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-