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HomeMy Public PortalAbout1995_09_12TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1995 A regular meeting of the Leesburg Town Council was held on September 12, 1995, 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 Reverend Stinger of the First Mount Olive Baptist Church SALUTE TO THE FLAG was led by Bryan Smith, for the Merit Badge for Citizenship in the Community ROLL CALL Councilmembers present George F. Atwell Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb (absent) Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Zoning Administrator Scott Johnson Airport Manager Juan Rivera Town Attorney George Martin Town Clerk Barbara Markland APPROVAL OF MINUTES MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the special meeting minutes of July 28, 1995 and the regular meeting minutes of August 8, 1995 were approved as written. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, and Mayor Clem Nay: None Absent: Councilmember Webb RESOLUTION OF RESPECT MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the following Resolution of Respect was proposed and adopted. RESOLUTION OF RESPECT Donald G. Butler WHEREAS, Donald G. Butler, a resident of Leesburg, died Friday, September 8, at the age of 48; and ' WHEREAS, Mr. Butler was a bank officer with the old Peoples National Bank in Leesburg, and continued with the bank after its purchase by First American National Bank; and WHEREAS, Mr. Butler reached the position of Vice President before his retirement in 1993; and WHEREAS, Mr. Butler was active in many civic affairs in the Leesburg area, including the Loudoun County Chamber of Commerce and First Night Leesburg; and WHEREAS, Mr. Butler also se~ed for ten years on the Leesburg Economic Development Advisory Commission, from 1983 to 1993. THEREFORE, RESOLVED that the Mayor and members of Council of the Town of Leesburg in Virginia extend their sympathy to Mr. Butler's family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his family. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem Nay: None Absent: Councilmember Webb PETITIONERS Mr. J. B. Anderson, representing Loudoun House Coalition, Inc., provided the Council with an update of the coalition's progress throughout the year. Mr. Brown presented Mr. Anderson with a Certificate of Appreciation for all of his efforts and hard work. Mr. Jason Duberman, owner of CLIO's Book Store on Loudoun Street, addressed the Council with regard to the changes in the refuse collection for the downtown merchants. Mr. Duberman expressed concerns with these changes, stating that notification was not received by all of the merchants. He pointed out that there are now four days between refuse pick-up - Friday to Tuesday. He suggested the Council reconsider this matter. Mayor Clem asked Mr. Brown to provide a report on this matter. Mr. Donald Stebbins, a resident of 602 Edwards Ferry Road, addressed the Council with regard to a proposed changed to the improvements on Edwards Ferry Road which would result in the loss of several very large trees on his property. Mr. Mason addressed Mr. Stebbins stating that he is unaware of any changes to the improvements. The plans that the town has, provide for the retaining wall as originally planned. Mr. Mason assured Mr. Stebbins that if any changes are received by the town the residents would be notified. PUBLIC HEARING: Special Exception Application #SE-95-05 First Mount Olive Baptist Church Mr. Johnson provided the staff report. There being no public comment, the Mayor closed the public hearing. COUNCILMEMBER COMMENTS Mr. Buttery thanked Mr. Anderson for all of his efforts with the Loudoun House Coalition. He complimented Mr. Anderson on the submittal of the financial report for the coalition and stated that all groups requesting town funds, in the future, will be required to submit a similar financial report. Mr. Buttery pointed out that the 1995/96 school year has started and encouraged citizens to obey all of the traffic laws and speed limits. Mr. Buttery announced that the 2nd Annual Oatlands Hunt Country Antique Fair will soon be held and encouraged everyone to attend. Mr. Buttery encouraged the town citizens to become involved with the town government. Ms. Umstattd spoke of Cable Vision of Loudoun's new Eyes and Ears Program. Mr. Trocino stated Internet is beginning to function well. The town is receiving 2 to 3 E-Mails a day from citizens. Mr. Trocino stated, with regard to the erection of the county government center, it is time to capitalize on the investment that the town has made by developing a methodology for density of the perimeter area of the building. Perhaps give it more commercial density. Mr. Atwell stated the Balch Library Commission met on September 11. For the month of July there was a 14 percent increase in usage over the previous year and a 21 percent increase in usage for the month CO 9/12/95 -2- of August over the previous year. Due to a demand by