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HomeMy Public PortalAbout1993_04_2729 TOWN COUNCIL MEETING MINUTES OF APRIL 27, 1993 A regular meeting of the Leesburg Town Council was held on April 27, 1993, at 7:30 p.m.,in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor. INVOCATION was given by Mr. Donald A. Kimball. SALUTE TO THE FLAG was led by Councilmember George F. Atwell. ROLL CALL Councilmembers 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 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 Zoning Administrator Scott Johnson Capital Projects Coordinator Barry Thompson 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 3, 1993 and April 21, 1993, were approved as written. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem Nay: None Abstain: Councilmember Umstattd MOTION On motion of Ms. Bange, seconded by Mr. Webb, the regular meeting minutes of April 13, 1993 and the special meeting minutes of April 20, 1993, were approved as written. VOTE Aye~ Nay: Councilmembers AtwelL Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None PROCLAMATIONS: MOTION On motion of Ms. Bange, seconded by Mr. Blake the following proclamation was proposed and unanimously adopted. A PROCLAMATION OF RECOGNITION OF NATIONAL DAY OF PRAYER 1993 WHEREAS, since the Continental Congress first declared a National Day of Prayer in 1775, 30 Americans have acknowledged the need to look to their Creator for guidance, strength, and protection ;and WHEREAS, during the course of our Nation's history all Americans have been encouraged to pray for our Nation and it's leaders during times of both national/international strife and prosperity; and WHEREAS, in 1988 the United States Congress, by unanimous vote of both houses, designated the first Thursday in May to be our Annual National Day of Prayer; and WHEREAS, this year that day will fall on May 6 with the designated theme of "take 5 minutes at 12 noon" to pray for the future of America; and WHEREAS, the National Day of Prayer is a call to all Americans to unite in prayer to help us renew our commitment to our moral and spiritual heritage, express thanksgiving for our Nation, and acknowledge the divine sovereignty of our God over nations and peoples; and WHEREAS, the Governor of the Commonwealth of Virginia has signed a certificate of Recognition of the National Day of Prayer for 1993 calling its significance to the attention of all our citizens; and WHEREAS, the National Day of Prayer observance has been scheduled and permitted, and will occur on the lawn of the county court house in the Town of Leesburg at 12:00 noon on Thursday, May 6, 1993: THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Leesburg that all citizens be informed of this significant event in the life of our Country and be encouraged to participate in National Day of Prayer observances on May 6, 1993. VOTE Aye: Councilmembers ~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 Employee Health and Fitness Day May 19, 1993 WHEREAS, employee fitness programs can reduce absenteeism and turnover, while increasing productivity in the workplace; and WHEREAS, the month of May is National Physical Fitness and Sports Month; and WHEREAS, the National Association of Governors' Councils on Physical Fitness and Sports, the Association for Fitness in Business, and the Allstate Life Insurance Company are sponsoring the fourth annual National Employee Health and Fitness Day on Wednesday, May 19, 1993; and WHEREAS, National Employee Health and Fitness Day provides the opportunity for employers to introduce a fitness program to their employees; and WHEREAS, more than 3,100 employers participatedin last year's Employee Health and Fitness Day across the United States; and WHEREAS, more than one-half million employees are expected to participate in non-competitive physical fitness activities this year: THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg in Virginia hereby declares May 19, 1993, as Employee Health and Fitness Day in the Town of Leesburg and encourages all persons to take advantage of free admission and activities at Ida Lee Recreation Center. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None PETITIONERS Mr. B. Powell Harrison addressed the Council with regard to the potential move by the hospital. He asked that the Town Council address a letter to the Board of Directors of the hospital and encourage them to 4/27/93 - 2 - 31 remain in their current location. Dr. Travis Sample, representing Shenandoah University, addressed the Council with an update of the progress of the university's Leesburg office. Ms,. Lvnda Kemp, a resident of 17 Adams Drive, N.E., addressed the Council requesting the Council to consider installation of a sidewalk on the south side of Edwards Ferry Road. Mr. Stephen Axeman, a resident of Tavistock Farms representing the Greater Leesburg Citizens Association, addressed the Council stating the purpose of the newly formed association. He stated that the main purpose of the citizen's group is to provide better communication between the Town of Leesburg and the town's citizens. Mr. Alton