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HomeMy Public PortalAbout1993_12_14419 TOWN COUNCIL MEETING MINUTES OF DECEMBER 14, 1995 A regular meeting of the Leesburg Town Council was held on December 14, 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 Bange. SALUTE TO THE FLAG was led by Senator Charles Wackiell ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Deputy Town Manager Peter M. Stephenson Director of Utilities Randolph W. Shoemaker Director of Planning, Zoning, and Development Michael Tompkins Zoning Administrator Scott Johnson Town Atwrney George Martin Public Information Officer Susan B. Farmer Assistant Town Manager for Economic Development James Gahres Director of Engineering and Public Works Thomas A. Mason Town Clerk Barbara Messinger ApPROVAL OF MINUTES On motion of Mr. Webb, seconded by Mr. Trocino, the special meeting minutes of November 23, 1993 were approved as written. VOTE Aye: Counci!member Atwell, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Abstain: Councilmember Bange The regular meeting minutes of November 23, 1993 were referred back for additional comments. Mayor Clem mentioned the addition of the new timiog device for speakers, and asked that addresses be kept under the five minute limit if possfole. Ms. Umstattd suggested that if the Town was going to adopt the County's process it should be made formal by adoption. Mayor Clem agreed to do so in the future. PETITIONERS A.C. Echols introduced Susan Rutherford and Chuck Jones. Ms. Rutherford read a press release thanking Senator Waddell for his efforts regarding transportation issues. The press release is made a par~ of the official record. Chuck Jones read a proclamation on Senator WaddeH's behalf. A.C. Echols and Mayor Clem presented a gift to Senator Waddell. Senator Waddell thanked everyone involved with Leesburg Advantage and commended them for their 420 efforts regarding transportation issues in Leesburg. He reported on upcoming road improvements in Loudoun County. He read a portion of a draft Senate joint resolution expressing the sense of the General Assembly concerning a western connector parkway around Washington, D.C. Senator Wadde~ made a brief statement regarding the pre-session comments on transportation for the 1994 session of the General Assembly. Senator Waddeil reported that surveying has been done at the interchange at Rt. 15 and Route 7 at the bypass. He stated he fully intends to obtain the 15 million dollars needed to widen Route 7 from Leesburg to the Fairfax line. He noted the great progress on the Dulles Toll Road Extension and predicted the road would be completed ahead of schedule. The Senator also announced the Route 7 project from Clark's Gap to Round Hill would soon be under way at a lower cost than expected, opening in Spring of 1995. He assured the Council he would continue working with them and stated again that he expected to get the 15 million needed to build the additional lanes and the interchange. Senator Waddell thanked the Council and Board of Realtors again for the gift he received. Mayor Clem thanked the Senator,on behalf of the Town, Board of Realtors and Leesburg Advantage for his support of the Town of Leesburg. John Middieton, representing the "I Have A Dream" March Committee, announced this year's march would be held on January 17, 1994 at 10:30 a.m. be~nning at the Loudoun County Courthouse and ending at the Douglas Community Center. He requested police escort and an announcement through the TV Cable network. Mr. Middieton invited everyone to attend. Peter Stephenson announced the upcoming 1st Night Leesburg event requesting volunteers. PUBUC HEARING: to consider the establishment of a sewer pro rata for the Cattail Branch Watershe~ Randy_ Shoemaker presented a staff report. There was no public comment. COUNCILMEMBER COMMENTS Mr. Trodno represented the Town of Leesburg at the Congress of Cities in early December. Ms. Umstattd called attention to a citizen of Leesburg, Connie Pierce, a real estate agent with Weichert Realty. Ms. Umstattd stated that Ms. Pierce organized her neighborhood of Ashton Downs when they were facing problems with school buses not willing to come into the neighborhood and pick up the children. She stated that Ms. Pierce persisted despite initially negative comments from the School Board and the School System about their ability to get the buses into the development. Ms. Umstattd noted that because Ms. Pierce went to the trouble to get a petition going in her neighborhood and presented it to the school system, they have changed their policy. She thanked people like Connie Pierce for getting involved and making Leesburg a lot safer for children. Ms. Umstattd also called attention to the fact that Walmart received no praise earlier for the fact that it contributed fi.ce candy to the Halloween Parade and she thought that Waimart deserved recognition for that fact. Ms. Umstattd brought to the attention of residents of the Town of Leesburg the fact that there is now a statewide movement to try to get citizen initiative and referendum through the General Assembly. She., stated that in Virginia, citizens do not have the legal right to raise an issue and force it to be put on a ballot for a vote. She stated this movement was led by Senator Waddell and activists throughout the state, especially tax activists. She thought it was something residents needed to pay attention to. Ms. Umstattd stated that Fairfax County had already endorsed part of the group's goals and Senator Waddell was going to introduce legislation in Richmond in 1994 to allow citizens to initiate referendums on the ballot. Mr. Blake had no comment. Mr. Webb was very concerned about the amount of criticism the Council was getting fi.om special interest groups. He stated that these groups were claiming the Council had not done anything since it had been seated together and was wasting time. He commented that the Council has tried not to increase the tax rate nor the utility rates despite the improvements to the treatment plant required by the State Health Department. Mr. Webb also spoke about the refuse situation mentioning tighter restrictions at the Landfill. He had hoped that by not increasing the tax rate for the citizens that some of the citizens and bnsinesscs ia town woul0 be a little more cooperative on the handling of trash and garbage. Mr. Webb 12/14/93 -2- 429 acknowledged there were problems with the refuse contractor but stated the problems will be and were being handled. In reference to parking, he reminded citizens that this Council decided to waive the first three hours of parking in the parking garage. He stated that the current Council had nothing to do with the construction of the new government center, nor