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HomeMy Public PortalAbout1993_08_10TOWN COUNCIL MEETING MINUTES OF AUGUST 10, 1993 A regular meeting of the Leesburg Town Council was held on August 10, 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 Councilmember Bange. SALUTE TO THE FLAG was led by Deputy Town Manager Peter Stephenson. ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Ronald W. Blake Joseph R. Trocino (absent) Kristen C. Umstattd (absent) William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown (absent) Deputy Town Manager Peter Stephenson Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Gary A. Huff Zoning Administrator Scott Johnson Parks Coordinator John Johnston Public Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Messinger PROCLAMATION MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following proclamation was proposed and unanimously adopted. PROCLAMATION Farmers' Market Week In Loudoun County August 8-14, 1993 WHEREAS, the Farmers' Markets in Loudoun County offer citizens a bountiful selection of fresh, homegrown, quality farm products that are locally and regionally grown; and WHEREAS, agricultural products such as fresh-picked fruit, vegetables, herbs and herb products, cut flowers, honey, eggs, farm-raised beef, chicken and fish, nursery stock, baked goods, jams and jellies and much more offer Loudoun consumers fresh, abundant and diverse varieties; and WHEREAS, the Farmers' Markets offer citizens the opportunity to learn about the growing season and growing techniques and to become familiar with the variety of homegrown products available in the county; and WHEREAS, the Farmers' Markets provide direct marketing outlets for Loudoun's farm products, and contribute to the profitability and viability of farming in Loudoun; and WHEREAS, Loudoun County has three Farmers' Markets: the Leesburg Farmers' Market at Leesburg Plaza open Saturdays from 9 a.m. to 1 p.m.; the Countryside Farmer's Market open Sundays from 9 a.m. to 12:30 p.m. and the Sterling Farmers' Market open on Wednesdays from 4-7 p.m.; and WHEREAS, the Leesburg Parks and Recreation Department is joining with the Loudoun County Department of Economic Development to promote the Farmers' Markets countywide. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the week of August 8-14, 1993, is hereby proclaimed "Farmers' Market Week in Loudoun County" as a celebration of the fresh produce offered at Loudoun County farmers' markets. VOTE Aye: Councilmembers Atwell, Bange, Blake, Webb and Mayor Clem Nay: None Absent: Councilmembers Trocino and Umstattd PETITIONERS Louis Cable, Leesburg Renaissance Executive Director, addressed the Council introducing Mary Ann Rose, Manager of Loudoun Western Wear, Ingrid Morroy, Retail Sales Manager of Columbia First Bank and Bob Cripe, Partner of Master Pieces Folk Art Studio and Gallery. Each of these individuals addressed the Council providing a brief description of their new businesses in Leesburg. Ms. Doris Johnson, a resident of the town's historic district, addressed the Council. She stated that the preservation of open space in Loudoun County and Leesburg are the town's biggest assets in terms of economic growth whether residential or commercial. She expressed concern with Leesburg losing it's ambiance because of development - referring to the Food Lion and the proposed county government complex and the Catoctin Circle Extension project. She stated that she fears losing the community to the automobile. Mr. Lawrence Kelly, a resident of 404 Edwards Ferry Road, addressed the Council with regard to the Catoctin Circle extension to Edwards Ferry Road. He stated that he has looked at the agreement between the town and Mr. Wallace, and in his opinion the contract has no obligations in it that would require the town to ever spend a penny to extend Catoctin Circle to Edwards Ferry Road. "If you decide to not build the extension of Catoctin Circle to Edwards Ferry Road the town, in my opinion, faces absolutely no liability on this contract. Most of the contract deals with phase 1 and 2 of the extension of Catoctin Circle which are already completed. It barely touches upon phase 3 which is the extension to Edwards Ferry Road." He suggested having the town's legal counsel review and provide an opinion on this. He asked that the Council defer this project until proper traffic studies have been conducted and to consider the town CAC's recommendation. COUNCILMEMBER COMMENTS Mr. Webb asked that the Planning Commission take a look at the requirements for parking in commercial and retail establishments. Also in the historic district if a home is sold and then converted into a business, a certain amount of parking is required for employees of that business. Under the town's current ordinance the owner can pay a fee to the town which goes towards the municipal parking garage in lieu of parking spaces. Mr. Blake stated that signs are being erected before the applicant comes before the BAR for approval. There seems to be a lack of communication between the Planning and Zoning Department staff and the applicant when an applicant comes to the town for a permit. Mr. Blake asked that staff look into these two situations. Mr. Atwell stated that he will be attending the VML committee on Effective Government Policy in Richmond tomorrow where the legislative package will be discussed. Ms. Bange had no comment. MAYOR'S REPORT Mr. Clem attended a neighborhood watch last Tuesday and expressed disappointment in the number of people that turned out. He stated that this is a good program and encouraged everyone to get involved and support their neighborhood watch programs. Mayor Clem noted that the town applied for grant funds for the March 13, blizzard and was a recipient of $10,000.00. MANAGER'S REPORT Mr. Stephenson briefly highlighted items contained in the Activity Report. LEGISLATION 9. (al MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following ordinance was proposed and unanimously adopted. 