAS, in Virginia and Leesburg we have dedicated individuals and organizations who work daily to counter the problem of child abuse and neglect and to help parents obtain the assistance they need; and WHEREAS, all children deserve freedom from verbal, emotional, sexual, and physical abuse and neglect; and WHEREAS, we believe all children deserve to have BLUE RIBBON DAYS, including loving hugs, warm homes, tender care, parents and adults who listen and promote serf-esteem; and WHEREAS, it is indeed appropriate and fitting to focus attention upon the problem of child abuse and neglect in Virginia and Leesburg: NOW, THEREFORE, I, James E. Clem, Mayor of the Town of Leesburg, do hereby proclaim the month of April 1993 as CHILD ABUSE PREVENTION MONTH in Leesburg, and call upon our citizens to observe the month with appropriate programs, wearing of blue ribbons, and other activities. VOTE Aye: Councilmember Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. Nay: None PETITIONERS Ms. Lee Saxton., representing the LCCVB, addressed the Council in support of the LCCVB and urged the Council to continue the same level of funding for the LCCVB. Mr. Reavis SproulL a resident of 505 Edwards Ferry Road, addressed the Council. He asked that the Council consider locating a park/quiet place in every neighborhood/community within the Town of Leesburg. COUNCILMEMBER COMMENTS Mr. Atwell apologized for leaving the Council meeting early. Ms. Bange thanked Ms. Saxton for her comments regarding the LCCVB and promoting Leesburg. Mr. Webb also thanked Ms. Saxton for her remarks. He briefly updated the Council and public on the cable franchise proposal and pointed out that a public hearing will be held on Wednesday, March 24th. Mr. Blake also thanked Ms. Saxton. He thanked the town employees for their snow removal efforts during the blizzard. Ms. Umstattd also thanked Ms. Saxton and Mr. Sproull for their comments. 93 She congratulated Ms. Gladys Burke who was named Outstanding Women in Loudoun County. Mr. Trocino announced that the Town of Leesburg has received approval from the Department of Defense as a World War II Commemorative Community. MAYOR'S REPORT Mayor Clem congratulated Martha Lynch and all the participants for their efforts during the hoSPital's production of Carousel. He thanked all of the town employees for their efforts during the bliT'~ard. He pointed out that Ruby Tuesday, a new restaurant in Leesburg, is now open for business. MANAGER'S REPORT Mr. Brown briefly highlighted various items in the Activity Report. LEGISLATION 10. MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and adopted. 93-0-11 - ORDINANCE- APPROVING 'VACATION OF BOUNDARY LINES ON LOTS 26-30, TAX MAP 48C(1))~ BLOCK Ct FAIRVIEW SUBDIVISION WHEREAS, there are currently two residences constructed over the property boundaries of five lots in the Fairview Subdivision; and WHEREAS, the lots do not meet various requirements of the Leesburg Zoning Ordinance and are classified as non-conforming lots; and WHEREAS, James A. and Shirley F. Crosen, Timothy and Mary C. Kennan, and Charlene F. Rogers, owners of Lots 26-30, Fairview Subdivision, desire to locate the two existing structures on individual lots and more closely satisfy zoning ordinance regulations; and WHEREAS, on August 11, 1992, the Council held a public hearing on this application and subsequently approved the vacation of boundary lines; and WHEREAS, the approved plat did not reflect the correct owners of the property and a corrected plat has now been received: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Ordinance number 92-O-30 adopted August 11, 1992, is hereby rescinded. SECTION II. Boundary line vacation application #92-01, authorizing the vacation of boundary lines separating Lots 26-30 of Fairview Subdivision, Loudoun County Tax Map 48C((1)), Block C is hereby approved as shown on the plat of Boundary Line Adjustment and Consolidation, prepared by Ken W. Erickson and dated revised January 12, 1993. VOTE Aye: Nay: Absent: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None Councilmember AtweH i0. (b) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and adopted. 