HomeMy Public PortalAbout1997_02_11TOWN COUNCIL MEETING MINUTES OF FEBRUARY 11, 1997
A regular meeting of the Leesburg Town Council was held on February 11, 1997, at 7:30 p.m., in the
Comacil Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor
Clem.
ROLL CALL
Councilmembers present
J. Frank Buttery,, Jr.
Jewell M. Emswiller
Joseph R. Trocino(arrived at 7:45 p.m.)
Kristen C. Umstattd
B. J. Webb
William F. Webb
Mayor Jmnes E. Clem
Staff members present
Town Manager Steven C. Brown
Deputy Town Manager Gary A. Huff
Director of Planning, Zoning and Development Michael Tompkins
Director of Engineering and Public Works Thomas A. Mason
Zoning Administrator Brian Boucher
Assistant Town Manager for Economic Development John Henry King
Deputy Town Attorney Deborah Welsh
Toxxm Clerk Barbara Marklm~d
APPROVAL OF MINUTES
MOTION:
On motion of Ms. Umstattd, seconded by Ms. Webb, the regular meeting minutes of January 14, 1997 and
Janua~ 28, 1997 were approved as written.
VOTE:
Nay:
Absent:
Councihnembers Buttery, Emswiller, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem
Nolle
Cotmcihnember Trocino
PETITIONERS
Mr. William Wheatley and Ms. Kathleen Hart, residents of Oakcrest Drive, asked the Town Council to consider
initiating a rezoning of a piece of property adjoining the Paxton Child Development Center that these two
residents are interested in purchasing. This matter was referred to the Planning Department to obtain additional
i~ffonnation from the residents.
Mr. Dave Ciccarelli., President of the Kincaid Forest Homeowners Association, addressed the Council requesting
the denial of agenda items 9. (i) and (j).
Mr. Alton Echols asked the Council to take into consideration fees charged by the town with regard to the
development process, traffic issues and a full time town attorney who does not represent clients in the town.
Mr. Robert Sevila, representing the owners of the Lightfoot Cafe, thanked the Council and staff for the
expeditious handling of the process regarding the parking fees and requested the Council refer the issue of
availability fees to the appropriate conunittee for consideration.
Ms. Mary Beth Schall, representing a business iu the Battlefield Shopping Center, spoke in opposition to the
proposed Chelsea Mall and asked that the Cotmcil maintain a welcome atmosphere for the small businesses
already in the toxxq~.
Mr. Mike Jackson, Chairman of tile Tree Conmfission, urged the Council to adopt the proposed Tree
Preservation Ordinance and to consider the position of urban forester/arborist during the budget deliberations.
Ms. Kathleen Pritchard, Vice-Chair of the Tree Commission, echoed the comments of Mr. Jackson. Ms.
Pritchard also requested the Council consider having a Greenspace Resource Map produced.
Ms. Linda Nelson, a resident of 304 Lounsbury Court, addressed the Council regarding the proposed outlet mall
and the possibility of losing the town's quaint shops. She stated outlet malls are not in keeping with the image of
the toxw~ and is opposed to the outlet mall, its location and the proposed rezoning and transportation changes.
Mr. David Pmderson, a resident of Kincaid Forest~ expressed support of the comments of Mr. Ciccarelli
representing the homeowners association.
COUNCILMEMBER COMMENTS
Mr. Webb reported on the ISTEA meeting held where the town was awarded $300,000 in transportation funds.
Mr. Webb thauked CaMn Grow for his efforts.
Mr. Buttery reported on the success of the Balch Library, pointing out that patronage continues to increase from
previous years. Mr. Buttery attended the DARE Graduations commenting on the success of the programs. In
accordance with the town's Ethics Policy, Mr. Buttery reported that he met with representatives of the Chelsea
Mall and ~vith Mr. Bill Ray and Ms. Park regarding a proposed project outside of the town's limit, regarding
water and sewer.
Ms. Umstattd stated, in accordance with the town's Ethics Policy, she met with Mr. Jack Manton regarding
another mall on the Leegate property. Ms. Umstattd pointed out that the American Legion Post 34 will hold a
banquet at the Tuscarora Mill on Saturday, at 6:30 p.m.
