HomeMy Public PortalAbout1993_10_26TOWN COUNCIL MEETING MINUTES OF OCTOBER 26, 1993
A regular meeting of the Leesburg Town Council was held on October 26, 1993, at 7:30 p.m., in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor.
INVOCATION was given by Councilmember Georgia Bange
SALUTE TO THE FLAG was led by Councilmember William Webb
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Assistant Town Manager for Economic Development James Gahres
Utilities Engineer Aref Etemadi
Director of Utilities Randolph W. Shoemaker
Deputy Town Attorney Deborah Welsh
Planning Commission Members
Mervin Jackson, Chairman
Clifton Vaughan
Dorothy Galloway
Mike Belles
Robert Altland
APPROVAL OF MINUTES
On motion of Ms. Umstattd, seconded by Mr. Webb, the special meeting minutes of September 27, 1993,
October 4, 1993, October 12, 1993, October 19, 1993, and regular meeting minutes of September 28, 1993 and
October 12, 1993, were approved as written.
VOTE
Aye:
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
None
CERTIFICATE OF APPRECIATION
Mayor Clem presented a Certificate of Appreciation to John Carr for "Fireman of the Year".
PETITIONERS
Karen Jeweil presented the Board of Zoning Appeals Update.
Mervin Jackson presented the Planning Commission Update.
Sidney Lissner, resident of Brown's Meadow Court, spoke in opposition to the County Complex.
Randy Shoemaker spoke on behalf of the Kiwanis Club, requesting a contribution from the Town in the
amount of the special events fee to conduct the Halloween parade.
Charles Gilliam, resident of 3 Country Club Drive, expressed opposition to the high sewer bills. He felt the
rates are grossly unfair and asked the Council to consider the Loudoun County Sanitation Authority's new
plan.
Mayor Clem asked Steve Brown and Randy Shoemaker to look into the plan and report their findings t.o
Council.
Joan Rokus, representing the Board of Supervisors, thanked the majority of the Town Council for supporting
the County Complex issue. She pointed out that supporting the County Complex would save taxpayers money
and improve service to citizens. She asked voters for a yes vote on the issue.
Ben Lawrence spoke in support of the Loudoun County Complex. He mentioned the impact on Leesburg and
the Historic District. He expressed the importance of supporting the issue.
Kathie Wilt, resident of Beauregard Estates, opposed the County Complex bond referendum. She read an
article from the Blueridge Leader. The article is attached and made a part of the official record.
A.C. Echols addressed the Council on the County Complex issue. Mr. Echols' statement is attached and made
a part of the official record.
JOINT PUBLIC IIEARING to consider an amendment to the Town's Sewer System Master Plan
Randy Shoemaker reviewed the staff report and presented a slide presentation.
Mr. Webb asked what the cost savings would be from the old plan to alternative #1.
Randy Shoemaker stated the cost on the old plan was $28.5 million and $24.6 million on alternative #1
scenario.
Mayor Clem asked if the same standards would be met.
Randy Shoemaker remarked no corners had been cut and this design would meet the standards of the Design
and Construction Standards Manual.
Kristen Umstattd asked Mr. Shoemaker if he could quantify any cost savings to the current residents.
Randy Shoemaker replied that savings realized by current residents would be in operations and maintenance.
Kristen Umstattd asked if this would be necessary if Harper Park were not re-zoned to residential.
Randy_ Shoemaker answered this would still be necessary.
Kristen Umstattd questioned if we would risk not being able to provide water and sewer to residents within
the corporate limits if we did not go ahead with this.
Randy Shoemaker replied there would be risk of a moratorium in the North East quadrant by not moving
forward with the plan to adequately sewer.
Kristen Umstattd asked if Randy could guarantee, that if the town goes ahead with the plan, the town could
keep water and sewer rates for current town residents at their current levels and not raise them.
Ra. ndy Shoemaker said no.
