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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.~.