people interested in history and genealogy, the library's hours of operation have been expanded. Mr. Atwell stated a Leesburg Antique Show will be held at the National Guard Armory on October 20 through October 22, to benefit the Balch Library. The Friends of the Thomas Balch Library Committee has organized. Their purpose is to lend assistance in both volunteer hours and contributions to the operation and extension of the Balch Library. The first co-sponsored education forum featuring David Vie, who has written about the cemeteries in Loudoun County, will be held soon. Mr. Atwell stated Mike Carol of the Leesburg Vintner was awarded the Governors Cup or being one of the outstanding vintner shop operators in Virginia. Mr. Atwell pointed out that nothing has been done with the Mighty Midget Kitchen since it was awarded to MacDowell Kitchens. The agreement with Mr. MacDowell and the town was to be signed one year ago and as of yet the contract has not been executed by Mr. MacDowell. Mr. Atwell asked staff to contact Mr. MacDowell to determine what his intentions are. There is a reversionary clause in the agreement and adopted resolution that if Mr. MacDowell has no immediate plans to put the kitchen into operation as the Mighty Midget Kitchen, the town can take the kitchen back and determine a better future for it then is presently in existence. Mr. Atwell suggested the Town Council schedule a meeting to discuss the draft proposals of the Town Plan prior to the submission of the plan from the Planning Commission. The Council needs to be in a better position to help the Planning Commission as they move forward to present their final recommendation to the Council. The Council needs to take some time to think about what the town should look like in the next 5 to 10 years. Ms. Emswiller stated the LEDC is gearing up for the Greenway Ceremony on September 29. The LEDC is currently looking into types of signage for the Greenway. Directional signage from the Greenway to Downtown Leesburg. A report will be prepared. The League of Women Voters, Leadership Loudoun and the Sterling Education Counsel are sponsoring the debates for the candidates in this fall's election. Many of the debates will be held in the town government center. Ms. Emswiller encouraged citizens to attend the debates. This is a good opportunity to ask the candidates questions. Ms. Emswiller encouraged the developers in Leesburg to be sensitive to the fact that school has started and children are on the streets. Ms. Emswiller stated she has been concerned about the appearance of the town and Ida Lee Park. Staff has been working diligently to upgrade and improve the town's appearance. She suggested the Town Council schedule a tour of the town to make recommendations on how to improve the appearance of the town. Ms. Emswiller stated that on September 10, the French Ambassador and his wife were in town to tour Dodona Manor. They were very impressed. MAYOR' REPORT Mayor Clem congratulated Miss Eve Sampson for winning the 1996 Miss Teen USA. Mayor Clem commented on the success of August Court Days. He suggested the Council meet on October 13, 1995 to discuss the proposed revisions to the Town Plan. MANAGER'S REPORT Mr. Brown introduced Juan Rivera, the town's newly appointed Airport Manager. Airport Chairman Stanley Caulkins stated the Airport Commission is very pleased to have Juan on board. Juan brings a new era of professionalism to the airport. Mr. Brown reported that two block parties have been scheduled: CO 9/12/95 -3- · September 15-17,-1995 for the Rotary Mini Grand Prix at the Leesburg Airport. · September 16, 1995 at Nickels Drive from 3pm to 8pm. LEGISLATION: 1I. (a) MOTION On motion of Ms. Umstattd, seconded by Ms. Emswiller, the following ordinance was proposed and adopted. 95-0-23 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-95-05 BY FIRST MOUNT OLIVE BAPTIST CHURCH WHEREAS, the First Mount Olive Baptist Church in the RH-D/H-1 zoning district has requested special exception approval to expand the existing church sanctuary located at 216 Loudoun Street, S.W., to accommodate seating for approximately 500 members; and WHEREAS, expansion of a place of worship is a special exception use in this zoning district; and WHEREAS, on August 7, 1995, the Board of Architectural Review approved the elevations for the proposed structure with case BAR-95-72; and WHEREAS, on September 7, 1995, the Planning Commission forwarded a recommendation to Council to approve the church expansion; and WHEREAS, the Leesburg Volunteer Fire Company has an agreement with the church to provide parking spaces at the fire house located at 215 Loudoun St. S.W. to accommodate the additional 65 spaces required by this expansion; and THEREFORE, ORDAINED by Council of the Town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-95-05 by First Mount Olive Baptist Church located at 216 Loudoun Street, S.W., is hereby approved subject to the following conditions: All existing screening and buffer yard requirements established in BAR-91-31 and approved with SE-91-01 shall remain in effect. The expansion of the sanctuary will be in accordance with the approved BAR-95-72, which includes the agreement of the church that trees removed for construction would be replaced. SECTION II. Approval of the special exception concept plan does not authorize modifications to any requirements to the Design and Construction Standards Manual, Subdivision and Land Development Regulations, or the Zoning Ordinance except as specifically set forth in this ordinance. SECTION III. This ordinance shall be in effect upon its passage. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem Nay: None Absent: Councilmember Webb H. (b) MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the following ordinance was proposed. 95-0-24 - ORDINANCE - AMENDING SECTIONS 2.1-2, 2-94, 5.1-80, 5.2-1, 2-92, 11.1-1, 13-16, 2-96 OF THE TOWN CODE AND ARTICLE 16, SECTION 16A-4 OF THE ZONING ORDINANCE TO STANDARDIZE THE STRUCTURE OFTHE TOWN'S BOARDS AND COMMISSIONS THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: CO 9/12/95 4- SECTION I. Chapter 2.1, Section 2.1-2 Airport Commission created is hereby amended to read as follows: Section 2.1-2. Airport Commission created. The Leesburg Airport Commission is hereby established. The commission shall consistL-.g of seven members who shall be residents of the town and appointed by the Town Council. aa4Ll~r-~,aaR~ · '~!!ed '.he "cemm,.'_~'.'en'' '.'s created. The Ce,_,nc;J sba!! appo~.n*. al.! menaCe-rs ,:;he sha!! be re~'.'dent~ ef *.he to fill a va~n~ shall be for the une~ired te~. ~e Council shall also ap~int one of its members to the mmmission who shall be a non-voting member of the mmmission and whose term of office shall m~es~nd to the official tenure of office as a Councilmember. Three men.rs' terms shall e~ire on June 30, 1996, and four members' terms shall expire on June 30, 1997. Thereafter, members shall serve two-year terms. The commission shall elect its chairpersonmaa and vice-chairpersonman annually and may elect one of its members as its secretary. The commission shall meet monthly or as determined by the commission. The chairperson is required to report any attendance problems to the Town Council, which has the authority to require a member to resign if the said member is absent from three consecutive, regular monthly meetings. SECTION II. Chapter 2, Article IX. Balch Library Commission is hereby amended to read as follows: Section 2-94. Balch Library Commission created (a) The Balch Library Advisory Commission is hereby established. The commission shall consist of seven members, not less than four members shall be residents of the town and appointed by the Town Council. An appointment to fill a vacancy shall be for the unexpired term. The Council shall also appoint one of its members to the commission who shall be a non-voting member of the commission and whose term of office shall correspond to the official tenure of office as a Councilmember..~.~_ember_~ e~a!! ~e.~,e f?2r year !erm_~. Three members' terms shall expire on June 30, 1996, and four members' terms shall expire on June 30, 1997. Thereafter members shall serve two-year terms. SECTION IlL Chapter 5.1, Article XVlI, Section 5.1-80 Cable Television Advisory Commission is hereby amended to read as follows: Section 5.1-80. Cable Television Advisory Commission created e_~!"b!L~he~ 7,e-"-e-"~!!y. (a) The Leesburg Cable Television Advisory Commission is hereby established. The commission shall consist of seven members who shall be residents of the town and appointed by the Town Council. 'r~,~ ~,~,,~ ~,~ o,,, ~k~. ~o, k~ ,,~,~ ;~ k~ ~. ~k~ taws. An ap~intment to fill a vacan~ shall be for the une~ired term. ~Zembers members by and whb the co~e~t of t~e Tew~ Ce,ancO! and ~o mem~rs shall ~ ap~intcd ~ thc ~anchisee by and with thc ~nsent of thc Town ~un~l. ~e ~uncil shall al~ ap~int one of its mem~r~ ~em t~e Ce'a~c!I ~o ~e~e e~ t~ thc ~mmi~ion who shall ~ a non-voting mem~r of thc ~mmission and whose term of o~ shall ~rres~nd to the ~ o~al tenure of office as a ~un~lmcm~r. ~rec mem~rs' terms shall e~ire on June 30, ~1 and four members' terms shall e~ire on June 30, 1~. ~erea~er members shall seine ~o-vear terms. No member of thc ~mmi~ion shall have any interest in ~anchisee or its ~ntractors' or be an employee of the town. Members of the ~mmi~ion shall be sub<ribers of the cable tele~sion ~stem during their te~s when ~cc is available to their residences. SECTION IV. Chapter 5.2, Article I. Economic Development Commission, Section 5.2-1 is hereby amended to read as follows: Section 5.2-1. Economic Development Commission established, preamble; mission, general CO 9/12/95 -5- composition; meetings. (c) The Leesburg Economic Development Commission is hereby established. The commission shall consist of seven members who shall either be residents of the town, town property owners, business owners or any one employed in the town and appointed by the Town Council. The Council shall also appoint one of its members to the commission who shall be a non-voting member of the commission and c~,~ ~,~: ,ho ,~omk .... h~, ho .... k,~e ,~e tho c,,, .... a o,.