93-0-28 - ORDINANCE - AMENDING CHAPTER 11 OFFENSES AND MISCELLANEOUS OF THE TOWN CODE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Article 11, Offenses, Miscellaneous of the Town Code is hereby amended by adding a section to be numbered 11-71, which section reads as follows: Section 11-71. The regional compact for cross-jurisdictional enforcement of local motor vehicle licensing requirements. (a) The owner or operator of any motor, trailer or semi-trailer required by law to display thereon a valid local license issued by any county, city or town which has entered into a regional compact for cross-jurisdictional enforcement of local motor vehicle licensing requirementspursuant to Section 46-2-752(h) of the 1950 Code of Virginia, as amended, must display such license on his or her motor vehicle, trailer or semi-trailer required by the issuing county, city or town while within the boundaries of the Town of Leesburg. Co) An owner or operator of such vehicle shall be guilty of a misdemeanor and shall be punished by a fine of not more than $200.00. Such violation will not be discharged by payment of the fine except upon presentation of satisfactory evidence that the required license has been obtained. SECTION II. This ordinance shall be in effect upon its passage. VOTE Aye: Counciimembers Atwell, Bange, Blake, Webb and Mayor Clem Nay: None Absent: Councilmembers Trocino and Umstattd 9. (b) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 93-0-29 - ORDINANCE- AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED PAY AND CLASSIFICATION PLAN WHEREAS, when necessary, the town manager's office reviews the town's pay and classification plan for appropriate revisions; and WHEREAS, the Parks and Recreation Department revised their titles of positions, job descriptions and rates of pay to accommodate the town's pay and classification; and WHEREAS, the adopted fiscal year 1994 budget includes necessary appropriations to fund the town's pay and classification plan. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational group and pay grades, is amended to read as follows: Sec. 12.1-10. Classification of town employees by occupational groups and pay I~'ades. Employees in the town service are classified in the following occupational groups and pay grades: Occupational Groups Position Pay Grade Executive-Managerial Director of Engineering/Public Works 27 " Chief of Plan Review 24 ' Director of Utilities 26 " Director of Finance 26 " Director of Planning, Zoning 26 and Development Chief of Police Director of Parks and Recreation Deputy Town Manager Asst. Town Manager for Economic Development Parking Control Officer Police Officer Police Officer 1st Class Law Enforcement 24 2 26 26 22 13 14 8/10/93 -3- Administrative-Clerical Supervisory Technical Corporal Sergeant Lieutenant Captain Investigator Clerk Typist Data Entry Clerk Secretary Accounting Clerk I Accounting Clerk II Administrative Secretary Zoning & Development Asst. Executive Secretary Clerk of Council Personnel Officer Public Information Officer Desk Clerk Parking Attendant Superintendent Equipment Maintenance Water Supply Superintendent Superintendent Buildings Grounds and Maintenance Utility Lines Superintendent WPCF Superintendent Asst. Director of Finance Parks Coordinator Asst. Director Recreation Center Coordinator Recreation Supervisor Aquatics Supervisor Center Supervisor Bldg. Supervisor Parks & Recreation (p/t) Airport Supervisor Asst. Utility Plant Mechanic Heavy Equipment Operator Utility Billing Technician Asst. Super. Bldgs, & Grounds Senior Operator Operator I Operator II Operator III Operator IV Asst. Supt. Utility Lines Senior Inspector Sr. Utility Plant Mechanic Asst. Water Supply Supt. Contracts Admin. Capital Projects Representative Asst. WPCF Supt. Facility Inspector Asst. Zoning Admin. Systems Technician Meter Technician Recreation Attendant (Part-time) Child Care Attendant (Part-time) Lifeguard I (Part-time) Lifeguard II (Part-time) Lifeguard III {Part-time) Assistant Camp Instructor (Part-time) Weight Room Attendant (Part-time) Desk Clerk (Part-time) Program Aide (Part-time) Asst. Swim Coach (Part-time) Camp Instructor (Part-time) Birthday Clown (Part-time) Swim Coach {Part-time) Preschool Teacher (Part-time) Aquatic Instructor I {Part-time) Aquatic Instructor II {Part-time) Aquatic Instructor III {Part-time) 15 17 20 22 15 4 3 5 4 5 7 10 10 11 9 8 2 2 15 18 17 13 14 17 18 18 15 18 15 12 12 12 4 $10.00 per hour 12 5 7 8 13 12 11 10 7 4 14 11 13 19 13 13 14 8 5 $ 5.50 per hour 5.50 per hour 6.00 per hour 6.50 per hour 7.50 per hour 6.00 per hour 6.25 per hour 7.15 per hour 7.15 per hour 8.00 per hour 9.00 per hour 10.00 per