Bill Fissel!, representing NVBIA, spoke in support of this improvement to the Master Plan. His concerns were
to make sure the change in the Master Plan doesn't delay any construction of the outfall sewer, whether it
would increase or decrease the pro-rata, and that a public hearing be held if any changes occur on the pro-
rata.
Randy Shoemaker addressed Mr. Fissell's concerns.
A.C. Echols questioned if the $4 million savings was to the developer or to the Town of Leesburg.
R.andy Shoemaker replied the developer pays for it.
A.C. Echols asked why there was a departure from the past. He expressed transportation concerns. He stated
we may have a God-given moratorium and we should hold out until transportation funds come from the state.
Randy Shoemaker stated that the extension would benefit existing customers as well as the developer and is
not a departure from what the town has done in the past.
Mayor Clem closed the public hearing.
Mr. Webb made the following motion: I move that the Planning Commission recommend to Council
Alternative #1 as described in the adopted September 1987 Sewer System Master Plan, with staff
recommended modifications as described in the S.ewer System Master Plan Amendment as the official plan
for expansion and upgrade of the sewage collection and conveyance system within the service area of the Town
of Leesburg in Virginia.
10/26/93 -2-
COUNC~MBER COMI~ENTS
Mr. Webb asked for the status of the report on the Loudoun County Sanitation Authority's authority to
furnish water to residents on Route 621
Steve Brown preferred having the Town Attorney prepare a statement on the subject.
Mr. Blake refrained from comment until after the November 2nd elections.
Kristen Umstattd stated she would vote "NO" on the County Complex for reasons previously stated.
She had the honor and great delight to be present in Washington, D.C. to see Aldie resident Jim Burton
recognized for his published book, The Pentagon Wars.
Mr. Trocino noted that there are six new businesses.
He also announced the Halloween Parade would be on Sunday, October 31, 1~3 at 6 p.m.
Mr. Trocino commended the Dulles Greenway for their first preservation project.
He recognized Jim Gahres for his work.
Mr. Atwell stated that he would continue to support the Bond issue.
Ms. Bange announced the Homecoming Parade on Saturday and the Halloween Parade on Sunday and asked
Council to support the request for a contribution for the parade.
MAYOR'S REPORT
Mayor Clem agreed with Ms. Bange's comments regarding the Halloween Parade and felt it helps reduce
crime.
He pointed out that the engineering has been ongoing regarding the cloverleaf at the East end of town.
MANAGk, R'S REPORT
Steve Brown reviewed the Activity Report.
He recognized employees Shirley Haines and Terry Frye for 20 years service on October 15th with the town.
Mr. Brown reminded citizens it was important to become aware of the leaf collection policy, specifically
discouraging the use of plastic bags as they are not acceptable.
LEGISLATION
12.(a)
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and unanimously
adopted.
93-201 - A RESOLUTION: MAKING APPOINTMENTS TO THE TOWN OF LEESBURG'S NEWLY
CREATED ECONOMIC DEVELOPMENT COMMISSION
WHEREAS, the terms of office of each member of the Economic Development Advisory Commission
expired on June 30, 1993, with the exception of the Councilmanic appointment.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Jewel Emswiller, Charles Fincher, Peter O'Reill¥, Chuck Thornton, Robert Waldrup, Marc Weiss and
Councilmember George F. Atwell are appointed to the Economic Development Commission for two year
terms to expire on June 30, 1995.
VOTE
Aye:
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
None
H.(a)
10/26/93 -3-
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following ordinance was proposed and unanimously
adopted.
93-0-39 - AN ORDINANCE:AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING
REVISED PAY AND CLASSIFICATION PLAN
WHEREAS, when necessary, the town manager's office reviews the town's pay and classification plan
for appropriate revisions; and
WHEREAS, the Finance Department positions have assumed additional duties and must revise job
titles and rates of pay to accommodate the town's pay and classification; and
WHEREAS, the adopted fiscal year 1994 budget includes necessary appropriations to fund the
proposed changes.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational
group and pay grades, is amended to read as follows:
Sec. 12.1-10. Classification of town employees by occupational groups and pay grades.
