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HomeMy Public PortalAbout1994_03_08 (2)495 TOWN COUNCIL MEETING MINUTES OF MARCH 8, 1994 A regular meeting of the Leesburg Town Council was held on March 8, 1994, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor. INVOCATION was given by Councilmember Bange. SALUTE TO THE FLAG was led by Billy Fiske 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 Director of Engineering and Public Works Thomas Mason Director of Parks and Recreation Gary Huff Assistant Town Manager for Economic Development James Gahres Public Information Officer Susan Farmer Town Attorney George Martin Town Clerk Barbara Messinger APPROVAL OF MINLrrEs On motion of Ms. Umstattd, seconded by Mr. Webb, the regular meeting minutes of February 22, 1994 were approved as written. VOTE Nay: Councilmembers AtweH, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem None PETITIONERS Chuck Thornton, member of the Leesburg Economic Development Commission (LEDC), updated the Council on the Commission's efforts. Bill Bogard, member of the sub-committee for the LEDC, introduced the Commission's Ad Campaign. Ms. Umstattd asked if a list had been compiled of businesses that might be recruited to Leesburg. Neil Steinberg, member of the Leesburg Business Community Associates, described the organization and its goals. Peter O'Reilly, member of LEDC, stated that the Commission hopes to formalize the sub-committees as part of the strategic plan. The Commission also plans to research and access the effectiveness of the advertising and any dollars that the Council commits to promoting the Town. Ms. Umstattd asked if there were any types of businesses that the LEDC has identified that would be targeted for the Town of Leesburg. Mr. O'Reilly replied the Commission hoped to piggy-back this information with Loudoun County. Jim Gahres clarified that what Mr. Bogard described is the image and ad campaign. The other half is new business recruitment. He stated that a full range of businesses are inquiring about the town. Mr. Atwell commented that the labor force available to new businesses in Leesburg needs to be kept in mind. He stated that there did appear to be a coming together of businesses and owners in Leesburg who are beginning to see the benefits of working together and of an EDC that is interested and dedicated to accomplishing some of the goals that they have set forth. Mr. Atwell spoke with encouragement of the group and stated that extremely positive results will be coming in the next year. 496 Mayor Clem thanked the LEDC for the work they are doing. The March of Dimes request was forwarded to the Finance Committee. Ron Beeler, representing Interfaith Relief, addressed the Town Council with a fee waiver request. The request was forwarded to the Finance Committee. Tom Nails, representing the Old Dominion Jockey Club, addressed the Town Council requesting support for the proposed race track in eastern Loudoun County. He requested that the Council adopt a resolution regarding the race track facility, and also appear at the County's Planning Commission meeting on March 9. Mr. Nails stated the Commission would be considering an amendment of the PDIP category to include a Virginia licensed race track as a by-right use. Mr. Nails urged the Council to also attend a race track committee meeting on Monday, March 14th. Mr. Trocino asked the Town Council to consider the race track issue. Ms. Umstattd asked what the projected tax revenues to the county would be. Mr. Nails replied initially $1.2 million dollars. Ms. Umstattd asked if this figure is per year. Mr. Nails responded yes and that the facility is not a tax-exempt facility. Ms. Umstattd asked if the track would operate year-around. Mr. NaiLs elaborated on a possible schedule. Ms. Umstattd asked about road improvements and who would pay for them. Mr. Nails replied the road improvements would be the ones included in the adopted transportation plan right now. Money would come back primarily through tax revenues but would also be paid by developers who would have to make "in lieu" contributions of cash because the road would already in place. Ms. Umstattd asked what the average wage is for track employees. Mr. Nails did not know, but would find out. Linda Sidik, from the Loudoun Valley High School Parent Support Group, addressed the Town Council requesting a fee waiver for the "After Prom Patter' at Ida Lee Park. Dale McGuire, representing Loudoun Volunteer Fire Company, read a statement which is made a part of the official record. Mayor Clem responded to Mr. McGuire by stating that nothing would happen by March 22. He stated there would be a meeting in the near future with Senator Waddell and the Virginia Department of Transportation to discuss access to the by-pass. Ms. Umstattd asked Mr. McGuire to elaborate on the danger to. the citizens in the northeast quadrant including response time from the current fire station. Mr. McGuire stated that building density and traffic are causing increased response