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HomeMy Public PortalAbout1994_04_26157 TOWN COUNCIL MEETING MINUTES OF APRIL 26, 1994 A reguhr meeting of the Leesburg Town Council was held on April 26, 1994, 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 Bange. SALUTE TO TIIE FLAG was led by Town Manager Steve Brown ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Ronald W. Blake (absent) 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 Director of Finance Paul E. York Director of Planning, Zoning, and Development Michael Tompkins Planning Assistant Mary Mack APPROVAL OF MINUTES On motion of Mr. Webb, seconded by Ms. Umstattd, the regular meeting minutes of April 12, 1994, were approved as written. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Blake CERTIFICATE OF APPRECIATION A Certificate of Appreciation was presented to the Riptide Swim Team by Director of Parks and Recreation Gary Huff. PROCLAMATIONS MOTION On motion of Ms. Bange, seconded by Mr. Trocino, the following proclamation was proposed and adopted. PROCLAMATION MOTORCYCLE AWARENESS MONTH WHEREAS, the safe operation of a motorcycle requires the use of special skills developed through a combination of training and experience, the use of good judgment, and a thorough knowledge of traffic laws and licensing requirements; and WHEREAS, motorcycle riding is a popular form of transportation and recreation for thousands of people across the state and nation; and WHEREAS, the safety concerns created by motorcycle riding should be of great concern to motorcycle riders, as well as all other motor vehicle operators; and WHEREAS, all motorcycle organizations, clubs, dealerships, groups and highway safety officials in our state should join with the Virginia Motorcycle Safety Department and ABATE of Virginia in actively promoting safe operation, increased rider training, improved licensing efforts, and motorists awareness; and WHEREAS, during the month of May, all roadway users should unite in the safe sharing of roadways throughout the state of Virginia; and 158 WHEREAS, the Motorcycle Safety Awareness Campaign is intended to reduce the number of accidents, injuries and fatalities associated with motorcycling by encouraging motorcycle operators to participate in rider education programs, wear the proper apparel and operate their vehicle defensively according to the rules of the road. NOW, THEREFORE, I, James E. Clem, Mayor of the Town of Leesburg, do hereby proclaim the month of May, 1994 as MOTORCYCLE AWARENESS MONTH in Leesburg. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Blake MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following proclamation was proposed and adopted. PROCLAMATION NATIONAL SKIN CANCER PREVENTION AND DETECTION MONTH WHEREAS, skin cancer is the most common cancer in the United States; and WHEREAS, Melanoma has a mortality rate of 25 percent causing 5,000 deaths per year, and nonmelanoma skin cancer causes another 2,000 deaths per year; and WHEREAS, patients with increased risk of developing melanoma and nonmelanoma skin cancers can be identified and early treatment results in high cure rates; and WHEREAS, sun exposure is an undisputed cause of nonmelanoma skin cancer and is an important factor in development of melanoma; and WHEREAS, the number of skin cancers can be reduced through sun protection measures such as the use of suncreening lotions and simple changes in lifestyle; and WHEREAS, the American Academy of Dermatology and State and local dermatologic organizations are committed to heightening the awareness and understanding of melanoma and nonmelanoma skin cancers among the general public and the health care community: THEREFORE, BE IT RESOLVED that the Mayor and Town Council of the Town of Leesburg in Virginia encourage all Leesburg citizens to participate in this valuable health care program, and do hereby declare the month of May, 1994, as National Skin Cancer Prevention and Detection Month. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Blake PETITIONERS Bob Premack a resident of 217 Shenandoah Street, addressed the Council emphasizing the importance of tree preservation in Leesburg. He requested that the Council contact Mr. Allison, with the Homeowners Association in Brandon, at 777-8547 and advise him not to cut down trees located on common ground behind 217 Shenandoah Street. Mayor Clem referred Mr. Premack's concern to Mr. Brown. Kathleen Wilt, a resident of 503 Sabre Court, S.E., addressed the Council commenting on the proposed budget. Mr. Yarborough addressed the Council expressing his opposition to the proposed Plaza Street fire station site. Ms. Helsman informed the Council of an "appalling experience" she had with Director of Finance Paul York regarding the replacement of lost town decals. She suggested that the system be changed. Mayor Clem requested that Mr. Brown prepare a report in response to Ms. Helsman's concern. 159 Ms. Umstattd requested that Mr. Brown a~so consider a refund for all citizens who have been wrongly overcharged in this matter. Sid Lissner, a resident of northeast Leesburg, expressed his concern regarding the freedom of speech. Hub Turner, a resident of Leesburg, addressed the Council regarding blasting. He asked for an update from Mr. Brown. Mayor Clem stated a meeting was held with the county last week to discuss various things centering around inspections. The Fire Marshall's office has advised that a training program for town personnel is underway. Hub Turner reported a forest located at the end of Nichol's Place has now been demolished. He was disturbed by the loss and encouraged tree preservation. Mr. Webb asked Mr. Brown for a review of the proffers made as to approved and unapproved uses of the Plaza Street site. Mr. Brown stated the 10 acre site called Robinson Park, was dedicated on April 23rd as a ball field. The proffers called for the site to be considered a public facility site. He also stated other sections of the site have been contemplated to be converted to recreational fields if it is not going to be used as a fire station site. Mr. Webb asked if a written agreement was ever made with the developer or a homeowners association and/or the Town of Leesburg as to being used for recreation. Mr. Brown replied no. Mr. Yarborough added that item #5 was inserted on the list of proffers, which specifically deals with the site as a recreation area. Mayor Clem asked that a report be prepared to ensure that the trees in question that were to be saved, have been saved and if not what course of action would be taken to correct that. PUBLIC HEARING: Special Exception Application #SE-93-02 by Leesbur~ Limited Partnership Marilee Seigfried presented a brief staff report. Ms. Umstattd asked if the residents in the area have been notified of this proposal. Ms. Seigfried replied yes. Norman German, a resident of Fox Chapel, asked if the proposed units would be similar to the existing units. The reply was yes. Charlie Kealor, representing Leesburg Limited Partnership, gave a brief description of the plan. ll.(O MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and adopted. 