Mr. Trocino thanked the lnembers of the Tree Commission for their comments. He reported on the success of
VML Day in Richnond.
Ms. Emswiller had no conm~ent.
Ms. Webb, echoed the conm~ents regarding the DARE graduations, stating the town is well served by the police
deparUnent. Ms. Webb thanked the town for its participation in the Leadership program at Shenandoah
University, pointing out the success of this program. Ms. Webb stated CableVision of Loudoun is proposing an
increase in rates in March, however no mention of this increase was evidenced on her bill. She hopes the cable
company will better conmmnicate this increase. Ms. Webb supports the comments made by the homeowners of
Kmcaid Forest and the members of the Tree Conmfission regarding an arborist. Ms. Webb stated, contracts that
are in the toxx~l under a certain fee are reviewed mmually by staff. Contracts can be renewed at the staff level at
any time. She stated she has, for the past four years, fought hard to make changes to the town's water and sewer
availability rates for restaurants. Tile towfs rates are significantly higher than the county. The town loses a lot
of good businesses because it is not competitive. She asked these issues be looked into by an appropriate
committee so that changes can be brought about.
MAYOR'S REPORT
Mayor Clem thanked Vice-Mayor Webb and Calvin Grow for securing the monies from the ISTEA for
transportation. He attended the DARE graduations and commended the Leesburg Police Department for all their
efforts in these very successful programs.
Mayor Clem stated, he received three calls from residents on Fort Evans Road regarding the improvements
being made to the old S&R Chevrolet Dealership. He commended the new owners for the improvements to the
property.
MANAGER'S REPORT
Mr. Broxvn highlighted items in the Manager's Report.
LEGISLATION
9. (a), (b), (c), (d), (e), (f), (g), (h), (k), (I), (m), (n), (o), (p), (q)
MOTION:
On motion o£ Ms. Ulnstattd, seconded by Mr. Buttery, the following resolutions were proposed as consent items
and adopted.
97-28 - RESOLUTION - INITIATING AND REFERRING AN AMENDMENT TO THE LEESBURG
ZONING ORDINANCE REGARDING PARKING REGULATIONS IN THE DOWNTOWN
AREA
WHEREAS, a preliminary examination of the Zoning Ordinance has been prepared to determine the
impact of existing parking regulations on new businesses locating in the downtown historic district; and
WHEREAS, this examination concludes that current parking regulations were designed for suburban
development and provide linfited flexibility when applied to urban/downtown development; and
WHEREAS, the Town Commil has determined that it is in the Town's best interest from an economic
and plmming perspective to amend the Zoning Ordinance regarding parking regulations:
THEREFORE, RESOLVED by tile Cotmcil of the Town of Leesburg in Virginia as follows:
SECTION I. Text amendments to the Leesburg Zoning Ordinance are hereby initiated and referred to
the Plauning Commission based specifically on the following options:
Reduce tile parking requirements for the H-1 Historic Overlay District.
hnprove the system of shared parking by examining the open times of various uses to
determine peak hours and conflicts, then specifically assign the number of spaces
within the town parking garage or other lots so that the available parking is used more
efficientlv.
Increase the allowed distance between the use and off-site parking and allow valet parking as
an option for distant off-site parking.
CO 2/11/97 -2-
SECTION II. Upon development of specific text as described in Section I of this resolution, the
Plamfing Conmfission shall hold a public hearing to consider these amendments and report its recommendation to
the Town Council pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended.