~,~,,oa ~, the c¥, ....a whose term of office shall correspond to the 1~ official tenure of office as a Councilmember. A_.~n appointment to fill a vacancy shall be for the unexpired term. The Counc'.'!member __.ho_!! be -_ non-voting e~ire on June 30, 1996, and four members' terms shall e~ire on June 30, 19~. ~erea~er members shall se~e ~o-year terms. The Mayor of ~esburg, a Leesburg Planning ~mmission member, a Leesburg Parks and Recreation Ad~ Commission member and the A~istant Town Manager for E~nomic Development shall be ap~inted by the Council as ex-officio (non-voting mem~rs of the ~mmission). SECTION V. Chapter 2, Article VIII. Environmental Advisory Commission, Section 2-92 is hereby amended to read as follows: Section 2-92. Environmental Advisory Commission created (a) The Leesburg Environmental Advisory Commission (EAC) is hereby established. The commission shall consist of up !o t. en members seven members who shall be residents of the town and appointed by the Town Council. An appointment to fill a vacancy shall be for the unexpired term. _n~..e Co,_'nci! eh°l! app,2~int al! members ,:.,ho shall be residen:s of :he town. The Council shall also appoint one of its members to the commission who shall be a non-voting member of the commission and whose term of office shall correspond to the official tenure of office as a Councilmember..~.n. ember~ shall for !erms of two years. Three members' terms shall expire on June 30, 1996, and four members' terms shall expire on June 30, 1997. Thereafter members shall serve two-year terms. SECTION VI. Chapter 11.1, Article I. Parks and Recreation Advisory Commission, Section 11.1- 1 is hereby amended to read as follows: Section 11.1-1. Parks and Recreation Advisory Commission created ~,ablish~; general composition; meetings. (a) The Leesburg Parks and Recreation Advisory Commission is hereby established. The commission shall consist of e,i~ha-,n~ seven members who shall be residents of the town and appointed by the Town Council. An appointment to fill a vacancy shall be for the unexpired term. The a~oinane, a~ The Council shall also appoint one of its members to the commission who shall be a non- whose term of office shall correspond to the la. ia official tenure of office as a Councilmember. The t_e..':m_~ .a....,.;,.t,..o.t~ t.. tho ;.;,;o~ 'z o~A 9 year to.,,, ~h.a. ko e,.e o ..... t .... Three members' terms shall expire on June 30, 1996, and four members' terms shall expire on June 30, 1997. Thereafter members shall serve two-year terms. SECTION VII. Chapter 13, Article II. Planning Commission, Section 13-16 is hereby amended to read as follows: t Section 13-16. Planning Commission created R~.~tablish~l; composition, appointment; qualifications; terms. The Leesburg Planning Commission is hereby recreated and re-established. The commission shall consist of seven members who shall be residents of the town and appointed by the Town Council ~ ap~intment to fill a vacan~ shall ~ for the une~ired term. ~ree mem~rs' te~s shall e~irc on June 30, 1996, and four members' te~s shall expire on June 301 1~8. ~erea~er mem~rs shall ~e four-year te~s. A majori~ of the mem~rs shall ~ owners of real pro~ with~ the town qualified ~ ~owledge and e~dence to make decisions o~ questions of ~mmuni~ ~o~h and d~elopment. CO 9/12/95 -6- The Council shall appoint-one of its members to the commission who shall be a non-voting member of the commission and One ef '_he members may be a member ef the Ce,_'nci! whose term of office shall correspond to the official tenure ~ of office as a Councilmember unless the Council at the first regular meeting after July 1, each year appoints another member to serve. Vacaneie~ shall be filled t, ..... ;-,,,,,~-, ~:~,r n, ...... ;r~'~ *~-~ Each member of the Planning Commission shall take an oath of office. SECTION VIII. Chapter 2, Article X, Tree Commission, Section 2-96 is hereby amended to read as follows: (a) The Leesburg Tree Commission is hereby established. The commission shall consist of seven members who shall be residents of the town and appointed by the Town Council. The Council shall appoint one of its members to the commission who shall be a non-voting member and whose term of office shall correspond to the official tenure of office as a Councilmember. An appointment to fill a vacancy shall be for the unexpired term. Three members' terms shall expire on June 30, 1996, and four members' terms shall expire on June 30, 1997. Thereafter members shall serve two-year terms. Tb.e SECTION IX. Leesburg Zoning Ordinance Article 16, Section 16A-4 Board of Architectural Review is hereby amended to read as follows: Ordinance Article 16, Section 16A-4. Board of Architectural Review created. (2) Members, Composition and Terms. The BAR shall consist of seven members