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.
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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-