the parking facility but this Council was saddled with repaying the money that was borrowed on the bonds. Mr. Webb stated that the town was now having to pay out approximately $50,000 a year in additional money just for the garage that the town is not receiving, partially because the town is giving three hours of free parking. He couldn't see how people could say the Council was not doing anything to try to help them. Mr. Webb spoke about the County Complex. He remembered that earlier this year, the Board of Supervisors requested the Council give them some locations for the proposed complex and 3 locations were mentioned. Mr. Webb stated this Council did not select the location at the bottom of the hill, the Board of Supervisors did, however this Council supported the Board's selection because the Council felt it would help the economy. From what he understood, it was not the location that was voted against so much, as it was the fact that no one wanted to go into debt for 40 or 50 million dollars. Mr. Webb stated the Council supported the road improvements that have come through and fought for them as much as anyone else did. He was also concerned with the need for an additional fire station. He stated the Town cannot afford to spend a half or three quarters of a million dollars for an acre of land to build a fire house. Mr. Webb stated the Town has to depend upon developers proffering this. Hc mentioned 3 or 4 attempted proffers, which citizens objected to unanimously. He stated that in some cases thc fire department objected because of location. He stated that the Council had been told that if something was not done soon about an additional fire station, fire or homeowners insurance rates would increase because of the distance a home is from the closest fire station. He asked if this was what the citizens of Leesburg wanted. He didn't think so. Mr. Webb asked to hear from supporters of an additional fire station. Mr. Wcbb stated he had enjoyed being on various commissions and the Town Council, working with people over the last 30 years, but because of the amount of criticism the Council has received recently about not doing anything, he was unsure if he wanted to represent the people of Leesburg anymore. Mr. Atwell wished everyone in the Town of Leesburg a Merry Christmas and Happy New Year. Ms. Bange encouraged everyone to follow Peter Stephenson's advice and participate in First Night Leesburg. MAYOR'S REPORT Mayor Clem complimented the staff on the new Shopper's Guide. Mayor Clem reported WRC-TV was in Lecsburg on December 2, 1993 to discuss issues that were facing the Town and County. He was pleased that WRC was here and hoped to see more data on TV that would help the Town. He thanked the staff for cleating the streets of leaves and trash, and wished everyone a happy holiday season. MANAGER'S REPORT Mr. Brown reported the Surplus Property Auction had 33 registered bidders with a $6,100 profit. He thanked Peter Stephenson for his good work organizing the event. He thanked Mr. Blake for donating the Christmas tree on the town green. Mr. Brown recognized the Public Works crews for their hard work getting the town ready for the holiday season. Mr. Brown reported that he and Tom Mason met with the County Board of Supervisors regarding the elementary school site in Potomac Crossing, and thanked Mr. Mason for his efforts. He thanked the County Board of Supervisors for their support of the new school site, and expressed the need to build 3 additional schools in the Town. He was appreciative of the County program enforcing the town decals and hoped to implement a program within the next few weeks with approval from the Council. Mr. Brown thanked the Mayor for the kind words regarding the new Shopping Guide. He also thanked the town staff for putting it together. 12/14/93 -3- 430 Mr. Webb commented that one thing we have to remember is the Town of Leesburg is the center of the school sites. He noted elementary and middle school students all come from a 7 or 8 mile perimeter of Leesburg, and high school students from Aldie, Middleburg, Areola, St. Louis all come into Leesburg, yet the County is asking that the sites be built in Leesburg and wants Leesburg to furnish the sites. Mr. Brown stated that everything needs to be taken into consideration. Mr. Brown also stated that he assured the County that the town would meet its obligation but he also mentioned 20% of the population is the town's obligation not the entire population of the County. Ms. Ban~e commented that the Parks and Recreation Commi.,~sion had been working and having dialogue to obtain additional funds and scholarships from Loudoun County. Ms. Umstattd thanked Jim Gahres and Mr. Atwell for convincing Disney representatives to give a separate presentation to the Town of Leesburg. She stated the County Board of Supervisors was going to have a presentation and she thought Mr. Gahres and Mr. Atweil did a very good job getting one for Leesburg as well. Per a request from the Town of Herndon, Ms. Umstattd asked the chairman of the Economic Development Commission if Herndon might be included in the Town's Disney presentation. Mr. Atwell agreed it would be fine to include the Town of Herndon. He announced the tentative date for the presentation by Disney representatives would be January 11, 1994. LEGISLATION MOTION On motion of Mr. Blake, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 93-0-41 -AN ORDINANCE: AMENDING SECTION 2-24. OF THE TOWN CODE REGARDING STANDING COMMITTEES TO INCLUDE THE FINANCE COMMITTEE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sec. 2-24. Standing committees is hereby amended as follows: Sec. 2-24. Standing Committees. The planning and zoning committee, the administration and public works committee and the finance committee are hereby established as standing committees of the council: (1) The planning and zoning committee shall have jurisdiction over land use proposals for rezonings, special exceptions and planned developments. (2) The finance committee shall have jurisdiction over finance policy matters such as purchasing, budl~etin~., financial performance and financial plannine. (3) The administration and public works committee shall have jurisdiction over all other remaining items requiring council action. Each committee shall consist of two members and a chairman. Members of each committee shall be appointed by the council biennially. Each committee shall select its own chairman. The planning and zoning committee shall meet at 4:30 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. The administration and public works committee shall meet at 5:30 p.m. 7.