93-0-12 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE TO AUTHORIT. I~. A CHANGE IN THE SPEED LIMIT ON EDWARDS FERRY ROAD~ BE~.I~.N PLAZA STREET AND 2230 FEET EAST OF THE ROUTE 15 BYPASS 94 WHEREAS, residential and commercial development has taken place on Edwards Ferry Road in the vicinity of Heritage Way, and the Route 15 Bypass; and WHEREAS, new development currently under construction will increase traffic volumes, turning movements and add two more traffic signals to Edwards Ferry Road; and WHEREAS, the speed limit should be lowered from 35 mph to 25 mph between Plaza Street and 2230 feet east of the Route 15 Bypass; and THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-131 of the Town Code is amended to read as follows: Section 10-131. Speed Limits The maximum speed limits on streets within the town shall be 25 mph, or as prescribed in this section, and no person shall drive a motor vehicle in excess of such maximum limits. Upon the following street within the town, between the points hereinafter indicated, the maximum speed limit shall be the speed hereinafter indicated and no person shall drive a motor vehicle between such points in excess of such maximum speed limit: (1) King Street: 45 mph from Balls Bluff Road to 450 feet north of Ida Lee Drive. (2) King Street: 35 mph from First Street to 300 feet south of Country Club Drive. (3) King Street: 45 mph from 300 feet south of Country Club Drive to the south corporate limits. (4) Edwards Ferry Road: 35 mph from P-la,~,a-Str. o~ 2,230 feet east of the Route 15 Bypass to the east corporate limits. (5) Market Street: 55 mph from the east corporate limits to 320 feet east of Cardinal Park Drive. (6) Market Street: 45 mph from 320 feet east of Cardinal Park Drive to Route 15 Bypass (north e~trance). (7) Market Street: 35 mph from Route 15 Bypass (north entrance) to 1000 feet east of Fort Evans Road. (8) Evergreen Mill Road: 35 mph. (9) Masons Lane: 35 mph from South King Street to Evergreen Mill Road. (10) Tolbert Lane: 35 mph from Evergreen Mill Road to 1000 feet east of Evergreen Mill Road intersection. (11) Tolbert Lane: 45 mph from 1000 feet east of Evergreen Mill Road intersection to Sycolin Road. (12) Lawson Road: 35 mph from Sycolin Road to 1200 feet east of Sycolin Road. (13) Sycolin Road: 45 mph from the Route 15 Bypass to the south corporate limits. (14) Route ? Bypass: 55 mph exclusive of access ramps. (15) Route 15 and Route 7 Bypass: 55 mph exclusive of access ramps. (16) Route 15 Bypass: 55 mph exclusive of access ramps. (1'/) Catoctin Circle: 30 mph from Children's Center Road to West Market Street. SECTION II. The Manager shall clearly indicate by markers or signs the maximum speed limits 3/23/93 -4- established by this ordinance. SECTION III. All prior ordinance and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shah be effective April 1, 1993 and upon the place of appropriate signs and markers indicating the maximum speed limits established herein. VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councihnember AtweH 10. rd). re). (fl. (~) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the [ollowing resolutions were proposed as consent and adopted. 93-55 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE 95 GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR FOOD LION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shah execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Food Lion. SECTION II. The extension of municipal water and sewer for Food Lion is approved in accordance with Section 15-9 and 1%18 of the Town Code. SECTION III. The letter of credit from the Wachovia Bank of North Carolina confirmed by Central Fidelity Bank of Virginia serving as Wachovia's Virginia agent in the amount of $362,696.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Food Lion. 93-56 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE FOOD LION TRAFFIC SIGNAL INSTALLATION AT RT. 15 & DAVIS AVENUE 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 the Food Lion Traffic Signal Installation at Rt. 15 & Davis Avenue. SECTION II. The letter of credit from the Wachovia Bank of North Carolina confirmed by Central Fidelity Bank of Virginia serving as Wachovia's Virginia agent in the amount of $90,000.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Food Lion Traffic Installation at Rt. 15 & Davis Avenue. 93-57 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE ANTIQUE CENTER ACCESS ~ FOOD LION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shah execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for the Antique Center Access @ Food Lion. SECTION II. The letter of credit from the Wachovia Bank of North Carolina confirmed by Central Fidelity Bank of Virginia serving as Wachovia's Virginia agent in the amount of $61,667.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Antique Center Access @ Food Lion. 93-58 - RESOLUTION - AUTHORIZING THE DISTRIBUTION OF A ONE-DAY FREE PARKING PASS FOR LEESBURG VISITORS WHEREAS, the Leesburg RenaissanceBoard has recommended that a one-day free parking pass for Leesburg visitors be:distributed at the Visitor Center at Market Station, the Loudoun Museum, and the Leesburg Government Center, as a public relations tool; and WHEREAS, the Town Council Administration and Public Works Committee has also recommended that such a pass, as presented on March 16, 1993, be printed and distributed; and 3/23/93 -5- 96 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council hereby authorizes the printing of a Town of Leesburg one-day free parking pass as presented to the