who shall be residents of the town and appointed by the Mayo~ aod-Town Council. An appointment to fill a vacancy shall be for the unexpired term. The Council shall also appoint one of its members to the BAR who shall be a non-voting member of the commission and whose term of office shall correspond to the official tenure of office as a Councilmember. The Planning Commission shall also appoint one of its members to the BAR whose term of office shall correspond to the official tenure of office as a Planning Commission member. member shall be ~p~inte~ gem the Planning Cemmissien. Effective ~ba~ ~ree members' terms shall e~ire on June 30, 19~ and three members' terms shall e~ire on June 30, 19~. ~ereafler, members shall seine ~o-year terms. ,h~ ,~.~ ~g,h~ ~11n~llm~mh~r on~ SECTION X. This ordinance shall be in effect upon its passage. MOTION Mr. Atwell made a motion to amend the Planning Commission members' terms to four years. The motion was seconded by Ms. Emswiller. Ms. Emswiller stated that the Planning Commission is different from the other commissions, in that, the Planning Commission is governed by state law. She stated two year terms for Planning Commission members are not long enough because of the training that the members receive, paid for by the town. The town would not get its monies worth if two year terms for Planning Commission members is enacted. Mr. Buttery questioned whether Cable Commission members should be required to be cable subscribers, as well as whether or not Planning Commission members have to be owners of real property within the town. He stated a large segment of the community might be excluded from serving on one of these commissions because of these requirements. Ms. Emswiller stated she believed the Planning Commission requirements are governed by state law. Mr. Buttery asked that these issues be addressed at a future committee meeting. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem Nay:. None Absent: Councilmember Webb CO 9/12/95 -7- 11. (c) was withdrawn from the agenda and forwarded to the September 19~ 1995 Administration and Public Works Committee agenda. MOTION On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolutions were proposed as consent and unanimously adopted. 95-175 - RESOLUTION - DECLARING PARCEL A OF PLAZA STREET PARK AS SERVING NO GOVERNMENTAL PURPOSE AND AUTHORIZING ADVERTISEMENT FOR SALE WHEREAS, the town entered into a lease agreement with Loudoun House Limited Partnership in 1991 for the operation of Plaza Street Park; and WHEREAS, the lease agreement has allowed Loudoun House Limited Partnership to better supervise and secure the park for its residents; and WHEREAS, Loudoun House Limited Partnership has requested to purchase the property; and WHEREAS, the town has determined the park serves no governmental purpose for the general public: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Parcel A of Plaza Street Park is hereby declared as serving no governmental purpose. SECTION II. The Town Manager is authorized to advertise for sale and accept bids for Parcel A of Plaza Street Park containing 0.98765 acres. 95-176 - RESOLUTION - ESTABLISHING A GROUP LEGAL CARE PLAN OPTIONAL BENEFIT FOR TOWN OF LEESBURG EMPLOYEES WHEREAS, the Town Manager and the Personnel Department have considered the establishment of a group legal care plan as a new optional benefit for town employees; and WHEREAS, Legal Resources of Maryland offers a quality, affordable pre-paid legal services plan to organizational employees and their families; and WHEREAS, many other local governments have utilized Legal Resources; and WHEREAS, presentations have been made to town elnployees, a participation agreement has been administratively executed and the optional employee enrollments have been made, effective September 1, 1995; and WHEREAS, the town's sponsorship or participation in the employee optional benefit program will renew from year to year, but may be canceled by either party with written notice 90 days prior to annual renewal; and WHEREAS, there is no cost to the town for the program, and employees may not use the legal services plan for any matter, controversy or proceeding against the town as the employer offering this optional benefit: THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows: The Leesburg Town Council hereby endorses the establishment of an employee group legal care plan optional benefit with Legal Resources of Maryland. The Town Manager is hereby authorized to act as the administrator of the plan representing the town, and to execute such agreements as necessary to implement the plan. Employees shall be under no obligation to participate in the optional benefit plan, and there shall be no cost to the town for the program. 