~tlLl~m, on the Tuesday of the week preceding each regular council meeting in the council chambers. The finance committee shall meet at 4:30 p.m. on the first Thursday of each month. The time and place may be changed by a majority vote of the committee. Proper notification shall be published in the press. At committee meetings, the members shall review upcoming meeting agenda items, hear staff reports and take other nonlegislative action as it deems appropriate. SECTION II. This ordinance shall be in effect upon its passage. VOTE 12/14/93 -4- 431 Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None lO.(b~c~d~e.f.f.h&i.w) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolutions were proposed as consent and adopted. 93-234 - A RESOLUTION: AUTHORIZING A PUBLIC HEARING FOR BOUNDARY LINE O VACATION #BLV-93-04 - BRIAN A. FILLMAN RESOLVED by the Coundl of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of an interior lot line separating lots 12 and 13, Tax map 48A, Block 37 shall be published in the Leesburg Today on December 24, 1993 and Dex. ember 31, 1993 for public hearing on Tuesday January 11, 1994 in the Coundl Chambers of the Government Center at 25 West Market Street, Leesburg, Vir~nia 22075. 93-235 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN EXETER SECTION 3 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Exeter Section 3 and certified that the value of work performed is 1,212,202.40; and WHEREAS, a letter of credit in the amount of $1,515,253.00 from Nations Bank was provided by the developer and approved by the Council to guarantee installation of public improvements for Exeter Section 3, and this letter of credit was reduced to $968,573.00 by Resolution #91-238 adopted October 22, 1991. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Thc letter of credit from Nations Bank in the current amount of $968,$73.00 is reduced to $303.050.60. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Exeter Section 3. 93-236 - A RESOLUTION:AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTSAND APPROVING PERFORMANCE GUARANTEES FOR TAVISTOCK FARMS, SECTIONS 1, 3, 4, $, 6, 7, 10, 11 & 12~ 13, 19, 20 & 21~ 14, 18, OFFSITE WATERLINE AND OFFSITE SANITARY SEWER WHEREAS, the Town Council on September 28, 1993 adopted Resolution No. 93-183 authorizing SAD Realty Corporation, the owner of the Tavistock Farms Planned Development, a five (5) month time extension to November 24, 1993 for their contracts for public improvements to complete the installation of the remaining public improvements in the Tavistock Farms Planned Development or sell the project to a bona fide land developer; and 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 12/14/93 -5- 432 adequately-funded issuer of corporate surety bonds possessing a financial size rating of VI and a quality rating of "A" (Excellent), as evaluated by Best's Kc-/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, Inc. has requested a three (3) month time extension of the public improvements contracts between SAD Realty and the town for Tavistock Farms to complete the sale of Tavistock Farms to a bona fide land developer. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SEC'rION I. A three (3) month time extension for the public improvements performance agreements is hereby approved for Tavistock Farms, which will extend the completion date to February 24, 1994. 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. SECTION III. SAD Realty Corporation and the RTC are encouraged to expedite the sale of Tavistock Farms so that the development of the property may resume as soon as possible. 93-237 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING PERFORMANCE GUARANTEE FOR TAVISTOCK FARMS, SECTION 9 WHEREAS, the Town Council on September 28, 1993 adopted Resolution #93-182 authorizing SAD Realty Corporation, the owner of Tavistock Farms Section 9, a five (5) month time extension to November 24, 1993 for their contract for public improvements in Tavistock Farms Section 9 to complete the installation of the remaining public improvements or sell the project to a bona fide land developer; and 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 Section 9 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 12/14/93 -6- 433 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 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 improvement plus time extensions; and WHEREAS, SAD Realty Corporation has requested a three (3) 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 ill Virginia as follows: SECTION I. A three (3) month time extension for the public improvements performance agreement is hereby approved for Tavistock Farms Section 9 which will extend the completion date to February 24, 1994; 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. SAD Realty and the RTC are encouraged to expedite the sale of Tavistock Farms so that the development of the property may resume as soon as possible. 93-238 - A RESOLUTION:AUTHORIZING ASSIGNMENT OF STREET LIGHT EASEMENTS TO VIRGINIA POWER IN THE WOODLEA MANOR PHASE 1 SUBDIVISION WHEREAS, the developer of Woodlea Manor originally planned to install a special type of street light not provided by Virginia Power and, therefore, conveyed street light easements to the town; and WHEREAS, Virginia Power has been issued a purchase order by the town to install, operate and maintain the public road street lights in the Woodlea Manor Phase 1 Subdivision; and WHEREAS, Virginia Power needs the street light easements previously conveyed to the town in order to install the necessary street light system; and WHEREAS, the town desires to assign the easements to Virginia Power for street light purposes. THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. Assignment to Virginia Power of the street light easements to which the town currently holds title in the Woodlea Manor Phase l-Subdivision is hereby approved. SECTION II. The Mayor is authorized to sign the assignment documents which have been approved by the Deputy Town Attorney. 