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HomeMy Public PortalAbout1994_09_13275 TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 13, 1994 A regular meeting of the Leesburg Town Council was held on September 13, 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 Trocino SALUTE TO THE FLAG was led by Steve Brown ROLL CALL Councilmembers present George F. Atwell Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steve Brown Deputy Town Manager Peter Stephenson Director of Parks and Recreation Gary Huff Director of Planning, Zoning and Development Michael Tompkins Planner Marilee Seigfried Chief of Comprehensive Planning Gene Arner Planning Assistant Mary Mack Comprehensive Planner Kristie LaLire Town Clerk Barbara Messinger Town Attorney George Martin APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the special meeting minutes of June 29, 1994, and the regular meeting minutes of July 26, 1994 and August 9, 1994 were approved as written. VOTE Nay: Abstain: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None CouncilmembersAtwell (July 26, 1994), Councilmember Umstattd (June 29, 1994 and August 9, 1994), Councilmember Trocino (August 9, 1994) CERTIFICATE OF APPRECIATION Mayor Clem presented a Certificate of Appreciation to Herman Costello. Mr. Costello presented a scaled model of the Mighty Midget Kitchen to the Town of Leesburg to be placed at the Thomas Balch Library. Helen Power, representing Crime Solvers, presented Certificates of Appreciation to Doug Taylor, Mike McVeigh and the Explorers. PETITIONERS Pat Pierson, representing the Loudoun County Alliance for the Mentally Ill, announced Family Fun Day to be held on September 24, 1994 at Ida Lee Park - free admission, and Mental Awareness Month the week of October 2, 1994 through October 8, 1994. Hubbard Turner addressed the traffic pattern issue at Leesburg Airport and spoke in opposition to the traffic change. He asked for a complete study of the airport. John Lewis, a resident of 215 Brown's Meadow Court, expressed concern with fire sirens blowing night and day. He requested the Town Council do something about it. Tracy Diamond requested the fire siren be turned down or shortened in length of time blown. Dr. Nicholas Marsh, a resident of Leesburg, and a pilot at Leesburg Airport, emphasized the importance of adopting the traffic pattern change at the airport. Brian Balthrop thanked the Town Council for its efforts regai'ding the fire station issue. He thanked the 276 LVFC as wen. Harry Sparkshot, a resident of Brown's Meadow Court, objected to the fire whistle. Peter Stock, a resident of Brown's Meadow Court, spoke in opposition to the fire siren. Dave Kazenko, a resident of Silver Oaks, opposed the left traffic pattern change at Leesburg Airport. Glen Johnson, a resident of Brown's Meadow Court, expressed opposition to the fire siren. Bob Ellis, President of LVFC, offered a rebuttal regarding the need for a fire siren. Dave Bowers presented a report from the Citizens Advisory Committee for the Town Plan amendment. JOINT PUBLIC HEARING: Town Plan amendment for a public safe ,ty center Marilee Seigfried presented the staff report. Brian Balthrop spoke in support of the location. John Lewis, a resident of 215 Brown's Meadow Court, questioned the need for a fire siren in the case of all calls and also asked about sleeping facilities at the new station. Bob Ellis, responded there will be sleeping facilities at the new site, however both stations will be manned. He defended the need and the importance of a fire siren. The public hearing was closed. Mervin Jackson, Chairman of the Planning Commission, stated the Commission would like to be able to work with the Town Council and LVFC to give a favorable recommendation. COUNCILMEMBER COMMENTS Mr. Buttery had no comment. Ms. Umstattd asked everyone to remember the World War II Commemoration Day scheduled for Saturday, September 17, 1994. Mr. Trocino announced the Hub Caps Concert will be held Sunday, September 18, 1994 at Ida Lee Park. He reported the Parks and Recreation Commission met on Saturday, September 10, 1994 with the County Parks and Recreation representatives. He stressed the importance of working together. Mr. Trocino proposed the fire siren issue be studied and pursued to full length in order to reach a compromise. He referenced the proposed traffic pattern at Leesburg Airport and asked for a technical adjustment having to do with the altitude that airplanes land under. Mr. Atwell reported the Balch Library Commission met on September 12, 1994. He invited everyone to attend the WWII Celebration to be held Saturday 17, and the Hub Caps concert at Ida Lee Park, Sunday, September 18, 1994 benefiting