HomeMy Public PortalAbout1996_02_27TOWN COUNCIL MEETING MINUTES OF FEBRUARY 27, 1996
A regular meeting of the Leesburg Town Council was held on February 27, 1996, at 7:30 p.m.,
in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order
by Mayor Clem.
ROLL CALL
Councilmembers present
George F. Atwell
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Finance Paul E. York
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Planner Marilee Seigfried
Town Attorney George Martin
Town Clerk Barbara Markland
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following proclamation was proposed and
unanimously adopted.
A PROCLAMATION
AMERICAN CANCER SOCIETY
DAFFODIL DAYS
WHEREAS, cancer strikes in three of four families; and
WHEREAS, the citizens of Leesburg look to the American Cancer Society for hope in the fight against
cancer through its programs of research, education, and patient service; and
WHEREAS, the daffodil is the first sign of spring and a symbol of hope; and
WHEREAS, the American Cancer Society, through its Daffodil Days, raises money that ,,viii support
its efforts to eliminate cancer as a major health problem.
THEREFORE, BE IT RESOLVED, that I, James E. Clem, Mayor of the Town of Lcesburg, do hereby
proclaim March 12, 1996 to be the official American Cancer Society Daffodil Day and in so doing, urge all
citizens to play their part in cancer control by supporting the American Cancer Society as it spreads its
message of hope.
VOTE:
Aye:
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
CERTIFICATES OF APPRECIATION
Councilmembcr Umstattd presented Certificates of Appreciation, in Russian, to Petr l'lonin a::d NickohLV
Davidorsky, followed by supporting comments from the Mayor.
PETITIONERS
Mr. Randy Hollister, Head Master of the Loudoun Country Day School along with Miss Molly Gulland,
Student Cc,~,::: el President, addressed thc Council speaking ebout the school and the programs it offers.
Mr. Hubbard i'u,'ncr, a resid,:,.:5 ,,f Lecshurg, addressed the Council requesting agenda items 1(;. (b) and (c')
referred b~c!,2 i{~ the ,.:,:~."~::;~,:,'c l;,vcJ for fmther c,,r..idelation.
Mr. l)av_e..D..a!~ghc~r[v, ~'¢'prcscming thc ~.oudori? '~ .',w~,~y Transpeitatiov Association, presented its Annu,~l
Re?
Mr. Fred Hetzel, Jr., a resident of Cornwall Street, addressed the Town Council opposing the hospital tank
site. He stated the site is totally inappropriate in the Historic District. With regard to the Town's
Comprehensive Town Plan, Mr. Hetzel expressed concern about the mix of the residential density. He
suggested a study be prepared to see if it is appropriate before any action is taken on the Town Plan.
Mr. Alton Echols, addressed the Council providing a copy of a concept plan, which includes a school site, for
the proposed Leesburg South development.
Ms. Ellen Roberson stated she has spent the past few days with Mr. Plonin and Mr. Davidorsky. She
requested the Town Council and Town of Leesburg adopt these two gentlemen.
Mr. Charles Kaster, formerly of Cablevision of Loudoun, addressed the Council stating Cablevision dismissed
him last week because Cablevision claims he was not doing his job properly. Mr. Kaster expressed several
concerns he has regarding the franchise agreement between Cablevision and the Town of Leesburg.
Mr. Tom Osborne, a resident and business owner in Leesburg, addressed the Council opposing the hospital
tank site location.
6.a. PUBLIC HEARING:
TO CONSIDER SPECIAL EXCEPTION APPLICATION #SE-95-08 ENTERPRISE RENT-A-CAR AT
BELLEWOOD COMMONS
Ms. Seigfried presented the staff report.
Mr. Michael Simpson representing the application was present to answer any questions.
No public comment was received. The Mayor closed the public hearing after questions from the Council were
answered regarding the marking of the nine parking spaces for the rental company.
6.b. PUBLIC HEARING:
TO CONSIDER THE PROPOSED BOND FINANCING BY THE TOWN OF LEESBURG, VIRGINIA
Mr. Brown and Mr. York presented the staff report.
Ms. Umstattd asked, by what amount does this increase the town's total debt service obligations per year?
Mr. York stated the total debt service on the bond will be slightly over $1 million a year.
The Mayor closed the public hearing.
