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HomeMy Public PortalAbout1993_09_28 (2)TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 28, 1993 A regular meeting of the Leesburg Town Council was held on September 28, 1993, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor. INVOCATION was given by Councilmember Georgia Bange. SALUTE TO THE FLAG was led by Leesburg Fire Chief Bob Zoldas. ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb (Absent) Mayor James E. Clem Staff members present Town Manager Steven C. Brown Deputy Town Manager Peter M. Stephenson Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Gary Huff Assistant Town Manager for Economic Development James Gahres Parks Coordinator John Johnston Public Information Officer Susan B. Farmer Deputy Town Attorney Deborah Welsh Town C.'. rk Barbara Messinger APPROVAL OF MINUTES On motion of Ms. Bange, seconded by Mr. Trocino, the special meeting minutes of August 25, 1993, September 7, 1993, and September 16, 1993 and regular meeting minutes of September 14, 1993, were approved as written. VOTE Aye: Nay: Absent: Abstain: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem None Councilmember Webb Councilmember Umstattd (August 25, 1993) CERTIFICATES OF APPRECIATION Mayor Clem presented a Certificate of Appreciation to Marc Weiss. PETITIONERS Bob Gordon of Shaw, Potts, Pittman, and Trowbridge spoke on behalf of the Toll Road. He presented and summarized the 2nd Amendment to the Escrow Agreement and 3rd Amendment to the Implementation Agreement. Deborah Welsh also provided a brief summary of each of the amendments. Judy Ward, a resident of Plaza Street, requested increased enforcement for speeders on Plaza Street. She stated, if enforcement is not possible than speed bumps should be considered. Enforcement is imperative. Bob Zoldas, Leesburg Volunteer Fire Department Fire Chief, stated the Fire Company is agreeable to any site in the North East quadrant. They are also agreeable to a joint fire/police station. He requested property at the airport now to provide for a future 3rd fire station. Mr. Zoldas' statements are attached and made a part of the official record. Charles Fincher, representing Leesburg Renaissance, Inc., reported that the LRI Board of Directors voted unanimously to end Leesburg Renaissance, Inc., as of 12/31/93. The press release is attached and made a part of the official record. Richard Herndon, Chairman of the town's Cable Commission presented a brief update of the Cable Commission's activities. Kristen Umstattd questioned the issue of whether the County would expect a contribution despite Town/County taxes. Mr. Herndon felt the County would look for a contribution. William McChesney with the Loudoun Museum announced the museum is hosting this year's Leesburg Hauntings and is seeking contributions. He requested the Town co-host the event and contribute $2,000 to cover advertising expenses. Mr. McChesney encouraged local businesses to stay open until 9 p.m. Kristen Umstattd asked Mr. McChesney if he would be content to work with Jim Gahres and Gary Huff to administer the $2,000 budget. Mr. McChesney stated he would return the $2,000 after the event from the proceeds. He was very confident the event would more than cover the expense. Steve Brown said no Council action is required if the Town is guaranteed of getting the money back. George Atwell felt the issue should be discussed with the Finance Committee. Mr. Echols addressed the Council regarding the proposed County Government Complex. Mr. Echols expressed opposition to the proposal. His statement is attached and made a part of the official record. Barbara Bogart, co-owner of Corner Stone Pottery, announced she is initiating a campaign to request that merchants stay open later on Fridays. She made a request to the Council to assist with funding of advertising. Kathie Wilt a resident of 503 Saber Court, S.E. addressed the Council expressing her concern with the cost of the County Complex. Mayor Clem mentioned the fact sheet now available on the proposed County Complex and defended the Town's position on the issue. He also expressed concern with a threat received by a citizen in reference to her position on the proposed County Complex. COUNCILMEMBER COMMENTS Mr. Trocino echoed the Mayor's comments. He also pointed out that the Town has 17 new businesses. He expressed concern with the Plaza Street issue. MOTION A motion was made by Mr. Trocino and seconded by Ms. Umstattd to place stop signs on Plaza Street as proposed. Ms. Umstattd echoed Mr. Trocino's comments regarding Plaza Street. She suggested sending a note home with students to let parents know about the increased enforcement. In reference to Mr. Echols' comments, Ms. Umstattd stated that Mr. Echols has the right