hour 10.00 per hour 10.00 per hour 10.00 per hour 12.00 per hour 15.00 per hour 8/10/93 -4- Professional # # Construction/Maintenance Recreation Instructor I (Part-time) Recreation Instructor II (Part-time) Recreation Instructor III (Part-time) Airport Operations/Customer Service Specialist 4 Chief of Operations & Inspections 18 Engineer II 18 Engineer II - Transportation 18 Chief of Current Planning 21 Chief of Comprehensive Planning 21 Planner II 17 Zoning Administrator 20 Laborer 1 Maintenance Worker II 7 Maintenance Worker I 5 Mechanic I 5 Mechanic II 8 10.00 per hour 12.00 per hour 15.00 pqlr hour SECTION II. Section 12.1-15 of the Town Code, being the pay grades for compensation of employees in the town service, is amended to read as follows: Grade FY 1994 Pay Range 1 $14,232-22,582 2 14,944-23,651 3 15,691-24,772 4 16,475-25,950 5 17,288-27,186 6 18,164-28,484 7 19,073-29,847 8 20,025-31,280 9 21,027-32,781 10 22,079-34,361 11 23,183-36,017 12 24,342-37,757 13 25,559-39,583 14 26,837-41,501 15 28,178-43,516 16 29,588-45,631 17 31,067 -47, 851 18 32,620-50,183 19 34,251-52,631 20 35,964-55,202 21 37,762-57,901 22 39,650-60,735 23 41,632-63,710 24 43,714-66,835 25 45,900-70,116 26 48,195-73,560 27 50,605-77,178 SECTION III. All prior ordinances in conflict herewith are repealed. SECTION V. This ordinance shall be effective upon passage. VOTE Aye: Councilmembers Atwell, Bange, Blake, Webb and Mayor Clem Nay: None Absent: Councilmembers Trocino and Umstattd 9. (c), (d), (e), (f), (it). (h). (i). (k), (I). (m). (n). (o) MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolutions were proposed as consent and unanimously adopted. 93-156 - RESOLUTION - AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL TO AMEND SECTION 7A-5 (4) OF THE LEESBURG ZONING ORDINANCE TO MODIFY THE PERIMETER YARD REGULATIONS IN THE OLD AND HISTORIC DISTRICT 8/10/93 -5- WHEN RECOMMENDED BY THE BOARD OF ARCHITECTURAL REVIEW RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of a public hearing with the Town Council to consider an amendment to Section 7A-5(4) of the Leesburg Zoning Ordinance shall be published in the Leesburg Today on August 27, 1993 and September 3, 1993 for the public hearing on September 14, 1993 pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. The public hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be held in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The Clerk shall publish notice of this hearing and the Council's intention to consider this amendment to the Leesburg Zoning Ordinance. 93-157- RESOLUTION- AUTHOR IZING ASS IGNMENT OF CONTRACTUALOBLIGATIONS UNDER PUBLIC IMPROVEMENT PERFORMANCE AGREEMENTS (FORM PC-2) CONCERNING TAVISTOCK FARMS, SECTIONS 1, 3, 4, 5, 6, 7, 10, 11, & 12, 13, 19, 20 & 21, 14, 18, OFF-SITE WATERLINE AND OFF-SITE SANITARY SEWER FROM SAD REALTY CORPORATION TO COOL SPRING FOREST ASSOCIATES LIMITED PARTNERSHIP; AND ONE-YEAR EXTENSION OF AFORESAID PERFORMANCE AGREEMENTS UNDER SUBDIVISION AND LAND DEVELOPMENT REGUI~TIONS SECTION 13-95 WHEREAS, by Resolution No. 91-221 adopted October 9, 1991 by the Town Council, SAD Realty Corporation, the owner of the Tavistock Farms Planned Development, was allowed to become the obligor under certain public improvement performance agreements (Form PC-2) pertaining to the installation of required public improvements in Tavistock Farms with these referenced performance agreements secured by corporate surety bonds issued by Homestead Insurance Company of New Jersey; and WHEREAS, the Town Council accepted the corporate surety bonds issued by Homestead Insurance Company despite the fact that Homestead Insurance Company did not possess a license to transact fidelity and surety insurance in Virginia and did not hold a financial size rating of XV or better, as evaluated by Best's Key Rating as referenced in Section 13-94(3) of the Subdivision and Land Development Regulations, for reasons stated in Resolution No. 91-221; and WHEREAS, Homestead Insurance Company has been determined to be a secure and adequately- funded issuer of corporate surety bonds possessing a financial size rating of VI and a quality rating of (Excellent), as evaluated by Best's Key Rating in both 1991 and 1993, whose bonds are accepted by numerous neighboring Northern Virginia jurisdictions and the Loudoun County Sanitation Authority; and WHEREAS, SAD Realty Corporation is wholly-owned by Perpetual Savings Bank, F.S.B., a failed financial institution which has been taken over by the Resolution Trust Corporation ("RTC"), and has been unable to fully perform its obligations under the referenced public improvement performance agreements, or serve as developer of the Tavistock Farms Planned Development, due to its insolvent position; and WHEREAS, Cool Spring Forest Associates Limited Partnership CCool Spring") is a limited partnership founded under the laws of the Commonwealth of Virginia, whose sole general partner is Quadrangle Development Corporation, a respected developer of real estate in the Washington, D.C. area; and WHEREAS, SAD Realty Corporation and Cool Spring have entered into a contract whereby Cool Spring will purchase in one transaction all remaining undeveloped lands within the Tavistock Farms Planned Development from SAD Realty Corporation thereby fully removing SAD Realty Corporation and the RTC from