Employees in the town service are classified in the following occupational groups and pay grades:
Occupational
Groups
Position Pay Grade
Executive-Managerial
Law Enforcement
Administrative-Clerical
Supervisory
Director of Engineering/Public Works 27
Chief of Plan Review 24
Director of Utilities 26
Director of Finance 26
Director of Planning, Zoning 26
and Development
Chief of Police 26
Director of Parks and Recreation 26
Deputy Town Manager 24
Asst. Town Manager for Economic Development 22
Parking Control Officer 2
Police Officer 13
Police Officer 1st Class 14
Corporal 15
Sergeant 17
Lieutenant 20
Captain 22
Investigator 15
Clerk Typist 4
Data Entry Clerk 3
Secretary 5
Accounting Clerk I 4
Acceun!.;ng C!er.t: I!
Accounting Clerk III 7
Administrative Secretary 7
Zoning & Development Asst. 10
Executive Secretary 10
Clerk of Council 11
Personnel Officer 9
Public Information Officer 8 9
Desk Clerk 2
Parking Attendant 2
Superintendent Equipment Maintenance 15
Water Supply Superintendent 18
Superintendent Buildings 17
Grounds~and Maintenance
Utility Lines Superintendent 17
WPCF Superintendent 18
Asst. Director of Finance 18
Parks Coordinator 15
Asst. Director Recreation 18
10/26/93 -4-
Technical
Professional
Construction/Maintenanc~
Center Coordinator
Recreation Supervisor
Aquatics Supervisor
Center Supervisor
Bldg. Supervisor Parks & Recreation (p/t)
Airport Supervisor
Asst. Utility Plant Mechanic
Heavy Equipment Operator
Finance Technician
Asst. Super. Bldgs, & Grounds
Senior Operator
Operator I
Operator II
Operator III
Operator IV
Asst. Supt. Utility Lines
Senior Inspector
Sr. Utility Plant Mechanic
Asst. Water Supply Supt.
Contracts Admin.
Capital Projects Representative
Asst. WPCF Supt.
Facility Inspector
Asst. Zoning Admin.
Systems Technician
Meter Technician
Recreation Attendant (Part-time)
Child Care Attendant (Part-time)
Lifeguard I (Part-time)
Lifeguard II (Part-time)
Lifeguard III (Part-time)
Assistant Camp Instructor (Part-time)
Weight Room Attendant (Part-time)
Desk Clerk (Part-time)
Program Aide (Part-time)
Asst. Swim Coach (Part-time)
Camp Instructor (Part-time)
Birthday Clown (Part-time)
Swim Coach (Part-time)
Preschool Teacher (Part-time)
Aquatic Instructor I (Part-time)
Aquatic Instructor II (Part-time)
Aquatic Instructor III (Part-time)
Recreation Instructor I (Part-time)
Recreation Instructor II (Part-time)
Recreation Instructor III (Part-time)
Airport Operations/Customer Service Specialist
Chief of Operations & Inspections
Engineer II
Engineer II - Transportation
Chief of Current Planning
Chief of Comprehensive Planning
Planner II
Zoning Administrator
Laborer
Maintenance Worker II
Maintenance Worker I
Mechanic I
Mechanic II
15
12
12
12
4 $10.00 per hour
12
5
7
$
9
13
12
11
10
7
4
13
14
11
13
19
14
13
13
14
5
$ 5.50 per hour
5.50 per hour
6.00 per hour
6.50 per hour
7.50 per hour
6.00 per hour
6.25 per hour
7.15 per hour
7.15 per hour
8.00 per hour
9.00 per hour
10.00 per hour
10.00 per hour
10.00 per hour
10.00 per hour
12.00 per hour
15.00 per hour
10.00 per hour
12.00 per hour
15.00 per hour
4
18
18
18
21
21
17
20
1
7
5
5
8
SECTION II. Section 12.1-15 of the Town Code, being the pay grades for compensation of employees
in the town service, is amended to read as follows:
Grade
1994 Pay Range
1 $14,232-22,582
2 14,944-23,651
3 15,691-24,772
4 16,475-25,950
10/26/93 -5-
5 17,288-27,186
6 18,164-28,484
7 19,073-29,847
8 20,025-31,280
9 21,027-32,781
10 22,079-34,361
11 23,183-36,017
12 24,342-37,757
13 25,559-39,583
14 26,837-41,501
15 28,178-43,516
16 29,588-45,631
17 31,067-47,851
18 32,620-50,183
19 34,251-52,631
20 35,964-55,202
21 37,762-57,901
22 39,650-60,735
23 41,632-63,710
24 43,714-66,835
25 45,900-70,116
26 48,195-73,560
27 50,605-77,178
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION V. This ordinance shah be effective upon passage.