to negotiate a fair price for his property. She stated that it is unfair to criticize anyone on that score. Ms. Umstattd stated that she has noticed that at various times the town seems to have promised everything to everyone. She stated that Mr. Echols has been promised a fair price for his property, privately. The county has been promised both privately and publicly that the town would pay for a four lane road along Harrison Street, the condemnation of seven middle class homes on North Street, plus all the businesses. The estimated cost to be about ten million dollars, not the six million dollars proposed. She noted that the town has also promised publicly and privately to businesses that the town would spend taxpayer dollars and staff resources to help them relocate - adding to the cost of the project. Her figures showed, based on the town's fact sheet, the tax increase to be 17% not 9% over current taxes and that doesn't include the promise to the county about condemning homes on North Street and putting in a four lane road plus the other road improvements. Ms. Umstattd believed the actual tax increase to be a total of 26% over current amounts. Over a 20 year period this is going to cost, at the town's lower estimates - the average $150,000 home about $1,600.00 in additional taxes. If you look at more accurate estimates, not addressed in the town's fact sheet, - your looking at about a $2,100.00 - $2,200.00 additional tax burden on the residents of this town. She didn't feel the facts were fully addressed in the fact sheet but she did commend the staff and the council for mentioning a 17% tax increase would be coming for part of what the town has agreed to pay for. Ms. Umstattd stated that she spoke with the lady who was threatened. This person was called a foul name. She was told to stop her opposition to the complex. She was told to shut up or she would be shut up. Ms. Umstattd then advised citizens what to do if they receive threatening phone calls. Mr. Clem reinforced the accuracy of the data on the fact sheet. Mr. Blake disputed figures on Ms. Umstattd's flyer. He also denied the town is spending tax dollars on advertisement supporting the County Complex bond issue. Mr. Atwell thanked Leesburg Renaissance, Inc., for the role they played in the Town for the past few years. He also thanked Mr. McChesney for his comments and Ms. Bogart for her suggestion regarding businesses staying open later. Mr. Atwell challenged this community to come together to debate the issues at hand on their merit, regarding the county government complex. Ms. Bange announced the groundbreaking of the Toll Road extension on September 29, 1993, at 11 a.m. She stated this project will bring about 4,300 jobs to our area. Ms. Bange welcomed new resident Dr. Ronald Arthland to Leesburg. Ms. Bange encouraged the citizens of the town to come together and stand up as a group in support of our community. MAYOR'S REPORT Mayor Clem announced that the Council collected $175 to cut the pony tail off of Todd James. On behalf of the American Red Cross and Wage Radio, the Mayor thanked Todd James for his contribution to the Flood Relief fundraiser. Mayor Clem also mentioned the Toll Road groundbreaking on September 29, 1993, and reported the cloverleaf improvements near the FAA have begun. He welcomed Jim Gahres to the ranks - expecting good things. Referencing the proposed County Complex, Mayor Clem stated there is concern and a need for citizen debates. MANAGER'S REPORT Mr. Brown announced the Town has begun distribution of the fact sheet and thanked Susan Farmer for her assistance. He reviewed the Activity Report. Mr. Brown complimented Richard Herndon on an excellent report on Cable service. He appreciatesRichard's hard work over the last 12 years. Mr. Brown recognized the Town Council for seeing that the Toll Road Extension is on schedule. He commended Tom Mason, Deborah Welsh, Paul Gauthier and Charlie Mumaw and other staff members involved in helping the Toll Road come to fruition. He complimented Leesburg Renaissance on their hard work and greatly appreciates all they have done for the Town of Leesburg. o LEGISLATION lO.(a) MOTION On motion of Ms. Umstattd, seconded by Ms. Bange, the following ordinance was proposed and adopted. 93-0-34 - AN ORDINANCE: PROVIDING FOR CERTAIN SAFETY EQUIPMENT FOR MOPEDS ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Sec. 10-194. Mopeds. Moped shall mean a bicycle device with pedals and a helper motor which is rated at no more than two brake horsepower and which produces speeds up to a maximum of thirty miles per hour. A moped shall be a vehicle while operated on a highway. bL~ The town requires that every person operating a moped on a public street or highway shall 9/28/93 -3- wear protective helmets of a type approved by the Commonwealth of Virginia. Any person who knowingly violates any such ordinance shall be guilty of a traffic infraction and be subiect to a fine of not more than fifty dollars. DISCUSSION Mr. Blake asked if the State Code required insurance for moped operators. Mr. Trocino stated because they are neither a bicycle nor a motor vehicle, they are uninsurable. VOTE Nay: Absent: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem. None Councilmember Webb 10.