ownership and development of the project; and WHEREAS, Cool Spring has requested that the Town allow it to become the assignee of SAD Realty Corporation and accept all performance and obligation duties related to all outstanding Tavistock Farms public improvement performance agreements (Form PC-2) related to the Tavistock Farms Planned Development with SAD Realty Corporation, the RTC, and Perpetual Savings Bank, F.S.B., being released as obligors under the aforesaid agreements, with the existing corporate surety bonds issued by Homestead Insurance Company being kept in force as security guaranteeing the performance of Cool Spring under the aforesaid agreements; and WHEREAS, a granting of Cool Spring's request will allow for a bona fide and respected land developer to replace an RTC-controlled entity in the completion of the Tavistock Farms Planned Development without reducing in the slightest degree any of the Town's existing security guaranteeing performance under the outstanding Tavistock Farms public improvement performance agreements (Form PC-2); and WHEREAS, the situation involved in this instance with respect to the Tavistock Farms Planned Development is truly unique; and WHEREAS, while Homestead Insurance Company would not qualify as an issuer of new corporate surety bonds for new subdivisions and development plans under Section 13-94(3) of the Subdivision and Land 8/10/93 -6- Development Regulations, it has been previously accepted as an issuer of replacement bonding for an RTC- controlled subdivision and possesses adequate financial strength to guarantee Cool Spring's performance commitments related to the Tavistock Farms Planned Development; and WHEREAS, the Town possesses the ability to fully reevaluate the financial strength and adequacy of Homestead Insurance Company at the conclusion of one year's time when it may be asked to extend Cool Spring's public improvement performance agreements (Form PC-2) and may, pursuant to Section 13-95 of the Subdivision and Land Development Regulations, demand at that time that Homestead Insurance Company be replaced by a fully-qualifying issuer should Homestead Insurance Company be then determined to be inadequate or unsound; and WHEREAS, a one-year extension of the referenced public improvements performance agreements (Form PC-2) for the Tavistock Farms Planned Development is warranted under Section 13-95 of the Subdivision and Land Development Regulations to allow Cool Spring to move forward in completing the referenced public improvements. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to execute documents entitled"Acknowledgement and Release" in a form approved by the Town Attorney, which shall replace SAD Realty Corporation with Cool Spring Forest Limited Partnership as obligor under all outstanding public improvement performance agreements (Form PC-2) related to the Tavistock Farms Planned Development and release and discharge SAD Realty Corporation, Perpetual Savings Bank, F.S.B., and the Resolution Trust Corporation from all obligations, liabilities, and claims relating to the aforesaid public improvement performance agreements. SECTION II. The corporate surety bonds issued by Homestead Insurance Company presently in force guaranteeing performance under the outstanding public improvement performance agreements for the Tavistock Farms Planned Development, as previously approved in Resolution 91-221, shall remain in full force and effect but shall be subject to full review at the conclusion of one year's time henceforth as referenced in Section III, below. SECTION III. The Town Manager is authorized to execute documents entitled ~Extension Agreement", in a form approved by the Town Attorney, which shall extend the deadline for completing all public improvements under the public improvement performance agreements (PC-2) for one-year from the date of this Resolution pursuant to Section 13-95 of the Subdivision and Land Development Regulations. 93-158 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS, APPROVING A PERFORMANCE GUARANTEE AND AUTHORIZING THE INSTALLATION OF STREET LIGHTS BY VIRGINIA POWER FOR WOODLEA MANOR PHASE I WHEREAS, Elm Street Development, the developer of Woodlea Manor Phase I, 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 plus two one-year time extensions and three 60-day time extensions for Woodlea Manor Phase I; and WHEREAS, the developer has requested a time extension to September 30, 1993; and WHEREAS, the letter of credit from Home Federal Savings and Loan Association (HomeFed), which guarantees the installation of public improvements in Woodlea Manor Phase I, in the amount of $774,000.00 automatically renews for additional one year periods of time; and WHEREAS, Council Resolution 93-25, adopted on February 9, 1993 authorized a time extension to April 25, 1993 and requested that town staff obtain an estimate for installation of street lights in Woodlea Manor Phase I; and WHEREAS, Elm Street Development together with new investors has made a proposal to the RTC to purchase the current loans for Woodlea Manor from HomeFed; and WHEREAS, the town received a letter from HomeFed on July 12, 1993 advising the town that a second independent appraisal ordered in January, 1993 had not been received until June, 1993 and that the RTC has not yet made a decision regarding the loan