Echols addressed the Council. Mr. Echols' statement is attached and made a part of the official record. PUBLIC HEARING to consider amending Section $B-4(9) of the LeesburR ZoninR Ordinance to reduce the twice monthly meeting of the Board of Architecturnl Review to once a month Mr. Brown and Mr. Johnson provided a brief staff summary and explanation of the proposed legislation. There was no public comment. The Mayor closed the public hearing. COUNCILMEMBER COMMENTS Mr. Webb had no comment. Mr. Blake suggested that a committee be formed for the Thomas Balch Library. He asked that staff look into the dedication of the Balls Bluff Cemetery. Ms. Umstattd asked why it took two town employees to read water meters. With regard to the Clean Air Act and ICETEA and the effect these will have on the town - there are things coming down the pike that will have serious impacts on the town, county and aH jurisdictions. Because Leesburg and Loudoun County fall within a non-attainment zone for ozone, the town is going to be under much stricter regulations regarding automobile emissions. The town needs to learn more about the kind of sanctions that might be imposed on the town if we don't implement better pedestrian access. Some sanctions that could be imposed are: a moratorium on development, sanctions on businesses that do not support mass transit for their employees, a limitation on parking spaces allowed to businesses. She asked that staff prepare for what is coming. Mr. Trocino stated that he was pleased to see the success of the flower and garden show and the South Wall Fantasy. He stated that the Leesburg Advantage group has talent that can be offered to the town, particularly in marketing. He stated that he is happy to see the way the Town and the LCSA are working together to resolve the issue of the location of the LCSA's proposed water intake facility. Mr. Atwell echoed Mr. Blake's comments with regard to the Balch Library. He thanked Mr. Harrison for his comments. Ms. Bange congratulated the Christmas in April participants and the Olive Branch Masons. The Rebecca Lodge ceremony and the VFW celebration of loyalty are scheduled for Sunday. MAYOR'S COMMENTS Mayor Clem stated that the Little League season began on Saturday. He commented on the success of the flower and garden show. He echoed Mr. Harrison's comments with regard to the hospital. MANAGER'S REPORT 4~7~3 -3- 32 Mr. Brown briefly reviewed the Activity Report. LEGISLATION 11. (a) MOTION On motion of Mr. Blake, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 93-0-14 - ORDINANCE - AMENDING CHAPTER 15, ARTICLE III AND CHAPTER 19, ARTICLE III OF THE TOWN CODE REGARDING UTILITY FEES WHEREAS, Ordinance No. 92-0-17, adopted June 23, 1992, included annual rate increases for water and sewer user fees to fund the town's utility system and meet the costs of its operating expenses, debt services and capital projects through fiscal year 1996; and WHEREAS, bids received on the Water Pollution Control Facility Expansion and Upgrade were approximately $4.0 million less than programmed costs for the project; and WHEREAS, a financial forecast model, reflecting the increased revenue and project savings, indicates a sufficient utility fund balance and revenue coverage ratio without increasing water and sewer user fees throughout fiscal year 1994; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. 'Chapter 15, Article III and Chapter 19, Article III of the Town Code, are hereby amended as follows: Sec. 15.57. Charge where connection made to both water and sewer system. Where connection has been made to both the'town water and sewer system, the charge for use of the sewer system shah be based on time and quarterly water meter readings taken to the nearest 1,000 gallons as follows: for premises inside the town, the rate beginning July 1, 1992, shall be $2.25 per quarter plus $3.21 per 1,000 gallons, beginning July 1, 1994, $3.~ $3.53 per 1,000 gallons, and beginning July 1, 1995, $4,22 $3.88 per 1,000 gallons. Sec. 15.58. Charge where connection made to sewer system only--generally. Where connection has been made to the town sewer system only, the charge for use of the sewer system shah be as follows: for premises inside the town, the charge shall be $59.00 per quarter beginning July 1, 1992, $7!.50 $65.00, beginning July 1, 1994, and $79.00 $71.50 beginning July 1, 1995. Sec, 19-45. Rates established. The charge for use of water from the town water system shah be based on quarterly meter readings taken to the nearest 1,000 gallons at the following rates: for premises inside the town, the rate beginning July I, 1992, shah be $2.25 per quarter, plus $2.67 per 1,000 gallons, beginning July 1, 1994, $3,g3 $2.93 per 1,000 gallons and beginning July I, 1995, $3.55 $3.23 per 1,000 gallons. Sec. 19-47. Rate for water drawn at public meter. The charge for each purchase of water drawn at the public meter at the water treatment plant shah be $3.00 plus $3.75 per 1,000 gallons of aL water drawn beginning July 1, 1992, $4.60 $4.15 per 1,000 gallons, beginning July 1, 1994, and $5.00 $4.60 per 1,000 gallons beginning July 1, 1995. SECTION II. This ordinance shall be effective July 1, 1993. VOTE Aye: Councilmembers AtweH, Bange, Blake, Trocino, Umstattd, Webb mad Mayor Clem Nay: None 11. MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following ordinance was proposed and unanimously adopted. 