ECHO. He also announced the Mini Grand Prix race on Saturday and Sunday, September 17 and 18, 1994. Mr. Atwell referenced the proposed county government center stating he voted to invest $3 million on the downtown site only. He pointed out the most recent proposal is smaller than the original presented last year and discussed its benefits. He considers this to be the proper course of action the Board of Supervisors should be encouraged to take. He remains firm in his decision to oppose spending $3 million on any site other than the downtown site. Ms. Emswiller concurred with Mr. Atwell's comments. She reported the Leesburg Economic Development Commission is moving along rapidly. She mentioned what a wonderful site the hot air balloons provided this weekend and appreciates having Ida Lee Park as a place to have such events. Ms. Emswiller thanked Dave Bowers and the CAC for their work on the Comprehensive Town Plan amendment. Co9/13/94 -2- 277 Ms. Emswiller reported that the Rotary Club cleaned up trash along the west entrance of town. Mr. Webb had no comment. MAYOR'S REPORT Mayor Clem also expressed appreciation to the Rotary Club for the road-side clean-up. Mayor Clem traveled to Richmond with Frank Ratio on September 7, 1994 to speak on retaining the Loudoun Hospital Center in the Town of Leesburg. He also enjoyed the hot air balloons this weekend. MANAGER'S REPORT Mr. Brown reviewed the Activity Report. He announced that Miller Drive will be closed on September 16, 1994 at 6 p.m., in order to accomodate the Mini Grand Prix event this weekend. He read a letter from Templar Titus regarding the proposed traffic pattern change at Leesburg Airport. Mr. Brown thanked Terri Simmers for her efforts with all the recent special events. He thanked town staff and the CAC for their work on the town plan amendment. LEGISLATION ll.(a) This item was referred to the September 24, 1994 Planning and Zoning Committee meeting for further discussion and consideration. ll.(b),(c),(d),(e).(ff),(h),(i).(k),(I),(m),(o) MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolutions were proposed as consent and unanimously adopted. 94-180 - A RESOLUTION: SUPPORTING ISSUANCE OF BONDS BY THE FAIRFAX COUNTY REDEVELOPMENT AND HOUSING AUTHORITY FOR FINANCING THE PROPOSED EVANS RIDGE APARTMENTS WHEREAS, the Donohoe Companiesand Evans Ridge Associates, LP, propose to construct 150 two- and three-bedroom apartments and ancillary facilities on approximately ten acres located on the south side of Fort Evans Road Extended, east of the Route 15 bypass, in the Town of Leesburg; and WHEREAS, this property was rezoned for this type of use on July 14, 1992; and WHEREAS, the Evans Ridge Apartments will provide 40 units affordable to persons at or below 50% of the area median income and 110 units affordable to persons at or below 60% of the median; and WHEREAS, the Fairfax County Redevelopment and Housing Authority has authority to issue taxable bonds to finance construction of affordable housing throughout the Commonwealth; and WHEREAS, the developers of Evans Ridge Apartments have asked the Town to endorse their request for financing consideration by the Fairfax County Redevelopment and Housing Authority; and WHEREAS, the Council's Planning and Zoning Committee recommended on September 6, 1994 that c~v ..... ......... ;~ ~,.~,ro~r. ........ ;~ .... r""'~*rv-- for the proposed development and method of financing; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town of Leesburg hereby invites the Fairfax County Redevelopment and Housing Authority to favorably consider the request of the Donohoc Companies and Evans Ridge Associates, LP, for issuance of bonds to finance construction of thc Evans Ridge Apartments, as the proposed development will help to meet the Town's housing needs and priorities as well as the economic development objective of providing adequate affordable housing for persons who work in Leesburg. Co9/13/94 -3- 278 94-181 - A RESOLUTION: SUPPORTING THE APPLICATION BY THE DEVELOPERS OF EVANS RIDGE APARTMENTS FOR FINANCING BY THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY WHEREAS, the Donohoe Companies and Evans Ridge Associates, LP, propose to construct 150 two- and three-bedroom apartments and ancillary facilities on approximately ten acres located on the south side of Fort Evans Road Extended, east of the Route 15 bypass, in the Town of Leesburg; and WHEREAS, this property was rezoned for this type of use on July 14, 1992; and WHEREAS, the Evans Ridge Apartments will provide 40 units affordable to residents at or below 50% of the area median income and 110 units affordable to residents at or below 60% of the area median income; and WHEREAS, the developers