94-0-09 - AN ORDINANCE: APPROVING SPECIAL EXCEPTION APPLICATION #93-02 LOT 2 PROSPERITY CENTER WHEREAS, Leesburg Limited Partnership has requested special exception approval to locate multi- family dwelling units in the B-2 zoning district; and WHEREAS, on April 7, 1994 the Planning Commission recommended conditional approval of this special exception application to the Town Council; and WHEREAS, on April 26, 1994 the Town Council held a public hearing on this application; and WHEREAS, the proposed multi-family development is compatible with adjacent uses and meets the general and specific review criteria set forth in the special exception regulations of the zoning ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-93-02 Lot 2, Prosperity Center, identifiedas Tax Map 48((15)) Parcel 2 in the Loudoun County tax records and as shown on a concept plan dated February 3, 1994 4/26/94co -3- 160 and revised April 14, 1994 as prepared by Huntley, Nyce & Associates, Ltd., is hereby approved subject to the applicant providing the following improvements at the Prosperity Avenue/East Market Street intersection to separate the through traffic movements from the turning movements: Restripe the northbound approach of Prosperity Avenue at Market Street for a left turn/through lane, and a right turn lane. Provide all necessary signage and traffic control devices to implement the proposed left turn/through lane, and right turn lane. Provide all modifications on Route 7 necessary to implement the proposed left turn/through lane, and right turn lane. All pavement markings and traffic control devices necessary to support the left turn/through lane and right turn lane shah be designed by an engineer licensed to practice in the Commonwealth of Virginia and shall be subject to approval of the Director prior to approval of the final development plan. SECTION II. Approval of the special exception concept plan does not authorize modifications to any requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations, or the Zoning Ordinance unless specifically set forth in this ordinance. SECTION IlL This ordinance shall be in effect upon its passage; DISCUSSION Ms. Umstattd asked if Ms. Seigfried was familiar with whether the Council has ever granted a special exception of this nature before - elsewhere in town - permitting multi-family residential use in a B-2 zoning district. Ms. Seigfried replied yes - in the Gateway Subdivision and the Foxchase Development. VOTE Aye: Councilmembers Atwell, Bange, Webb, and Mayor Clem Nay: Councilmember Umstattd Absent: Councilmember Blake Abstain: Councilmember Trocino PUBLIC HEARING: Rezoning Application #ZM-139 by Kincaid Forest Floodplain Alteration Ms. Seigfried presented a brief staff report. Ms. Umstattd asked Ms. Seigfried when she would anticipate the final letter from FEMA coming through. Ms. Seigfried replied nothing has been received from FEMA yet. Mr. Mason clarified that FEMA has already reviewed and approved a conditional letter of map revision. He explained the FEMA process. The item was referred to the Planning and Zoning Committee meeting of May 4, 1994. PUBLIC HEARING: To consider an amendment to Section 13-55~ of the Subdivision and Land Development Regulations re~ardin~ boundary, line ad. iustments Ms. Sei~ried presented a brief staff report. 11.(~) MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following ordinance was proposed and adopted. 94-0-10 - AN ORDINANCE: AMENDING SECTION 13-55.3 OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING BOUNDARY LINE ADJUSTMENTS WHEREAS, on July 1, 1993, the Virginia General Assembly, in regular session, amended Section 15.1-483.1 Code of Virginia as it pertains to the relocation or alteration of boundary lines; and 4/26/94co -4- 161 WHEREAS, to ensure consistency with the Code of Virginia, the Town of Leesburg Subdivision and Land Development Regulations should be likewise amended; and WHEREAS, on February 17, 1994 the Planning Commission held a public heating on this proposed amendment; and WHEREAS, on April 26, 1994 the Town Council held a public hearingon this proposed amendment: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 13-55.3 of the Subdivision and Land Development Regulations is hereby amended as follows: SECTION 13-55.3 BOUNDARY LINE ADJUSTMENTS The Land Development Official may approve the relocation or alteration of the boundary lines of any lot or parcel of land, which was established as part of an otherwise valid and properly recorded plat of subdivision or re-subdivision and properly executed by the owner(s) of such land and approved as provided in this ordinance or properly recorded prior to the applicability of a subdivision ordinance ~_v.dr- ...... _,._. ~".j er. ec'_'ted by !~e ....... ....... if such relocation or alteration does not create any additional lots or involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas; and provided further, that no easements or utility rights-of-way shall be relocated or altered without the express consent of ah persons holding any interest therein. A boundary line adjustment shall result in lots which conform to the requirements of the Zoning Ordinance, or in the case of existing non-conforming lots, does not increase the extent of non- conformance. The plat approving the boundary line adjustment shall be in a form approved by the Land Development Official and shah be executed by the owner or owners of such land as provided in Section 15.1-477 of the 1950 Code of Vlrgama, as amended, ....... ~'~ ..... *~' ....... r.vr_..~* ......... ....... ~_~,~°~ and shall bear the seal and signature of a certified land surveyor, and the approval signatures of the Land Development Official and Zoning Administrator. The subdivider or developer shall record the boundary line adjustment plat in the land records of Loudoun County within six months of approval. Any plat not so recorded shah be deemed nub and void. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION IV. This ordinance shah be in effect upon its passage. DISCUSSION Ms. Umstattd asked what the recommendation was from the Planning Commission. Mr. Webb replied it was a unanimous approval. VOTE Nay: Absent: Councilmembers AtweH, Bange, Trocino, Umstattd, Webb, Mayor Clem None Councilmember Blake COUNCILMEMBER COMMENTS Mr. Webb made no comment. Ms. Umstattd received a cab from the Northern Virginia Planning District Commission. She stated that Loudoun County is planning to build a juvenile detention center outside the town limits near the airport. Ms. Umstattd responded to a question from a child on Bradfield Drive regarding the source of water for Cool Spring Elementary School. Ms. Umstattd assured the child that the water comes from the water treatment plant. Mr. Trocino congratulated staff for their hard work on the Flower and Garden Show. He stated he has recently received cabs regarding enhanced town status and proposed a study group be formed. 4/26/94co ~5- 162 He reported on the Tree Committee's progress and noted there seems to be additional problems which will require more attention to the way trees are dealt with. Mr. Atwell made the following comments. ' Yes, I do have a higher level of expectation from one who sits in this chair, and yes, I do have a higher level of expectation from one who aspires to sit in this chair. And can I stand the heat in the kitchen? You bet I can. I might suggest parenthetically that it's going to get an awful lot colder in an awful hotter place than this chair before I resign from this Council.' Ms. Bange congratulated the Parks and Recreation Department for the hard work on the Flower and Garden Show and also the Arbor Day program. MAYOW S REPORT Mayor Clem reported the Town of Leesburg was recognized again over the weekend as Tree City, U.S.A. He concurred with fellow members on the Council that it is important to preserve trees in town. He stated that the tree issue in Prospect Hills needs to be looked into. Mayor Clem thanked Ms. Mack for sitting in this evening on behalf of the Clerk. He made a suggestion to Mr. Brown that the town look into the proposed boundary line adjustment in Woodlea Manor. Since the town is providing water and sewer to the lots, the lots should be in the town allowing collection of the 20 1/2 cents tax that will be coming with them. Mayor Clem attended the dedication of the Ken Robinson Ball Field. He extended congratulations to Mr. Robinson and was happy to be a part of the ceremony. MANAGER'S REPORT Mr. Brown thanked the staff for their hard work on the Flower and Garden Show. He announced the garden plots at Ida Lee Park are sold out again this year. Mr. Brown also announced Wednesday would be a National Day of Mourning for the passing of Richard Nixon, however, the town offices will remain open. He reported that next week's committee meetings have been rescheduled to May 4th due to Election Day on May 3rd. LEGISLATION 11.