buy-back offer and is likely to take several more weeks to decide; and and WHEREAS, town staff received the cost estimate from Virginia Power in the amount of $47,250.00; WHEREAS, the developer had planned to install special street lights of a type not provided by Virginia, however, in order to move ahead and have the long overdue street lights installed, Virginia Power should be directed to install the lights, which is the town's normal process in residential subdivisions; and 8/10/93 -7- WHEREAS, the town currently has easements which were conveyed to the town for the purpose of street light installation, some of which will need to be assigned to Virginia Power; and WHEREAS, town staff recommends that the Town Council authorize a time extension to September 30, 1993 for the installation of the public improvements to allow more time for the RTC to decide on the approval of the loan buy-back proposal. THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. A purchase order in the amount of $47,250.00 shall be issued to Virginia Power for the installation of street lights on the current roads in Woodlea Manor Phase I and an invoice in the same amount shall be sent to Elm Street Development for the street light installation. SECTION II. A time extension to September 30, 1993 for the installation of the public improvements is hereby approved for Woodlea Manor Phase I. SECTION III. The letter of credit from the HomeFed in the amount of $774,000.00 is approved to guarantee the installation of public improvements for Woodlea Manor Phase I. 93-159 - RESOLUTION - APPROVING A PERFORMANCE GUARANTEE FOR THE DULLES TOLL ROAD EXTENSION TO LEESBURG WHEREAS, Town Council approved by adoption of Resolution 92-115, a corporate surety bond from Aetna Casualty and Surety Company in the amount of $1,319,487.00 to guarantee the public improvements to be installed as part of the Dulles Toll Road Extension; and WHEREAS, this bond was to have been provided by Kewitt Eastern, the contractor; and WHEREAS, Kewitt Eastern is no longer associated with the Dulles Toll Road Project; and WHEREAS, the Toll Road Corporation of Virginia proposes to now provide a corporate surety bond from AMWEST Surety Insurance Company in the amount of $1,319,487.00; and WHEREAS, the Director of Finance has approved the financial standing of AMWEST Surety Insurance Company. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The corporate surety bond in a form approved by the Town Attorney from AMWEST Surety Insurance Company in the amount of $1,319,487.00 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for the Dulles Toll Road Extension to Leesburg. 93-160 - RESOLUTION- ACCEPTINGPUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT BATFLEFIELD PARKWAY PHASE II/BIG SPRINGS STORMWATER MANAGEMENT POND WHEREAS, Richmond American Homes, the developer of Battlefield Parkway Phase II/Big Spring Stormwater Management Pond 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 $352,237.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $88,059.15 is approved, and shall remain be in effect for a period of one year from this date. 93-161 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTIBLE PERSONAL PROPERTY TAXES FOR 1987 WHEREAS, the 1950 Code of Virginia, as amended, Section 58.1-3940 provides for collection of local personal property taxes to be enforceable for only five years following December 31 of the year for which such taxes were assessed; and WHEREAS, the town's financial records contain outstanding personal property taxes for the year 1987. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Director of Finance is authorized to charge-off from the town's financial records the list of all outstanding personal property taxes for the year 1987 provided to the Town Council in accordance with Section 17-5 of the Town Code as of June 30, 1993. 93-162 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTIBLE WATER AND SEWER ACCOUNTS WHEREAS, the town each year identifies those water and sewer utility and other accounts that are past due and considered uncollectible; and WHEREAS, a listing of those accounts for the fiscal year ending June 30, 1993, is hereby attached. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The attached listing of delinquent water and sewer accounts have been identified to be uncollectible and authority is given for the accounts to be written off the town's books and records as uncollectible accounts. 93-163 - RESOLUTION - REGIONAL COMPACT FOR CROSS-JURISDICTIONAL ENFORCEMENT OF "DECAL" ORDINANCES THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Each of the undersigned jurisdictions agrees to enact and enforce an ordinance in accordance with Virginia Code 46.2-752(k), as amended, and to reciprocally enforce local motor vehicle license requirements as enacted by the signatory jurisdictions. The purpose of this compact is to ensure compliance with local motor vehicle license requirements by permitting ticketing and other appropriate enforcement action against vehicles which have physical situs, as defined by Virginia Code 46.2-752, in one of the signatory jurisdictions, and which are identified by the police or other appropriate law enforcement authorities in another signatory jurisdiction, while the vehicle is located within the jurisdiction of authority of such police officer