of Evans Ridge Apartments are seeking financing under the Virginia Housing Development Authority's Conventional Multi-Family Loan Program; and WHEREAS, the Virginia Housing Development Authority has requested comment from the Town of Leesburg indicating approval or disapproval of the proposed development; and WHEREAS, the Council's Planning and Zoning Committee recommended on September 6, 1994 that Council express its support for the proposed development and method of financing; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town of Leesburg hereby supports the application by The Donohoe Companies and Evans Ridge Associates, LP, for financing under the Virginia Housing Development Authority's ConventionalMulti-Family Loan Program to construct the Evans Ridge Apartments, as the proposed development is designed to help meet the housing needs of low to moderate income citizens in our community. 94-182 - A RESOLUTION: AUTHORIZING A NOTICE OF JOINT PUBLIC HEARING FOR #ZM-141 POTOMAC CROSSING PROFFER AND CONCEPT PLAN AMENDMENT RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider a rezoning proffer and concept plan amendment by Arcadia Development Company to eliminate a pedestrian tunnel under Battlefield Parkway and to modify the rear setback requirements for elevated decks in phases 2 and 3 of Potomac Crossing. The property is located east of the Route 15 By-pass in the northeast quadrant. Notification shall be published in the Leesburg Today on September 28, 1994 and October 5, 1994 for a public hearing on Tuesday, October 11, 1994, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 94-183 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 6 WHEREAS, Pulte Home Corporation, the developer of Exeter Section 6, has not cc~mpleted 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, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $167,625.63 from NationsBank w as provided by the developer to guarantee the 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 $167,625.63 is approved to guarantee the installation of public improvements in Exeter Section 6. SECTION II. A time extension to August 6, 1995 for completion of the public improvements is approved. 94-184 - A RESOLUTION: AUTHORIZING A REQUEST FOR PROPOSALS FOR THE RELOCATION AND USE OF THE FORMER MIGHTY MIDGET KITCHEN STRUCTURE WHEREAS, the Town of Leesburg received title to the metal structure or building known as the "Mighty Midget Kitchen" on August 4, 1994; and Co9/13/94 -4- 279 WHEREAS, this structure is presently held in storage by the Town of Leesburg; and WHEREAS, the Town Council desires to have this important local and state landmark relocated to a new site within the Town of Leesburg, and used appropriately for future generations of Leesburg residents and visitors to enjoy: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Leesburg Town Council hereby authorizes the issuance of the attached Request for Proposals for the relocation and use of the former Mighty Midget Kitchen structure dated September 14, 1994. A summary advertisement of this RFP shall be published in the Leesburg Today and the Loudoun Times-Mirror on September 14, 1994. 94-185 A RESOLUTION: AUTHORIZING A LAND USE PERMIT APPLICATION FOR CONSTRUCTION OF THE MIDDLE TUSCARORA CREEK SANITARY SEWER IMPROVEMENTS WHEREAS, it becomes necessary from time to time for the town to obtain Land Use Permits (Permits) from the Virginia Department of Transportation (the Department) to install, construct, maintain and operate certain public works and public utilities projects along, across, over and upon the highway system of Virginia; and WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia growing out of the granting to the Town of Leesburg by the Department of said Permits for the work aforesaid; THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That per the provisions of Section 1.064 of the Land Use Permit Manual of the Virginia Department of Transportation, the Town of Leesburg does hereby grant assurance to the Department that it shall in all respects comply with all of the conditions of the Permit or Permits that have been or will be, granted to the Town of Leesburg, and that the Town of Leesburg does hereby certify that it will carry liability insurance for personal injury and property damage that may arise from the work performed under Permit and/or from the operation of the permitted activity as follows: up to one million dollars ($1,000,000) each occurrence to protect the Commonwealth Transportation Board (the Board) members and Department's agents or employees; and seventy-five thousand dollars ($75,000) each occurrence to protect the Board, the Department or the Commonwealth in the event of suit. SECTION II. The Town Manager is hereby authorized to execute on behalf of the Town of Leesburg all Permits and related documents of the Department. SECTION III. This resolution shall be a continuing resolution and shall not be revoked by the Town Council unless and until sixty (60) days written notice of any proposed revocation shall be submitted by the Town Council to the Department. 