Administration and Public Works Committee on March 16, 1993. Each pass shah be good for only one designated day at a time for parking at public parking metered spaces and public parking lots around town. The pass shah be distributed at the Market Station Visitor Center, the Loudoun Museum, the Loudoun Chamber of Commerce, and the Leesburg Government Center reception desk. The pass is to be displayed inside the visitor's front vehicle windshield. SECTION II. No change is made to the existing 3 hour free parking policy within the Municipal Parking Garage at this.time. However, the Town Manager is requested to supplement existing Park & Shop, and Visitor/rourist Center signage to indicate that there is free parking at those locations. VOTE Nay: Absent: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Atwell Il. (e) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 93-59 - RESOLUTION - AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL FOR APPLICATION #ZM134 HARPER PARK REZONING, TOWN PLAN AMENDMENT AND SPECIAL USES BY THE MISSION BANK OF MISSION KANSAS, UNDER CHAPTER 11, TITLE 15.1-431 OF THE 1950 CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing with the Town Council to consider rezoning application #ZM-134 Harper Park shah be published in the Loudoun Times-Mirror on March 31, 1993 and April 7, 1993 for the public hearing on April 13, 1993 pursuant to Section 15.1431 of the 1950 Code of Virginia, as amended. The public hearing shah begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shah be held in the Town of Leesburg Council Chambers, 25 West Market Street, Leesburg, Virginia. The clerk shall publish notice of this hearing and the Council's intention to consider the rezoning application. DISCUSSION Ms. Umstattd asked what the reasons were for the Planning Commission recommending denial? Mr. Tompkins stated that he did not recall the exact reasons other than the Planning Commission felt that the proposal did not meet certain portions of the Town Plan. The Planning Commission was concerned that the proffers had not been worked out at this stage. Ms. Umstattd asked if there was any concern that this application was not ready for public hearing? Mr. Tompkins stated no. Mr. Webb concurred with Mr. Tompkins statement, further stating that the transportation plan is not ready. Ms. Umstattd asked for a brief synopsis of what the rezoning would accomplish on the property. Mr. Tompkins stated that the application is for several hundred single-family homes, several hundred townhouse units and a significant portion of the property is reserved for office type uses - a hospital site Ms. Umstattd stated that she would vote against the application at this time because there has not been sufficient information given to the public and because the Planning Commission recommended denial. VOTE Aye: Nay: Absent: Councilmember Bange, Blake, Trocino, Webb and Mayor Clem Councilmember Umstattd Councilmember Atwell lo. MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed. 3/23/93 -6- O A RESOLUTION: ENCOURAGING LEESBURG RENAISSANCE AND OTHER SPECIAL EVENT SPONSORS TO UTILIZE SITES OTHER THAN DOWNTOWN STREETS FOR FUTURE EVENTS WHEREAS, the town's Ad Hoc Special Events Committee on February 9, 1993, recommended that the Town Council minimize the closing of downtown streets for special events to reduce the impact on traffic flow and on downtown businesses; and WHEREAS, the Special Events Committee also recommended downtown streets continue to be used for August Court Days, Bluemont Concert Series and First Night Leesburg. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby directed to notify Leesburg Renaissance and other special event sponsors to consider appropriate sites other than downtown streets for staging future events, excluding events for which specific approval to close streets has already been granted. DISCUSSION Mr. Fincher, representing the Leesburg Renaissance, addressed the Council. He stated that generally LRI supports the Council's decision to minimize the closure of the downtown streets and take a look at other venues that the town has to offer for special events. He stated that LRI questions what the objective in the proposed resolution is. He stated that LRI suggests not adopting the resolution and giving the town manager, through the Council's guidance, the means for encouraging special event sponsors to use other areas of the town. If a resolution is needed, LRI suggests the deletion of the three events in the resolution and also that LRI not be singled out. LRI is only one of many organizations that do special events in town. Mr. Fincher stated that if this resolution is intended to prevent any further events in the downtown, except for the three events listed, then LRI strongly objects. Mr. Fincher expressed a legal concern with the proposed resolution, in that, it contains no standards for determining what organizations will be able to hold events downtown and which won't. He asked that the resolution be tabled and that LRI be given the opportunity to work with the town to setforth some certainty in this process. MOTION On motion of Mr. Trocino, seconded by Mr. Blake, this matter was referred to the April 6, 1993, Administration and Public Works Committee for further consideration and discussion. VOTE Nay: Absent: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None Councihnember AtweH ~o. (i) MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and adopted by a roll c. aH vote of 6-0-1. 