97-29 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE AND
AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER
SECTION 3
WHEREAS, Pulte Home Corporation, the developer of Exeter Section 3, has not completed all the
required public improvements in accordance with the approved construction drawings and town standards within
the t~vo year period agreed to in the contract for public improvements and previously approved time extensions;
and
WHEREAS, the developer has requested a time extension to April 15, 1997 to complete the public
improvements; and
WHEREAS, a letter of credit in the amount of $1,515,253.00 from NationsBank was provided by the
developer and approved by the Council to guarantee installation of public improvements for Exeter Section 3,
and this letter of credit was reduced to $968,573.00 by Resolution #91-238 adopted October 22, 1991 and
$303,05(I.60 bv Resolution #93-235 adopted on December 14, 1993; and
WHEREAS, tile toxxn~'s Director of Engineering and Public Works has reviewed the public
improvements installed to date in Exeter Section 3 and certified that the value of work performed is
$151,525.50; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $151,525.50 to
guarantee installation of the remaining public improvements in Exeter Section 3.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from NationsBank in the current amount of $303,051.00 is reduced to
$151,525.50 and is approved to guarantee the installation of public improvements for Exeter Section 3.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has
been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of
public improvements by the town or relieve the developer of responsibilities outlined in the contract for public
improvements for Exeter Section 3.
SECTION III. A time extension to April 15, 1997 for the installation of the remaining public
improvements is hereby approved for Exeter Section 3.
97-30 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER
SECTION 6 & 7
WHEREAS, Pulte Home Corporation, the developer of Exeter Section 6 & 7, has not completed all the
required public improvements in accordance with the approved construction drawings and town stm~dards within
the two year period agreed to in the contract for public improvements and subsequent time extensions; and
WHEREAS, tile developer has requested a six month time extension to complete the public
improvements; and
WHEREAS, a letter of credit in the amount of $167,626.00 for Exeter Section 6 and $274,622.40 for
Exeter Section 7 from NationsBank was provided by the developer to guarantee the installation of public
improvements for Exeter Section 6 & 7; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $167,626.00
and $274,622.40 to guarantee installation of the remaining public improvements for Exeter Section 6 & 7.
THEREFORE, RESOLVED by the Commil of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of six (6) months for the installation of public improvements is hereby
approved for Exeter Section 6 & 7.
SECTION II. The letters of credit from NationsBank in the an~ount of $167,626.00 for Exeter Section
6 and $274,622.40 for Section 7 are approved to guarantee the installation of public improvements.
97-31 - RESOLUTION - AUTHORIZING A NEW AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR POTOMAC STATION lB WATER AND SANITARY
SEWER LINES AND RELEASING A LETTER OF CREDIT FROM GOOSE CREEK
COMMUNITIES. L.L.C.
WHEREAS, Council Resolution #96-100 adopted on May 28, 1996 approved a letter of credit from
Mercantile-Safe Deposit & Trust Company in the amount of $52,811.00 as security to guarantee installation of
public improvements by Goose Creek Conununities, L.L.C., as shown on plans approved by the Director of
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Engineering and Public Works for Potomac Station lB Water and Sanitary Sewer Lines; and
WHEREAS, Goose Creek Communities, L.L.C. on October 3, 1996 sold Potomac Station Section lB to
M/I Schottenstein Homes, Inc.; and
WHEREAS, iWI Schottenstein Homes, Inc. has proposed to replace the previously approved letter of
credit with a corporate surety bond in the amount of $52,811.00 issued by the Liberty Mutual Insurance
Company and is requesting approval of same.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute a new contract for public improvements with M/I
Schottenstein for the ilnprovements shown on the plans approved by the Director of Engineering and Public
Works for Potomac Station lB Water and Sanitary Sewer Lines.
SECTION II. The corporate surety bond from the Liberty Mutual Insurance Company in the an~ount of
$52,811.00 in a form approved by the Town Attorney is approved.
SECTION III. The letter of credit from Mercantile Safe Deposit & Trust Company provided by Goose
Creek Conununities, L.L.C. in the amount of $52,811.00 is released contingent upon approval by the Town
Attorney of the substitute corporate surety bond fi.om the Liberty Mutual Insurance Company provided by M/I
Schottenstein Homes, Inc.
SECTION IV. When the new contract and performance guarantee from M/I Schottenstein Homes, Inc.
are received and in effect, the contract for public improvements with Goose Creek Communities, L.L.C. shall be
cancelled
97-32 - RESOLUTION - AUTHOR/ZING A NEW AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR POTOMAC STATION lC WATER AND SANITARY
SEWER LINES AND RELEASING A LETTER OF CREDIT FROM GOOSE CREEK
COMMUNITIES. L.L.C.