93~239 - A RESOLUTION: REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO AMEND THE LEESBURG TOWN CHARTER TO CREATE A NEW SECTION 3-8, FIRE DAMAGED BUILDINGS, IN CHAPTER 3, POWERS GENERALLY WHEREAS, on October 4, 1993 the Leesburg Town Council met with thc local state lcgisiative representatives to discuss legislative matters of concern and possible endorsements for the upcoming 1994 Virginia General Assembly; and WHEREAS, on October 26, 1993 thc Leesburg Town Council adopted Resolution No. 93-205, Authorizing legislative endorsements for the 1994 Virginia General Assembly, including two desired town charter amendments; and WHEREAS, on November 12, 1993 a notice of public hearing was published in Leesburg Today, in accordance with Section 15.1-835 of the Code of Virginia, as amended; and WHEREAS, on November 23, 1993 a public hearing was held by thc Lccsburg Town Council, 12/14/93 -7- 434 in accordance with Section 15.1-835 of the Code of Virginia, as amended, to consider two amendments to the town charter: a new Section 3-5 regarding the town's power of condemnation, and a new Section 3-8 regarding fire damaged buildings; and WHEREAS, on November 23, 1993, the public comment received was opposed to the proposed Section 3-5, yet was in favor of the proposed Section 3-8; and WHEREAS, on December 7, 1993, the Town Council Administration and Public Works Committee recommended that the Town Council request only an amendment of the Leesburg Town Charter to add a new Section 3-8 regarding fire damaged buildings: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Council hereby requests that the Vir~nia General Assembly amend the Leesburg Town Charter to create a new Section 3-8, Fire Damaged Buildings, in Chapter 3, Powers Generally, as follows: That the owners of property shall at such time or times as the Council may prescribe, remove, or repair any building which has been partially destroyed by fire or other natural disaster which is located within the Town of Leesburg corporate limits, including properties in a preservation or historical district and areas as provided in Section 15.1-503.2 of the Code of Virginia and 15.1-430, which defines Historic area, which is offensive to the viewing public or diminishes the value of adjoining properties and if after reasonable notice the owner or owners fail to abate or obviate the condition, the town may do so and charge and collect the costs thereof from the owner or owners affected in any manner provided by law for the collection under state and local statutes. 93-240 A RESOLUTION:AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH RESOLUTION TRUST CORPORATION AND POTOMAC CROSSING CORPORATION WHEREAS, by letters dated Dex~mber 24, 1992, and August 5, 1993, from the town manager of the Town of Leesburg, Virginia ("Town") to the Resolution Trust Corporation ("RTC'"), the town made a claim to the funds held in escrow by the RTC on behalf of Potomac Crossing Corporation ("PCC"), the successor in interest to CLPS Leesburg Joint Venture; and WHEREAS, PCC holds funds in the amount of $216,693.05 (~Funds~) which constitutes the funds it received from the former developer and all the funds collected by PCC on the sale of lots in Potomac Crossing for the benefit of the homeowners' amenity (Pool) fund and the construction of a sewer; and WHEREAS, the town's claim to the funds is based upon certain reimbursement agreements entered into between the CLPS Leesburg Joint Venture, the former developer of the Potomac Crossing community and Globe USA, Inc., Richmond American, Signature Communities, Inc., Penn Builders, Inc., and the Ryland Group; and WHEREAS, James Avramis, Toni A. Garvey, Donald R. Mattmueller, Raymond L. Pertee and David R. Pitman, as members of the Advisory Committee to the Board of Directors of Potomac Crossing Homeowners Association, Inc. and on behalf of the homeowners in Potomac Crossing CAdvisory Committee~), the Federal Deposit Insurance Corporation, as receiver for New Connecticut Bank and Trust (and successor in interest to PCC) CFDIC") and the town have also made claim to the funds; and WHEREAS, the Advisory Committee and the FDIC have agreed to the disbursement of the funds of which $33,087 shall be paid to the Town of Leesburg;, and WHEREAS it is in the best interests of the town to accept the terms of the Agreement. THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows: SECTION I. The town manager and deputy town manager are empowered to execute a Settlement Agreement and Release on behalf of the town in a form approved by the town attorney and receive, on the town's behalf; a check in the amount of $33,087.00, payable to the town, to be used towards sewer construction. SECTION II. The reimbursement agreements executed effective November 30, 1987, between CLPS Leesburg Joint Venture and Globe USA, Inc., Richmond American, Signature Communities, Inc., Penn Builders, Inc. and the Ryland Group, Inc. are hereby terminated. SECTION III. Execution of the settlement agreement and release by the Town of Leesburg is 12/14/93 -8- 435 contingent upon execution of the settlement agreement and release by all the necessary parties prior to signature by the town. 93...-241 - A RESOLUTION: APPROVING THE APPEAL OF THE BOARD OF ARCHITECTURAL REVIEW {BAR) DECISION ON CASE # BAR-93-75 WHEREAS, on November 1, 1993 the Board of Architectural Review (BAR) approved an alteration to the existing monument signs located at Carradoc Hall, 1500 E. Market Street; and WHEREAS, the lighting configuration approved by the BAR is not consistent with the corporate logo and national identity of the applicants tenant; and WHEREAS, the applicant resubmitted the proposed sign to the BAR on November 22, 1993 for consideration of a sign which is consistent with the corporate identity; and WHEREAS, the BAR did not approve the modification because of its location outside of the Route 7/15 Bypass; and WHEREAS, the Council considered the appeal and determined that the location and appearance for this particular sign is appropriate and will facilitate the retention of a major hotel chain within Leesburg. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The appeal of Case # BAR-93-75 is hereby approved. The applicant may submit and receive a sign permit for the installation of the sign face consistent with the original request of case # BAR-93- 75. 93-242 - A RESOLUTION: AUTHORIZING THE ISSUANCE OF A HOLIDAY BONUS FOR TOWN EMPLOYEES WHEREAS, the Town Council would like to show their appreciation to the town employees for their help and cooperation during the year; and WHEREAS, the efforts of town employees have contributed to the establishment of a general fund balance in excess of $1.7 million. THEREFORE, RESOLVED by the Council of the Town of Leesburg in virginia as follows: Regular, full-time town employees are authorized to receive a holiday bonus in the amount of $50.00 plus tax requirements. Regular, part-time town employees shall receive a pro-rated share of the full bonus amount in accordance with the number of hours worked. 