COUNCILMEMBER'S COMMENTS
Ms. Emswiller thanked the citizens for their comments this evening, as well as Miss Molly Gullund for her
comments regarding the American Cancer Society's Daffodil Days and the upcoming Relay f,~r Life Event.
Ms. Emswiller attended the Smithsonian opening at the Airpark.
Mr. Atwell commended the visitors from Russia.
Mr. Atwell referenced his involvement with Coaches for Cancer and the pledges for the number of baskets
made during this event.
Mr. Atwell, stated with regard to Mr. Castor's comments, that Mr. Rainwater, principal owner of Cablevision,
does not own Amendment 1. Mr. Rainwater purchased less than 5 percent of Amendment l. As Chairman
of the Board, Mr. Atwell stated he has more controlling interest.
Mr. Trocino poi,ted out that tomorrow, the Tree Commission will assist in the tree planting at the High
School. Everyone is invited to participate.
Ms. Umstattd had the opportunity to sit in on a Spanish Class at the high school.
She gave special thanks to a young gentleman, Daniel Speakman, who is a resident in Foxridge and who went
through special trouble to plastic coat the valentines that he collected for the Valentines to Bosnia project.
Mr. Buttery commended the letter from Mr. Mattia regarding Midnight Basketball at the Douglas Community
Center and the participation and attendance of Chief of Police Keith Stiles and other Leesburg Police officers.
Mr. Webb commented on last years visit by a group of Russian students. He stated these students were
extremely polite and well behaved.
He commented on the need for additional schools in both eastern and western Loudoun County.
Mr. Webb stated that the Planning Commission, this Thursday, hopes to forward to the Town Council, the
revised Town Plan.
MAYOR'S REPORT
Mayor Clem requested a meeting be scheduled between the Mayfair residents, Loudoun House representatives
and town staff to determine what it is the Mayfair residents want with regard to parking.
He requested an update on the Edwards Ferry Road and Catoctin Circle project.
Mr. Mason addressed Mayor Clem stating that improvements to this project have been stalled due to
inclement weather. If weather permits, however, the project should be complete by the end of April.
MANAGER'S REPORT
Mr. Brown congratulated Councilmember Umstattd on her presentation, in Russian, to Russian visitors this
evening.
Mr. Brown announced that a meeting of the downtown businesses and citizens will be held on March 3, in
the lower level meeting room.
He announced the appointment of Gary Huff as the new Deputy Town Manager.
Mr. Brown referenced the proposed FY 1997 Budget and the upcoming rigorous budget workshop schedule.
LEGISLATION
10. (a)
MOTION:
On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and adopted as
amended.
96-0-06 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-95-08 BY
ENTERPRISE LEASING COMPANY
WHEREAS, Enterprise Leasing Company has requested special exception approval to locate an
automobile rental facility at 545 E East Market Street in the B-2 zoning district; and
WHEREAS, an automobile rental facility is a special exception use in the B-2 zoning district; and
WHEREAS, on February 22, 1996, the Planning Commission recommended conditional approval of
special exception #SE-95-08; and
WHEREAS, on February 27, 1996, the Town Council held a public hearing on this application; and
WHEREAS, the proposed use meets the review criteria set forth in the special exception regulations
of the zoning ordinance; and
THEREFORE, ORDAINED by Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. Special exception application #SE-95-08 by Enterprise Leasing Company identified as
Tax Map 48 Parcel 90 in the land records of Loudoun County is hereby approved subject to the following
condition:
1. The number of parking spaces to be used by Enterprise Rent-A-Car shall be limited to nine
spaces clearly marked as reserved specifically for Enterprise Rent-A-Car for Class I vehicles
located at the southeast corner of the parking lot as generally shown on the attached concept
plan.
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.
CO 2/27/96 -3o
SECTION III. This ordinance shall be in effect upon its passage.
VOTE:
Aye:
Nay:
10. (b)
MOTION:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted.