or law enforcement official, to be in violation of the license requirements of the jurisdiction of situs. It is intended that, by entering into this compact, the compacting jurisdictions will foster reciprocal enforcement of each others' local motor vehicle license requirements. It is hoped that such reciprocal enforcement will encourage persons owning a motor vehicle, trailer, or semi-trailer with situs in any of the signatory jurisdictions to make application for, procure, and properly display a valid local motor vehicle license tag (decal) as required in the jurisdiction of situs. It is further intended that any such owner who fails to display such license required by the jurisdiction of situs while a vehicle subject to such requirements is within the jurisdictional boundaries of any jurisdiction entering into this compact will be subject to enforcement for a violation of the ordinance of the other compacting jurisdiction passed in accordance with this compact. It is further intended that such a violation shall not be discharged until full payment of the requisite fine has been made and satisfactory evidence that the required license has been obtained from the jurisdiction of situs is presented to the other compacting jurisdiction. 93-164 - RESOLUTION - AUTHORIZING THE COUNTY OF LOUDOUN TO CONDEMN PROPERTY IN THE TOWN OF LEESBURG FOR THE PURPOSE OF ACQUIRING RIGHT-OF- WAY FOR THE DULLES TOLL ROAD EXTENSION WHEREAS, the Town of Leesburg has consistently worked to facilitate the extension of the Dulles Toll Road to Leesburg; and WHEREAS, Loudoun County is also working to ensure the completion of this important economic development related corridor; and WHEREAS, the county has offered to condemn property for the toll road right-of-way to expedite the project; ~ind WHEREAS, some right-of-way within the town has not been acquired by the Toll Road Corporation of Virginia. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The County of Loudoun is hereby authorized to condemn property within the corporate limits of the Town of Leesburg for the purpose of acquiring necessary right-of-way for the Dulles Toll Road extension to Leesburg. 93-165 - RESOLUTION - AUTHORIZING CONDEMNATION OF LAND OWNED BY TRANSAMERICAN AIRPORTS, INC., FOR LEESBURG MUNICIPAL AIRPORT 8/10/93 -9- WHEREAS, on May 25, 1993, the Leesburg Town Council adopted Resolution No. 90-105, authorizing the purchase of 0.4701 acres of land (identified as Loudoun County Tax Map 60, Parcel 13) from TransAmerican Airports, Inc., for the Leesburg Municipal Airport; and WHEREAS, a formal offer to purchase the property was made by the town and subsequently rejected by the property owner; and WHEREAS, it is necessary for the town to proceed with condemnation of the property to ensure a timely agreement and settlement, and to preserve federal and state funding for the acquisition of this land: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Subsequent to the adoption of Resolution No. 90-105, the town attorney is hereby authorized to enter into condemnation proceedings on behalf of the Town of Leesburg to acquire the 0.4701 acres of land owned by TransAmerican Airports, Inc., for the Leesburg Municipal Airport. The condemnation of this property is in the interest of the public necessity and is required to implement the adopted Leesburg Municipal Airport Layout Plan and Master Plan. 93-166 - RESOLUTION - AUTHORIZING THE TEMPORARY CLOSING OF STREETS FOR THE NVBIA 10K RACE ON SUNDAY, AUGUST 22, 1993 WHEREAS, the Northern Virginia Building Industry Association Outreach Committee is planning its annual 10-kilometer run in Leesburg on Sunday, August 22, 1993; and WHEREAS, proceeds from the 10K Race will benefit the Loudoun County Alzheimers Respite Center in Leesburg; and WHEREAS, the race will begin at 8:30 A.M. at Market Station, proceed south on Harrison Street to Catoctin Circle, along Catoctin Circle to King Street, south on King to First Street, west on First to Wirt Street, south on Wirt to Davis Avenue, west on Davis to Lee to Dry Mill Road, and west on Dry Mill Road to the W&OD Trail, as shown on the attached map; and WHEREAS, Council authorization is required to temporarily close streets along the race route. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Streets along the route of the NVBIA 10K race as indicated on the attached map are hereby authorized to be temporarily closed as needed from 8:15 A.M. to the conclusion of the race on Sunday, August 22, 1993. 93-167 - RESOLUTION - AUTHORIZING AN AMENDMENT OF THE AIRPORT LAND LEASE BETWEEN THE TOWN OF LEESBURG AND AEROVEST, INC. WHEREAS, the Town of Leesburg entered into a deed of lease and operating agreement on August 25, 1987, with Janelle Aviation, Inc., which was subsequently assigned on October 12, 1988 to Aviation Associates, L.P., and to Aerovest, Inc. on February 11, 1992, for the development of approximately 2.4 acres of land at the Leesburg Municipal Airport; and WHEREAS, the lease requires that an aggregate total of 54,000 square feet of hangar and office space be constructed on the property by October 12, 1993; and WHEREAS, this development was to occur in two (2) phases, the first of which has been completed and is known presently as the American Beechcraft jet center hangar (approximately38,000 square feet). The second phase, identified