WHEREAS, Council Resolution //96-155 adopted on July 9, 1996 approved a letter of credit from
Mercantile-Safe Deposit & Trust Company in the amount of $36,216.40 as security to guarantee installation of
public improvements by Goose Creek Conununities, L.L.C., as shown on plans approved by the Director of
Engineering and Public Works for Potomac Station lC Water and Sanitary Sewer Lines; and
WHEREAS, Goose Creek Co~mnunities, L.L.C. on October 3, 1996 sold Potomac Station Section lC to
M/I Schottenstein Hmnes, Inc.; and
WHEREAS, M/I Schottenstein Homes, Inc. has proposed to replace the previously approved letter of
credit with a corporate surety bond in the amount of $36,216.40 issued by the Liberty Mutual Insurance
Company and is requesting approval of same.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute a new contract for public improvements with MA
Schottenstein for the improvements shown on the plans approved by the Director of Engineering and Public
Works for Potomac Station 1C Water and Sanitary Sewer Lines.
SECTION II. The corporate surety bond from the Liberty Mutual Insurance Company in the amount of
$36,216.40 iu a form approved by the Town Attoruey is approved.
SECTION III. The letter of credit from Mercantile Safe Deposit & Trust Company provided by Goose
Creek Communities, L.L.C. in the amount of $36,216.40 is released contingent upon approval by the Town
Attorney of the substitute corporate surety bond from the Liberty Mutual Insurance Company provided by M/I
Schottenstein Homes, Inc.
SECTION IV. When the new contract and perfornaance guarantee from M/I Schottenstein Homes, Inc.
are received and in effect, the contract for public improvements with Goose Creek Communities, L.L.C. shall be
cancelled
97-33 - RESOLUTION - AUTHOR/ZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GREENWAY
FARM SECTION 6
WHEREAS, Trafalgar House, the developer of Greenway Farm Section 6, 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 one (1) year time extension to complete the public
improvements; and ~
WHEREAS, a corporate surety bond in the amount of $71,530.00 from the American Home Assurance
Company was provided by the developer to guarantee the installation of public improvements for Greenway
Farm Section 6; and
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WHEREAS, the Director of Engineering and Public Works has approved the amount of $71,530.00 to
guarantee installation of the remaining public improvements for Greenway Farm Section 6.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one (1) year for the installation of public improvements is hereby
approved for Greenway Farm Section 6.
SECTION II. The corporate surety bond from the American Home Assurance in the amount of
$71,530.00 is approved to guarantee the installation of public improvements for Greenway Farm Section 6.
97-34 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GREENWAY
FARM SECTION 7
WHEREAS, Trafalgar House, the developer of Greenway Farm Section 7, has not completed all the
required public improvements in accordance with the approved construction drawings and town standards within
the t~vo year period agreed to in the contract for public improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $395,545.70 from the American Home
Assurance Company was provided by the developer to guarantee the installation of public improvements for
Greenway Farm Section 7; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $395,545.70 to
guarantee installation of the remaining public improvements for Greenway Farm Section 7.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one (1) year for the installation of public improvements is hereby
approved for Greemvay Farm Section 7.
SECTION II. The corporate surety bond from the American Home Assurance in the amount of
$395,545.70 is approved to guarantee the installation of public improvements for Greenway Farm Section 7.
97-35 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE AND
AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR THE
GREENWAY FARM PUBLIC RECREATION AREA
WHEREAS, Trafalgar House, the developer of Greenway Farm Public Recreation Area, 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 one (1) year time extension to complete the public
improvelnents; and
WHEREAS, a corporate surety bond in the amount of $136,000.00 from the American Home
Assurance Company was provided to guarantee installation of public improvements for the Greenway Farm
Public Recreation Area; and
WHEREAS, the toxva~'s Director of Engineering and Public Works has reviewed the public
improvements installed to date in the Greenway Farm Public Recreation Area and certified that the value of
xvork performed is $120,203.00; and
WHEREAS, constructiou of the public park is completed and the part could be turned over to the town
in the near furore; and
WHEREAS, other public improvements, which include public roads, storm drains, sanitary sewer and
water lines are also included xvith this set of construction drawings and the bond but are not ready for
acceptance; aud
WHEREAS, the Director of Engineering and Public Works has approved the amount of $15,797.00 to
guarantce installation of the remaining public improvements for Greenway Farm Public Recreation Area.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Home Assurance Company in the amount
of $136,000.00 is reduced to $15,797.00 and is approved to guarantee the installation of public improvements
for the Greenway Farm Public Recreation Area.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has
been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of
public ilnprovements by the tovm or relieve the developer of responsibilities outlined in the contract for public
CO 2/11/97 -5-
improvements for the Greenway Farm Public Recreation Area.
