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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-