on the lease Exhibit A-1 as Additional Land for Development and comprised of approximately 0.8 acres (approximately 16,000 square feet), remains undeveloped at this time; and WHEREAS, a time extension of four (4) years is requested by Aerovest, Inc. for the Additional Land for Development, to allow Aerovest, Inc. and American Beechcraft Company to complete the development of the second phase of this hangar and office space construction; and WHEREAS, on July 8, 1993, the Leesburg Airport Commission forwarded this request on to the Town Council, subject to adequate consideration being provided to the town for any such extension period, and subject to final approval by the Airport Commission; and WHEREAS, Aerovest, Inc. has agreed to provide in return for the lease amendment and time extension for the construction on the Additional Land for Development, annual compensation of $2,650 each year during the four (4) year extension period, as well as a fee of $1,000 annually if the site plans are not submitted by the end of the first and subsequent years of the extension: THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 8/10/93 -10- SECTION I. The Mayor is hereby authorized to execute an amendment of the airport land lease between the Town of Leesburg and Aerovest, Inc. to allow Aerovest, Inc. an extension of four (4) years, from October 12, 1993 to October 12, 1997, to complete the construction of hangar and office space on the lease area identified as Additional Land for Development. In return for this time extension, the town shall receive annual compensation of $2,650 each year during the four (4) year extension period, as well as a fee of $1,000 annually if the site plans for such additionally required hangar and office space development are not submitted by the end of the first year of the extension, or the subsequent annual anniversary dates within the extension period. SECTION II. The executed amendments shall only pertain to the area identified as the Additional Land for Development, and no amendment shall be made regarding the overall lease period or other terms of the deed of lease and operating agreement for the balance of the property. SECTION III. This land lease amendment for the Additional Land for Development shall be in a form approved by the town attorney, and shall be approved by the Leesburg Airport Commission prior to its execution. VOTE Aye: Councilmembers Atwell, Bange, Blake, Webb and Mayor Clem Nay: None Absent: Councilmembers Trocino and Umstattd 9. (i) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 93-168 - RESOLUTION - AUTHORIZING A STREET RESURFACING PROGRAM FOR FY94 WHEREAS, the FY94 budget appropriated $110,000 for street resurfacing; and WHEREAS, the Director of Engineering and Public Works has recommended specific streets to be resurfaced in a memorandum dated July 16, 1993. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The street resurfacing program outlined in a memorandum to the Council dated July 16, 1993 in the priority listed, is approved. DISCUSSION Mr. Blake expressed concern with resurfacing the northbound Route 7/15 ramp when the ramp will be relocated in the future. He suggested using these funds for another street. He asked that staff prepare a plan for next year depicting the streets needing repair and those that will need repairing in the future. He also expressed concern with the condition of the sidewalks in the town. VOTE Aye: Councilmembers Atwell, Bange, Blake, Webb and Mayor Clem Nay: None Absent: Councilmembers Trocino and Umstattd NEW BUSINESS lO. (a) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 93-169 - RESOLUTION - AWARDING A CONSTRUCTION CONTRACT FOR EDWARDS FERRY ROAD IMPROVEMENTS WHEREAS, Resolution No. 93-62 adopted by Council on March 23, 1993 established funding for the construction of improvements to Edwards Ferry Road at the Route 15 Bypass, a transportation system improvement designed to enhance traffic safety and efficiency; and 8/10/93 -11- WHEREAS, bids were solicited under Section 8.1, Competitive Sealed Bidding, of the Leesburg Purchasing Regulations for the construction of these improvements; and WHEREAS, the bids were evaluated pursuant to the bid documents, Town Purchasing Regulations and the Virginia Public Procurement Act, and a recommendation of award has been made by town staff; and WHEREAS, Gull Corporation is the lowest bidder and has been declared to be both responsible and responsive; and WHEREAS, sufficient funds have been appropriated to complete this project. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized and directed to execute, on behalf of the town, a lump sum contract with Gull Corporation for the contract amount of $92,479 for construction of the Edwards Ferry Road Improvements. VOTE Aye: Councilmembers Atwell, Bange, Blake, Webb and Mayor Clem Nay: None Absent: Councilmembers Trocino and Umstattd 93-170- RESOLUTION- AUTHORIZINGASSIGNMENTOF CONTRACTUALOBLIGATIONS UNDER THE PUBLIC IMPROVEMENT PERFORMANCE AGREEMENT (FORM PC-2) CONCERNING TAVISTOCK FARMS, SECTION 9 FROM SAD REALTY CORPO RATION TO COOL SPRING FO RESTASSOCIATES LIMITED PARTNERSHIP AND ONE-YEAR EXTENSION OF AFORESAID PERFORMANCE AGREEMENT UNDER SUBDIVISION AND LAND DEVELOPMENTREGULATIONS SECTION 13-95 WHEREAS, the Poretsky Building Group, Inc., developers of Tavistock Farms Section 