(b) MORON On motion of Mr. Trocino, seconded by Ms. Bange, the following ordinance was proposed and adopted. 93-0-35 - AN ORDINANCE: AMENDING CHAPTER 5.2, SECTION 5.2-1 OF THE TOWN CODE REGARDING ECONOMIC DEVELOPMENT WHEREAS, on September 7, 1993, Leesburg Renaissance and the town's Economic Development Advisory Commission submitted to the Town Council, for consideration, proposed amendments to Chapter 5.2 of the Town Code regarding the Economic Development Advisory Commission; and WHEREAS, the proposed amendments to Chapter 5.2, Article I, Section 5.2-1 along with changes suggested by the Assistant Town Manager for Economic Development were referred to the full Council for consideration and adoption. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Article I, Section 5.2-1 is hereby amended as follows: ARTICLE I. ECONOMIC DEVELOPMENT ADVLeOYY_ CO~E COMMISSION Sec. $.2-1. Commission established; preamble; mission; general composition; meetings. (a) Preamble: The town's economic development program, coordinated in a dynamic and timely manner, should be championed by all participants to promote the balanced growth of the Greater Leesburg Area. Co) Mission: The Leesburg Economic Development Commission is hereby established and appointed by the Leesburg Town Council to ensure the economic vitality and stability of the Town of Leesburg. The Commission's goal will be to maintain and enhance Leesburg's competitive position in the Greater Washington Metropolitan Area. The Commission will accomplish this goal by recommending and implementing a comprehensive economic development plan, subiect to Council approval, to retain/expand existing businesses, attract/recruit desirable new businesses and enhance economic activities that will benefit the businesses and residents of the Greater Leesburg Area. (c) The Leesburg Economic Development Adv:'se-X Ce-'a'--~d'-tee Commission is hereby established. The Ce_'v_m_~t'_ee Commission shah consist of -1~ 7 members who shah either be residents of the Town, Town property owners, business owners or anyone employed in the Town. One of the members shah be a member of the Council appointed by the Council, whose term of office shah correspond to his official tenure of office as a Councilmember. The Councilmember shall be a non-voting member of the Commission. However in the case of a tie vote the Councilmember shall cast the tie breaking vote. The remaining six voting members shall be appointed by Council and shall consist of a broad segment of the communi _ty. Members shah serve terms of two years beginning on July first of the year of appointment, but no more than three consecutive o,~;.;o,.o,:,.,, q~o ...,~o,.,' ;.,~ ~ ,~o,..~, .... ~, ~. .... ;,,,on ~,,, ,~,,, ~ ..... a The Mayor of Leesbur~. a Leesburg Planning Commission member, a Leesburg Parks and Recreation Advisory Commission member and the Assistant Town Manager for Economic Development shall be appointed by the Council as ex-officio (non- voting] members of the Commission. 9/28/93 -4- (d) Meetings: The Cemm'.'?.ee Commission shall elect its chairperson and vice-chairperson annuaUy and the Assistant Town Manager for Economic Development ~_-.d ~E~2n'.'s'.r~'_~.e'' shah serve as secretary. The C ......... Commission shah meet monthly or more often as determined by the Cemm'.'?_ee Commission. The Chairperson is-r-e, qafir~t4o shall report __j quarterly any attendance r ......... matters to the Town Council, w~e which has the authority to reqe'.'re ~ ........... '~'~'--~"~- '^ -oo. _v'.'gn_ ................. ;~ ~'" o~:~ ..~o,.o.,~. ,.'~ remove said member absent from three consecutive monthly meetings. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem None Councilmember Webb lO.(d).(e) MOTION On motion of Mr. Blake, seconded by Ms. Bange the following resolutions were proposed and adopted. 93-182 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING PERFORMANCE GUARANTEES FOR TAVISTOCK FARMS, SECTION 9 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 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 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 agreements (Form PC-2) pertaining to the installation of required public improvements in Tavistock Farms and was given six 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 ('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 Section 9, due to its insolvent position; and WHEREAS, SAD Realty Corporation, the current owner of Tavistock Farms Section 9 has not completed ah 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, SAD Realty Corporation has requested a six (6) month time extension to complete the installation of the remaining public improvements in Tavistock Farms Section 9 or sell the project to a bona fide land developer. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A five (5) month time extension for the public improvements performance agreements is hereby approved for Tavistock Farms Section 9 which will extend the completion date to November 24, 1993; SECTION II. The $38,500.00 paid to the town will continue to be held to guarantee performance 9/28/93 -5- under the outstanding public improvement performance agreement for Tavistock Farms Section 9, as approved in Resolution 92-248. DISCUSSION Ms. Bange asked if the extension could be changed to November instead of December. Mr. Mason reaffirmed the applicant's request for an extension to December 1993. Bob Knopf, representing Quadrangle agreed with Ms. Bange's request to make the extension to November instead of December. 93-183 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING PERFORMANCE GUARANTEES FOR TAVISTOCK FARMS, SECTIONS 1, 3, 4, 5, 6, 7, 10, 11 & 12, 13, 19, 20 & 21, 14, 18, OFFSITE WATERLINE AND OFFSITE SANITARY SEWER 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 WA" (Excellent), as evaluated by Best's Key Rating in both 1991 and 1993, whose bonds are accepted by numerous neighboring Norther 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, SAD Realty Corporation, the current owner of Tavistock Farms 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, SAD Realty Corporation has requested a six (6) month time extension to complete the installation of the remaining public improvements in Tavistock Farms or sell the project to a bona fide land developer. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A five (5) month time extension for the public improvements performance agreements is hereby approved for Tavistock Farms, which will extend the completion date to November 24, 1993. 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. VOTE Aye: Nay: Absent: Abstain: Councilmembers Atwell, Bange, Blake, Umstattd, and Mayor Clem None Councilmember Webb Councilmember Trocino 10.(e).(f) MOTION On motion of Ms. Bange, seconded by Mr. Blake, the following resolutions were proposed as consent and adopted. 93-184 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION AT EXETER SECTION 9 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date at Exeter Section 9 and certified that the value of the work performed exceeds $273,655.20; and WHEREAS, a corporate surety bond in the amount of $342,069.00 from American Motorists Insurance Company has been provided by the developer and approved by the Council to guarantee the installation of public improvements for Exeter Section 9. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond in the amount of $342,069.00 is reduced to $68,413.80. SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond 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 Exeter Section 9. 93-185 - A RESOLUTION: AUTHORIZING A JOINT PUBLIC HEARING OF THE TOWN COUNCIL AND PLANNING COMMISSION FOR CONSIDERATION OF AN AMENDMENT TO THE TOWN'S SEWER SYSTEM MASTER PLAN WHEREAS, on April 11, 1989 the Town Council, by resolution number 89-70, adopted Alternative No. 2 of the September 1987 Sewer System Master Plan as the "official plan" for expansion and upgrade of the sewage collection and conveyance system within the service area of the Town of Leesburg; and WHEREAS, failure of the Sewer Consortium to construct the Upper Cattail Branch Pumping Station under the 1986 Sewer Club Agreement and the recent rezoning of River Creek Development warrants reevaluation of the adopted Alternative No. 2; and WHEREAS, staff now recommends Alternative No. 1 of the Sewer System Master Plan, with modifications, as the most efficient, economical and practical plan for sewer system management in the town's sewer service area; and WHEREAS, it is the Council's desire to receive public comment on the proposed amendment to the plan; THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A notice of joint public hearing by the Town Council and Planning Commission to consider amendment of the September 1987 Sewer System Master Plan shall be published in Leesburg Today on October 8, 1993 and October 15, 1993 for a public hearing on Tuesday, October 26, 1993. 