SECTION III. A time extension of one (1) year for the installation of public improvements is hereby
approved for Greenway Farm Public Recreation Area.
97-36 - RESOLUTION - AUTHORIZING STREET LIGHTING ON SOUTH KING STREET AND
MAKING AN APPROPRIATION
WHEREAS, citizens of Country Club have requested street lighting between Clubhouse Drive and
Davis Avenue on South King Street; and
WHEREAS, this area of South King Street is poorly light; and
WHEREAS, the town has received a cost estimate fi.om Virginia Power to install street lights along this
area for a cost of $18,792.55.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is directed to sign a standard purchase order requisition not to exceed
$18,792.55 for installation of street lighting on South King Street.
SECTION II. An appropriation in the amount of $18,792.55 from the unappropriated General Fund
balance to account #200.4104.700.722, street lighting installation, is hereby authorized.
97-37 - RESOLUTION - REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION
(VDOT) TO ADD A PEDESTRIAN WALKWAY THROUGH THE ROUTE 7
BYPASS/ROUTE 15 INTERCHANGE
WHEREAS, the Virginia Department of Transportation (VDOT) is scheduling to begin design of the
completion of the Route 15/Route 7 bypass cloverleaf interchange; and
WHEREAS, tox~,aa residents south of the Route 7 bypass currently have no pedestrian walkway tlu:ough
the existing interchange at South King Street (Route 15); and
WHEREAS, a pedestrian walkway from the Country Club Subdivision to Davis Avenue along South
King Street would provide an ilnportant transportation link for citizens of Leesburg.
THEREFORE, RESOLVED by the Com~cil of the Town of Leesburg in Virginia as follows:
VDOT is hereby requested to include a pedestrian walkway through the interchange of the Route 7
bypass and Route 15 in the plans for the ultimate cloverleaf interchange.
97-38 - RESOLUTION - MAKING APPOINTMENTS TO THE BOARD OF GRIEVANCE
COMMISSIONERS
WHEREAS, the town's Board of Grievance Commissioners must be updated to maintain a total of
txvelve members:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
In accordance with Section 12.1-55 of the Town Code and Personnel Manual, the following individuals
are appointed to the Board of Grievance Conmfissioners:
SECTION I. Non-supervisory employee members are Allison Person, Marilynn Cushman, Paul Manni,
Lyle Fisher, Timothy Mabe and Melvin Lucas.
SECTION II. Supervisory elnployee melnbers are Randy Shoemaker, O'Neal Stewart and Mary Mack.
SECTION III. Citizen members are Alex Green, Alan Stanford and Dave Tollett.
97-39 -RESOLUTION - AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
UNITED STATES CUSTOMS SERVICE AND THE TOWN OF LEESBURG
WHEREAS, Toxxq~ Councilmembers, Airport Conunission members and town staff have recruited the
United States Customs Service to provide service for international flights landing at Leesburg Municipal Airport;
and
WHEREAS, the Customs Service has agreed to designate Leesburg Municipal Airport as a Landing
Rights Airport which conveys customs service to accommodate international flights; and
WHEREAS, in exchange for the designation,,Leesburg agrees to provide office space as needed, police
assistance as needed, a line for the Treasury Elfforcement Communications Systems (TECS) computer terminal
and access to the toxxafs police firing range for qualified Customs officers.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
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The Mayor is hereby authorized to execute an agreement with the U.S. Customs Service designating the
Leesburg Municipal Airport as a Landing Rights Airport in exchange for the town providing office space as
needed, police assistance as needed, a line for the TECS computer terminal and access to the town's police fu'ing
range for qualified Customs officers.