93-60 - RESOLUTION - AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993 The Town of Leesburg, Virginia ("Town") has issued the general obligation bonds described in Exhibit' A to this Resolution and the Town Council proposes to authorize the issuance and sale of general obligation bonds of the Town ("Bonds") to refund aH or a portion of the outstanding principal amount of the bonds listed on Exhibit A ("Refunded Bonds"). THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 1. Authorization of Bonds and Use of Proceeds. The Town Council hereby determines that R is advisable to contract a debt and to issue and sell the Bonds in the maximum principal amount of $21,000,000, which amount is anticipated to be sufficient to amortize th-e~pffnL-ip-al 0~ hnd~Pr'emium, if any, and interest on the Refunded Bonds and to pay aH expenses reasonably incurred in connection with the issuance and sale of the Bonds. The issuance and sale of the BOnds are hereby authorized. The proceeds from the issuance and sale of the BOnds shah be used to amortize the principal of and premium, if any, and accrued interest on the Refunded Bonds and to pay the costs of issuing the Bonds. 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 Town Council shah levy an annual ad valorem tax upon aH 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 shah become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 07 30.3/93 -7- 98 3. Redemption and Payment of Refunded Bonds; Escrow A~-eement. The Town Manager is authorized and directed to execute and deliver an Escrow Agreement between the Town and an Escrow Agent to be selected by the Town Manager providing for the irrevocable deposit of proceeds of the Bonds (and other available money, if any) sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and premium, if any, and interest on the Refunded Bonds. The Town Manager is authorized and directed to determine the maturities of the bonds to be called for redemption (provided that the refunding of any Refunded Bonds which constitutes an "advance refunding" shah produce a Present Value Savings Ratio, as defined in the State Council on Local Debt Guidelines of not less than .03 (3%)), to irrevocably call for redemption the Refunded Bonds and to provide for notice of such redemption to be published or sent to the registered owners of the Refunded Bonds, as appropriate. 4. Sale of Bonds. The Town Council authorizes the sale of the Bonds in the aggregate principal amount to be determined by the Town Manager, but not to exceed the maximum amount set forth in paragraph 1, to Alex. Brown & Sons Incorporated, as underwriter ¢'Underwriter'). The Town Manager and the Mayor, or either of them, are authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriter, providing for the sale and delivery of the Bonds upon terms and conditions to be approved by such officers, provided that (i) the true interest cost of the Bonds shall not exceed 8.0%; (ii) the final maturity of the Bonds shall not be later than the final maturity of the Refunded Bonds; and (iii) the sale price of the Bonds to the Underwriter, excluding original issue discount, if any, shall not be less than 97% of the aggregate principal amount thereof. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement by either of them. 5. Details of Bonds. The Bonds shah be issued upon the terms established pursuant to this Resolution and the Bond Purchase Agreement or such other terms as may be set forth by subsequent resolution of the Town Council. The BOnds shah be issued in fully registered form, shah be dated such date as the Director of Finance may approve, shah mature in the years and amounts set forth in the Bond Purchase Agreement, shah bear interest payable semi-annually at the rates set forth in the Bond Purchase Agreement, shah be in the denominations of $5,000 each or whole multiples thereof and shah be numbered from R-1 upwards consecutively. The Town Manager is authorized and directed to approve such optional redemption provisions for the BOnds as he determines to be in the best interest of the Town. 6. Form of Bonds. The BOnds shah be in substantially the form attached to this Resolution as Exhibit B, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution or subsequent resolution of the Town Council. There may be endorsed on the BOnds such legend or text 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. Printed or Book-Entry-Only Form. The Bonds shall be issued in book-entry-only form. The Bonds shah 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 Bonds, and immobilized in the custody of DTC. One fully-registered Bond in typewritten or printed form for the principal amount of each maturity of the Bonds shall be registered to Cede & Co. Beneficial owners of the Bonds shah not receive physical delivery of the Bonds. Principal, premium, if any, and interest payments on the Bonds shah be made to DTC or its nominee as registered owner of the Bonds on the applicable payment date. Transfer of ownership interest in the BOnds shah be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the BOnds in accordance with rules specified by DTC and its Participants. The Town shall notify DTC of any notice required to be given pursuant to this Resolution or the 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. Replacement Bonds (the "Replacement Bonds") shah be issued directly to beneficial owners of the 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 Bonds; or (ii) duties; or The Town has advised DTC of its determination that DTC is incapable of discharging its (iii) The Town has determined that it is in the best interest of the beneficial owners of the Bonds or the Town not to continue the book-ent~ syst_em of transfer. Upon occurrence of the event described in (i) or (ii) above, the Town shaii atiempt to locate another qualified securities depository. If the Town fails to locate another qualified securities depository to replace DTC, the Town Council shah execute and deliver Replacement Bonds substantially in the form set forth in Exhibit B attached hereto to the Participants. In the event the Town Council, in its discretion, makes the determination noted in (i) or (iii) above and has made provisions to notify the beneficial owners of the 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 B attached hereto to any Participants requesting such Replacement Bonds. Principal of and interest on the Replacement Bonds shah be payable as provided in this Resolution and in the Bonds and such Replacement Bonds will be transferable in accordance with the provisions of paragraph 11 and 12 of this Resolution and the Bonds. 8. Appointment of Bond Registrar and Paying Agent. The Town Manager is authorized and directed to appoint a Bond Registrar and Paying Agent for the Bonds. The Town Council may appoint a subsequent registrar and/or one or more paying agents for the Bonds by subsequent resolution and upon givingwritten notice to the owners of the Bonds specifying the name and location of the principal office of any such registrar or paying agent. 9. Execution of Bonds. The Mayor of the Town and the Clerk of the Town Council are authorized and directed to execute appropriate negotiable BOnds and to affix the seal of the Town thereto and to deliver the Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Mayor and the Clerk are both by facsimile, the Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 10. 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 of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the Town and any officer or agent of the Town, by reason of any inaccuracy~ error or omission with respect to such numbers. 11. Registration~ Transfer and Exchange. Upon surrender for transfer or exchange of any Bond at the principal 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 reasonably satisfactory to the Town and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No 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 Resolution 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 registered owner 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. Non-Arbitrage Certificate and Tax Covenants. The Town Manager and such officers and agents of the Town as he may designate are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code'), including the provisions of Section 148 of the Code and applicable regulations relating to 'arbitrage bonds.' The Town 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. 14. Disclosure Documents. The Mayor of the Town and the Town Manager, or either of them, and such officers and agents of the Town as either of them may designate are hereby authorized and directed to prepare, execute and deliver an appropriate preliminary official statement, official statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Bonds. The preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner and at such times as the Director of Finance shall determine. The Director of Finance is authorized and directed to deem the preliminary official statement 'final' for purposes of Securities and Exchange Commission Rule 15c2-12. 