time. He stressed the importance of obtaining a fire station site as soon as possible. Mr. Atwell asked if the LVFC had sites in mind to purchase. Mr. McGuire replied yes, but could not disclose them at this time. Mr. Atwell requested that the Finance Committee go into Executive Session with the LVFC. COUNCILMEMBER COMMENTS Mr. Trocino requested the Council's support for the proposed race track in eastern Loudoun County. Ms. Umstattd requested the Town Council consider taking action to honor Bobby Utterback by naming a portion of the bike trail or a Town of Leesburg park after him. She considered him to be an individual worth memorializing. Ms. Umstattd referenced the proposed 1994 budget noting a 43% increase in total spending over last year's 3/8/94 -2- 113 budget. She considered this to be a hefty increase in government spending and did not think it was justified. She suggested taking a look at the increases. Mr. Blake had no conunent. Mr. Webb commended the town staff for its efforts during the last storm. Mr. Webb referenced the Western By-pass Committee, commenting that the Transportation Secretary has notified the Committee that unless an agreement can be obtained from Montgomery County, Maryland more than likely the by-pass will go west of Goose Creek. Mr. Webb stated that a meeting would be held April 9, in Montgomery County, Maryland with those officials to request concurrence to build a bridge somewhere east of Point of Rocks. Mr. Atwell stated there are a number of things that have been referred to the Finance Committee from the Council and it is his understanding that when the Council goes into the budget process the Finance Committee will and review the budget in detail, as most of the Council members will be available at the Finance Committee, they can then provide their input. The Finance Committee will then make recommendations to the Council when it has ceased its deliberations. The Council will then have the opportunity to pass yes or no on the budget. He stated that it is inappropriate to use the Council Chambers as a forum, but is perfectly aware that television cameras are not present at the Finance Committee meetings. Ms. Bange noticed the Mighty Midget Kitchen had been moved, and considered the idea of getting it preserved as a historical landmark something to be very proud of. She was surprised to hear percentages being given out on a budget that has not been passed. She believes it is best to wait until after the budget is passed before giving out any percentages as to how much money will be spent. MAYOR'S REPORT Mayor Clem thanked Jim Gahres and Jefferson Savings and Loan for working out an agreement for the preservation of the Mighty Midget Kitchen. He thanked Claggett Moxley for helping to move the Mighty Midget Kitchen. Mayor Clem stated that Kate Higgins had contacted him expressing the need to make necessary improvements to the sidewalks on South King Street. Mayor Clem thanked WAGE Radio for incorporating the Town of Leesburg in their monthly meeting. The Mayor recently spoke at the meeting addressing the budget. He invited the public to forward any concerns about the budget to the Town. MANAGER'S REPORT Mr. Brown highlighted the Activity Report, welcoming Food Lion to Leesburg and thanking Calvin Grow for representing the town at the TCC technical staff committee. He thanked Councilmembers for mentioning the efforts of the Public Works Department regarding the snow removal and the moving of the Mighty Midget Kitchen. Mr. Brown announced a budget public hearing will be held on March 22, 1994. He also mentioned the Finance Committee meets weekly and that the public is invited. Mr. Brown reported that staff is continuing to work on the blasting permit process. LEGISLATION 9.(a) This item was removed from the agenda. 9.(b).(c).(d).(e).(f).(~).(h),(i),(i).(k) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolutions were proposed as consent and adopted. 94-39 - A RESOLUTION: RECEIVING AND REFERRING AN APPLICATION BY THE WESTMORELAND DAVIS MEMORIAL FOUNDATION, INC. #ZM-140 3/8/94 -3- 114 U.S.C.T.A. HEADQUARTERS, REZONING AND TOWN PLAN AMENDMENT TO THE PLANNING COMMISSION FOR A PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: An application by the Westmoreland Davis Memorial Foundation, Inc. for a rezoning and Town Plan Amendment is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended. 94-40 - A RESOLUTION: AUTHORIZING A NOTICE OF PUBLIC HEARING FOR A SPECIAL EXCEPTION APPLICATION #SE-93-02 BY LEESBURG LIMITED PARTNERSHIP RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows: A notice of Public Hearing to consider special exception application #SE-93-02 for multi-family uses in the B-2 zoning district by Leesburg Limited Partnership shall be published in the Leesburg Today on April 13, 1994 and April 20, 1994 for public hearing on Tuesday April 26, 1994 in the Council Chambers of the Government Center at 25 West Market Street, Leesburg, Virginia 22075. 