94-186 - A RESOLUTION: AUTHORIZING A CONTRIBUTION T© LOUDOUN HABITAT FOR WATER AND SEWER CONNECTION AND AVAILABILITY FEES AND MAKING THE NECESSARY APPROPRIATION WHEREAS, the Loudoun Habitat, the local chapter of Habitat for Humanity, assists local families by providing low cost housing; and WHEREAS, Loudoun Habitat has secured 706 Wirt Street, S.W. for the purpose of constructing either a single-family or duplex home for qualified families; and WHEREAS, at the September 6, 1994, Finance Committee representatives of Loudoun Habitat requested that the town contribute a sum in the amount necessary to cover water and sewer connection and availability fees to assist in the project. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized to issue payment of no more than $9500 for a single-family home or $11,500 for a duplex to the Loudoun Habitat so that they may pay the necessary availability and connection fees. SECTION II. An appropriation from the General Fund Unappropriated Fund balance in the amount of $9500 for a single-family or $11,500 for a duplex is hereby authorized. 94-187 - A RESOLUTION: AUTHORIZING CONTRACTS WITH M.A. BONGIOVANNI, INC., AND OWENS AND DOVE, INC., FOR CONSTRUCTION OF THE CATTAII J BRANCH SANITARY SEWER PROJECT Co9/13/94 -5- 280 WHEREAS, the Town of Leesburg duly advertised and received sealed bids on August 31, 1994 from nine contractors to construct approximately25,000 feet of sanitary sewer pipeline and sewage pumping station to serve the Cattail Branch Watershed, in accordance with published bid documents and pursuant to state and local procurement law~, and WHEREAS, the lowest responsive bid for construction of the conveyance system was from Owens and Dove, Inc., in the amount of $3,204,347.95; and WHEREAS, the lowest responsive bid for construction of the pumping station was from M.A. Bongiovanni, Inc., in the amount of $2,126,000.00; and WHEREAS, these bids represent a $1,000,000.00 savings over programmed capital costs for this project; and WHEREAS, the town's engineering consultant, CH2M Hill, recommends award of the contracts to Owens and Dove, Inc., and M.A. Bongiovanni, Inc., 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 Virginia as follows: SECTION I. The 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 Owens and Dove, Inc., in the amount of $3,204,347.95 for construction of the Cattail Branch Sewage Conveyance System. 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 Attorney, with M.A. Bongiovanni, Inc., in the amount of $2,126,000.00 for construction of the Cattail Branch Pumping Station. 94-188 - RESOLUTION - AWARDING A CONTRACT TO LEO CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF A PLAYGROUND AREA AT IDA LEE PARK WHEREAS, bids were solicited under Section 8.1, Competitive Sealed Bidding of the Leesburg Purchasing Regulations for the construction of a playground area at Ida Lee Park; and WHEREAS, the bids were evaluated pursuant to the bid documents, Town's Purchasing Regulations and the Virginia Public Procurement Act; and WHEREAS, Leo Construction Company, Inc., submitted the lowest bid of $80,130; and WHEREAS, Leo Construction Company, Inc., has been judged to be the lowest responsive and responsible bidder: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized and directed to execute, on behalf of the Town of Leesburg, a lump sum contract with Leo Construction Company, Inc., in the amount of $80,130. 94-189 - A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH PUBLIC ADMINISTRATION SERVICE TO PERFORM AN EMPLOYEE CLASSIFICATION AND COMPENSATION STUDY AND MAKING A FUNDING APPROPRIATION WHEREAS, the LeesburgTown Council directed staff to prepare a Request for Proposals to perform an employee classification and compensation study, including an analysis of employee benefits and appraisal systems; and WHEREAS, the last such comprehensive personnel study was performed in 1987; and WHEREAS, a Request for Proposals was issued on June 13, 1994 and a summary advertisement was published in the Washington Post on June 20, 1994; and WHEREAS, ten (10) proposals were received and evaluated by the town's review committee, and subsequently three (3) firms were interviewed; and WHEREAS, on August 3, 1994, Public Administration Service of McLean, Virginia was selected by the town's