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
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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
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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:
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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
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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
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