(a) Mr. Atwell stated the Council deserves a pat on the back, referencing a 43% increase in the budget with no increase in real estate, personal property, meals, lodging, or cigarette taxes, water/sewer charges, user fees, and no reduction in fiscal reserve. He stated this Council directed Mr. Brown to present a budget with no increase in taxes, maintain a fiscal reserve, and to improve salary structure for town employees, to improve trash collection, to improve streets and sidewalk maintenance. He listed the following: salary structure - 4% increase for all employees with a total of $200,000 increase in the budget, Police Department salary adjustments, some of which are a result of the task force recommendation amounting to $70,000, salary adjustments for all staff for merit totaling $100,000 to be spent at the discretion of this Council, 9 new employees totaling $200,000. Mr. Atwell, spoke of the results of staff reductions over the last 2 years. Because of some of the maintenance conditions that have occurred in town he thought it was time to rectify the situation. He pointed out these figures total $570,000, just over 7%. Mr. Atwell considered the Thomas Balch Library - with a net cost of over $80,000 - an institution with historical significance and a $500,000 economic plus to this community. Mr. Atwell referenced the airport stating that after taking over a bad financial proposition, it has turned into an operation that requires only a $71,000 subsidy from the General Fund, which is a far cry from the approximately $150,000 last year. He stated that incidently, some have decried the 400% increase in the airport budget, but again look at the facts. The increase is 95% funded by state and federal grants. If the town comes up with 5% additional cost and still decreases the subsidy by nearly 50% the airport's finances must be improving. Mr. Atweil considered Ida Lee Park another jewel in the crown of the quality of life in Leesburg. He emphasized there is no increase in user fees or taxes. Mr. Atwell stated that approximately $14 million dollars out of a $45 million dollar CIP will be put into effect. Out of that $14 million only $715,000, approximately, comes from the general revenue fund. He opposed suggestions of cutting $1 million from the CIP, stating that the town would be giving up money for improving 4/26/94co -6- 163 the quality of life in Leesburg to other jurisdictions. This Council has provided increased funding for economic development, tourism, fire and rescue service subsidy, Bluemont Concert Series, Loudoun Museum, Arts Councils and more again to cultural institutions. He concluded by stating that this Council has said no increase in water and sewer rates for more than one year and we will continue to say so. Mr. Atwell defended the Council's policy of not equalizing. He commented that when the assessment goes down, the tax bill goes down. MOTION On motion of Mr. Atwell, seconded by Ms. Bange, the following resolution was proposed and adopted. 94-82 - A RESOLUTION: APPROVING THE BUDGETAND MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1995 WHEREAS, the budget and tax rates for the fiscal year ending June 30, 1995, have been presented and reviewed by this Council in accordance with Section 4-2.1:1(b) of the Town Code and Section 15.1-160 of the 1950 Code of Virginia, as amended; and WHEREAS, a public hearing on the proposed budget and tax rates was held on March 22, 1994; and WHEREAS, the manager prepared and submitted by memorandum dated April 19, 1994, a potential list of adjustments to the proposed budget for the General Fund for the fiscal year ending June 30, 1995; and WHEREAS, Council met in budget workshop session on April 20, 1994; and WHEREAS, this Council has directed the town manager to adjust the proposed budget in accordance with the budget adjustments proposed at the April 20, 1994, workshop; and WHEREAS, the tax rates for 1994 real estate and personal property taxes will remain unchanged at $.205 and $1.00 respectively, per $100 of assessed valuation. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager's proposed budget as amended to include the adjustments proposed in the General Fund is adopted and appropriations are made for the fiscal year ending June 30, 1995, in the amounts shown to the categories and accounts for the general ($11,892,847), utility ($17,794,537), airport ($5,662,906) and capital project funds ($1,494,240), provided that capital project funds appropriations remain in effect until the projects are completed. SECTION II. The manager is authorized to transfer appropriations made herein to accounts within the same departmental budget as long as the total appropriation for the departments is not adjusted. DISCUSSION Mr. Webb suggested that lower grade employees receive most of the benefit of the salary increase. Mr. Atwell concurred with Mr. Webb's suggestion and proposed entertaining a plan that would be the most beneficial use of the $200,000. Ms. Umstattd stated she would be voting against the budget. She does not consider it to be the best possible budget the Council could have. She mentioned the 43% increase in total town spending which includes an increase in the number of staff members. She recalled her commitment of two years ago to try to work to at least hold the llne on the size of government and government spending rather than increase it. Ms. Umstattd commented there could have been a substantial tax rate reduction this year. She stated that contrary to what was said earlier, this budget does include a substantial reduction in the fiscal reserve of at least $200,000. Ms. Umstattd agreed that town staff deserves a 4% cost of living increase. But she could not support merit or in-step increases which add to the budget and add to the cost of the taxpayer. She would therefore vote no on the budget. Mr. Trocino was pleased with the progress made in the last 3 years regarding fiscal responsibility. He considered the budget beforehand to be service oriented. He echoed Mr. Atwell's comments regarding the "crown jewels" in the town. Mr. Trocino spoke about price paid for fiscal conservatism, being a lower level of service, and stated that it has been the hallmark of this Council to do something about that now. He criticized the Council for not doing more for the Police Department. He encouraged better training and more competitive salaries for the town's police officers. Mr. Trocino was pleased with the budget and would vote 4/26/94co -7- 164 to adopt it. Ms. Bange spoke in support of the budget and considered the Council to be very responsible in trying to deal with the debt the Council inherited 2 years ago. She believed this budget to be very responsible stating it was in keeping with the goals of this Council. Ms. Bange stressed the importance of reinvestment to improve the town's future. She congratulated the Council and staff and believed the budget to be something Leesburg could be proud of. Mayor