4~7D3 -4- 33 93-0-15 - ORDINANCE - AMENDING SECTION 5B-4(9) OF THE LEESBURG ZONING ORDINANCE TO REDUCE THE TWICE MOWI~LY MEETING OF THE BOARD OF ARCHITECTURAL REVIEW TO ONCE A MONTH WHEREAS, on January 26, 1993, Council initiated a Zoning Ordinance amendment to reduce the number of monthly Board of Architectural Review meetings; and WHEREAS, on March 4, 1993, the Planning Commission held a public hearing on this proposed amendment and subsequently forwarded a positive recommendation to Council; and WHEREAS, on April 27, 1993, Council held a public hearing on this proposed amendment and no one spoke against the proposed amendment: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 5B-4(9) of the Leesburg Zoning Ordinance is hereby amended as follows: Section 5B-4. Application to Board for H-2 Architectural Control District Certificate of Approval. (9) Public Meetings Required. The Board shall meet at least m4c~ once monthly to consider applications for COA's. The Meetings of the Board shall be open to the public and a full land impartial hearing shall be granted to the applicant. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage. VOTE Aye: Nay: H. (e? Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None MOTION On motion of Mr. Trocino, secondedby Ms. Umstattd, the following ordinancewas proposed and unanimously adopted. 93-0-16 - ORDINANCE - AMENDING THE TOWN CODE TO CHANGE ONE METERED PARKING SPACE ON EAST MARKET STREET TO A LOADING ZONE WHEREAS, the management/ownerof the Tradition Restaurant has requested that the metered space directly in front of the restaurant be changed to a loading zone to allow deliveries to the restaurant; and WHEREAS, the one existing loading zone on East Market Street between King Street and Church Street is currently used by the Loudoun Times Mirror for deliveries; and WHEREAS, a loading zone at the proposed location will benefit and improve deliveries to local businesses. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sec. 10-171. Establishment of meter zones and parking time limits therein. Parking meter zones with the following time limits for lawful parking are established as follows: (1) West side of King Street, between Loudoun Street and North Street, for two-hour parking at any one time except for that area designated at the northwest corner of King Street and Market Street as a no parking from here to corner zone. (2) East side of King Street, between Virginia Power right-of- way and 180 feet south of Royal Street, for two-hour parking at any one time. 4~7D3 -5- 34 (3) South side of Market Street, 2~d from 100 feet west of Church Street to 120 feet west of Liberty Street for two- hour parking at any one time, with the following exceptions: the time limit for lawful parking shall be 15 minutes at any one time in front of the Post Office on Market Street and the time limit for lawful parking shall be three hours at any one time at five spaces immediatelywest of Wirt Street and five spaces between Liberty Street and the entrance of the Presbyterian Church parking lot and the space in front of the theater shall be a 15-minute loading zone between 5:00 P.M. and midnight. (4) East side of Church Street, between Edwards Ferry Road and Cornwall Street, for two-hour parking at any one time, except spaces reserved for official cars of the state and town police and the County SherifFs Department. (5) North side of Loudoun Street, between Wirt Street and Church Street, for two-hour parking at any one time. (6) Municipal parking area known as Vinegar Hill parking lot between Loudoun Street and South Harrison Street, for four-hour parking any one time. (7) Municipal parking area known as South Harrison Street, parking lot between South Street and South Harrison Street for four-hour parking at any one time. (8) East and west side of South Harrison Street, between Loudoun Street and 160 feet north of Depot Court, for two-hour parking at any one time except as hereafter provided. (9) East and west side of South Harrison Street at southern most point of parking bay in front of 202 Harrison Street, S.E. for up to ten-hour paid parking. (10) South side of Loudoun Street, between East Market Street and 160 feet east of South Harrison Street, for three-hour parking at any one time. (11) Municipal parking area on the south end of Liberty Street, with the exception of the southern-most 126 spaces which will be offered for permit-only parking. (12) East side of Wirt Street between Loudoun Street and Market Street plus two meters immediately north of Market Street for one-hour parking at any one time. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon passage. VOTE Aye: Councilmembers Atweil, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None ll. Ms. Umstattd asked that this be referred to the May 4, 1993, Administration and Public Works Committee for further consideration. 