97-40 - RESOLUTION - WAIVING FEES FOR THE LOUDOUN ABUSED WOMEN'S SHELTER "RUN
FOR THE SHELTER"
WHEREAS, the Loudoun Abused Women's Shelter has scheduled its third annual "Run for the Shelter"
for September 28, 1997, in Leesburg; and
WHEREAS, the event is scheduled after normal operating hours and requires fees to be paid to cover
police services of $960, and public ~vorks services of $180 for a total of $1,140; and
WHEREAS, the Loudoun Abused Women's Shelter has requested a waiver of fees for police and public
works services in the anmtmt of $1,140; and
WHEREAS, the Toxvn Council Finance Committee recommended waiving the respective fees:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized to waive police service fees in the mount of $960 and public
works service fees in the amount of $180.
97-41 - RESOLUTION - STATING THE TOWN OF LEESBURG'S DESIRE TO USE THE
COMPETITIVE NEGOTIABLE PROPOSALS METHOD OF PROCUREMENT FOR THE
PROCUREMENT OF PROPERTY AND CASUALTY INSURANCE
WHEREAS, the Town Council of the Town of Leesburg, Virginia is due to receive renewal quotations
for its Property and Casualty Insurance coverages effective July 1, 1997; and
WHEREAS, many insurance company policy forms have various differences in insuring agreements,
conditions and exclusions and because the sealed bidding procedure does not allow the latitude for the Council to
negotiate the broadest form of coverage that may be available, the Council is of the opinion that the most
advantageous method of procurement of Property and Casualty Insurance should be performed by way of
requests for Competitive Negotiable Proposals.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. It is the determination of the Town Council of the Town of Leesburg, Virginia that
competitive sealed bidding for Property Casualty Insurance is not practicable and not fiscally advantageous to
the public.
SECTION II. The To~vn Council hereby authorizes in accordance with Section 11-41C 1 of the Virginia
Public Procurement Act that the Property and Casualty Insurance program be procured by way of competitive
negotiation.
97-42 - RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY
CONSTRUCTION EASEMENT BY AND BETWEEN THE TOWN OF LEESBURG AND THE
LOUDOUN COUNTY SANITATION AUTHORITY (LCSA)
WHEREAS, the town and LCSA require the use of a common easement to construct future water and
sexver lines adjacent to the Virginia Power easement parallel to River Creek Parkway.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Mayor is hereby authorized to execute a temporary construction agreement in a form approved by
the Town Attorney between the tmw~ and the LCSA.
VOTE:
Aye: Councihnembers Buttery, Emssviller, Trocino, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem
Nay: None
9.(i)
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolution was proposed and adopted.
97-43 - RESOLUTION - AUTHORIZING A FINAL TIME EXTENSION FOR COMPLETION OF THE
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR KINCAID
FOREST PHASE 1, SECTION 2
WHEREAS, First Potomac Development Company, the developer of Kincaid Forest Phase 1, Section 2,
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 the
previously approved extension thereto which expired December 21, 1996; and
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WHEREAS, the developer has requested a time extension to March 21, 1997 to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $167,355.35 from the American Motorists
Insurance Company was provided by the developer to guarantee the installation of public improvements in
Kincaid Forest Phase 1, Section 2; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $167,355.35 to
guarantee the installation of the remaining public improvements in Kincaid Forest Phase 1, Section 2; and
WHEREAS, the Director of Engineering and Public Works recommends that this be the final time
extension granted for Kincaid Forest Phase 1, Section 2.
THEREFORE, RESOLVED 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 $167,355.35 is approved to guarantee the installation of public improvements in Kincaid Forest Phase
1, Section 2 for the completion of the public improvements.
SECTION II. A time extension to March 21, 1997 for completion of the public improvements is
approved with the condition that this will be the final time extension granted for Kincaid Forest Phase 1, Section
2 for the completion of the public improvements.