review committee as being the most qualified and responsive firm to perform the study; and Co9/13/94 -6- 281 WHEREAS, on September 6, 1994, the Town Council Finance Committee recommended award of a contract and a commensurate funding appropriation to allow Public Administration Service to perform this important personnel study: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to execute a contract with Public Administration Service of McLean, Virginia to perform an employee classification and compensation study for the Town of Leesburg, consistent with their proposal dated June 29, 1994. SECTION II. An appropriation of $21,210, based on the cost estimate submitted in the Public Administration Service proposal dated June 29, 1994, is hereby made from the unappropriated General Fund balance into General Fund Account #200.1202.300.300, Personnel Administration Contractual Services. 94-190 - A RESOLUTION: AUTHORIZING THE MAYOR AND TOWN MANAGER TO EXECUTE A CONTRACT TO PURCHASE APPROXIMATELY 5.7 ACRES FROM LEESBURG PLAZA SHOPPING CENTER ASSOCIATES FOR THE PURPOSE OF LOCATING A PUBLIC SAFETY CENTER WHEREAS, for several years the Town of Leesburg has worked with the Leesburg Volunteer Fire Company to locate a fire station; and WHEREAS, it has been agreed by both the fire company and the Town Council that a 5.7 acre site owned by Leesburg Plaza Shopping Center Associates (LPSCA) is appropriate for use as a public safety center; and WHEREAS, the Deputy Town Attorney and representativesof LPSCA have tentatively agreed to the terms of the a contract which include a purchase price of $3.60 per square-foot for a total price of $893,916; and WHEREAS, the purchase is contingent upon action taken by the town Planning Commission and Town Council at their September 13, 1994, meeting. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor and Town Manager are hereby authorized to execute a contract between LPSCA and the town for the purchase of approximately 5.7 acres to locate a public safety center. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None ll.(i} This item was referred to the September 20, 1994 Finance Committee meeting. 11.(0 MOTION Mr. Trocino made a motion to amend the resolution with thc addition that thc maximum altitude be raised to the FAA maximum and that thc AJ~ort Commission consider beginning a noise abatement study. Stanley Caulkins did not believe this could be done, but said he would chcck into it. Mr. Atwell stated he could not support thc motion and asked that thc issues be taken separately. Mr. Trocino withdrew his motion. MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 94-191 - A RESOLUTION: ENDORSING THE LEESBURG AIRPORT COMMISSION'S APPROVAI~ OF AN AMENDMENT TO THE TRAFFIC RULES OF THE LEESBURG MUNICIPAL AIRPORT RULES, REGULATIONS AND MINIMUM STANDARDS TO REMOVE THE EXISTING NON-STANDARD RIGHT TRAFFIC PATYERN FOR RUNWAY 35 Co9/13/94 -7- 282 WHEREAS, Federal Aviation Administration Advisory Circular No. 90-66A, Recommended Standard Traffic Patterns and Practices for Aeronautical Operations at Airports without Operating Control Towers, recommends the establishment of standard left traffic patterns; and 35; and WHEREAS, Leesburg Municipal Airport presently observes a non-standard right pattern for Runway WHEREAS, the continued use of the non-standard right pattern is a potential safety hazard; and WHEREAS, the removal of the non-standard right pattern will enhance safety, conform with standard practices and minimize the possibility of aircraft accidents; and WHEREAS, following lengthy review and consideration, the Leesburg Airport Commission on March 5, 1994 recommended the removal of the non-standard pattern for Runway 35; and WHEREAS, the FederalAviation Administration reviewedthis recommendation and on May 10, 1994 approved the removal of the non-standard pattern; and WHEREAS, an advertised public information/input session was held by the Leesburg Airport Commission on June 9, 1994, and the matter remained open for further discussion and public input at the July 14, 1994 and August 14, 1994 regular Airport Commission meetings; and WHEREAS, the Leesburg Airport Commission and staff provided a presentation on this recommended pattern change at the Town Council Administration and Public Works Committee meeting on September 6, 1994; and WHEREAS, the Leesburg Airport Commission on September 8, 1994 approved an amendment to the Traffic Rules of the Leesburg Municipal Airport Rules, Regulations, and Minimum Standards to remove the existing non-standard right traffic pattern for Runway 35; and WHEREAS, the Leesburg Airport Commission requests the Town Council's endorsement of this formal action, in order to proceed