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
ll.(b),(~L(e)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as consent and
unanimously adopted.
93-202 - A RESOLUTION: AUTHORIZING A PUBLIC HEARING TO CONSIDER AMENDMENTS
TO CHAPTER 3 OF THE TOWN OF LEESBURG CHARTER
WHEREAS, the Council of the Town of Leesburg is requesting assistance from the state legislators
to address community needs through legislative endorsements for the upcoming 1994 Virginia General
Assembly session; and
WHEREAS, two priority items require an amendment of the Town of Leesburg Charter; and
WHEREAS, Section 15.1-835 of the 1950 Code of Virginia, as amended, requires that a municipal
corporation desiring a charter amendment hold a public hearing to consider such amendments before being
considered by the Virginia General Assembly.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A Town Council public hearingis hereby authorized to be held on TuesdayNovember
23, 1993 at 7:30 p.m. in the Town Council Chambers of the Leesburg Government Center, 25 West Market
Street in Leesburg. Appropriate public notice shah be publicized, and the hearing shah be held to consider
the following proposed amendments to Chapter 3 of the Leesburg Town Charter as described in Sections II
and III below.
SECTION II. A new Section 3-5 shah be added to Chapter 3 Powers Generally, of the Leesburg
Town Charter, as follows:
The town is empowered to exercise of the power of eminent domain within the town and without the
town limits for any property required for airport operations, parks, public governmental building, or any other
type or kind of governmental activity, including the power to issue certificates pursuant to Sections 33.1-119
through 33.1-132 of the Code of Virginia substituting the term Town Manager for
Commonwealth Transportation Commissioner, Director of Finance for State Treasurer and Town of
Leesburg for Commonwealth where the same appears in said code provisions.
10/26/93 -6-
SECTION III. A new Section 3-8 shall be added to Chapter 3 Powers Generally, of the Leesburg
Town Charter, as follows:
That the owners of property shall at such time or times as the Council may prescribe, remove, or
repair any building which has been partially destroyed bY fire or other natural disaster which is located within
the Town of Leesburg corporate limits, including properties in a preservation or historical district and areas
as provided in Section 15.1-503.2 of the Code of Virginia and 15.1-430 to which defines Historic area which
is offensive to the viewing public or diminishes the value of adioining properties and if after reasonable notice
the owner or owners fail to abate or obviate the condition~ the town may do so and charge and collect the
costs thereof from the owner or owners affected in any manner provided by law for the collection under state
or local statues.