93-243 - A RESOLUTION: AUTHORIZING AGREEMENTS WITH GREENVEST L.C. AND APPROVING PERFORMANCE GUARANTEES FOR TAVISTOCK FARMS, SECTION 1, 3, 4, 5, 6, 7, 9, 10, 11 & 12, 13, 14, 18, 19, 20 & 21, OFFSITE WATERLINE AND OFFSITE SANITARY SEWER AND RELEASING CORPORATE SURETY BONDS AND CANCELLING THE CONTRACTS WITH SAD REALTY CORPORATION WHEREAS, Council Resolution #91-221 authorized agreements with SAD Realty Corporation and approved corporate surety bonds from Homestead Insurance Company as security to guarantee installation of public improvements in Tavistock Farms, as shown on plans approved by the Director of Engineering and Public Works for the above listed sections of Tavistock Farms; and WHEREAS, Greenvest L.C., is planning to submit a bid to the Resolution Trust Corporation (RTC) to purchase Tavistock Farms and proposes to provide new corporate surety bonds issued by Westchester Fire and Casualty Company as performance guarantees to replace the securities previously approved for Tavistock Farms if they are the successful bidder; and WHEREAS, the Director of Finance has approved the financial standing of the Westchester Fire and Casualty Company. THEREFORE, RESOLVED by thc Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute the contracts for public improvements with Greenvest L.C. for the improvements shown on plans approved by the Director of Engineering and Public Works 12/14/93 -9- 436 for Tavistock Farms Sections 1, 3, 4, 5, 6, 7, 9, 10, 11 & 12, 13, 14, 18, 19, 20 & 21, Offsite Waterline and Offsite Sanitary Sewer if Greenvest L.C. is the successful bidder and becomes the owner and developer of Tavistock Farms. SECTION II. The corporate surety bonds from Westchester Fire and Casualty Company in the following amounts: Section 1 Section 3 Section 4 Section 5 Section 6 Section 7 Section 9 Section 10 Section 11 & 12 Sections 13, 19, 20 & 21 Section 14 Section 18 Offsite Waterline Offsite Sanitary Sewer 180,000.00 40,426.00 122,400.00 117,498.00 200,556.00 400,000.00 38,500.00 725,403.00 882,694.00 1,637,094.00 230,878.45 356,004.00 50,663.00 31,281.00 are approved to guarantee the installation of public improvements in Tavistock Farms as shown on plans approved by the Director of Engineering and Public Works for Tavistock Sections 1, 3, 4, 5, 6, 7, 9, 10, 11 & 12, 13, 14, 18, 19, 20 & 21, Offsite Waterline and Offsite Sanitary Sewer. SECTION III. The corporate surety bonds from Homestead Insurance Company are authorized to be released when the new contracts and performance guarantees provided by Greenvest L.C. are signed and in effect and Greenvest L.C. is the owner and developer of Tavistock Farms. SECTION IV. The contracts for installation of public improvements for Tavistock Farms dated June 24, 1991 with SAD Realty Corporation are authorized to be released when the new contracts and performance guarantees provided by Greenvest L.C. are signed and in effect and Greenvest L.C. is the owners and developer of Tavistock Farms. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Abstain: Councilmember Trocino (d),(e),(w) MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted. 93-244 - A RESOLUTION: ESTABLISHING PRO-RATA FEES FOR THE CATTAIL BRANCH SEWAGE CONVEYANCE SYSTEM WHEREAS, Section 15-15 of the Town Code authorizes the town to collect pro-rata fees for town-constructed sewer conveyance facilities necessitated, at least in part, by future subdivisions or development of land; and WHEREAS, the town proposes capital expenditures, included in the FY 94-FY 98 Capital Improvements Program, for sewer conveyance system improvements within the Cattail Branch Watershed to include construction of approximately 22,000 feet of 18 through 27-inch gravity sewer pipes, a 4.8 MGD sewage pumping station and 6,000 feet of 14" forcemain; and WHEREAS, a "public hearing notice" regarding Council's intention to establish pro-rata fees for the Cattail Branch Sewer system improvements was published November 26 and December 3, 1993 in a local newspaper of general circulation; and WHEREAS, a public hearing was held December 14, 1993 to accept public comment on the proposed establishment of the Cattail Branch Sewer Pro-Rata; and WHEREAS, it has been determined that fourteen percent of the total cost of the installation of 12/14/93 -10- 441 this facility is for public benefit and eighty-six percent is for the benefit of property owners or developers of undeveloped lands in the Cattail Branch Watershed; and WHEREAS, the total estimated cost for all improvements associated with the Cattail Branch Sewer System project is $6,740,000.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Cattail Branch Sewer System Improvements pro-rata facility charge is hereby established, effective upon passage, at $2.36 per gallon per day of estimated sewage flow for all new connections or expanded use of existing connections in Section 1 of the service area and $0.26 per gallon per day of estimated sewage flow for all new connections or expanded use of existing connections in Section 2, as shown on the attached map. SECTION II. The fee as specified in Section 1 shall be paid prior to the issuance of a zoning permit and concurrently with the payment of required availability fees for new connections or expanded use of existing connections to the Cattail Branch sewer system. SECTION IlL The fee shall be adjusted by the percentage increase or decrease in Engineering News Record Construction costs index value at the time of application. The current construction cost index value fi.om which the increase or decrease shall be measured is 5255. SECTION IV. The fees established herein shall run with the property and the Town Manager shall maintain for public inspection a record of properties subject to these fees. SECTION V. Resolution No. 92-211, establishing pro-rata fees for the East Leesburg Sewer System Improvements is hereby rescinded and all funds collected under said pro-rata shall be credited to the Cattail Branch Sewer project. DISCUSSION Ms. Umstattd repeated that in her opinion this issue was primarily to benefit out of town development. She was concerned that taxpayers may end up picking up the bill if the developers cannot. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem Nay: Councilmember Umstattd MOTION 10.(!) On motion of Ms. Umstattd, seconded by Mr. Blake, the following resolution was proposed and unanimously adopted. 93-24S - A RESOLUTION: AUTHORIZING A CONTRACT FOR PROCUREMENT OF CONE VALVES FOR THE POTOMAC RIVER WATER TREATMENT PLANT WHEREAS, thc adopted FY 94 budget included an appropriation of $80,000.00 to utility fund account 306.3130.700.733 for the purchase and installation of two cone valves to replace existing defective valves at the Potomac River Water Treatment Plant; and WHEREAS, it has been determined that the Rodney Hunt Company, of Orange, Massachusetts, was the lowest responsive and responsible bidder in the amount of $54,845.00 for two cone valves, with accessories in response to a request for sealed competitive bids dated October 1993. THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to execute an agreement, in a form approved by the Town Attorney, to Rodney Hunt Company for the purchase of two Rodney Hunt Company cone valves in the amount of $54,845.00. Aye: Councilmembcrs Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None 12/14/93 -11- 442 I0.