96-0-07 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE TO ESTABLISH A
MA-MUNICIPAL AIRPORT ZONING DISTRICT
WHEREAS, it is the intent and desire of Council to protect and enhance the successful operation
of the Leesburg Municipal Airport; and
WHEREAS, establishing a specific zoning district for the airport facility will ensure the site will be
developed according to the adopted Airport Master Plan; and
WHEREAS, the airport is currently located within the designated I-1 Industrial Research Park
District; and
WHEREAS, the existing I-1 district regulations conflict with the adopted Airport Layout Plan, as
approved by the Town Council, Virginia Department of Aviation and the Federal Aviation Administration;
and
WHEREAS, the establishment of new zoning criteria for the airport reflects good zoning practice and
will ensure the expenditure of public funds to develop the airport will be consistent with the Airport Layout
Plan.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to the Leesburg Zoning Ordinance is hereby approved to establish a
new zoning district by adding a new Section H to Article 4 - Commercial Zoning Districts as shown below:
Section 4H - MA MUNICIPAL AIRPORT DISTRICT
Section 4H-1. PURPOSE AND INTENT
The MA District provides the opportunity for the Leesburg Municipal Airport to develop in conformance with
the established Airport Master Plan (AMP) and Airport Layout Plan (ALP). The AMP and ALP control the
physical development of the airport facilities and related parking needs of the facility, and are subject to Town
Council approval and endorsement by the Virginia Department of Aviation and the Federal Aviation
Administration (FAA). Accordingly, the MA District acknowledges the physical constraints of the existing
airport location and the necessity of providing adequate support facilities.
Section 4H-2. PERMITTED USES
(1) Agricultural Uses
a. None
(2) Residential Uses
a. None
(3)
Institutional and Community Services Uses
a. Government office
b. Automated Flight Service Station
c. Fire and/or rescue facility
(4)
Commercial Uses
a. Fixed Base Operators and related aircraft basing facilities
b. Fuel Storage and Dispensing Facilities
c. Flight Instruction
d. Aircraft Maintenance Services
e. Aircraft Storage
f. Customary accessory uses to offices, not exceeding 25% of the leasable floor area of
the building.
(5)
Industrial, Trade & Warehouses Uses
a. None
CO 2/27/96 -4-
Section 4H-3. SPECIAL EXCEPTION USES
The following uses may be permitted or expanded in the MA Zoning District subject to the special exception
procedures and criteria established in this Ordinance.
(1) Agricultural Uses
a. None
(2) Residential Uses
a. None
(3) Institutional and Community Service Uses
a. None
(4) Commercial Uses
a. None
(5) Industrial, Trade & Warehouse Uses
a. None
Section 4H-4. MINIMUM DISTRICT SIZE
a. Two (2) acres
Section 4H-5.
Section 4H-6.
(1)
(2)
(3)
(4)
LOT SIZE
(1) Minimum Lot Size
a. 40,000 square feet
(2) Minimum Lot Width
a. 100 feet
YARD REQUIREMENTS
Front yard 40 feet
Side yard 15 feet
Rear yard 25 feet
Front, side, and rear yard setbacks may be reduced as necessary to facilitate compliance with
the adopted Airport Layout Plan contained within the Airport Master Plan.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decision shah not affect the validity of the ordinance as a whole or any remaining
provisions of the Town Code.
SECTION IV. This ordinance shall be in effect upon its passage.
VOTE:
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
10. (e)
MORON
On motion of Mr. Buttery, seconded by Mr. Trocino, the following ordinance was proposed and adopted.
96-0-08 - ORDINANCE - APPROVING REZONING APPLICATION #ZM-148 TO CLASSIFY THE
LEESBURG MUNICIPAL AIRPORT WITHIN THE MA-DISTRICT (MUNICIPAL AIRPORT
ZONING DISTRICT)
WHEREAS, on February 13, 1996, the Town Council held a joint public hearing with the Planning
Commission to consider amending the Leesburg Zoning Ordinance to include an MA-District (Municipal
Airport Zoning District); and
WHEREAS, this district is consistent with good zoning practices to ensure the orderly development
of the Leesburg Municipal Airport, consistent with the adopted Airport Master Plan;
WHEREAS, the setbacks associated with current I-1 zoning of the Leesburg Municipal Airport
conflict with the Airport Master Plan.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning application #ZM-148 Leesburg MunicipalAirport as submitted by the Town
of Leesburg, is hereby approved. The Leesburg Zoning May is amended to rezone the approximately 192.39-
acre Leesburg Municipal Airport from the existing I-1 zoning district to MA-Municipal Airport Zoning
District.
SECTION II. This ordinance shah be effective upon its passage.
VOTE:
CO 2/27/96 -5-
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
10. (d)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted by a
role call vote of 7-0.