93-203 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION AT EXETER SECTION 9
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date at Exeter Section 9 and certified that the value of the work performed exceeds
$1,253,442.40; and
WHEREAS, a letter of credit from 1st American Bank in the amount of $1,566,803.00 was provided
by the developer and approved by the Council to guarantee the installation of public improvements for Exeter
Section 9, and this letter of credit was reduced to $1,024,292.00 by Resolution #91-198; and
WHEREAS, Council Resolution #92-61 approved a substitute performance guarantee from American
Motorist Insurance Company to guarantee the installation of the remaining public improvements for Exeter
Section 9 and released the letter of credit from 1st American Bank; and
WHEREAS, the corporate surety bond was reduced to $713,367.00 by Resolution #92-122 and to
$342,069.00 by Resolution #92-246; and
WHEREAS, Council Resolution #93-184 adopted September 28, 1993 approved a reduction of the
corporate surety bond from $342,069.00 to $68,413.80; and
WHEREAS, the amount of $68,413.80 is incorrect and the correct reduced amount of the corporate
surety bond is $313,360.60 representing an 80% reduction of the initial bond amount of $1,566,803.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Resolution #93-184 is hereby rescinded.
SECTION II. The corporate surety bond from American Motorists Insurance Company in the current
amount of $342,069.00 is reduced to $313,360.60.
SECTION III. The Town Manager shall notify the developer that liability for the corporate surety
bond 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 9.
93-204 - A RESOLUTION: AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE
WHEREAS, when necessary, the town manager's office reviews the town's pay and classification plan
for appropriate revisions; and
WHEREAS, the Finance Department positions have assumed additional duties and must revise job
titles and rates of pay to accommodate the town's pay and classification; and
WHEREAS, the adopted fiscal year 1994 budget includes necessary appropriations to fund the
proposed changes.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The positions and number of employees in the town service established for the fiscal
year beginning July 1, 1993 are amended as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council 1
10/26/93 -7-
EXECUTIVE DEPARTMENT
Manager
Deputy Town Manager
Asst. Town Manager for Economic Development
Executive Secretary
Personnel Officer
Public Information Officer
Secretary
FINANCE DEPARTMENT
Director of Finance
Asst. Director of Finance
.~xeo'_'n!!=g Clerk !!
Accounting Clerk III
Accounting Clerk I
Systems Technician
Finance Technician
Clerk Tgpist
POLICE DEPARTMENT
Chief of Police
Captain
Lieutenant
Sergeant
Corporal
Police Officer
Police Officer 1st Class
Administrative Secretary
Secretary
Parking Control Officer
Data Entry Clerk
1
1
1
10
3
14
3
1
.5
1
1
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Engineer II - Transportation
Adm/nistrative Secretary
ENGINEERING AND INSPECTIONS
Chief of Plan Review
Chief of Operations/Inspections
Engineer II
Engineer I
Contracts Administrator
Senior Inspector
Facility Inspector
STREET MAINTENANCE
Superintendent
Asst. Superintendent
Maintenance Worker II
Maintenance Worker I
Laborer
EQUIPMENT MAINTENANCE
Superintendent
Heavy Equipment Operator
Mechanic II
Mechanic I
Laborer
10/'26/93 -8-
PARKING METER AND LOTS
Parking Attendant (part-time)
1.5
PLANNING~ ZONING AND DEVELOPMENT
Dir. Planning, Zoning & Development
Chief of Current Planning
Chief of Comprehensive Planning
Zoning Administrator
Planner II
Asst. Zoning Administrator
Zoning & Development Assistant
Administrative Secretary
Secretary
PARKS AND RECREATION
Director of Parks and Recreation
Asst. Director of Recreation
Administrative Secretary
Center Coordinator
Recreation Supervisor
Parks & Marketing Coordinator
Center Supervisor
Aquatics Supervisor
Desk Clerk (2 part-time)
Recreation Attendant (part-time)
Lifeguard (part-time)
Building Supervisor (part-time)
1
1
1
1
1
1
1
2
3.5
2
8.5
.5
UTILITIES
ADMINISTRATION
Director of Utilities
Engineer II
Senior Utility Plant Mechanic
Administrative Secretary
Asst. Utility Plant Mechanic
Capital Projects Representative
WATER POLLUTION CONTROL
Superintendent
Asst. Superintendent
Senior Operator
Operator I
Operator II
Operator III
Equipment Operator
Laborer
1
1
2
2
3
1
1
1
UTILITIES LINES
Superintendent
Asst. Superintendent Maintenance
Maintenance Worker II
Maintenance Worker I
Meter Technician
Laborer
WATER SUPPLY
Superintendent
Senior Operator
Operator I
Operator II
Operator III
Operator IV
10/26/93 -9-
AIRPORT
Airport Supervisor
Airport Operations/Customer Services Specialist (part-time)
TOTAL PERSONNEL AUTHORIZED
Full-time Equivalent
(part-time positions inclusive in total above)
VOTE
Aye:
Nay:
11.(0
MOTION
2
1.5
165.00
15.00
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
None
A motion was made by Ms. Umstattd, seconded by Mr. Trocino, to separate the condemnation authority out.