94-41 - A RESOLUTION: AMENDING RESOLUTION NUMBER 94-28 TO APPOINT CAROL KOENECKE TO THE AD HOC TREE PRESERVATION COMMITYEE TO SECTION I. Committee. REPLACE R. W. BLAKE WHEREAS, on February 8, 1994, the Town Council established an ad hoc committee for tree preservation; and WHEREAS, Carol Koenecke has demonstrated support and involvement in the town's ad hoc tree committee since its inception; and WHEREAS, the Town Council desires to limit the ad hoc tree committee's membership; and WHEREAS, Councilmember Blake has resigned from the ad hoc tree committee: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Carol Koenecke is hereby appointed to serve on the Ad Hoc Tree Preservation SECTION II. The councilmanic representative shall be a non-voting member. 94-42 - A RESOLUTION: APPROVING THE VACATION OF A 35-FOOT FRONT YARD BUILDING RESTRICTION LINE OF LOT 270 IN SECTION 9A OF THE KINCAID FOREST SUBDIVISION, TAX MAP 49B ((2)), PARCEL 270 WHEREAS, Leegate Corporation, N.V., owner of Section 9A of the Kincaid Forest Subdivision, has requested that the 35-foot building restriction line be vacated on Lot 270 as shown on plat # F 5231, prepared by Patton, Harris Rust and Associates; and WHEREAS, the 35-foot building restriction line was recorded to prohibit obstructions from extending into the sight distance easement which is recorded across the front of the lot; and WHEREAS, the contract purchaser of Lot 270 has selected a house style which cannot fit between the recorded 35-foot front yard building restriction line and the required 20-foot rear yard; and WHEREAS, the 35-foot building restriction line is no longer necessary for the purpose of maintaining an unobstructed clear sight distance across the front of the property if the house is oriented and the driveway is placed as shown on Exhibit A as desired by the contract purchaser of Lot 270; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The vacation of the 35-foot front yard building restriction line on Lot 270, Kincaid Forest, Section 9A, as shown on Plat #F 5231, prepared by Patton, Harris, Rust, and Associates dated March 1, 1994 is hereby approved with the condition that Lot 270 is developed as shown on the attached Exhibit A. 94-43 - 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, 3/8/94 -4- 11!5 14, 18, OFFSrrE 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 bends 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 'A~ (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 f'mancial institution which has been taken over by the Resolution Trust Corporation C'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, the Town Council on December 14, 1993 adopted Resolution No. 93-236 authorizing SAD Realty Corporation, the owner of the Tavistock Farms Planned Development, a three (3) month time extension to February 24, 1994 for their contracts for public improvements to complete the bidding and sale of Tavistock Farms to a bona fide land developer; and WHEREAS, SAD Realty, Inc. and the RTC completed the bidding process for the sale of Tavistock Farms with Arcadia Development Company identified as the successful bidder; and WHEREAS, a settlement date of February 22, 1994 was scheduled but it has been postponed due to a suit challenging the bidding process and the awarding of the sales contract to Arcadia; and WHEREAS, SAD Realty Inc. is moving to have the suit dismissed and to sell the property to Arcadia and has requested a 30-day time extension of the public improvements contracts between SAD Realty, Inc. and the town. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A thirty (30) day time extension for the public improvements performance agreements is hereby approved for Tavistock Farms, which will extend the completion date to March 26, 1994. SECTION II. The corporate surety bonds issued by Homestead Insurance Companypresently in force guaranteeing performance under the outstanding public improvement performance agreements for the Tavistock Farms Planned Development, as previously approved in Resolution 1991-221, shall remain in full force and effect. SECTION IlL SAD Realty Corporation and the RTC should continue to make every effort to expedite the sale of Tavistock Farms to a viable developer so that the development of the property may resume as soon as possible. 94-44 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE 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, al 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 3/8/94 -5- 116 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 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, the Town Council on December 14, 1993 adopted Resolution No. 93-236 authorizing SAD Realty Corporation, the owner of the Tavistock Farms Planned Development, a three (3) month time extension to February 24, 1994 for their contracts for public improvements to complete the bidding and sale of Tavistock Farms to a bona fide land developer; and WHEREAS, SAD Realty, Inc. and the RTC completed the bidding process for the sale of Tavistock Farms with Arcadia Development Company identified as the successful bidder; and WHEREAS, a settlement date of February 22, 1994 was scheduled but it has been postponed due to a suit challenging the bidding process and the awarding of the sales contract to Arcadia; and WHEREAS, SAD Realty Inc. is moving to have the suit dismissed and to sell the property to Arcadia and has requested a 30-day time extension of the public improvements contracts between SAD Realty, Inc. and the town. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A thirty (30) day time extension for the public improvements performance agreements is hereby approved for Tavistock Farms Section 9, which will extend the completion date to March 26, 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 Corporation and the RTC should continue to make every effort to expedite the sale of Tavistock Farms to a viable developer so that the development of the property may resume as soon as possible. 94-45 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR STONEGATE SUBDIVISION SECTION 4 · 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 Stonegate Subdivision Section 4. SECTION II. The extension of municipal water and sewer for Stonegate Subdivision Section 4 is approved in accordance with Sections 15-9 aad 19-18 of the Town Code. SECTION III. A corporate surety bond from American Home Assurance Company in the amount of $335,635.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Stonegate Subdivision Section 4. 94-46 - A RESOLUTION: AUTItORIZING AN AGREEMENT AND APPROVING A PERFORMANCE 3/8/94 -6- 117 GUARANTEE FOR STONEGATE SUBDIVISION CHANNEL IMPROVEMENTS 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 Stonegate Subdivision Channel Improvements. SECTION II. A corporate surety bond from American Home Assurance Company in the amount of $124,080.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Stonegate Subdivision Channel Improvements. 94-47 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN EXETER SECTION 6 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Exeter Section 6 and certified that the value of work performed is $670,502.53; and WHEREAS, a letter of credit from NationsBank in the amount of $838,128.17 has been provided by the developer and approved by the Council to guarantee installation of public improvements in Exeter Section 6. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from NationsBank in the amount of $838,128.17 is reduced to $167,625.63. 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 6. 9448 - A RESOLUTION: RELINQUISHING THE SPONSORSHIP AND MANAGEMENT OF THE LEESBURG FARMERS' MARKET WHEREAS, the Town of Leesburg has sponsored and managed the Farmers' Market since 1989; and WHEREAS, Loudoun County has turned over the management of the two Loudoun County Farmers' Markets to the Loudoun Valley HomeGrown Markets Association (LVHMA); and WHEREAS, the Loudoun Valley HomeGrown Markets Association has requested tile town turn over the management of the Leesburg Farmers' Market to the LVHMA in order to create one county wide farmers' market system: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Council of the Town of Leesburg hereby relinquishes the sponsorship and management of the Leesburg Farmers' Market to the Loudoun Valley HomeGrown Markets Association. VOTE Aye: Nay: Abstain: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Trocino (d), (e), (h), (i) 9.(!) This item was removed from the agenda. 9.(m) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolution was proposed and adopted. 94-49 - A RESOLUTION: WAIVING RENTAL FEES AND APPROPRIATING FUNDS TO THE IDA LEE RECREATION CENTER WHEREAS, thc Loudoun Valley High School Parent Support Group has requested the usc of Ida 3/8/94 -7- 118 Lee Recreation Center to conduct an After-Prom Breakfast; and WHEREAS, the event is scheduled after normal operating hours and requires fees be paid to cover staff costs of $400 and rental charges covering operating costs of #1,190 totaling #1,590; and WHEREAS, the Loudoun Valley High School parent Support Group has requested a waiver of the rental costs; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Town Council hereby waives the rental costs of #1,190 for the After-prom Breakfast. SECTION II. The total of $1,190 is hereby appropriated from the unappropriated fund balance to the Ida Lee Recreation Center rental fees, 200.1613.620.030. SECTION III. The Loudoun Valley High School Parent Support Group is required to pay $400 in staff costs required for the event. DISCUSSION Ms. Banee expressed support of this issue but requested in the future, financial support be requested from western towns in the county to help offset some of the costs. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None 9.(n) MOTION On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and unanimously adopted. 