96-40 - RESOLUTION - OF THE TOWN COUNCIL OF THE TOWN OF LEESBURC;, VIRGINIA
AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, SERIESI~6
The Town Council of the Town of Leesburg, Virginia (the
"Town") has determined that it is advisable to issue a maximum
amount of $13,000,000 general obligation bonds (the "Bonds") of
the Town to finance the cost of various public improvements
consisting primarily of storm drainage improvements, constructing
and equipping of a police station and airport improvements (the
"Projects") and to pay the Town's $4,800,000 General Obligation
Bond Anticipation Notes, Series 1994 (the "Notes") at maturity.
The Town has held a public hearing on the issuance of the Bonds
on February 27, 1996.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF LEESBURG, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Town
Council hereby determines that it is advisable to contract a debt
and to issue and sell the Bonds in the maximum principal amount
of $13,000,000. The issuance and sale of the Bonds are hereby
authorized. The proceeds from the issuance and sale of the Bonds
shall be used to pay the costs of the Projects and to pay the
Notes.
2. Pledae of Full Faith and Credit. The full faith and
credit of the Town are hereby irrevocably pledged for the payment
of the principal of, premium, if any, and interest on the Bonds
as the same become due and payable. The Town Council shall levy
an annual ad valorem tax upon all property in the Town, subject
to local taxation, sufficient to pay the principal of, premium,
if any, and interest on the Bonds as the same shall become due
for payment unless other funds are lawfully available and
appropriated for the timely payment thereof.
co 227/96 -6-
3. Details and Sale of Bon~s. The Bonds shall be issued
upon the terms established pursuant to this Resolution and upon
such other terms as may be determined in the manner set forth in
this Resolution. The Bonds shall be issued in fully registered
form, shall be dated such date as the Town Manager may approve,
shall be in denominations of $5,000 and integral multiples
thereof and shall be numbered from R-1 upwards consecutively.
The Bonds shall be issued in such aggregate principal amount and
shall mature on such dates and in such amounts as the Town
Manager may approve, provided that the aggregate principal amount
of the Bonds shall not exceed $13,000,000 and the final maturity
of the Bonds is not more than 21 years from their date.
The Town Manager is authorized and directed to accept the
bid for the purchase of the Bonds which results in the lowest
true interest cost to the Town and the Bonds shall bear interest,
payable semi-annually, at such rate or rates and shall be sold to
the successful bidder at such price as may be set forth in the
bid accepted by the Town Manager; provided that the true interest
cost of the Bonds shall not exceed 9% per annum and the purchase
price shall be not less than 98% of the par amount of the Bonds.
The Town Manager is authorized and directed to approve such
optional redemption provisions for the Bonds as he determines to
be in the best interest of the Town.
4. Form of Bonds. The Bonds shall be in substantially the
form attached to this Resolution as Exhibit A, with such
appropriate variations, omissions and insertions as are permitted
or required by this Resolution. There may be endorsed on the
Bonds such legend or text as may be necessary or appropriate to
conform to any applicable rules and requlations of any
governmental authority or any usage or requirement of law with
respect thereto.
5. Book-Entry-Only Form. The Bonds shall be issued in
book-entry-only form. The Bonds shall be issued in fully-
registered form and registered in the name of Cede & Co., a
nominee of The Depository Trust Company, New York, New York
("DTC") as registered owner of the Bonds, and immobilized in the
custody of DTC. One fully-registered Bond in typewritten or
printed form for the principal amount of each maturity of the
Bonds shall be registered to Cede & Co. Beneficial owners of the
Bonds shall not receive physical delivery of the Bonds.
Principal, premium, if any, and interest payments on the Bonds
shall be made to DTC or its nominee as registered owner of the
Bonds on the applicable payment date.
Transfer of ownership interest in the Bonds shall be made by
DTC and its participants (the "Participants"), acting as nominees
of the beneficial owners of the Bonds in accordance with rules
specified by DTC and its Participants. The Town shall notify DTC
of any notice required to be given pursuant to this Resolution or
the Bonds not less than fifteen (15) calendar days prior to the
date upon which such notice is required to be given. The Town
shall also comply with the agreements set forth in the Town's
Letter of Representations to DTC.