Clem was encouraged with Leesburg's attempt to come out of the recession. He was happy to see a new drug and under cover officer position planned in the budget, but recommended that due to the nature of the position, this individual not be identified to any member of staff or Council. Mayor Clem stated the fiscal reserve was approximately $1.7 million this year and that next year it would be about $1.5 million. He believes $1.5 million is reasonable. He is encouraged that the brush situation will be improving. He stated it is time to become progressive and find new ways to do business in a more expedient and cost effective method. Mayor Clem was pleased with the work the Council has done. Mayor Clem supported the budget and recommended that the Council look at returning deposits to people for their water and sewer connections. He hopes a policy will be set up stating this could be a bigger refund than any tax cut. Mr. Webb, referenced Ms. Umstattd's comment about the 43% increase in the budget and asked what she would suggest doing with the money received from grants. Ms. Umstattd stated that whenever you accept federal funds you have to recognize that there may be certain ties that bind you into additional spending. This is something that Leesburg has not done. Mr. Webb asked Ms. Umstattd if what she was saying was that she would rather someone else have the money than the town? ROLL CALL VOTE Aye; Nay: Absent: Councilmembers Atwell, Bange, Trocino, Webb, and Mayor Clem Councilmember Umstattd Councilmember Blake ll.(b) Mr. Brown provided a brief summary of the CIP. MORON On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 94-83 - A RESOLUTION: ADOPTING THE FISCAL YEARS 1995-1999 CAPITAL IMPROVEMENT PROGRAM WHEREAS, Section 15.1-464 of the 1950 Code of Virginia, as amended, authorizes the preparation and annual review of a Capital Improvement Program (C.I.P.); and WHEREAS, the town manager submitted a proposed Capital Improvement Program to the Town Council and Planning Commission on January 31, 1994; and WHEREAS, the Planning Commission has reviewed the C.I.P. for compliance with the Town Plan and on February 3, 1994, approved a motion to recommend the C.I.P. for adoption by the Town Council; and WHEREAS, the Town Council held a public hearing on the proposed C.I.P. on February 22, 1994; and WHEREAS, the C.I.P. provides a long-term plan for the financing, acquisition and construction of capital facilities, projects and equipment in the amount of $45,298,804 over the next five years. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The proposed Capital Improvement Program for fiscal years 1995-1999 is hereby adopted. DISCUSSION Mr. Atwell commented that $45 million over the next five years is a plan, which does not mean that the town 4/26/94co -8- 165 will spend $45 million over the next five years. It is a plan that can be and probably will be revised. Mr. Trocino concurred with Mr. Atwell that it is a plan and a good one. Ms. Umstattd stated there are many good projects in the CIP, but there are at least $11 million worth of projects that she could not support. She announced she would vote against the CIP as a whole. Mr. Webb commented to Ms. Umstattd that airport fund improvements are not costing the taxpayers any money and the sewage treatment plant is mandated by either the State Health Department or the Annexation Agreement. Ms. Umstattd disagreed with Mr. Webb. She stated that taxpayers would be paying for maintenance at the airport for years to come. Mayor Clem spoke about improvements to Potomac Crossing and the new sewer line extension to the Potomac River, pointing out that the future has to be addressed. VOTE Absent: Councilmembers Atwell, Bange, Trocino, Webb, and Mayor Clem Councilmember Umstattd Councilmember Blake 1!4c) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and adopted. 94-0-11 - AN ORDINANCE: AMENDING CHAPTER 15, ARTICLE III AND CHAPTER 19, ARTICLE III OF THE TOWN CODE REGARDING UTILITY FEES WHEREAS, Ordinance No. 92-0-17, adopted June 23, 1992, included annual rate increases for water and sewer user fees to fund the town's utility system and meet the costs of its operating expenses, debt services and capital projects through fiscal year 1996; and WHEREAS, availability fee revenues received during fiscal year 1994 have exceededbudget estimates; and WHEREAS, a financial forecast model, reflecting the increased revenue and project savings, indicates a sufficient utility fund balance and revenue coverage ratio without increasing water and sewer user fees throughout fiscal year 1995; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 15, Article III and Chapter 19, Article III of the Town Code, are hereby amended as follows: Sec. 15.57. Charge where connection made to both water and sewer system. Where connection has been made to both the town water and sewer system, the charge for use of the sewer system shall be based on time and quarterly water meter readings taken to the nearest 1,000 gallons as follows: for premises inside the town, the rate beginning July 1, 1992, shall be $2.25 per quarter plus $3.21 per 1,000 gallons, and beginning July 1, 19945, $3.53 per 1,000 gallons, oma u.~.,.~;.,~ Sec. 15.58. Charge where connection made to sewer system only--generally. Where connection has been made to the town sewer system only, the charge for use of the sewer system shall be as follows: for premises inside the town, the charge shall be $59.00 per quarter beginning July 1, 1992, and $65.00, beginning July 1, 19945. o"a ~'~ nn ~..~;....;.,~. T,.u, ~ ~oo~ Sec. 19-45. Rates established. The charge for use of water from the town water system shall be based on quarterly meter readings taken to the nearest 1,000 gallons at the following rates: for premises inside the town, the rate beginning July 1, 1992, shall be $2.25 per quarter, plus $2.67 per 1,000 gallons and beginning July 1, 19945, $2.93 per 1,000 gallons. ~'~ ~'~"-';"'- h,u, ~, ~oo~ ~ o~ .,o. ~ ~ ~.o;;,~.~ SECTION II. This ordinance shall be effective July 1, 1994. 4/26/94co -9- 166 DISCUSSION Mayor Clem requested that a study be commissioned for utility rates. Mr. Atweil concurred with Mayor Clem, stating that although the town has been prudent in holding the increases to this point, it is necessary to look into the future. VOTE Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Absent: Councilmember Blake ll.(d) DISCUSSION Mr. Brown defended the need to recognize and compensate town management. He asked for across the board 4% cost of living increases. Ms. Ban_~e appreciated what Mr. Brown said. She asked that this issue be referred back to committee before voting. This item was referred to a special meeting of the Town Council. ll.