94-50 - A RESOLUTION: AUTHORIZING AN ENGINEERING SERVICES AGREEMENT FOR THE WESTERN PRESSURE ZONE WATER BOOSTER STATION WHEREAS, the FY 94 Budget includes an appropriation in the amount of $50,000.00 to fund engineering design services for improvements to the Western Pressure Zone (WPZ) Water Booster Station; and WHEREAS, a request for proposals for engineering services was duly advertised and proposals received on October 25, 1993, pursuant to state and local procurement laws; and WHEREAS, based on the nine proposals received, three firms were interviewed and O'Brien & Gere of Landover, MD was selected as the most qualified firm for this work; and WHEREAS, a fixed sum contract in the amount of $38,578.00 plus reimbursable expenses estimated at $13,020.00 has been negotiated for preliminary and final engineering design services: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized and directed to enter into an engineering services agreement, in a form approved by the town attorney, with O'Brien & Gere Engineers, Inc., in the amount of $51,598.00 for engineering and design services for improvements to the WPZ Water Booster Station. VOTE Aye: Nay: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem None 9.(o) MORON On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 94-51 - A RESOLUTION: AUTHORIZING A CONTRACT FOR CONSTRUCTION OF THE WATER TREATMENT PLANT GENERATOR FACILITY 3/8/94 -8- 119 WHEREAS, the FY 94 Budget includes an appropriation in the amount of $275,000.00 for construction of the Water Treatment Plant Emergency Generator Facility; and WHEREAS, a request for sealed bids for construction of the facility was duly advertised and a public bid opening held on January 25, 1994, pursuant to state and local procurement laws; and WHEREAS, it has been determined that the lowest responsive and responsible bidder was Warren Electrical Construction Corporation in the amount of $317,887.00; and WHEREAS, the town's engineering consultant recommends award of the contract to Warren Electrical Construction Corporation based on their review of Warren's bid, financial statement, experience and references: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized and directed to enter into a contract on behalf of the town, in a form approved by the town attorney, with Warren Electrical Construction Corporation in the amount of $317,887.00 for construction of the WTP generator facility. SECTION II. An appropriation in the amount of $50,000.00 is hereby made to utility fund account (306)3130.700.734, from the unappropriated utility fund balance to fund costs in excess of budgeted amounts. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None MOTION On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and adopted. 94-52 A RESOLUTION: AU2~ORIZING A PROCUREMENT PROCESS FOR PROPERTY AND CASUALTY INSURANCE COVERAGE FOR FY 1995 AND MAKING AN APPROPRIATION WHEREAS, the Town of Leesburg is due to receive renewal quotations for its Property and Casualty Insurance coverage effective July 1, 1994; and WHEREAS, upon consideration of the increased renewal premiums proposed which may exceed budgeted allocations for the Property and Casualty insurance program, it will be necessary to obtain alternative quotations from the insurance marketplace; and WHEREAS, the purchase of Property and Casualty insurance coverages, insurance agency and insurance company services is broad in scope and evaluation of the various criteria will be given individual consideration and analysis; and WHEREAS, many insurance company policy firms have various differences in insuring agreements, conditions and exclusions; and WHEREAS, sealed bidding does not allow the latitude for the town to negotiate the broadest form of coverage that may be available; and WHEREAS, the Town Council has determined that it is not.practicable to procure property and casualty insurance services that best meet the specific and unique needs of the community through sealed competitive bidding;, and WHEREAS, the Town Council is of the opinion that the most advantageous method to procurement of such Property and Casualty Insurance services should be performed by way of request for competitive negotiable proposals in the best interest of the Town and general public. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. It is the determination of the Town Council of the Town of Leesburg that competitive sealed bidding for Property and Casualty Insurance is not practicable and not fiscally advantageous to the public, and' therefore, authorizes in accordance with Virginia Code Section 11-41 (c) (1) that the Property and Casualty Insurance program be procured by way of competitive negotiation. SECTION II. An appropriation in the amount of $6,000 is hereby authorized from the 3/8/94 -9- 120 unappropriated general fund balance to conduct the RFP process. DISCUSSION Ms. Bange asked if criteria has been set up to give to the companies, so that everybody has the same information as far as the bids are concerned?" Mr. Brown stated, there is a set of specifications which are prepared by our insurance consulting company, McNeery and Associates." Ms. Bante stated that everyone who submits a bid or a proposal will then have the same information." Mayor