(m) MOTION On motion of Mr. Blake, seconded by Ms. Bangc, the following resolution was proposed and unanimously adopted. 93-246 - A RESOLUTION: AUTHORIZING A CONTRACT WITH R.L. RIDER AND COMPANY FOR CONSTRUCTION OF THE WPCF EFFLUENT FORCEMAIN WHEREAS, the Town of Leesburg duly advertised and received sealed bids on November 10, 1993 fi.om eight prequalified contractors to construct approximately 17,000 feet of effluent pipeline for discharge of treated wastcwater fi.om the town's Water Pollution Control Facility (WPCF), in accordance with published bid documents and pursuant to state and local procurement laws; and WHEREAS, the lowest apparent bid, fi.om Gamey Companies, Inc., has been declared nonresponsive by the town's special legal counsel and engineering consultant due to the proposed use of substitute materials, and Gamey Companies, Inc., has voluntarily requested withdrawal of their bid without penalty; and WHEREAS, the lowest responsive bid received was fi.om R.L. Rider and Company, in the amount of $2,966,046.00; and WHEREAS, this bid represents a $500,000.00 savings over programmed capital costs for this project; and WHEREAS, a determination has been made by the town's special counsel, McGuire, Woods, Battle and Boothe, that R.L. Rider's bid was responsive to the Invitation to Bid; and WHEREAS, the town's engineering consultant, CH2M Hill, recommends award of the contract to R.L. Rider and Company, based on review of their financial and performance capabilities; and WHEREAS, funding is available for this project through the sale of Utility System Revenue Bonds in the amount of $26,575,000.00, closed on June 30, 1992: THEREFORE RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The Council hereby authorizes Gamey Companies, Inc., to voluntarily withdraw their bid, without penalty, pursuant to the Contract Documents, Clause 19, Instructions to Bidders. SECTION II. The manager is hereby authorized and directed to enter into a contract on behalf of the town, in a form approved by the town's special legal counsel, with R.L. Rider and Company, in the amount of $2,966,046.00 for construction of the WPCF Effluent Pipeline project. DISCUSSION Ms. Umstattd pointed out that the penalty the Town could have imposed was just over $100,000, however when this was discussed in committee there was some question as to whether the Town would be able to enforce it in court if it were challenged in trying to assess the penalty. She stated that this could have been a risky legal venture and for that reason she supported it. VOTE Aye: Councilmember Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None MOTION On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and adopted. 93-247 - A RESOLUTION: CONCERNING TOWN REPRESENTATION AT THE NORTHERN VIRGINIA TRANSPORTATION COORDINATING COUNCIL AND ITS SUBORDINATE COMMITTEES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 12/14/93 -12- 455 SECTION I. Vice Mayor William Webb or the Mayor will represent the Town of Leesburg at meetings of the Northern Virginia Transportation Coordinating Council (TCC). SECTION II. Steve Robin with Randy Minchew as an alternative are appointed to represent the Town of Leesburg on the Citizen Advisory Committee of the TCC. SECTION III. The Town Manager will provide appropriate members of the Town staff to participate in the meetings and work of the TCC Technical Committee. DISCUSSION Ms. Umstattd supported Vice-Mayor William Webb to represent the Town on the TCC. She requested that the Town designate an alternate, because of poss~le conflicts in the meeting schedules. Mayor Clem offered to be the alternate. Ms. Umstattd preferred the appointment of a Leesburg resident. She was concerned that because Mr. Minchew and Mr. Banzhoff are in front of the Council so often, this may put them as well as the Council in a difficult position. She expressed support for Steve Robin noting he was not in front of the Council as often, noting all three are well qualified. Mr. Blake recommended Mr. Minchew, as did Ms. Bange, and Mr. Webb. Mr. Trocino recommended Mr. Robin, as did Ms. Umstattd, Mayor Clem and Mr. Atwell. Mayor Clem announced he and Mr. Webb could be the Council representatives and Mr. Robin could be appointed as the designated individual and the alternate could be Mr. Minchew. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None 10.(o) MOTION On motion of Mr. Webb, seconded by Ms. Bange, thc following resolution was proposed and unanimously adopted. 93-248 - A RESOLUTION:RESCINDING TOWN COUNCIL MINUTES OF NOVEMBER 9~ 1993 AND APPROVING REVISED TOWN COUNCIL MINUTES OF NOVEMBER 9, 1993 WHEREAS, the Town Council minutes of November 9, 1993, were unanimously approved on November 23, 1993; and WHEREAS, Councilmember Blake has requested that his councilmember comments be transcribed verbatim. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The Town Council minutes of November 9, 1993, approved on November 23, 1993, are hereby rescinded. SECTION II. The November 9, 1993, Town Council minutes as amended by Councilmember Blake are hereby approved. VOTE Aye: Nay: 10.(n) MOTION Councilmembcr Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem None 12/14/93 -13- 456 On motion of Ms. Bange, sex:onded by Mr. Trocino, the following resolution was proposed and unanimously adopted. 93-249 - A RESOLUTION: RECEIVING AND REFERRING APPLICATION #ZM-138 BY HENRY C. STOWERS, ET. AL. FOR A PROFFER AMENDMENT AND CONCEPT PLAN AMENDMENTTO THE STRATFORD PLANNED DEVELOPMENT(ZM-116 AND AMENDED WITH ZM-130) TO THE PLANNING COMMISSION FOR PUBLIC HEARING PURSUANT TO CHAPTER 11, TITLE 15.1-431 OFTHE 1950 CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Lcesburg in Virginia as follows: An application by Henry C. Stowers for a proffer amendment and concept plan amendment to the Stratford Planned Development (ZM-116 and ZM-130) to revise the phasing plan and associated transportation proffers is hereby received and referred to the Planning Commission for public hearing and recommendation pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended. VOTE Aye: Councilmember Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None ll.(a).fr).(s).(v) Mr. Mason reviewed each of the requests. MOTION On motion of Mr. Blake, seconded by Mr. Webb, the following resolutions were proposed and adopted. 