15. State Council on Local Debt. The Bonds which constitute an 'advance refundin~ shall not be issued or sold until such issuance has been approved by the State Council on Local Debt ("SCLD'). The Town Manager and the Director of Finance, and such officers and agents of the Town as either of them may designate are authorized and directed to apply to the SCLD for approval of the issuance of the Bonds to refund the Refunded Bonds. 16. Further Actions. The Mayor of the Town and the Town Manager and such officers and agents of the Town as either of them may designate are authorized and 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 ratified and confirmed. 17. Effective Datel Applicable Law. In accordance with Section 15.1-227.2 of the Act, the Town Council elects to issue the Bonds pursuant to the provisions of the Public Finance Act of 1991. This Resolution shall take effect immediately. DISCUSSION 100 Ms. Umstattd explained that the Town of Leesburg is not incurring additional debt. The town is replacing one form of debt with another with a lower interest rate to save hundreds of thousands of dollars over the next few years. Mr. Clem stated that he has received several calls applauding the town for doing this. VOTE Aye: Councilmember Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmember Atwell 10. fi) MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and adopted. 93-61 - RESOLUTION - AUTHORIZING AN AUDITING SERVICES CONTRACT WITH YOUNT, HYDE & BARBOUR, P.C. WHEREAS, on March 24, 1992, the Leesburg Town Council awarded a contract to the certified public accounting firm of Yount, Hyde & Barbour, P.C. for the purpose of providing the town with auditing services for the fiscal year ending June 30, 1992; and WHEREAS, the contract allowed for the option to renew for the subsequent two years; and WHEREAS, it is recommended that the Town Council continue the contract with Yount, Hyde & Barbour, P.C. for auditing services for the year ending June 30, 1993. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to execute a contract with Yount, Hyde & Barbour, P.C. for auditing services for the fiscal year ending June 30, 1993. The fee for these services will be $24,000. VOTE Aye: Councilmember Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent Atwell 10. (k) MOTION On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and adopted. 93-62 - RESOLUTION - MAKING AN APPROPRIATION FOR ROADWAY IMPROVEMENTS TO WIDEN THE EASTBOUND LANE OF EDWARDS FERRY ROAD BETWEEN THE ENTRANCE OF SHENANDOAH SQUARE SHOPPING CENTER AND THE ROUTE 15 BYPASS WHEREAS, the intersection of the Route 15 Bypass and Edwards Ferry Road is an important regional road connection; and WHEREAS, improvements to the south side of Edwards Ferry Road (eastbound lane) were not included with the road work agreed to by the Shenandoah Square Shopping Center; and WHEREAS, the existing single eastbound lane between the entrance of Shenandoah Square Shopping Center at the Route 15 Bypass will not adequately handle the anticipated traffic and will likely cause back-ups and delays; and WHEREAS, funds for this project were not incluclecl in Rte 1~'Y93 0uclget; anti WHEREAS, the Town's regional highway transportation proffer account contains sufficient funds to cover the estimated $175,000 cost of this highway system improvement project. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Capital Projects Fund budget for the fiscal year ending June 30, 1993 is hereby amended to provide $175,000 of regional highway transportation proffers for widening the eastbound lane of Edwards Ferry Road between the entrance of Shenandoah Square Shopping Center and Route 15 Bypass. SECTION II. An appropriation is made in the amount of $175,000 to the Highway Capital Projects 3/23/93 -10- Fund account #902-9214-700-730 and will remain in effect until the project is completed. VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmember Atwell 10. 0~ MOTION On motion of Mr. Trocino, seconded by Ms. Bange, the following resolution was proposed and adopted. 93-63 - RESOLUTION - URGING THE LOUDOUN COUNTY BOARD OF SUPERVISORS TO 101 LOCATE ITS CENTRAL GOVERNMENT FACILITY IN DOWNTOWN LEESBURG WHEREAS, on March 11, 1993, the Board of Supervisors Public Senrices Committee discussed Phase II of the County Workspace Study and adopted a recommendation to co-locate services in a central facility at a site between the western town limits of Leesburg and Ashburn Village Boulevard; and WHEREAS, the county staffs Workspace Study recommended a facility of 242,000 square feet of consolidated office space; and WHEREAS, Loudoun County owns 16.26 acres in downtown Leesburg which can accommodate the recommended 242,000 square feet of office space; and WHEREAS, on July 28, 1992, the Town Council adopted Resolution No. 92-141 which accepted the Board of Supervisors July 6, 1992, invitation