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 Chamber of the Municipal Government Center, 25 West Market Street, Leesburg, Virginia. The clerk shall publish notice of this hearing and the Council's intention to consider the plan amendment. SECTION II. The Planning Commission is requested to report its recommendation to the Town Council on the evening of the hearing. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem None Councilmember Webb 10.(~) MORON On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and adopted. 93-186 - A RESOLUTION: DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR ACQUISITION AND DEVELOPMENT OF A COUNTY OFFICE SITE WHEREAS, the Town Council has determined that it is necessary or desirable to advance money to pay the costs of acquiring land for an office complex for Loudoun County in the town and acquiring, constructing and developing related improvements ("Project") and to reimburse such advances with proceeds of one or more financings. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council adopts this declaration of official intent under Treasury Regulations Section 1.150.2. SECTION II. The Town Council reasonably expects to reimburse advances made or to be made by the town to pay the costs of acquiring, constructing and developing the project from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued for the project is $6,000,000. SECTION III. VOTE Nay: Absent: NEW BUSINESS ll.(h) This resolution shall take effect immediately upon its adoption. Councilmember Atwell, Bange, Blake, Trocino, and Mayor Clem Councilmember Umstattd Councilmember Webb On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 93-187 - A RESOLUTION: AUTHORIZING AN APPROPRIATION FOR A HOLIDAY ADVERTISING CAMPAIGN WHEREAS, Leesburg Renaissance Inc. had proposed that a holiday advertisingcampaign be initiated to boost retail traffic throughout Leesburg during the most critical time for local businesses; and WHEREAS, Leesburg Renaissance will no longer be administering the advertising program; and WHEREAS, the Leesburg Renaissance Board of Directors on September 22 recommended that town staff continue the program; and WHEREAS, the advertising program will be similar to last year's campaign, which included a mixture of cable television, radio and print media ads targeted to both local and Washington, D.C. area shoppers; and WHEREAS, the holiday advertising program was not funded in the approved economic development FY 94 budget. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation from the unappropriated general fund balance in the amount of $20,000 is hereby authorized to be transferred to Economic Development, Contractual Services, Account Number 200.8105.300.300, to implement a holiday advertising program. VOTE Nay: Absent: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem None Councilmember Webb 11.0) MOTION On motion of Mr. Trocino, seconded by Ms. Bange, the following resolution was proposed and adopted. 93-188 - A RESOLUTION: AWI~ORIZING THE EXECUTION OF THE THIRD AMENDMENT TO IMPLEMENTATION AGREEMENT BETWEEN THE TOLL ROAD VOTE Aye: CORPORATION OF VIRGINIA AND THE TOWN OF LEESBURG RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The mayor is hereby authorized to execute the attached third amendment to the implementation agreement between the Toll Road Corporation of Virginia and the Town of Leesburg. Councilmembers Atwell, Bange, Blake, Trocino, and Mayor Clem 9/28/93 -8- Nay: None Abstain: Councilmember Umstattd Absent: Councilmember Webb 11.(k) MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 93o189 A RESOLUTION:AUTHORIZING A TRANSFER OF FUNDS FROM LEESBURG RENAISSANCE TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, on September 14, 1993, the Town Council authorized the transfer of special events from Leesburg Renaissance to the Parks and Recreation Department; and WHEREAS, on June 22, 1993, the Town Council authorized an additional position to the Parks and Recreation Department for the purpose of administering special events; and and WHEREAS, an appropriation to the Parks and Recreation budget is needed to fund this position; WHEREAS, transfer of Leesburg Renaissance funds will avoid an additional appropriation from the General Fund balance. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is authorized for the Parks and Recreation Department through the transfer of the remaining balance of the Leesburg Renaissance budget. VOTE Nay: Absent: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem None Councilmember Webb MOTION On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and adopted. 