(e) MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted. 94-0-12 - AN ORDINANCE:AMENDING CHAPTER 5.1, ARTICLE I, ARTICLE XII AND ARTICLE XIV, OF THE LEESBURG TOWN CODE REGARDING CABLE TELEVISION RATE REGULATION WHEREAS, the Cable Television Consumer Protection and Competition Act of 1992 allows local franchising authorities to regulate basic cable service rates and the charges for associated equipment, installation and services, provided that the local franchising authority is certified by the Federal Communications Commission and adopts regulations consistent with those established by the FCC; and WHEREAS, the Town of Leesburg is a franchising authority with the legal authority to adopt, and the personnel to administer, regulations with respect to the basic service rates and charges of any cable television system operating in the town, including, without limitation, the system currently being operated by Benchmark Acquisition Fund I, L.P. (Cablevision of Loudoun) pursuant to the Franchise Agreement; and WHEREAS, the Town desires to regulate the basic service rates and charges of the company and any other cable television system operating in the Town and shall do so in accordance with the FCC Rate Regulations, notwithstanding any different or inconsistent provisions in thc Franchise; and WHEREAS, in connection with such regulation, the town will ensure a reasonable opportunity for consideration of the views of interested parties. THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 5.1, Article I, of the Town Code is hereby amended as follows: Sec. 5.1-3. Definitions. Where used within this chapter, unless the context clearly indicates otherwise, the following words and terms shall have the meaning indicated below: Applicant means any applicant for a Franchise pursuant to this Chapter. Basic cable service shall mean any service tier which includes the retransmission of local television broadcast signals; public, educational and government access channels; and any other video programming or service a cable operator chooses to place on the basic tier. Cable television system or systems shall mean any facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, except that such definition shall not include (i) a system that serves fewer than twenty (20) subscribers, (ii) a fadlity 4/26/94co -10- 167 that serves only to retransmit the television signals of one or more television broadcast stations, (iii) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public fight-of-way, (iv) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 U.S.C. ( 201 et seq., except that such facility shah be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, or (v) any facilitiesof any electric utility used solely for operating its electric systems. Cablecasting shah mean originating programming over a cable television system. Converter shah mean an electronic device, which converts signals to a frequency not susceptible to interferencewithin the television receiver of a subscriber and, by an appropriate channel selector, also permits a subscriber to view all signals delivered at designated dial locations. Earth station shah mean the electronic equipment and hardware necessary to receive signals from satellites. FCC shah mean the Federal Communications Commission or its successor. Franchise shah mean an authorization granted pursuant to this chapter and applicable state law in terms of a privilege, permit and license to construct, operate and maintain a cable television system within the town. Any such authorization, in whatever form granted, shah not include any license or permit required for the privilege of transacting and carrying on a business within the town as required by other ordinances and laws of the town. Franchise territory shah mean aH the area within the corporate limits of the town and any future extension thereof by annexation or boundary line adiustment. Franchisee shah mean the person, firm or corporation granted a franchise by the town under the provisions of this chapter and the lawful successor, transferee or assignee of said person, firm or corporation. Local origination channel shah mean a channel which is programmed by the cable system and subject to its exclusive control. Monitoring shah mean observing a one-way communications signal, or the absence of a signal, whether the signal is observed by visual or electronic means for any purpose whatsoever. Pay television shah mean the delivery over the cable television system of video signals to subscribers for a fee or charge, over and above the charge for basic service, on a per program, per channel or other subscription basis. Property of franchisee shah mean aH property owned, installed or used within the town by a franchisee in the conduct of a cable television system business under the authority of a franchise granted pursuant to this chapter. Service tier shah mean a category of cable service or services provided by a franchisee's cable television system and for which a separate rate is charged. Signals, whether distant, local radio, television or kinds of channels such as class I, II, III and IV, shah be given the meanings found in applicable FCC rules and regulations. Subscriber shah mean any person or entity receiving for any purpose any service of the cable television system including, but not limited to, the conventional cable television system service or retransmission of television broadcast, radio signals, the franchisee's original cablecasting and the local government, education and public access channels and other services including, but not limited to, leasing of channels, data and facsimile transmission, pay television and police, fire and similar public, service communication. Town manager shah mean the manager of the town or an official authorized by him to administer the terms, provisions and regulations of this chapter. SECTION II. Chapter 5.1, Article XII, of the Town Code is hereby amended as follows: ARTICLE XH. RATES; RATE REGULATION; COMPLAINTS; (a] Filing and publication of rates~ rules and regulations. Charges to subscribers and users shah be uniform throughout the franchise area with a written schedule of fees for aH services offered and available from the franchisee upon request. A franchisee shall publish and file with the town manager schedules of aH rates and charges for aH services offered to the 4/26/94co -11- 168 subscribing public. Such schedules shall plainly state the cost of each particular service or combination of services, together with all rules, regulations and requirements affecting the installation, the quality or cost of such service to the subscriber. The manner and form by which such schedules are published shah be reviewed and approved by the town c~-'~:oo manager. --r--- Discriminatory or preferential practices prohibited. The franchisee shah not, in its rates or .k ..... charges, or in making available the services og or facilities of its system, or in its rules or regulations, or in any other respect, make or grant a preference or advantage to any subscriber or potential ~ subscriber of the cable television system or to any user or potential user of the cable television system; and shah not subject ~ any such person to any prejudice or disadvantage. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscriptions to the cable television system or other legitimate uses thereof. Notwithstanding the aforementioned, this provision shall not prohibit the franchisee's establishment of special rates or charges for subscribers eligible and participating in the town's real estate tax relief for the elderly program or handicapped persons, as defined in Section 46.1-104.1(al) of the Code of Virginia. (c) Disconnection. No disconnection fee shah be charged to a subscriber. Customer-requested disconnection shall be made as soon as practicable and in no case shall billing continue longer than two (2) business days following written notice to the franchisee of same by subscriber. The franchisee shah not enter into any agreement with a subscriber which imposes any charge other than past due balances and unreturned equipment charges following disconnection of service, except for reconnection and subsequent monthly or periodic charges, and those charges shah be no greater than charges for new customers. This section shall not prevent the franchisee from refusing service to any person because the franchisee'sprior accounts with that person remain due and owing. ~ -.