in updating the FAA Airport Master Record and coordinating the effective date with the Federal Aviation Administration; and WHEREAS, the removal of the non-standard right traffic pattern at the Leesburg Municipal Airport is in the best interest of the public health, safety and welfare: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Leesburg Town Council hereby endorses the Leesburg Airport Commission's approval of an amendment to the Traffic Rules of the Leesburg Municipal Airport Rules, Regulations, and Minimum Standards to remove the non-standard right traffic pattern for Runway 35. Upon the effective date, to be announced as determined in coordination with the Federal Aviation Administration, Leesburg Municipal Airport shall observe two standard left aircraft traffic patterns. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and unanimously adopted. 94-192 - A RESOLUTION: AUTHORIZING THE MAYOR AND TOWN MANAGER TO EXECUTE A CONTRACT TO PURCHASE APPROXIMATELY 5.7 ACRES FROM LEESBURG PLAZA SHOPPING CENTER ASSOCIATES FOR THE PURPOSE OF LOCATING A PUBLIC SAFETY CENTER WHEREAS, for several years the Town of Leesburg has worked with the Leesburg Volunteer Fire Company to locate a fire station: and WHEREAS, it has been agreed by both the fire company and the Town Council that a 5.7 acre site owned by Leesburg Plaza Shopping Center Associates (LPSCA) is appropriate for use as a public safety center; and WHEREAS, the Deputy Town Attorney and representativesof LPSCA have tentatively agreed to the Co9/13/94 -8- O terms of the a contract which include a purchase price of $3.60 per square-foot for a total price of $893,916; and WHEREAS, t6e purchase is contingent upon action taken by the town Planning Commission and Town Council at their September 13, 1994, meeting. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor and Town Manager are hereby authorized to execute a contract between LPSCA and the town for the purchase of approximately 5.7 acres to locate a public safety center. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None ll.(p) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, thc following resolution was proposed and unanimously adopted. 94-193 - A RESOLUTION: APPROVING AN AMENDMENT TO MAP 4, COMMUNITY FACILITIES POLICY, OF THE LEESBURG TOWN PLAN FOR A PUBLIC SAFETY CENTER WHEREAS, on June 29, 1994 the LeesburgTown Council authorized acquisitionof an approximately 5.7 acre parcel of land on Plaza Street behind the Leesburg Plaza Shopping Center to accommodate a Public Safety Center; and WHEREAS, the acquisition of the site was conditioned upon acceptance of the site by the Leesburg Volunteer Fire Department and completion of a successful Town Plan amendment process; and WHEREAS, on July 12, 1994 the Leesburg Volunteer Fire Department accepted the town's offer; and WHEREAS, the Town Council and Planning Commission held a joint public hearing on September 13, 1994; and WHEREAS, the Planning Commission recommended approval of this Town Plan amendment following the joint public hearing. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Map 4, Community Facilities Policy of the Town Plan is hereby amended to show a Public Safety Center on a parcel of land on Plaza Street behind the Leesburg Plaza Shopping Center. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None 11.(o) This item was referred to the September 20, 1994, Planning and Zoning Committee meeting. NEW BUSINESS 12.~v) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 94-194 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE 283 GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR KINCAID FOREST SECTION 10A RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Co9/13/94 -9- 284 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 Kincaid Forest Section 10A. SECTION II. The extension of municipal water and sewer for Kincaid Forest Section 10A is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. A corporate surety bond in a form approved by the town attorney from the American Motorist Insurance Company in the amount of $433,299.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Kincaid Forest Section 10A. VOTE Nay: Abstain: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem None Councilmember Trocino MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 94-195 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR KINCAID FOREST SECTION 6B 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 Kincaid Forest Section 6B. SECTION II. The extension of municipal water and sewer for Kincaid Forest Section 6B is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. A corporate surety bond in a form approved by the town attorney from the American Motorist Insurance Company in the amount of $1,249,854.65 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 Section 6B. VOTE Nay: Abstain: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor 'Clem None Councilmember Trocino 12.