DISCUSSION
Ms. Umstattd was concerned with the Town's request to expand its quick take authority in areas she did not
consider essential to governmental functions. She was nervous about it being expanded to cover parks and
for obvious reasons, government buildings. She objected to the town having that kind of quick take authority
that would not allow a property owner necessary time to prepare to battle the town assuming he or she
disagreed with the town. She did support the rest of the legislation but would vote no on condemnation
authority.
Mr. Clem asked if this mirrored the County's quick take authority.
Peter Stephenson replied yes.
VOTE
Aye:
Nay:
Councilmembers Trocino, Umstattd, and Mayor Clem
Councilmembers Atwell, Bange, Blake, and Webb
MOTION
A motion of Mr. Webb, seconded by Mr. Blake, the following resolution was proposed and adopted.
93-205 - A RESOLUTION: AUTHORIZING LEGISLATIVE ENDORSEMENTS FOR THE 1994
VIRGINIA GENERAL ASSEMBLY
WHEREAS, the Town Council desires to maintain excellent communication and cooperation with
our state legislators; and
and
WHEREAS, the 1994 session of the Virginia General Assembly convenes in Richmond in January;
WHEREAS, legislative amendments and assistance is requested to protect the town's public health,
safety and welfare, and to enhance town revenues.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Council hereby endorses the following legislative amendments and initiatives for
consideration during the 1994 session of the Virginia General Assembly.
COMMUNITY APPEARANCE
For several years the town has been struggling to achieve clear authority to condemn, demolish and/or
dear properties which have suffered extensive fire damage and are abandoned by the property owner. These
properties are not safe and they are an eyesore as well. Support for a town charter amendment to address
this continuing concern is requested.
LAW ENFORCEMENT
A. DUI Code Amendments - Each year the town has to readopt Section 10-97 of the Leesburg Town
Code to adopt and correspond to State Code Section 18.2-266 and 46.2 regarding driving while under the
10/26/93 -10-
influence of alcohol or drugs. Legislation is desired so that local jurisdictions who have adopted the State
Code by reference, will not have to adopt these State Code sections every year.
B. Confiscated Goods Revenues - The town receives 70% of the cash value of items legally
confiscated within the town. The state retains 10% and the Commonwealth's Attorney office receives 20%
of the value. Due to the often lengthy days in receiving the town's share from the state, it is requested that
the town's percentage be increased or that the system be expedited to address the backlogs within the
Commonwealth Attorney's office and in the courts.
C. Grants - The town needs grant assistance to provide additional foot patrol and overtime costs to
adequately cover Loudoun House. However, the town is not eligible for most grants covering this area, as
Loudoun House is only partially, not fully HUD subsidized. Assistance is requested to enable the town to
qualify for much needed grants.
CONDEMNATION AUTHORITY
Last year Delegate Mires sponsored a bill to give all large towns "quick take" condemnation authority.
It was withdrawn at committee and recommended that it be handled next year as a local charter amendment.
Thus, the town requests sponsorship of a local charter amendment to allow Leesburg the same right of early
entry onto private property that is held by Loudoun County for any property required for airport operation,
parks, public government building, or any other type or kind of governmental activity without the present
twenty-one (21) day notifications and waiting period.