--- ~ Sec. 5.1-62. Rate Regulation. (a~ Compliance with FCC regulations. In regulating rates for basic cable service and associated equipment, installation and services as allowed by federal law, the Town shall be governed by and shall comply with all controlling FCC regulations and State and federal statutes, notwithstanding any different or inconsistent provisions in the franchise. Notice and comment. The franchisee must give thirty (30) days prior written notice to the Town Manager and aH affected subscribers of any proposed rate changes or additional charges, excludin~ temoorarv marketing and sales discounts or offers. Upon receipt of the cable operator's submission describing its rates or proposed rates, the Town of I.eesburg shall publish notice in a newspaper of general circulation in the Town requesting oral and/or written comments from the public or any interested person. The notice shall name the franchisee, announce that the Town is conducting a review of the franchisee's schedule of rates or proposed rate increase, establish a closing date and provide :an address where the comments will be sent. The comment period shall be open for no less than seven (7) calendar days after publication. The Town shall review and consider such comments in making any determination under this section. 4/26/94co -12- 169 (2) Unless the proposed rate is disapproved or the town issues an order tollin~ the time for consideration of the rate consistent with FCC regulations, proposed rates will become effective after 30 days from the date the franchisee's rate submission is received by the Town. In the event that the Town issues a tolling order, if no action is taken by the Town within the additional allowable time, the proposed rates will go into effect, subiect to refunds if the Town subsequently issues a written decision disapproving any portion of such rates. The calculation of any such refunds shall be consistent with FCC regulations. Additional information. At any point during the review process, the Town, at its discretion, may (1) hold public heatings provided that 48 hours prior written notice is sent to the cable operator and 48 hours prior published notice is provided the public; (2) seek additional written comments; (3) require the franchisee to produce additional information, including but not limited to certified financial statements, and all worksheets, working papers, ledgers, receipts, and all other financial and accounting records underlying the franchisee's submission, the calculations used in the submission, and the franchisee's finances and accounts necessary to verify the accuracy of the submission; (4) require the franchisee to allow the town and its agents to audit and review the franchisee's books and accounts including but not limited to the information described in subsection (3) above; and (5) obtain relevant information from other sources. Confidential Business Information. If the franchisee believes that any of the additional information ordered produced is confidential business information in need of protection from disclosure, the franchisee must request confidentially and make a showinff, by a predominance of evidence, that non-disclosure is consistent with provisions of the Federal Freedom of Information Act, 5 U.S.C. section 552 and the Virginia Freedom of Information Act. If the Town denies the request for confidentiality, the operator must appeal to the FCC within five (5) working days. In such cases, the operator shall provide the requested material~ but release of the information to the public will be stayed pending review. (e) Determination of rates. Final rate determinations will be made by the Town Council pursuant to FCC regulations. In making a final rate determination, the Town Council may take into consideration and rely in whole or in part upon the recommendations of the town manager and Cable Television Advisory Commission, and public comments received pursuant to Sec. 5.1-62(b)(1). The Town may hire consultants to perform studies to assist in its review. The Town reserves the right to prescribe a reasonable rate for the basic service tier or associated equipment if it is determined that a proposed rate is unreasonable. (2) The Town Council shall issue a written decision whenever it disapproves an initial rate in whole or in part, disapproves a request for a rate increase in whole or in part, or approves a request for an increase in whole or in part over the objections of interested parties. The Town is not required to issue a written decision that approves an unopposed existing or proposed rate. ~.~ Refunds to subscribers. The Town may order a franchisee to refund to subscribers that portion of previously paid rates determined to be in excess of the prescribed reasonable rate as provided for under the Cable Act of 1992. In the event the Town orders refunds to subscribers, the refunds shall include interest computed at applicable rates published by the Internal Revenue Service for its tax refunds and additional tax payments. Notice and opportunity to comment will be provided pursuant to FCC regulations. Fines. The Town reserves the right to impose fines or other appropriate sanctions on a franchisee that does not comply with any lawful order of the town issued pursuant to these regulations. Further Regulations. Nothing herein shall be construed to limit the right of the Town of Leesburg to modify, amend, or add to these regulations in order to comply with applicable law or to protect the interests of franchisees or subscribers. Sec. 5.1-63. Complaints. (a) Complaints by any subscriber may be filed with the franchisee in writing or delivered to the franchisee orally in person or by telephone. The Town will assist subscribers with filing complaints regarding cable proexamming service rates with the FCC. 170 (b) Any complaints received from subscribers shall be investigated by the franchisee and acted upon as soon as possible, w:'!?.'-' ........ ~ of but in no event later than the next business day. (c) The franchisee shall keep a maintenance service log that will indicate the nature of each complaint, the name of the employee of the franchisee receiving the complaint, the date and time it was received, the disposition of the complaint and time and date thereof. The log shah also indicate specific steps taken by the franchisee to remedy the complaint. The log shall be made available for inspection upon request by the town manager. (d) Notwithstanding the above, the franchisee shall advise the town manager in writing on a quarterly basis of aL unresolved complaints. The nature and number of unresolved complaints shah be considered by the town council during any subsequent renegotiations for extension of any cable television system franchise. Sec. $1-64. Reserved. SECTION III. Chapter 5.1, Article XIV, of the Town Code is hereby amended as follows: ARTICLE XIV. ADMINISTRATION Sec. S.1-69. Town manager-Generally. The day-to-day regulation, enforcement and administration of any franchise granted under this chapter shah be the responsibility of the town manager. Sec. $.1-70. Same-Functions. The town manager's authority and responsibilities with respect to a franchise granted pursuant to this chapter shah include the following: (a) To assist in the preparation of the invitation to bid for cable television system franchises, establish criteria for review and ranking of franchise application, review and screen applications for franchises and make selection recommendations to the council. Co) To monitor and enforce aL aspects of the franchisee's performance in meeting all terms, provisions, requirements and construction schedules established in this chapter. (c) To advise and make recommendations to the council on matters which may constitute grounds for revocation of a franchise in accordance with this chapter. (d) To monitor and investigate where appropriate complaints against the franchisee by any person. (e) To conduct investigations and reviews of cable television rates, to consider input from the Cable Television Advisory Commission and to hire consultants if needed in order to make recommendations to the Town Council regarding rate determinations. SECTION IV. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shah not be affected by such invalidity. SECTION V. This ordinance shah take effect upon its passage. DISCUSSION Mr. Webb commented that if the town didn't have some type of regulation it would have no control over cable charges. Mayor Clem thought it was important for the citizens of Leesburg to have a voice regarding the type of programming they want and the services they expect. Ms. Umstattd expressed concern that initially the Cable Commission recommended that the town piggy-back on the county and her opinion is that would be cheaper than the town taking on full regulatory authority itself. Her other concern is that the federal government already imposes a low ceiling on the amount that rates can be increased and therefore she thought much of the taxpayers money was being invested into a redundant service that she didn't believe was justified. Ms. Bange understood that at this point there is no cost to the town. Mr. Webb replied there would be a cost to the town, but the town will be getting about $100,000 per year. Mr. Brown stated that only 20% has been budgeted for the potential need for a consultant. 4/26/94co -14- 171 CZ} Ms. Bante asked if any funds needed would come out of funds the town is already receiving as part of this franchise. Mr. Brown responded yes. Mr. Atwell stated that the Town is collecting a franchise fee which comes from the users of television service, and it is a disservice to the people if we take the $100,000 as a franchise fee and use it to balance a budget while leaving the regulation up to someone else. Mr. Trocino stated he was voting on the structure of the ordinance itself. VOTE Nay: Absent: MOTION Councilmembers Atwell, Bange, Trocino, Webb, and Mayor Clem Councilmember Umstattd Councilmember Blake On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and adopted. 94-83-A - A RESOLUTION: AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE WHEREAS, the town manager's office reviews the town's pay and classification plan for appropriate revisions; and WHEREAS, the adopted fiscal year 1995 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, 1994 are amended as follows: Number of Full-Time Equivalent Positions Available LEGISLATIVE DEPARTMENT Clerk of Council 1 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 Accounting Clerk III Accounting Clerk I Systems Technician Finance Technician Clerk Typist 3 1 1 1 POLICE DEPARTMENT Chiefof Police Captain Lieutenant Sergeant 4/26/94co-15- 172 Corporal Police Officer 1st Class Police Officer Administrative Secretary Secretary Parking Control Officer Data Entry Clerk ENGINEERING AND PUBLIC WORKS ADMINISTRATION Director of Engineering and Public Works Engineer II - Transportation Administrative Secretary ENGINEERING AND INSPECTIONS Chief of Plan Review Chief of Operations/Inspections Engineer II Contracts Administrator Senior Inspector Facility Inspector STREET MAINTENANCE Superintendent Asst. Superintendent Maintenance Worker II Maintenance Worker I Data Entry Clerk PFF Laborer EQUIPMENT MAINTENANCE Superintendent Heavy Equipment Operator Mechanic II Mechanic I Laborer PARKING METER AND LOTS Parking Attendant (part-time) 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 Recreation Coordinator Recreation Supervisor Parks Coordinator Center Supervisor Aquatics Supervisor Desk Clerk (2 part-time) Recreation Attendant (part-time) Lifeguard (part-time) Building Supervisor (part-time) 1 2 6 6 .5 5 1.5 1 1 1 1 1 1 1 2 3 2.3 8.4 .5 173 Weight Room Attd. Groundskeeper Clerk Typist LIBRARY Library Coordinator Library Aide .7 .7 1 1 .5 UTILITIES ADMINISTRATION Director of Utilities Asst. Director of Utilities Senior Utility Plant Mechanic Administrative Secretary Asst. Utility Plant Mechanic Capital Projects Representative Laborer WATER POLLUTION CONTROL Superintendent Asst. Superintendent Senior Operator Process Coordinator Laboratory Coordinator Operator II Operator III Equipment Operator Operator IV Laborer UTILITIES LINES Superintendent Asst. Superintendent Maintenance Asst. Superintendent Construction Maintenance Worker II Maintenance Worker I Meter Technician Laborer WATER SUPPLY Superintendent Senior Operator Operator I Operator II Operator IV AIRPORT Airport Supervisor Airport Office Manager Airport Operations/Customer Services Specialist (part-time) 2 1 .5 TOTAL PERSONNEL AUTHORIZED Full-time Equivalent 177.6 (part-time positions inclusive in total above) 15.6 DISCUSSION Ms. Umstattd commented that she would vote no on this item for reasons stated earlier. VOTE 4/26/94co -17- 174 Aye: Councilmembers Atwell, Bange, Trocino, Webb, and Mayor Clem Nay: Councilmember Umstattd Absent: Councilmember Blake 11.(h).(i).(i).(k).(I).fm) MOTION On motion of Ms. Bange, seconded by Mr. Trocino, the following resolutions were proposed as consent and adopted. 94-84 - A RESOLUTION: SUPPORTING THE APPLICATION BY EVANS RIDGE LIMITED PARTNERSHIP TO THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR AFFORDABLE HOUSING TAX CREDITS ANDOR FUNDING FROM THE VIRGINIA HOUSING PARTNERSHIP WHEREAS, Evans Ridge Limited Partnership is proposing to construct 150 two and three bedroom apartments, a clubhouse, outdoor recreation and ancillary facilities on approximately ten (10) acres located on the south side of Fort Evans Road Extended, east of the Route 15 bypass; and WHEREAS, This property was rezoned for this type of use on July 14, 1992 with the approval of ZM- 132, Leesburg Associates, from R-1 to R-16 zoning with proffers; and WHEREAS, 40 units will be affordable to residents at or below 50% of median income with the remaining 110 units affordable to residents at or below 60% of the area median income; and WHEREAS, this application by Evans Ridge Limited Partnership for affordable housing tax credits was made on March 31, 1994 to the commonwealth, which requires that comments from the municipality be provided by May 6, 1994; and WHEREAS, the Town Council previously supported a similar tax credit application for the adjacent Governors Square site in 1991; and WHEREAS, the Planning and Zoning Committee of the Town Council recommended on April 19, 1994 that a resolution of support be prepared regarding this application; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The March 31, 1994 application by Evans Ridge Limited Partnership to the Virginia Department of Housing and Community Development for Low Income Housing Tax Credits and/or funding from the Virginia Housing Partnership is hereby supported by the Town of Leesburg as this development is designed to help meet the housing needs of Iow to moderate income citizens in our community. 94-85 - A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT STONEGATE PHASE 1, SECTION 1 WHEREAS, Trafalgar House, the developer of Stonegate Phase 1, Section 1, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Home Assurance Company in the amount of $264,400.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $66,100.