to participate in the county office selection process and established an ad hoc committee to work toward keeping the county offices in or near Leesburg's Historic District; and WHEREAS, the location of the county government's central facility in Leesburg continues the historic tradition of the retention of the county seat in Leesburg; and WHEREAS, the county government center has been a vital economic development asset for the Town of Leesburg for 232 years; and WHEREAS, the Town Council on November 8, 1988, adopted Resolution No. 88-216, encouraging the Board of Supervisors to retain Leesburg as the site of its government; and WHEREAS, Leesburg offers an unsurpassed quality of life, a central, convenient location for county residents, and first-class municipal services, all of which will benefit present and future county employees, elected officials and citizens; and WHEREAS, the Town Council wishes to publicly express its desire to work to retain county government in Leesburg's Historic District. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. This Council strongly urges the Loudoun County Board of Supervisors to co-locate the central county government facilities in or near downtown Leesburg. SECTION II. The Council strongly urges that the county utilize the 16.26 acres it currently owns in downtown Leesburg to construct the central county government facilities. SECTION III. The Town Council, town manager, and the town's ad hoc committee pledge to work closely with the Board of Supervisors and county staff to keep the central county government facility in or near downtown Leesburg. VOTE Aye: Councilmembers Bange,Biake, Trocino, Un~tattd, Webb and Mayor Clem Nay: None Absent: Councilmember Atweil NEW BUSINESS 11. (a) MOTION On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and adopted. 3/23/93 -11- 102 93-64 - RESOLUTION - APPROVING A REIMBURSEMENT AGREEMENT FOR WATERLINE CONSTRUCTION WHEREAS, the Phase I Western Pressure Zone Water System Improvement Project includes the construction of approximately 91 linear feet of 16" waterline and 191 linear feet of 6" waterline at the intersection of Country Club Drive and Route 15; and WHEREAS, the installation of this water system improvement is necessary for Trafalgar House Property, Inc., to proceed with the Greenway Farm site development; and WHEREAS, construction of this project by the town was delayed for two years due to insufficient funds and is not scheduled for construction until July, 1993; and WHEREAS, Trafalgar House Property, Inc., has secured bids for this work from three contractors, the lowest of which was William A. Hazel, Inc., in the amount of $30,065.85; and WHEREAS, funds for this project have been appropriated in the FY 1993 Utility Fund budget; THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is hereby directed to execute a Reimbursement Agreement with Trafalgar House Property, Inc., in a form approved by the Town Attorney, in the amount of $30,065.85 for construction of a waterline. VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmember Atwell MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 93-65 - RESOLUTION - COMMENDING TOWN EMPLOYEES FOR THE PROMPT REMOVAL OF SNOW AND ICE FROM TOWN STREETS DURING AND AFTER THE BLIZZARD OF MARCH 13, 1993 WHEREAS, a blizzard dumped thirteen inches of snow and ice on Leesburg during the weekend of March 12-14, 1993; and WHEREAS, the snow and ice created treacherous traveling conditions on town roads and streets; and WHEREAS, town employees operated various pieces of town equipment day and night removing the snow and ice, rescuing drivers and their vehicles and responding effectively to emergency conditions and citizen complaints; and WHEREAS, the efforts of town employees above and beyond the call of duty ensured the safety of the community and expedited the community's economic and social recovery; and WHEREAS, this Council wishes to recognize and commend the extraordinary effort of the town employee team responsible for the prompt and efficient delivery of needed municipal services during an emergency situation. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Bob Lilly, David Frye, Terry Frye, Mary Frye, Scott Lincoln, Gary Burner, Jackie Mabe, James Waters, Bill Allison, Eddie Brown, Alfred Burke, Earl Cogie, Bill Frye, Bob Kelley, Keith Kitzmiller, Melvin Lucas, Steve Lucas, Tim Mabe, James Pearson, Randy Pearson, Lewis Prather, Mark Crim, Ken Bryan, Nelson Downs, Brian Tribby, Chris Campbell and Jim Maddox are hereby recognized and commended for their outstanding effort above and beyond Cae call o£ duty in response to the chailcn8~ pr~senied by the "Blizzard of 1993." VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmember Atwell On motion of, and duly seconded, the meeting was adjourned at 8:55 p.m. ? ' James E. Clem, Mayor Cler-k of Coh~il 0 3/23/93-12-