95-177 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR PAXTON SECTION 2 WHEREAS, the Paxton Development Company, the developer of Paxton Section 2, has not completed all the required public improvements in accordance with the approved construction drawings CO 9/12/95 -8- and town standards withia the two-year period agreed to in the contract for public improvements and previously approved extensions thereto; and WHEREAS, the developer is in the final stage of the project and the last three (3) remaining lots have now been sold; and WHEREAS, the developer has requested a ninety (90) day time extension to complete the remaining public improvements; and WHEREAS, a letter of credit from the F & M Bank Winchester in the amount of $37,593.22 was provided to guarantee the installation of public improvements in Paxton Section 2. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from F & M Bank Winchester in the amount of $37,593.22 is approved to guarantee the installation of public improvements in Paxton Section 2. SECTION II. A time extension to November 28, 1995 for completion of the remaining public improvements is approved. 95-178 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR LEESBURG GATEWAY LOT 1 WHEREAS, the Double T Corporation, the developer of Leesburg Gateway Lot 1, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a six (6) month time extension to complete the public improvements; and WHEREAS, a cash bond in the amount of $21,625.00 is approved to guarantee the installation of public improvements in Leesburg Gateway Lot 1. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The cash bond in the amount of $21,625.00 is approved to guarantee the installation of public improvements in Leesburg Gateway Lot 1. SECTION II. A time extension to February 21, 1996 for completion of the remaining public improvements is approved. 95-179 - RESOLUTION - ACCEPTING THE PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE WASHINGTON FEDERAL SAVINGS BANK WHEREAS, the Washington Federal Savings Bank has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The cash performance guarantee in the amount of $36,468.00 is released and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $1,823.40 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 95-180 - RESOLUTION - ACCEPTING THE PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT EXETER SECTION 9 WHEREAS, Richmond American Homes, the developer of Exeter Section 9, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. CO 9/12/95 -9- THEREFORE, R-ESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the American Motorists Insurance Company in the amount of $313,360.60 is released and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $78,340.15 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 95-181 - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION ADMINISTRATION & MANAGEMENTOFTWO IMPROVEMENTPROJECTS IN THE TOWN OF LEESBURG KNOWN AS RIGHT TURN LANE AT ROUTE 621 EVERGREEN MILLS ROAD AT ROUTE 15 AND RIGHT TURN LANE AT CARDINAL PARK DRIVE AT ROUTE 7 WHEREAS, the Virginia Department of Transportation (VDOT) Six Year Improvement Program for Fiscal Year 1995-1996 through 2000-2001 for urban highways includes an allocation of Regional Surface Transportation funds for construction of two improvement projects in the Town of Leesburg known as right turn lane on Route 621 Evergreen Mills Road at Route 15 and right turn lane on Cardinal Park Drive at Route 7 Leesburg Pike and identified as Projects U000-253-V06, C-501 and U000-253-V07, C-501, respectively; and WHEREAS, the town and VDOT desire to construct the projects as expeditiously as possible; and WHEREAS, the town entered into an agreement with VDOT for the town to administer and manage the design and bidding phases of the projects; and WHEREAS, the current agreement between the town and VDOT requires execution of an additional agreement between the town and VDOT for administration of the construction contract; and WHEREAS, the town has received Loudoun County Gas Tax funds for the turn lanes which will be used to pay costs for design, easements, and a portion of the construction; and WHEREAS, the proposed agreement has been reviewed by the Deputy Town Attorney; and WHEREAS, administration and management of the turn lane projects by the town will be more efficient since these roads are operated and maintained by the town and the overall scope of the work is uncomplicated. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to sign the agreement with VDOT in a form approved by the Deputy Town Attorney for the construction administration and management of the turn lanes at Cardinal Park Drive and Evergreen Mills Road as identified above. 