REVENUE ENHANCEMENT/EQUITY
A. Rental Property Tax Revenue - Presently, town rental property owners pay an estimated $60,000
annually in business license taxes to the county of Loudoun. The town receives none of these revenues, yet
we provide the majority of the services provided to these units. It is only fair, as a result, that the town be
given authority to receive a share of this revenue.
B. Sales Tax Revenues - The Town of Leesburg generates approximately 32% of the total sales tax
revenues received by Loudoun County from the state ($2,979,630.82 of the $9,396,529.39 received by the
county last year). However, the town only received 9% of the amount distributed to the county, or $820,000.
Due to this large discrepancy between the amount of sales tax generated in Leesburg and the small percentage
returned to the town, it is requested that the present formula for sales tax revenue distribution be re-examined.
TRANSPORTATION PRO-RATA
The town has authority under the 1950 Code of Virginia, as amended, to accept proffered developer
contributions for transportation and to assess and impose a transportation impact fee; however the town does
not have the same authority as Loudoun County to provide for pro-rata road improvement payments as part
of our subdivision ordinance. It is requested that Section 15.1466H of the 1950 Code of Virginia, as
amended, be further amended to include "any towns located within such county."
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem
Councilmember Umstattd
11.(0
MOTION
On motion of Mr. Webb, seconded by Mr. Blake the following resolution was proposed and adopted.
93-206 - A RESOLUTION: AMENDING THE 1987 SEWER SYSTEM MASTER PLAN FOR THE TOWN
OF LEESBURG
WHEREAS, by resolution dated April 11, 1989 the Council of the Town of Leesburg adopted a
comprehensive Sewer System Master Plan for sewer system management within the town's sewer service area;
and
WHEREAS, Alternative No. 2, as described in the plan, was recognized as the most efficient,
economical and practical plan for management of the town's sanitary sewer and therefore selected as the
officialplan for expansion and upgrade of the sewage collection and conveyance system within the service area
of the town; and
WHEREAS, recent approved and pending rezonings in the eastern sewer service area watersheds and
failure of the Sewer Club to construct the upper Cattail Branch pumping station has prompted reconsideration
of the adopted official plan; and
WHEREAS, Alternative No. 1, as described in the plan, with staff recommended modifications has
10/26/93 -11-
been reviewed and is now recommended by the Town-Council, Planning Commission and town staff as the
most efficient, economical and practical plan for sewer system management in the town's service area; and
WHEREAS, a public hearing notice was duly published and public hearing on the subject held on
October 26, 1993;
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Alternative No. 1 as described in the adopted September 1987 Sewer System Master
Plan, with staff recommended modifications as described in the attached Sewer System Master Plan
Amendment is hereby selected as the official plan for expansion and upgrade of the sewage collection and
conveyance system within the service area of the Town of Leesburg in Virginia.
SECTION II. Section II of Resolution Number 89-70 is hereby rescinded.
DISCUSSION
Ms. Umstattd stated she would vote against the resolution despite the Planning Commission's unanimous
recommendation. It appeared to her that this was being done to service water and sewer needs outside the
town. That it will be paid for by potentially increased availability fees as well as increased pro-rata fees
potentially for those developers who are in the town right now. That it will also be paid for partially by bond
savings she had hoped could be used to ward off another 10% increase in water and sewer rates.
Mayor Clem supported the resolution. He was convinced it would not impact the production that is needed
in that area, and that it would not have any impact on services delivered by taking out the pump station.
Mayor Clem felt even though River Creek and part of Harper Park are outside of the town limits, the town
is obligated by the Annexation Agreement to provide water and sewer to those areas, and he felt it was
important that the town honor past agreements. He hoped the $4 million savings would be passed off to the
citizens.
Mr. Webb asked how the town could say it might increase the sewer and water rate users if we are going to
save $4 million.
Ms. Umstattd explained the savings would be to the developers not to the users in the town.
Mayor Clem stated the main thing was that it won't compromise the sewer systems in that area.