Replacement Bonds (the "Replacement Bonds") shall be issued
directly to beneficial owners of the Bonds rather than to DTC or
its nominee but only in the event that:
(i) DTC determines not to continue to act as
securities depository for the Bonds; or
(ii) The Town has advised DTC of its determination that
DTC is incapable of discharging its duties; or
(iii) The Town has determined that it is in the best
interest of the beneficial owners of the Bonds or the Town not to
continue the book-entry system of transfer. Upon occurrence of
the event described in (i) or (ii) above, the Town shall attempt
to locate another qualified securities depository. If the Town
fails to locate another qualified securities depository to
replace DTC, the Town Council shall execute and deliver
Replacement Bonds substantially in the form set forth in Exhibit
A attached hereto to the Participants. In the event the Town
Council, in its discretion, makes the determination noted in (i)
or (iii) above and has made provisions to notify the beneficial
owners of the Bonds by mailing an appropriate notice to DTC, the
appropriate officers and agents of the Town shall execute and
deliver Replacement Bonds substantially in the form set forth in
Exhibit A attached hereto to any Participants requesting such
Replacement Bonds. Principal of and interest on the Replacement
Bonds shall be payable as provided in this Resolution and in the
Bonds and such Replacement Bonds will be transferable in
accordance with the provisions of paragraph 9 and 10 of this
Resolution and the Bonds.
6. Appointment of Bond Reqistrar and Pa~inq Aqent. The
Town Manager is appointed as Bond Registrar and Paying Agent for
the Bonds.
The Town Council may appoint a subsequent registrar and/or
one or more paying agents for the Bonds by subsequent resolution
and upon giving written notice to the owners of the Bonds
specifying the name and location of the principal office of any
such registrar or paying agent.
7. Execution of Bonds. The Mayor and the Clerk of the
Town are authorized and directed to execute appropriate
negotiable Bonds and to affix the seal of the Town thereto and to
deliver the Bonds to the purchaser thereof upon payment of the
purchase price. The manner of execution and affixation of the
seal may be by facsimile, provided, however, that if the
signatures of the Mayor and the Clerk are both by facsimile, the
Bonds s~all not be valid until signed at the foot thereof by the
manual signature of the Bond Registrar.
8. CUSIP Numbers. The Bonds shall have CUSIP
identification numbers printed thereon. No such number shall
constitute a part of the contract evidenced by the Bond on which
it is imprinted and no liability shall attach to the Town, or any
of its officers or agents by reason of such numbers or any use
made of such numbers, including any use by the Town and any
officer or agent of the Town, by reason of any inaccuracy, error
or omission with respect to such numbers.
9. Reqistration, Transfer and Exchange. Upon surrender
for transfer or exchange of any Bond at the principal office of
the Bond Registrar, the Town shall execute and deliver and the
Bond Registrar shall authenticate in the name of the transferee
or transferees a new Bond or Bonds of any authorized denomination
in an aggregate principal amount equal to the Bond surrendered
and of the same form and maturity and bearing interest at the
same rate as the Bond surrendered, subject in each case to such
reasonable regulations as the Town and the Bond Registrar may
prescribe. Ail Bonds presented for transfer or exchange shall be
accompanied by a written instrument or instruments of transfer or
authorization for exchange, in form and substance reasonably
satisfactory to the Town and the Bond Registrar, duly executed by
the registered owner or by his or her duly authorized attorney-
in-fact or legal representative. No Bond may be registered to
bearer.
New Bonds delivered upon any transfer or exchange shall be
valid obligations of the Town, evidencing the same debt as the
Bonds surrendered, shall be secured by this Resolution and
entitled to all of the security and benefits hereof to the same
extent as the Bonds surrendered.
10. Charqes for Exchanqe or Transfer. No charge shall be
made for any exchange or transfer of Bonds, but the Town may
require payment by the registered owner of any Bond of a sum
sufficient to cover any tax or other governmental charge which
may be imposed with respect to the transfer or exchange of such
Bond.
11. Non-Arbitraqe Certificate and Tax Covenants. The Town
Manager and such officers and agents of the Town as he may
designate are authorized and directed to execute a Non-Arbitrage
Certificate and Tax Covenants setting forth the expected use and
investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to comply with the
provisions of the Internal Revenue Code of 1986, as amended
("Code"), including the provisions of Section 148 of the Code and
applicable regulations relating to "arbitrage bonds." The Town
Council covenants on behalf of the Town that the proceeds from
the issuance and sale of the Bonds will be invested and expended
as set forth in the Town's Non-Arbitrage Certificate and Tax
Covenants, to be delivered simultaneously with the issuance and
delivery of the Bonds and that the Town shall comply with the
other covenants and representations contained therein.