11. (e). (f). MOTION On motion of Ms. Bange, seconded by Mr. Blake, the following resolutions were proposed as consent and unanimously adopted. 4/27/93 - 6 - 35 93-80 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING THE PERFORMANCE GUARAIxrFEE FOR EXETER SECTION 3 WHEREAS, Pulte Home Corporation, the developer of Exeter Section 3, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $968,573.00 from Nations Bank was provided by the developer to guarantee the installation of public improvements in Exeter Section 3. The letter of credit automatically renews for one-year periods of time. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Nations Bank in the amount of $968,573.00 is approved to guarantee the installation of public improvements in Exeter Section 3. SECTION II. A time extension to April 29, 1994 for completion of the public improvements is approved. 93-81 - RESOLUTION - ACCEPTINGPUBLIC IMPROVEMENrI'S, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT EXETER SECTION 8 WHEREAS, Richmond American Homes, the developer of Exeter Section 8, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company in the amount of $117,878.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $29,469.40 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 93-82 - RESOLUTION - AUTHORIZING LEESBURG RENAISSANCE TO USE THE NORTH AND SOUTH TOWN GREEN, MUNICIPAL GOVERNMENT CENTER AND MUNICIPAL PARKING FACILITY LAWN DURING THE TASTE OF LEESBURG FOOD FESTIVAL WHEREAS, Leesburg Renaissance Inc. is planning the third annual Taste of Leesburg Food Festival for Saturday, June 26, 1993, from 11 a.m. to 6 p.m.; and WHEREAS, this year's festival will be at Market Station and the town office to eliminate the need to close downtown streets; and WHEREAS, Leesburg Renaissance has requested permission to use the north and south greens of the Municipal Government Center and lawn fronting the parking facility along Loudoun Street for vendors and displays; and WHEREAS, LRI has also requested permission to use the town office lobby, Town Council Chambers and lower level meeting room for entertainment; and WHEREAS, food and drink will be permitted only on the lower level. THEREFORE, RESOLVED 't~y the Council and the Town of Leesburg in Virginia as follows: Leesburg Renaissance is hereby authorized to use the north and south town green, Council Chambers, lower level meeting room, and parking facility lawn for the third annual Taste of Leesburg food festival on Saturday, June 26, 1993. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 4~7~3 -7- 36 11. (h) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolution was proposed and unanimously adopted. 93-83 - RESOLUTION - AUTHORIZING THE AWARD OF AN ANNUAL CONTRACT FOR REFUSE COLLECTION TO GRAYSON'S REFUSE SERVICE WHEREAS, the current contract for refuse collection expires June 30, 1993; and WHEREAS, the lowest responsive and responsible bid to provide refuse collection service was submitted by Grayson's Refuse Service, Inc.; and WHEREAS, in addition to satisfactorily complying with all requirements of the bidding documents, Grayson's Refuse Service, Inc. has, through over fifteen years of satisfactory performance, established itself as a highly reliable service provider to the town; and WHEREAS, the terms of the contract provide for renewal for four additional years by mutual agreement to the terms thereof; and WHEREAS, sufficient funds have been budgeted for the provision of this service in the proposed budget for FY94. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized to enter into a contract with Grayson's Refuse Service to provide town refuse collection service for the period of July 1, 1993 to June 30, 1994 in accordance with the terms of the bidding documents dated March, 1993 and the unit prices and lump sum bid in the proposal received on April 9, 1993. VOTE Nay: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None 11. (i) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolution was proposed and unanimously adopted. 93-84 - RESOLUTION - AUTHORIZING A CONTRACT FOR CONSTRUCTION OF THE WPCF MAIN'I~NANCE BUILDING WHEREAS, the FY 93 budget includes an appropriation in the amount of $45,000.00 for construction of a preengineered, steel maintenance building at the Water Pollution Control Facility; and WHEREAS, this project was duly advertised March 18, 1993 and sealed bids were received on April 14, 1993, pursuant to the town's Purchasing Policy and state purchasing laws; and WHEREAS, the apparent low bidder, San Diego Contractors, Incorporated, is unable to provide a bid and performance bond meeting minimum criteria established by the town; and WHEREAS, the second apparent low bidder, William G. Beals, Inc., did submit a responsive bid in the amount of $30,500.00 and a determination has been made, based on their qualifications and references, that the bidder is responsible; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is hereby authorized and directed to execute a contract on behalf of the town with William G. Beals, Inc., in the amount of $30,500.00, in a form approved by the town attorney, for construction of a maintenance building at the Water Pollution Control Facility. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem 4/27/93 - 8 - 37 Nay: None MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted by a roll call vote of 7-0. 93-85 - RESOLUTION - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1994 WHEREAS, the budget and tax rates for the fiscal year ending June 30, 1994, have been presented and reviewed by this Council in accordance with Section 4-2.1:1Co) of the Town Code and Section 15.1-160 of the 1950 Code of Virginia, as amended; and WHEREAS, a public hearing on the proposed budget and tax rates was held on March 9, 1993; and WHEREAS, the manager prepared and submitted by memorandum dated April 9, 1993, a potential list of adjustments to the proposed budget for the General Fund for the fiscal year ending June 30, 1994; and WHEREAS, Council met in budget workshop session on April 26, 1993; and WHEREAS, this Council has directed the town manager to adjust the proposed budget in accordance with the budget adjustments proposed at the April 26, 1993 workshop; and WHEREAS, the tax rates for 1993 real estate and personal property taxes will be $.205 and $1.00 respectively, per $100 of assessed valuation; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager's proposed budget as amended to include the adjustments proposed in the General Fund is adopted and appropriations are made for the fiscal year ending June 30, 1994, in the amounts shown to the categories and accounts for the general, utility, airport and capital project funds, provided that capital project funds appropriations remain in effect until the projects are completed. SECTION II. The manager is authorized to transfer appropriations made herein to accounts within the same departmental budget as long as the total appropriation for the departments is not adjusted. DISCUSSION Mr. Trocino stated that this budget is a tribute to the Town Council working together. Mr. Webb stated that this is the first budget that he has voted for in three years. Mr. Atwell stated that the budget process was started early. There are no increases in taxes, the town employees will receive a pay increase and the town has a responsible fiscal reserve. Mayor Clem agreed that this was a good budget worksession. He thanked the department directors for their efforts and the Town Council. This has been a joint effort. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None NEW BUSINESS 12. (a) MOTIOn. On motion o£ Mr. Atwell, seconded by Ms. Bange, the following resolution was proposed and adopted. 93-86 - RESOLUTION - MAKING COUNCILMANIC APPOINTMENTS TO A JOINT COMMITTEE ON THE POTOMAC RIVER WATER TREATMENT FACILITY WHEREAS, a meeting of the Leesburg Town Council, Loudoun Counly Board of Supervisors and Loudoun County Sanitation Authority Board of Directors was held April 21, 1993, to oomider the coaatructiaa of a multi-jurisdictional water treatment facility east of Leesburg; and 4~7~3 -9- 38 WHEREAS, this meeting was necessitated by the recent filing of a condemnation suit by LCSA on property identified by the town for future expansion of its water treatment plant and contained in a proposed proffer to the town by .River Creek Associates, L.C.; and WHEREAS, the three bodies agreed to appoint a six-member committee, comprised of two members from each body, to resolve issues related to the LCSA condemnation suit and to develop a conceptual plan under which the town and LCSA would own and operate an expandedwater treatment facility on the Potomac River to serve customers in both Leesburg and eastern Loudoun County; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Council hereby appoints Mayor James E. Clem and Councilmember Ronald W. Blake to serve as the town's representatives on the joint committee and Utility Director Randolph W. Shoemaker as staff liaison to the committee. VOTE Aye: Councilmembers Atwell, Bange, Trocino, Umstattd and Webb Nay: None Abstain: Councilmember Blake and Mayor Clem lZ. (b) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 93-87 - RESOLUTION- MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE AND FOR PUBLIC IMPROVEMENTS INSTALLATION IN FORT BEAUREGARD TOWNHOUSES WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date at the Fort Beauregard Townhouses and certified that the value of work performed exceeds $270,001.92; and WHEREAS, a letter of credit from Crestar Bank in the amount of $337,502.40 has been provided by the developer and approved by the Council to guarantee installation of public improvements for the Fort Beauregard Townhouses. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Crestar Bank in the amount of $337,502.40 is reduced to $67,500.48. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for the Fort Beauregard Townhouses. VOTE Nay: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None On motion of, and duly seconded, the meeting was adjourned at 9:35 p.m. Clerk of CoUncil ~ /James E. Clem, Mayor 4~7D3 -10-