93-2S0 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR KINCAID FOREST PHASE 1, SECTION 1 WHEREAS, Council Resolution #93-48, adopted March 9, 1993, authorized an agreement for installation of public improvements and approved water and sewer extension permits for Kincaid Forest Phase 1, Section 1; and WHEREAS, the developer, First Potomac Development Company, did not provide a performance guarantee for the public improvements; and WHEREAS, the final subdivision plat for Kincaid Forest Phase 1, Section 1 cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and WHEREAS, the estimated cost to install the public improvements shown on the approved construction drawings for Kincaid Forest Phase 1, Section 1 has been reduced by the Director of Engineering and Public Works from $1,026,124.94 to $247,424.38 based on improvements installed as of November 30, 1993; and WHEREAS, the developer proposes to provide a corporate surety bond from American Motorist Insurance Company in the amount of $247,424.38 to guarantee the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 1. RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 1. SECTION II. The corporate surety bond in a form approved by the Town Attorney from American Motorist Insurance Company in the amount of $427,424.38 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 1. SECTION III. The contract for installation of public improvements authorized by Resolution #93-48 will be cancelled after the new contract and performance guarantee approved in Section I and 12/14/93 -14- 457 CC) II above are executed and in effect. 93-251 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERI?ORMANCE GUARANTEE FOR KINCAID FoREST PHASE 1, SECTION 9A WHEREAS, Council Resolution #93-209, adopted October 26, 1993, authorized an agreement for installation of public improvements and approved water and sewer extension permits for Kincaid Forest Phase 1, Section 9A; and WHEREAS, the developer, First Potomac Development Company, did not provide a performance guarantee for the public improvements; and WHEREAS, the final subdivision plat for Kincaid Forest Phase 1, Section 9A cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and WHEREAS, the estimated cost to install the public improvements shown on the approved construction drawings for Kincaid Forest Phase 1, Section 9A has been reduced by the Director of Engineering and Public Works from $325,354.09 to $172,372.99 based on improvements installed as of November 30, 1993; and WHEREAS, the developer proposes to provide a corporate surety bond from American Motorist Insurance Company in the amount of $172,372.99 to guarantee the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 9A. RESOLVED, by the Council of the Town of Leesburg in virginia as follows: SECTION I. The Manager shall execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 9A. SECTION II. The corporate surety bond in a form approved by the Town Attorney from American Motorist Insurance Company in the amount of $172,372.99 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 9A. SECTION IlL The contract for installation of public improvements authorized by Resolution #93-209 will be cancelled after the new contract and performance guarantee approved in Section I and II above are executed and in effect. 93-252 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR KINCAID FOREST PHASE 1~ SECTION 1, ULTIMATE STORMWATER MANAGEMENT POND WHEREAS, Council Resolution #93-191, adopted September 28, 1993, authorized an agreement for installation of public improvements and approved water and sewer extension permits for Kincaid Forest Phase 1, Section 1, Ultimate Stormwater Management Pond; and WHEREAS, the developer, First Potomac Development Company, did not provide a performance guarantee for the public improvements; and WHEREAS, the final subdivision plat for Kincaid Forest Phase 1, Section 1, Ultimate stormwater Management Pond cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and WHEREAS, the estimated cost to install the public improvements shown on the approved construction drawings for Kincaid Forest Phase 1, Section 1, Ultimate Stormwater Management Pond has been reduced by the Director of Engineering and Public Works from $163,500.70 to $32,700.14 based on improvements installed as of November 30, 1993; and WHEREAS, the developer proposes to provide a corporate surety bond from American Motorist Insurance Company in the amount of $32,700.14 to guarantee the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 1, Ultimate Stormwater Management Pond. RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 12/14/93 -15- 458 SECTION I. The Manager shall execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 1, Ultimate Stormwater Management Pond. SECTION H. The corporate surety bond in a form approved by the Town Attorney from American Motorist Insurance Company in the amount of $32,700.14 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 1, Ultimate Stormwater Management Pond. SEC'rlON III. The contract for installation of public improvements authorized by Resolution #93-191 will be cancelled after the new contract and performance guarantee approved in Section I and II above are executed and in effect. 93-253 A RESOLUTION:AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR KINCAID FOREST PHASE 1, SECTION 8A WHEREAS, Council Resolution #93-219, adopted November 9, 1993, authorized an agreement for installation of public improvements and approved water and sewer extension permits for Kincaid Forest Phase 1, Section 8; and WHEREAS, the developer, First Potomac Development Company, did not provide a performance guarantee for the public improvements; and WHEREAS, the final subdivision plat for Kincaid Forest Phase, Section 8 cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and WHEREAS, the developer has divided Section 8 into two parts; and WHEREAS, the estimated cost to install the public improvements shown on the approved construction drawings and approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 8A is $256,858.64; and WHEREAS, the developer proposes to provide a corporate surety bond from American Motorist Insurance Company in the amount of $256,858.64 to guarantee the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 8A. RESOLVED, by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The Manager shall execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 8A. SECTION II. The corporate surety bond in a form approved by the Town Attorney from American Motorist Insurance Company in the amount of $256,858.64 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section SA. DISCUSSION Ms. Umstattd asked if any and all required federal permits had been applied for and granted. Mr. Mason replied that to the best of the Town's knowledge all permits have been acquired. VOTE Aye: Councilmember Atwell, Bange, Blake, Umstattd, Webb, and Mayor Clem Nay: None Abstain: Councilmember Trocino Il.fO.(u) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolutions were proposed and adopted. 