12. Disclosure Documents. The Mayor and the Town Manager,
or either of them, and such officers and agents of the Town as
either of them may designate are hereby authorized and directed
to prepare, execute, if required, and deliver an appropriate
notice of sale, preliminary official statement, official
statement or such other offering or disclosure documents as may
be necessary to expedite the sale of the Bonds. The notice of
sale, preliminary official statement, official statement or other
documents shall be published in such publications and distributed
in such manner and at such times as the Town Manager shall
determine. The preliminary official statement with respect to
the Bonds is approved in the form on file with the Town Manager.
The Town Manager is authorized and directed to deem the
preliminary official statement "final" for purposes of Securities
and Exchange Commission Rule 15c2-12.
13. Continuinq Disclosure. The Town Manager and the Mayor,
or either of them, are authorized and directed to enter into a
Continuing Disclosure Agreement for the benefit of the owners of
the Bonds to assist the underwriter for the Bonds in complying
with the provisions of Section (b) (5) of Securities and Exchange
Commission Rule 15c2-12.
14. Payment of Notes. The Town Manager and the Mayor, or
either of them, are authorized and directed to enter into an
Escrow Agreement with an escrow agent to be selected by the Town
Manager providing for the deposit of a portion of the proceeds of
the Bonds to be applied to the payment of the Notes at maturity.
15. Further Actions. The Mayor and the Town Manager and
such officers and agents of the Town as either of them may
designate are authorized and directed to take such further action
as they deem necessary regarding the issuance and sale of the
Bonds and all actions taken by such officers and agents in
connection with the issuance and sale of the Bonds are ratified
and confirmed.
ATTEST:
16. Effective Date; Applicable Law. In accordance with
Section 15.1-227.2 of the Public Finance Act of 1991, Chapter
5.1, Title 15.1, 1950 Code of Virginia, as amended, (the "Act"),
the Town Council elects to issue the Bonds pursuant to the
provisions of the Act. This Resolution shall take effect
immediately.
Adopted by the Town Council at a meeting duly called and
held on February 27, 1996.
Ja~s E. Clem, Mayor
~rk, Town
Leesburg, Virginia
VOTE:
Aye:
Nay:
10. (e)
MOTION
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
On motion of Mr. Buttery, seconded by Mr. Webb, the following resolution was proposed and adopted.
96-41 - RESOLUTION - MAKING AN APPROPRIATION FOR STAGE 2, DESIGN DEVELOPMENT
THROUGH CONSTRUCTION SERVICES, FOR THE PUBLIC SAFETY CENTER PROJECT
WHEREAS, under the terms of the purchase agreement between the town and the seller of a certain
property on Plaza Street, the town is obligated to construct a safety center thereon by December 1997, and
is further obligated to pay a penalty of $200,000 to the seller in the event the town should fail to do so; and
WHEREAS, the completion of a new public safety center employing cutting-edge technology, together
with the simultaneous implementation of community policing techniques will combine to form the basis for
a public safety program which will benefit Leesburg both now and in the future; and
WHEREAS, The Moseley McClintock Group, P.C., was selected as the Architect for the Public Safety
Center because of its exclusive commitment to the design of public buildings; and
WHEREAS, in August 1995, the town entered into an agreement with The Moseley McClintock
Group, P.C., for the design of the Public Safety Center; and
WHEREAS, the agreement with the architect provided for the completion of the work in two stages;
and
WHEREAS, The Moseley McClintock Group, P.C., provided excellent and timely service to the town
in completing Stage 1 of the work; and
WHEREAS, staff has concluded negotiations for Stage 2 of the work, which includes the Design
Development, Geotechnical Study, Interior Design, Contract Documents, Bidding and Negotiating and
Contract Administration Phases, and that the cost for this work will be $353,110; and
WHEREAS, Council has directed that the total cost for design and construction of the Public Safety
Center and its furnishings shall not exceed $5 million.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is authorized to execute, on behalf of the town, Modification
Number 1 to the Standard Form of Agreement Between Owner and Architect dated August 8, 1995 between
the Town of Leesburg and The Moseley McClintock Group, P.C., in the amount of $353,110 for Stage 2 of
the work to be performed thereunder for the Public Safety Center project. The modification document shall
contain language which shall limit to $5 million the total cost of the design, construction and furnishing the
facility.