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem
Councilmember Umstattd
NEW BUSINESS
MOTION
On motion of Mr. Atwell, seconded by Mr. Webb, the following resolution was proposed and unanimously
adopted.
93-207 - A RESOLUTION: MAKING A CONTRIBUTION TO THE KIWANIS CLUB OF LEESBURG
FOR THE 1993 HALLOWEEN PARADE
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized to make a contribution of the special event's fee for the 1993
Leesburg Kiwanis Halloween Parade in an amount to be determined by the Town Manager.
DISCUSSION
Ms. Umstattd said she would vote for this motion but questioned the total cost.
Mr. Brown replied $500 for police and about $500 for Public Works.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Mr. Atwell announced his resignation from the Airport Commission due to his new position with the
Economic Development Commission.
10/26/93 -12-
MOTION
On motion of Mr. Trocino, seconded by Ms. Bange, the following resolution was proposed and unanimously
adopted.
93-208 - A RESOLUTION:ACCEPTINGTHE RESIGNATION OF COUNCILMANATWELL FROM THE
TOWN'SAIRPORT COMMISSIONAND APPOINTING COUNCILMANBLAKE
TO THE AIRPORT COMMISSION
WHEREAS, Councilman George Atwell has tendered his resignation from the town's Airport
Commission effective October 26, 1993, after being appointed to the town's newly created Economic
Development Commission by Resolution No. 93-201.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Councilman Ronald W. Blake is appointed to town's Airport Commission to fill the unexpired term
of Mr. Atwell.
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
None
12.0~)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted.
93-209 - A RESOLUTION: AUTHORIZING AN AGREEMENT FOR KINCAID FOREST PHASE 1,
SECTION 9A
WHEREAS, the construction drawings and final plat for Kincaid Forest Phase 1, Section 9A have
been approved; and
WHEREAS, the developer, First Potomac Development Company, wishes to proceed with installation
of the public improvements without providing a performance guarantee; and
WHEREAS, the final plat for Kincaid Forest Phase 1, Section 9A cannot be recorded until all the
public improvements are completed and accepted by the Town Council or a performance guarantee acceptable
to the Town Council is provided by the developer.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Manager shall execute the contract for public improvements with First Potomac Development
Company for the improvements shown on the plans approved by the Director of Engineering and Public
Works for Kincaid Forest Phase 1, Section 9A.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb, and Mayor Clem
Nay: None
Abstain: Councilmember Trocino
12.(c)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted.
93-210 - A RESOLUTION:RECEIVINGAND REFERRING THE APPLICATION OF ROBERT FRANK
PENCE C/O PENCE FRIEDEL DEVELOPERS, INC. FOR REZONING AND REVISION
OF THE ZONING DISTRICT MAP AND SETrING A JOINT PUBLIC HEARING
UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The application of Robert Frank Pence, c/o Pence Friedel Developers, Inc. for rezoning
approval and revision of the Zoning District Map (#ZM-137 from O-1 (General Office District) and R-22
to B-3 (Community Retail/Commercial District) is received and referred to the Planning Commission for
recommendation under Chapter 11, Title 15.12 of the 1950 Code of Vir~nia, as amended.
10/'26/93 -13-
SECTION II. The application of Robert Frank Pence for Special Exception (#SE-93-03) is also
received and referred to the Planning Commission for recommendation.
SECTION III. A notice of joint public hearing shah be published in the Leesburg Today on
November 12, 1993 and November 19, 1993, for a joint hearing of the Council and Planning Commission on
November 23, 1993, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia.
SECTION IV. The Planning Commission is requested to study the special exception application and
make recommendation to this Council prior to the public hearing on November 23.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb, and Mayor Clem
Nay: None
Abstain: Councilmember Trocino
MOTION
On motion of, and duly seconded, the meeting was adjourned at 10:00 p.m.
Clerk of Council
,/James E. Clem, Mayor
10/26/93 -14-