95-182 - RESOLUTION - ROUTE 7 IMPROVEMENTS LOCATION AND DESIGN PUBLIC HEARING WHEREAS, a Location and Design Public Hearing was conducted on June 1, 1995 at the Ashburn Elementary School by representatives of the Commonwealth of Virginia, Department of Transportation after due and proper notice for the purpose of considering the proposed location and design of Route 7 Improvements Project #6007-053-F24; M-503 and 6007-053-F08, C-503, M-504 in the Town of Leesburg at which having aerial photographs, drawings, and other pertinent information was made available for public inspection in accordance with state and federal requirements; and WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; and WHEREAS, a representative of the Town of Leesburg was present and presented comments; and WHEREAS, the Council had previously requested the Virginia Department of Transportation to program the project; and WHEREAS, the Council has considered all such matters. CO 9/12/95 -10- THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town of Leesburg approves the location and major design features including town comments from the Department of Engineering and Public Works dated May 30, 1995. 95-183 - RESOLUTION - AUTHORIZING AN EQUIPMENT LEASE/PURCHASE FINANCING AGREEMENT WITH FIRST UNION NATIONAL BANK OF VIRGINIA WHEREAS, the budget for fiscal year 1996 provided for the lease/purchase of equipment such as police cars, pick-up and dump trucks, and mowers; and WHEREAS, an Invitation for Bids was released to various financial institutions seeking bids for the equipment lease/purchase; and WHEREAS, on August 31, 1995, bids were received from five financial institutions in response to the IFB; and WHEREAS, it was determined that the bid received from First Union National Bank of Virginia met all conditions of the IFB and was the lowest responsive and responsible bid received; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the manager is authorized to execute an equipment lease/purchase agreement with First Union National Bank of Virginia at an annual cost of $91,100.81. 95-184 - RESOLUTION - AUTHORIZING MATCHING FUNDS FOR THE COPS FAST GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE WHEREAS, on March 22, 1995 the Town of Leesburg applied for a COPS FAST grant for one new police officer position for community policing; and WHEREAS, on April 5, 1995 the U.S. Department of Justice approved 75% funding, including salary and benefits, for one new police officer for the Town of Leesburg; and WHEREAS, this COPS FAST Grant #95-CFWX0275 is for a maximum of $75,000 over a three (3) year period; and WHEREAS, the adopted Town of Leesburg Police Department FY '96 Budget, effective July 1, 1995, includes the $9,011.26 necessary for the town's 25% share of funding for the first year of this grant program: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Leesburg Town Council hereby authorizes the expenditure of the town's matching funds, as budgeted, for the implementation of COPS FAST Grant #95-CFWX0275, and the Town Manager is hereby directed to have the Chief of Police send a copy of this resolution to the U.S. Department of Justice. 95-185 - RESOLUTION - WAIVING THE FEES FOR THE 1995 LOUDOUN COUNTY HIGH SCHOOL HOMECOMING PARADE AND APPROPRIATING FUNDS TO THE POLICE DEPARTMENT BUDGET WHEREAS, Loudoun County High School has requested a waiver for police costs to conduct their annual homecoming parade on Saturday, October 14, 1995; and WHEREAS, the cost for police service is $700.00; and WHEREAS, on September 5, 1995, the Town Council Finance Committee recommended waiving the fees for the 1995 Loudoun County High School Homecoming Parade by a vote of 3-0: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to wane the special event's fees for the 1995 Loudoun County High School Homecoming Parade in the amount of $700.00. SECTION II. The total of $700.00 is hereby appropriated from the unappropriated fund balance to the appropriate Police Department budget account. CO 9/12/95 -11- 95-186 - RESOLUTION-MAKING A CONTRIBUTION TO THE CHARLES RICHARD BARTON I SCHOLARSHIP FUND WHEREAS, Deputy Sheriff Charles H. Barton, of the Loudoun County Sheriffs Department was killed in the line of duty on August 22, 1995; and WHEREAS, the Charles Richard Barton I Scholarship Fund has been established for Deputy Barton's grandson; and WHEREAS, as an expression of respect and sympathy to Deputy Barton's family, the Leesburg Town Police Department has requested a contribution be made to the Charles Richard Barton I Scholarship Fund on behalf of the Town of Leesburg: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to make a contribution in the amount of $250.00 to the Charles Richard Barton I Scholarship Fund on behalf of the Town of Leesburg. 95-187 RESOLUTION - AUTHORIZING REIMBURSEMENT FOR WATERLINE CONSTRUCTION WHEREAS, the adopted FY 1996-2000 Capital Improvements Program includes the Phase III Main Zone Water System Improvements project for construction in FY 96; and WHEREAS, development of Leesburg Park by Pence-Friedel Corporation affords the town the opportunity to have a significant portion of the Phase III water system improvements constructed by Pence-Friedel Corporation at a substantial savings to the town; and WHEREAS, Pence-Friedel Corporation has agreed to construct 1,358 feet of 16" waterline, including vanes and fittings, for a cost of $59,732.00 exclusive of cost for rock excavation, unsuitable material excavation and undercut or replacement with select fill; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is hereby authorized and directed to reimburse Pence-Friedel Corporation upon completion of construction of the 16" waterline improvement in the amount of $59,732.00 and to pay additional costs for rock excavation and material replacement necessitated by soil conditions. 