SECTION II. An appropriation for the work in the amount of $353,110 is made to Budget Account
901-9600-300-300 from the unappropriated general fund.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
10. (0
MOTION
On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolutions were proposed as consent
items and unanimously adopted.
96-42 - RESOLUTION - AUTHORIZING THE CLOSING OF MARKET STREET BETWEEN CHURCH
AND WIRT STREETS AND KING STREET BETWEEN CORNWALL AND LOUDOUN
STREETS AND THE MARKET STREET ENTRANCE AND EXIST TO THE PARKING
GARAGE
WHEREAS, the Sixth Annual Flower and Garden Festival is scheduled on April 27-28, 1996; and
WHEREAS, downtown Leesburg will be transformed into four blocks of botanicallandscaped gardens
with related retail vendors; and
CO 2/27/96 -~oa-
WHEREAS, last year's event succeeded in attracting over 15,000 participants to downtown Leesburg;
and
WHEREAS, the event requires the closing of Market Street between Church and Wirt Streets and
King Street between Cornwall and Loudoun Streets, as well as the Market Street exit and entrance to the
parking garage:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Authorization is hereby granted to close Market Street between Church and Wirt Streets and King
Street between Cornwall and Loudoun Streets, as well as the Market Street exit and entrance to the parking
garage from 9:00 p.m., Friday, April 26, until 9:00 p.m., April 28, 1996.
96-43 - RESOLUTION - APPROPRIATING FUNDS FOR THE PURCHASE OF TWO POLICE
CANINES FROM CASTLE'S K-9 INCORPORATED
WHEREAS, the Leesburg Police Department's two canines were removed from service in December
1995, based on age, medical problems and deteriorating physical abilities; and
WHEREAS, the two dogs were officially retired on January 16, 1996 by Resolution Number 96-2; and
WHEREAS, canines are required to assist the Leesburg Police Department to maximize the
effectiveness of crime prevention efforts; and
WHEREAS, three canine vendors were solicited by the Leesburg Police Department; and
WHEREAS, Castle's K-9 Inc., of Mechanicsburg, Pennsylvania is recommended to provide the two
canines at a cost of $11,000.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
The amount of $11,000 is hereby appropriated from the General Fund Balance to the Police
Department's budget for the purchase of two canines from Castle's K-9 Inc.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
NEW BUSINESS:
10. (h)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted.
96-44 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND SEWER EXTENSION PERMIT FOR POTOMAC STATION SANITARY
SEWER OUTFALL LINE A
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 Potomac Station Sanitary
Sewer Outfall Line A.
SECTION II. The extension of municipal sewer for Potomac Station Sanitary Sewer Outfall Line A
is approved in accordance with Section 15-9 of the Town Code.
SECTION IlL The letter of credit in a form approved by the town attorney from Mercantile-Safe
Deposit & Trust Company in the amount of $168,549.10 is approved as security to guarantee installation of
the public improvements shown on plans approved by the Director of Engineering and Public Works for
Potomac Station Sanitary Sewer Outfall Line A.
VOTE:
Aye:
Nay:
10. (i)
MOTION
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
CO 2/27/96 -$-.J-
On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
9~6-45 - RESOLUTION
BE IT RESOLVED BY the Mayor and Council of the Town of Leesburg, Virginia that James E.
Clem, Mayor is hereby authorized to execute for and in behalf of the Town of Leesburg, a public entity
established under the laws of the State of Virginia, this application and to file it in the appropriate State office
for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law
288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund.
THAT the Town of Leesburg, a public entity established under the law of the State of Virginia, hereby
authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for
all matters pertaining to such Federal disaster assistance the assurances and agreementsprinted on the reverse
side hereof.
_VOTE:
Nay:
Councilmembers Atwe/l, Buttery, Em_swiller, Trocino, Umstattd, Webb and Mayor Clem
None
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 9:30 p.m.
Clerk of Council
./~a/mes E. Clem, Mayor
CO 2/27/96 -~U.~.