Clem ased that the documents be referred to the finance committee to make sure they are what the Council is expecting. Mr. Brown "We'll have them tomorrow for the Finance Committee." Ms. Umstattd referenced Section 1, and stated "I don't know what this Council is using to back up its rational that competitive sealed bidding is not practicable. Certainly it was practicable last year, and I don't know what rational we are using to say it's not fiscally advantageous to the public, when it was fiscally advantageous to the public last year. And I had asked that if we could justify this decision to go with competitive negotiation instead of the sealed bid, that there be some detailed rational, but that is not in the motion. That being the case, I will vote against this." Mr. Atwell stated that last year the Council determined that it was not practical and fiscally advantageous to bid the insurance through competitive sealed bidding. "That's the very reason that we are here with this motion tonight. To establish that since last year it was not practicable, there was no opportunity to negotiate with any of the bids that were submitted to get to the underwriters or get to any of the requirements that could have been negotiated. The price could have been reduced by the companies that would have been in a position to negotiate last year had we have had the opportunity to use competitive negotiation. Since we did not have the opportunity to use competitive negotiation, obviously we were not able to secure the best priced insurance for the citizens of the Town of Leesburg. That's the very reason that this is here this year." Ms. Umstattd "However, Mr. AtwelL when I asked whether we were going to insure that price was the critical criterion in this process, I never received any assurance that that would be the case." Mr. Atwell "This resolution does not have to indicate whether the choice of price is exercised or not. The choice of exercising price comes at the time when the selection of the two or more most capable offerers are selected by the bid committee, or the Finance Committee in this case. That is the point at which price can enter into it. It does not have to enter into it at that time, but obviously in my judgement, the reason for using competitive negotiation is to get the best price that is available. The only way to do that in being insurance is to use competitive negotiation." Ms. Umstattd "This may resuR in an increase in price to the town and that's my fear." Mr. Blake "No way." Ms. Umstattd "It would have ended up that way last year." Mayor Clem "No, Ma'am. I think that the facts being noted, it would have a reduction last year." Ms. Umstattd ~Fhat's not what I saw." Mayor Clem "Well, I know. Some people look through things with rose-colored glasses, but in real life, last year, we would have saved money." VOTE Nay: Councilmembers Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem Councilmember Umstattd NEW BUSINESS 10.(q) On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and adopted. 94-53 - A RESOLUTION: ESTABLISHING A PUBLIC HEARING DATE FOR THE TOWN COUNCIL TO CONSIDER A PROFFER/CONCEPT PLAN AMENDMENT #ZM- 138, STRATFORD PLANNED DEVELOPMENT, UNDER CHAPTER 11, TITLE 3/8/94 -10- 121 15.1-431 OF THE 1950 CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing by the Town Council to consider a proffer/concept plan amendment for #ZM-138, Stratford Planned Development shall be published in Leesburg Today on March 30, 1994 and April 6, 1994 for a public hearing on Tuesday, April 12, 1994 pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. The public hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be held in the Council 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 rezoning application. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None lO.(r) On motion of Mr. Trocino, seconded by Mr. Blake, the following resolution was proposed and adopted. 94-54 - A RESOLUTION: ENDORSING PATRIOT PARK AS THE LOCATION FOR A for the VOTE HORSE RACETRACK IN LOUDOUN COUNTY WHEREAS, a three-quarter mile horse track is proposed for Patriot Park in Loudoun County; and WHEREAS, the 250-acre site adjacent to Route 625 is within one-mile of Dulles Airport; and WHEREAS, the facility will generate millions of tourism dollars per year; and WHEREAS, the proposed horse track is considered by the town to be an economic development asset community; and WHEREAS, it is the Town Council's position to support Loudoun County's position on the facility. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The proposed Patriot Park racetrack is hereby endorsed. Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem Nay: None Abstain: Councilmember Umstattd Mr. Atwell gave an overview of the meeting held the previous night regarding the Thomas Balch Library. This issue was tabled until a response from Loudoun County is received. MOTION On motion of, and duly seconded, the meeting was adjourned at 9 p.m. ~'/James E. Clem, Mayor Clerk of Council 3/8/94 - 11-