9, did not complete 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, a letter of credit from Perpetual Savings Bank, FSB in the amount of $38,500.00 was provided by the developer to guarantee the installation of public improvements in Tavistock Farms Section 9; and WHEREAS, by Resolution No. 91-228 adopted October 9, 1991 by the Town Council declared Poretsky Building Group, Inc., the developer of Tavistock Farms Section 9 in default of its contract for installation of public improvements and authorized the Town Manager to prepare and sign the documents necessary to request payment of the performance guarantee funds; and WHEREAS, a claim was made for the letter of credit funds and the town was paid the full amount of $38,500.00 on November 4, 1991; and WHEREAS, by Resolution No. 91-263 adopted on November 26, 1991 by the Town Council authorized a one-year time extension for installation of the public improvements for Tavistock Farms Section 9; and WHEREAS, by Resolution No. 92-248 adopted on December 8, 1992 by the Town Council, SAD Realty Corporation, the new owner of Tavistock Farms Section 9, was allowed to become the obligor under certain public improvement performance agreement (Form PC-2) pertaining to the installation of required public improvements in Tavistock Farms and was given a six (6) month time extension; and WHEREAS, the $38,500.00 paid to the town would continue to be held to guarantee the installation of public improvements for Tavistock Farms Section 9; and WHEREAS, SAD Realty Corporation is wholly-owned by Perpetual Savings Bank, F.S.B., a failed financial institution which has been taken over by the Resolution Trust Corporation CRTC"), and has been unable to fully perform its obligations under the referenced public improvement performance agreements, or serve as developer of the Tavistock Farms Planned Development, due to its insolvent position; and WHEREAS, Cool Spring Forest Associates Limited Partnership ("Cool Spring") is a limited partnership founded under the laws of the Commonwealth of Virginia, whose sole general partner is Quadrangle Development Corporation, a respected developer of real estate in the Washington, D.C. area; and WHEREAS, SAD Realty Corporation and Cool Spring have entered into a contract whereby Cool Spring will purchase in one transaction all remaining undeveloped lands within the Tavistock Farms Planned Development including Section 9 from SAD Realty Corporation thereby fully removing SAD Realty 8/10/93 -12- Corporation and the RTC from ownership and development of the project; and WHEREAS, Cool Spring has requested that the Town allow it to become the assignee of SAD Realty Corporation and accept all performance and obligation duties related to Tavistock Farms Section 9 public improvement performance agreement (PC-2), related to the Tavistock Farms Planned Development with SAD Realty Corporation, the RTC, and Perpetual Savings Bank, F.S.B., being released as obligors under the aforesaid agreement with the $38,500.00 paid to the town being held as security guaranteeing the performance of Cool Spring under the aforesaid agreement; and WHEREAS, a granting of Cool Spring's request will allow for a bona fide and respected land developer to replace an RTC-controlled entity in the completion of the Tavistock Farms Planned Development without reducing in the slightest degree any of the Town's existing security guaranteeing performance under the outstanding Tavistock Farms Section 9 public improvement performance agreement (Form PC-2); and WHEREAS, a one-year extension of the referenced public improvements performance agreement (Form PC-2) for Tavistock Farms Section 9 is warranted under Section 13-95 of the Subdivision and Land Development Regulations to allow Cool Spring to move forward in completing the referenced public improvements. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to execute a document entitled "Acknowledgement and Release" in a form approved by the Town Attorney, which shall replace SAD Realty Corporation with Cool Spring Forest Limited Partnership as obligor under the outstanding public improvement performance agreement (Form PC-2) related to Tavistock Farms Section 9, and the Resolution Trust Corporation and release and discharge SAD Realty Corporation, Perpetual Savings Bank, F.S.B., and the Resolution Trust Corporation from all obligations, liabilities, and claims relating to the aforesaid public improvement performance agreement. SECTION II. The $38,500.00 paid to the town will continue to be held to guarantee performance under the outstanding public improvement performance agreement for Tavistock Farms Section 9, as approved in Resolution 92-248. SECTION III. The Town Manager is authorized to execute a document entitled "Extension Agreement", in a form approved by the Town Attorney, which shall extend the deadline for completing all public improvements under the public improvement performance agreement (PC-2) for one-year from the date of this Resolution pursuant to Section 13-95 of the Subdivision and Land Development Regulations. VOTE Aye: Councilmembers Atwell, Bange, Blake, Webb and Mayor Clem Nay: None Absent: Councilmembers Trocino and Umstattd On motion of, and duly seconded, the meeting was adjourned at 8:40 p.m. James E. Clem, Mayor Town of Leesburg Clerk of Counch 0 8/10/93 -13-