12/14/90 -16- 459 93-254 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTSINSTALLED IN STONEGATE PHASE 1 SECTION WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Stonegate Phase 1 Section 1 and certified that the value of work performed is $1,057,600.00; and WHEREAS, a corporate surety bond fi.om American Home Assurance Company in the amount of $1,322,000.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements in Stonegate Phase 1 Section 1. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond fi.om American Home Assurance Company in the amount of $1,322,000.00 is reduced to $264,400.00. 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 Stonegate Phase 1, Section 1. 93-255 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTSINSTALLED IN STONEGATEPHASE 1 SECTION WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Stonegate Phase 1 Section 1 and certified that the value of work performed is $349,669.60; and WHEREAS, a corporate surety bond fi.om American Home Assurance Company in the amount of $437,087.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements in Stonegate Phase 1 Section 3. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond fi.om American Home Assurance Company in the amount of $437,087.00 is reduced to $87,417.40. 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 Stonegate Phase 1, Section 3. VOTE Aye: Counciimembers Atwell, Bange, Blake, Umstattd, Webb, and Mayor Clem Nay: None Abstain: Councilmember Trocino 11.(x) MOTION On motion of Mr. Blake, seconded by Mr. Trocino, the following resolution was proposed and adopted. 93-256 - A RESOLUTION: AUTHORIZING AGREEMENTS WITH O.C. LAND L.L.C. AND APPROVING PERFORMANCE GUARANTEES FOR TAVISTOCK FARMS, SECTION 1, 3, 4, 5, 6, 7, 9, 10, Il & 12, 13, 14, 18, 19, 20 & 21, OFFSITE WATERLINE AND OFFSITE SANITARY SEWER AND RELEASING CORPORATE SURETY BONDS AND CANCELLING THE CONTRACTS WITH SAD REALTY CORPORATION WHEREAS, Council Resolution #91-221 authorized agreements with SAD Realty Corporation and approved corporate surety bonds from Homestead Insurance Company as security to guarantee installation of public improvements in Tavistock Farms, as shown on plans approved by the Director of Engineering and Public Works for the above listed sections of Tavistock Farms; and 12/14/93 -17- 460 WHEREAS, O.C. Land L.L.C., is planning to submit a bid to the Resolution Trust Corporation (RTC) to purchase Tavistock Farms and proposes to provide new corporate surety bonds issued by National Union Fire Insurance Company of Pittsburgh, Pennsylvania as performance guarantees to replace the securities previously approved for Tavistock Farms if they are the successful bidder; and WHEREAS, the Director of Finance has approved the financial standing of the National Union Fire Insurance Company. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute the contracts for public improvements with O.C. Land L.L.C. for the improvements shown on plans approved by the Director of Engineering and Public Works for Tavistock Farms Sections 1, 3, 4, 5, 6, 7, 9, 10, 11 & 12, 13, 14, 18, 19, 20 & 21, Off:site Waterline and Offsite Sanitary Sewer if O.C. Land L.L.C. is the successful bidder and becomes the owner and developer of Tavistock Farms. SECTION II. The corporate surety bonds from National Union Fire Insurance Company in the following amounts: Section 1 $ 180,000.00 Section 3 40,426.00 Section 4 122,400.00 Section 5 117,498.00 Section 6 200,556.00 Section 7 400,000.00 Section 9 38,500.00 Section 10 725,403.00 Section 11 & 12 882,694.00 Sections 13, 19, 20 & 21 1,637,094.00 Section 14 230,878.45 Section 18 356,004.00 Off. site Waterline 50,663.00 Offsite Sanitary Sewer 31,281.00 are approved to guarantee the installation of public improvements in Tavistock Farms as shown on plans approved by the Director of Engineering and Public Works for Tavistock Sections 1, 3, 4, 5, 6, 7, 9, 10, 11 & 12, 13, 14, 18, 19, 20 & 21, Offsite Waterline and Offsite Sanitary Sewer. SECTION III. The corporate surety bonds from Homestead Insurance Company are authorized to be released when the new contracts and performance guarantees provided by O.C. Land L.L.C. are signed and in effect and O.C. Land L.L.C. is the owner and developer of Tavistock Farms. SECTION IV. The contracts for installation of public improvements for Tavistock Farms dated June 24, 1991 with SAD Realty Corporation are authorized to be released when the new contracts and performance guarantees provided by O.C. Land L.L.C. are signed and in effect and O.C. Land L.L.C. is the owners and developer of Tavistock Farms. VOTE Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb, and Mayor Clem Nay: None Abstain: Councilmember Trocino ll.(y) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and unanimously adopted. 93-257 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCEGUARANTEE FOR INTERNATIONAL HOUSE OF PANCAKES RESTAURANT AT SHENANDOAH SQUARE SHOPPING CENTER RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for 12/14/93 -18- 461 International House of Pancakes Restaurant at Shenandoah Square Shopping Center. SECTION II. A cash bond in the amount of $24,618.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for International House of Pancakes Restaurant at Shenandoah Square Shopping Center. VOTE Aye: Counci!raembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None MOTION A motion was made by Mr. Trocino to form an ad hoc working committee to look at a total tree preservation program. Ms. Umstattd seconded the motion, nominating Chuck Jones to serve on the committee. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Mayor Clem asked the Council's opinion regarding a request from Ben Hayes that would allow a phone number to be printed on the proposed sign for the Leesburg Visitor's Center. He stated Mr. Hayes thought it would be helpful, if thc Center were closed, to have a phone number that a visitor could call for more information. Mayor Clem noted that the BAR would not accept a phone number because of policy and questioned what the Council's opinion would be if the request were turned down by the BAR. Mr. Trocino did not understand how the contents of a sign could be regulated by the Town's ordinance. He noted a phone number is neither color, nor texture, nor material. He wondered what would be next. Mr. Blake stated this was the policy of the BAR before he became a member to have no phone numbers on signs in the historical district. Mayor Clem recognized Mr. Bowers. Mr. Bowers presented NVBIA T-shirts to the Town Council on behalf of the NVBIA Outreach 10K Race. Mr. Webb complimented Leesburg Airport noting a great turn-around. MOTION On motion of and duly seconded, the meeting was adjourned at 9:30 p.m. ames E. Clem, Mayor 12/14/93 -19-