SECTION III. Failure by the developer to meet the time extension deadline established in Section II
will constitute default under the contract.
SECTION IV. In the event the developer fails to meet the deadline established in Section II of this
resolution as detemfined by the Director of Engineering and Public Works, then the Town Manager is hereby
authorized to declare the developer in default of its contract for public improvements for Kincaid Forest Phase 1,
Section 2 and to request pa~nent pursuant to the corporate surety bond from the American Motorists Insurance
Company in the amount of $167,355.35 and to prepare and execute all required documents and undertake all
necessa~ actions to e~fforce all tenus of said contract and any extension thereto.
DISCUSSION:
Mr. Jack Elworker, representing First Potomac Development, addressed the Council stating minor items are left
to be completed in Phase 1, Section 2, however this time of the year is prohibiting the repairs. He stated the park
is substantially complete with about four months of work remaining.
Mr. Ciccarelli, addressed Mr. Elworker's comments, requesting denial of the extensions.
Ms. Webb stated she xvill not support either of the time extensions. "It is time to say enough is enough."
VOTE:
Aye: Cotmcihnembers Buttery,, Emswiller, Umstattd and Wm. Webb
Nay: Com~cilmembers Ms. Webb and Mayor Clem
Abstain: Councilmember Trocino
9. (,i)
MOTION:
On motion of Mr. Buttery, seconded by Ms. Umstattd, and amended by Ms. Emswiller, the following resolution
was proposed and adopted.
97-44 - RESOLUTION - AUTHORIZING A FINAL TIME EXTENSION FOR COMPLETION OF A
PUBLIC PARK WITHIN THE KINCAID FOREST PLANNED RESIDENTIAL NEIGHBORHOOD
WHEREAS, m the approved rezolfing plan for Kincaid Forest (ZM-110), the applicm~t proffered to
convev a 6.23 acre park and specific recreation facilities to be completed with the first phase of development;
and
WHEREAS, Council approved Resolution 95-242 on December 5, 1995, authorizing an agreement and
approving a performance guarantee for the public park located in the Kincaid Forest Planned Residential
Neighborhood; and
WHEREAS, Council approved Resolution 96-72 on April 23, 1996 in order to facilitate a redesign of
the park in order to address safety concerns raised by the Department of Parks and Recreation; and
WHEREAS, on August 13, 1996, by Resolution 96-172, Council extended the completion date to
November 30, 1996, based on First Potomac Development Company's diligence in pursuing completion of the
park's development plan so construction could commence; and
WHEREAS, on November 26, 1996, by Resolution 96-247, Council extended the completion date to
Januau, 14, 1997, based on First Potomac Development Company's diligence in pursuing completion of the
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construction of the park; and
WHEREAS, the applicant, First Potomac Development Company, has not completed all of the required
public improvements in accordance xvith the approved site plan; and
WHEREAS, the developer has requested a time extension to April 30, 1997, to complete the public
improvements; and
WHEREAS, the Zoning Administrator recommends that this be the final time extension granted for the
Kincaid Forest Public Park.
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
SECTION I. A time extension to March 31, 1997 for completion of the public improvements is
approved with the condition that this will be the final timc extension granted for Kincaid Forest Public Park for
completion of the public improvements.
SECTION II. Failure by the Developer to meet the time extension deadline will constitute default under
the contract.
SECTION III. In the event the Developer fails to meet the deadline established in Section I of this
resolution as detemfined by the Zoning Achninistrator, then the Zoning Administrator is hereby authorized to
declare the developer in default of its contract for public improvements for Kincaid Forest Public Park and to
request payment pursuant to the corporate surety bond from the American Motorists Instance Company in the
an~otmt of $288,000,00 and to prepare and execute all required documents and undertake all necessary actions to
mfforce all terms of said contract and any extensions thereto.
VOTE:
Aye: Conncihnembers Butte~,, Emswiller, Umstattd, Wm. Webb and Mayor Clem
Nay: Councihnember B. J. Webb
Abstain: Councihnember Trocino
On motion o£, and duly seconded, the meeting was adjourned at 9:30 p.m.
j James E. Clem, Mayor
Clerk of Council
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