(x) MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolution was proposed and adopted. 94-196 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE GUARANTEE FOR THE WASHINGTON FEDERAL SAVINGS BANK 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 Tb..e Washington Federal Savings Bank. SECTION II. A cash bond in the amount of $36,468.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for The Washington Federal Savings Bank. VOTE Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem Co9/13/94 -10- 285 Nay: None Abstain: Councilmember Trocino 12.(y) - MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolution was proposed and adopted. 94-197 - A RESOLUTION: MAKING REAPPOINTMENTS TO THE BOARD OF GRIEVANCE COMMISSIONERS WHEREAS, the town's Board of Grievance Commissioners must be updated annually: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: In accordance with Section 12.1-55 of the town's Personnel Manual, the following persons are reappointed to the Board of Grievance Commissioners: Non-supervisory Employee Members Nelson Downs David Fawley Nancy Fixx Shirley Haines Mary Mack Janet Smith Supervisory Employee Members Catherine Polen Randolph W. Shoemaker O'Neal Stewart Citizen Members Gary Cochran Janet Frey Dr. Alan Stanford VOTE Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None Mr. Atwell asked if commission members would be allowed to serve on more than one commission, and also would the Council incorporate the Ad Hoc Tree Committee into the Environmental Advisory Commission or leave it as a separate committee. It was agreed that members would serve on one commission only. Mayor Clem stated the members of the Tree Committee would be considered for vacancies on the Environmental Advisory Commission, The remaining members would be kept on a list for later consideration. This matter was referred to the worksession of September 30, 1994. MOTION On motion of, and duly seconded the following motion was made: Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344 (a), Subsection (1) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to discuss appointments to various Town of Leesburg commissions. VOTE Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None MOTION On motion of, and duly seconded the following motion was made: Co9/13/94 - 11- 286 I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. VOTE Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None MOTION On motion of, and duly seconded, the following resolution was proposed and unanimously adopted: 94-198 - RESOLUTION: CERTIFYING EXECUTIVE SESSION OF SEPTEMBER 13, 1994 WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in Executive Session in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Leesburg Town Council. VOTE Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None MORON On motion of, and duly seconded, the following resolution was proposed and unanimously adopted: 94-199 - RESOLUTION - MAKING APPOINTMENTS TO THE LEESBURG ENVIRONMENTAL ADVISORY COMMISSION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: John Tolbert, Robert Lake, Mary Anne Newman, Tom Hall and Jim Dorsey are reappointed to the Environmental Advisory Commission for two year terms to expire on June 30, 1996. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None MOTION On motion of, and duly seconded, the following resolution was proposed and adopted: 94-200 - RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG PLANNING COMMISSION WHEREAS, a vacancy currently exists due to the resignation of Dorothy Galloway: THEREFORE, RESOLVED by the Council cf the Town of Leesburg in Virginia as follows: B. J. Webb is appointed to the Leesburg Planning Commission to fill the unexpired term of Dorothy Galloway whose term of office will expire on December 31, 1994. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb and Mayor Clem Nay: Councilmember Umstattd MOTION On motion of, and duly seconded, the following resolution was proposed and unanimously adopted: Co9/13/94 -12- 287 94-201 RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG ECONOMIC DEVELOPMENT COMMISSION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Ellen Wall is appointed to the Leesburg Economic Development Commission for a two year term to expire on June 30, 1996. VOTE Aye: Nay: MOTION On motion of, and duly seconded, the meeting was adjourned. Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None Clerk of Council · Clem, Mayor Town of Leesburg Co9/13/94 -13-