93-190 - A RESOLUTION: AUTHORIZING AGREEMENT EXTENSIONS BETWEEN BRIAN P. OURS AND THE TOWN OF LEESBURG, AND BETWEEN THE TOLL ROAD CORPORATION OF VIRGINIA AND THE TOWN OF LEESBURG REGARDING THE ACQUISITION OF REAL PROPERTY WHEREAS, on July 18, 1992 the Town Council authorized the Town of Leesburg's purchase of 7.91584 acres of land from the Ours family and 2.086 acres of land from the Toll Road Corporation of Virginia for the Leesburg Municipal Airport; and WHEREAS, agreements for such purchases of real property by the town from the Toll Road Corporation of Virginia and Brian P. Ours were both executed on July 28, 1992; and WHEREAS, these agreements require closing on or before June 30, 1994; and WHEREAS, such purchases are subject to the receipt of 90% of the purchase price from the Federal Aviation Administration, and 5% from the Virginia Department of Aviation; and WHEREAS, state and federal funding of these land acquisitions have not been allocated or approved to date, and are subject to the completion of an updated environmental assessment study for the Leesburg Municipal Airport; and WHEREAS, a time extension of one (1) year is needed at this time to accommodate the delay in receiving state and federal funds for such acquisition of real property. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The required closing dates on the attached agreements between the Town of Leesburg and Brian P. Ours, and between the Town of Leesburg and the Toll Road Corporation of Virginia, attached hereto and as authorized by Town Council Resolution No. 92-130 (also attached hereto), are hereby extended by the town until June 30, 1995. Such purchases of real property by the Town of Leesburg remain contingent upon the receipt of federal and state funding as prescribed herein. 9/28/93 -9- SECTION II. The Town Council agrees to further consider the agreement within the next ninety (90) days to allow for a review with the Federal Aviation Administration. VOTE Nay: Abstain: Absent: Councilmembers Atwell, Bange, Blake, Trocino, and Mayor Clem None Councilmember Umstattd Councilmember Webb 11.0) MOTION On motion of Mr. Blake, seconded by Ms. Bange, the following resolution was proposed and adopted. 93-191 - A RESOLUTION: AUTHORIZING AN AGREEMENT FOR KINCAID FOREST PHASE 1_,_ SECTION 1 STORMWATER MANAGEMENT POND WHEREAS, the construction drawings and final plat for Kincaid Forest Phase 1, Section 1 Stormwater Management Pond have been approved; and WHEREAS, the developer, First Potomac Development Company, wishes to proceed with installation of the public improvements without providing a performance guarantee; and WHEREAS, the final plat for Kincaid Forest Phase 1, Section 1 Stormwater Management Pond cannot be recorded until all the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided by the developer. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Manager shall execute the contract for public improvements with First Potomac Development Company for the improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section ! Stormwater Management Pond. VOTE Nay: Abstain: Absent: Councilmembers Atwell, Bange, Blake, Umstattd, and Mayor Clem None Councilmember Trocino Councilmember Webb 11. (m) MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 93-192 - AWARDING A CONTRACT TO MELKA MARINE, INC., FOR THE CONSTRUCTION OF A PICNIC SHELTER AT IDA LEE PARK WHEREAS, bids were solicited under Section 8-1 Competitive Sealed Bidding, of the Leesburg Purchasing Regulations for the construction of a picnic shelter at Ida Lee Park; and WHEREAS, the bids were evaluated pursuant to the bid documents, Town's Purchasing Regulations, and the Virginia Public Procurement Act; and WHEREAS, Carpenter Brothers of Virginia submitted the lowest bid of $23,500 and Melka Marine, Inc., the next lowest bid of $29,750; and WHEREAS, Town Council authorized and directed the Town Manager to execute a lump sum contract with Carpenter Brothers of Virginia in the amount of $23,500; and WHEREAS, Carpenter Brothers of Virginia failed to complete the execution of the contract within the date specified in the bidding documents and the extended date afforded by the town; and WHEREAS, Carpenter Brothers of Virginia has been notified of failure to execute the contract. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The contract with Carpenter Brothers of Virginia is terminated. SECTION II. Carpenter Brothers of Virginia is in forfeiture of their bid security in the amount of $1,175.00. 9/28/93 -10- SECTION III. The Town Manager is authorized and directed to execute, on behalf of the Town of Leesburg, a lump sum contract with Melka Marine, Inc., in the amount of $29,750.00. VOTE Nay: Absent: MOTION Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem None Councilmember Webb A motion was made by Mr. Trocino, seconded by Ms. Umstattd, to erect 4-way stop signs at the intersection of North Street and Plaza Street, N.E. VOTE Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem None Councilmember Webb The meeting was adjourned at 9:35 p.m. Nay: Absent: JJames E. Clem, Mayor 9/28/93 -11-