95-188 - RESOLUTION - AWARDING A CONTRACT FOR THE CONSTRUCTION OF RIGHT TURN LANES AT CARDINAL PARK DRIVE AT ROUTE 7 AND AT EVERGREEN MILLS ROAD AT ROUTE 15 WHEREAS, the town's Capital Improvement Program includes two projects for constructing right turn lanes at Cardinal Park Drive at Route 7 and Evergreen Mills Road at Route 15, which are transportation system improvements designed to enhance traffic safety and efficiency and WHEREAS, funding for this project is provided by Federal Regional Surface Transportation Program Funds, Loudoun County gas tax funds and town general funds; and WHEREAS, bids were solicited and received under Section 8.1, Competitive Sealed Bidding of the Leesburg Purchasing Policy for the construction of these improvements; and WHEREAS, the bids were evaluated pursuant to the bid documents and the Town's Purchasing Policy; and WHEREAS, Brad Reckert & Sons Paving Co., Inc. is the lowest bidder at $86,435.65, and has been declared to be both responsible and responsive; and WHEREAS, in accordance with the terms of the current agreement between the town and VDOT for the turn lane projects, the bid results were submitted to VDOT for review and the award of the construction contract was approved by the Commonwealth Transportation Board; and WHEREAS, the current agreement with VDOT requires the execution of an additional agreement between the town and VDOT for administration of the construction contract. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized and directed to execute, on behalf of the town, CO 9/12/95 -12- a lump sum contract with Brad Reckert & Sons Paving Co., Inc. for the contract amount of $86,435.65 for construction of the right turn lanes at Cardinal Park Drive at Route 7 and Evergreen Mills Road at Route 15. SECTION II. The Notice of Award to Brad Reckert & Sons Paving Co., Inc. will be withheld until the town has executed an agreement with the Virginia Department of Transportation for the administration of the construction contract. 95-189 - RESOLUTION- RESCHEDULINGTHE OCTOBER 10, 1995 TOWN COUNCIL MEETING TO WEDNESDAY, OCTOBER 11, 1995 WHEREAS, Town Council members will be attending the 1995 Virginia Municipal League (VML) conference on October 10, 1995; and WHEREAS, this year's VML conference conflicts with the October 10, 1995 Town Council meeting; and WHEREAS, the Administration and Public Works Committee, at its September 5, 1995 meeting voted unanimously to reschedule the October 10, 1995 Town Council meeting to Wednesday, October 11, 1995: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The regularly scheduled Town Council meeting of Tuesday, October 10, 1995 is rescheduled to Wednesday, October 11, 1995 at its regular time. SECTION II. The town manager is hereby authorized to place an advertisement in the Leesbur~ Today to properly notify the town's citizenry. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem Nay: None Absent: Councilmember Webb 11. (s) was withdrawn from the agenda and referred to the September 19, 1995 Planning and Zonine Committee agenda. 12. NEW BUSINESS MOTION On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 95-190 - RESOLUTION - AWARDING A CONTRACT FOR ENGINEERING AND DESIGN OF IMPROVEMENTS TO FOUR INTERSECTIONS WHEREAS, a Request for Proposals was issued for Engineering and Design of improvements to the intersections of Edwards Ferry Road at Plaza Street, Evergreen Mills Road at South King Street, Fort Evans Road at East Market Street, Catoctin Circle/Fairview Street at West Market Street; and WHEREAS, proposals were received from seven firms; and WHEREAS, a selection committee reviewed the proposals and selected three firms for interview; and WHEREAS, Bengtson, DeBell and Elkin, Ltd. of Centreville, Virginia was selected as the top ranked firm; and WHEREAS, a contract has been negotiated with a fee of $100,000 for the work to be performed; and WHEREAS, funds for the engineering and design of the projects are available from appropriated Capital Projects funds; and WHEREAS, the selection committee recommends award of a contract for Engineering and CO 9/12/95 -13- Design Services to the Bengtson, DeBell & Elkin, Ltd. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Contract for Engineering and Design Services for the Four Intersection Improvements is hereby awarded to Bengtson, DeBell & Elkin, Ltd. of Centreville, Virginia. The Town Manager is authorized to sign on behalf of the town a contract with Bengtson, DeBell & Elkin, Ltd. in the amount of $100,000 therefor. MOTION On motion of, and duly seconded, the meeting was adjourned at 9:35 p.m. Clerk of Council mes E. Clem, Mayor CO 9/12/95 -14-