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 94-86 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SUBDIVISION 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 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 4/26/94co -18- 175 WHERFa~, a letter of credit in the amount of $303,050.60 from NationsBank was provided by the developer to guarantee the installation of 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 amount of $303,050.60 is approved to guarantee the installation of public improvements in Exeter Section 3. SECTION II. A time extension to April 29, 1995 for completion of the public improvements is approved. 94-87 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR CZ> PUBLIC IMPROVEMENTS INSTALLED IN KINCAID FOREST PHASE 1, SECTION 9A WHE~, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Kincaid Forest Phase 1, Section 9A and certified that the value of work performed is $107,302.17; and WHEREAS, a corporate surety bond from American Motorist Insurance Company has been provided by the developer in the current amount of $172,372.99 has been provided by the developer and approved by the Council to guarantee installation of public improvements in Kincaid Forest Phase 1, Section 9A. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bonds from American Motorist Insurance Company in the amount of $172,372.99 is reduced to $65,070.82. SECTION II. 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 Kincaid Forest Phase 1, Section 9A. 94-88 - A RESOLUTION: STATING OPPOSITION TO THE PROPOSED AIRCRAFT PERSONAL PROPERTY TAX RATE INCREASE BY THE COUNTY OF LOUDOUN WHEREAS, the personal property tax rate on aircraft was reduced substantially by both the County of Loudoun and the Town of Leesburg in 1983, to promote economic development and the growth of both Dulles International Airport and its designated reliever facility, Leesburg Municipal Airport; and WHEREAS, both Dulles International Airport and Leesburg Municipal Airport have benefited from the reduced rate on aircraft personal property tax during the past decade; and WHEREAS, the County of Loudoun has proposed an increase in the aircraft personal property tax rate from $ .01 to $ .05 for fiscal year 1995; and WHEREAS, the County of Loudoun will conduct a public hearing on the proposed tax rate increase on May 4, 1994; and WHEREAS, the proposed rate increase affects both aircraft based at Dulles InternationalAirport as well as Leesburg Municipal Airport; and WHEREAS, the owners of aircraft based at the Leesburg Municipal Airport pay to the Town of Leesburg an established annual user fee in lieu of increased personal property taxes; and WHEREAS, the Leesburg Economic Development Commission and the Leesburg Airport Commission have stated their opposition to the proposed, unjustified, county tax rate increase; and WHEREAS, the Federal Aviation Administration has designated the Leesburg Municipal Airport as a General Aviation Reliever Airport with the purpose of accommodating non*commercial aircraft business to compliment the services provided at Dulles International Airport; and WHEREAS, the long-term vitality of the Leesburg Municipal Airport depends on the continued ability to attract corporate aircraft to base at Leesburg; and WHEREJiS, Leesburg Municipal Airport is already at a present competitive economic disadvantage to nearby Frederick Municipal Airport, as there is no aircraft personal property tax levied in the State of Maryland; and WHEREAS, the Leesburg Municipal Airport contributes an estimated $ 42 million in total economic impacts to the county annually; however, the County of Loudoun does not financially support the Leesburg 4126/94co -19- 176 Municipal Airport from which it benefits: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The proposed Loudoun County increase in the aircraft personal property tax rate from $ .01 to $ .05 is hereby opposed by the Town of Leesburg due to its potential negative economic impact on the Leesburg MunicipalAirport. Such a tax rate increase may be justified only if the County of Loudoun is willing to establish financial support for or is proposing to increase the levels of service provided to the Leesburg Municipal Airport. SECTION II. The Town of Leesburg, with this resolution, hereby requests that the County of Loudoun work with the town to develop county-wide and/or regional financial support and marketing for the Leesburg Municipal Airport, a designated General Aviation Reliever Airport for Dulles International Airport. 94-89 - A RESOLUTION: AUTHORIZING A NEW AGREEMENT WITH THE VIRGINIA DEPARTMENT OF HEALTH CONTINUING THE APPROVED LOCAL REVIEW PROGRAM FOR WATERLINE EXTENSIONS WHEREAS, the Town Council adopted Resolution #91-57 on March 7, 1991, which authorized an agreement with the Virginia Department of Health (VDH) for a Local Review Program for certain water and sewer line extensions. WHEREAS, the VDH approved such a Local Review Program for Waterline Extensions in the Town of Leesburg on April 11, 1991; and WHEREAS, a requirement for approval of the Local Review Program is execution of a Memorandum of Understanding by the Town of Leesburg and the Virginia Department of Health; and WHEREAS, recent amendments to the Virginia Waterworks Regulations require the town to now obtain a General Permit for Watermains, and require the town to designate, as approving authority under the Local Review Program, a professional engineer licensed to practice in the Commonwealth of Virginia; and WHEREAS, these requirements necessitate a new Memorandum of Understanding between the Virginia Department of Health and the Town of Leesburg; and WHEREAS, the Local Standards and Review Program does not add any additional items to plan submission requirements, eliminates duplication of effort by the development community, and also represents an important part of the Town of Leesburg's continuing efforts to shorten the review time for land development applications. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to execute, with the Virginia Department of Health, on behalf of the town the revised"Memorandum of Understanding", in a form approved by the Town Attorney, to continue the Local Standards and Review Program for Waterline Extensions in the Town of Leesburg. SECTION II. Severability. If any portion of this program is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the program as a whole or any provision of the Leesburg Subdivision and Land Development Regulations. VOTE Aye: Nay: Abstain: Absent: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Trocino (items I & K) Councilmember Blake ll.(n) MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted. 94-90 - A RESOLUTION: ESTABLISHING THE MIDDLE TUSCARORA CREEK SEWER PROJECT IN THE CURRENT FIVE-YEAR CIP AND AMENDING THE FY 94 AND FY 95 BUDGETS AND FY 95-99 CIP WHEREAS, the 1993 Amendment to the Sewer System Master Plan deleted the East Leesburg Sewer System Project (scheduled for construction in FY 95) through creation of the Cattail Branch Sewer Project; 4/26/94co -20- 177 CZ> and WHEREAS, the East Leesburg Sewer Project included a gravity sanitary sewer outfall through the Middle Tuscarora Creek watershed, necessary for development within this watershed; and WHEREAS, the Middle Tuscarora Creek Sewer is included in the FY 95-99 Capital Improvement Program (CIP) for construction in FY 96; and WHEREAS, Balfour Holdings, Inc., the contract owner of the Governor's Square property, located in the Middle Tuscarora Creek watershed, has requested town funding of construction for the Middle Tuscarora Sewer in FY 95, in consideration of their payment of appropriate pro-rata fees prior to construction of the project; and WHEREAS, this request requires amendment of the current CIP and budget for appropriation of design funds and amendment of the FY 95 Budget and CIP for construction funding; THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The FY 94-98 Capital Improvement Program is hereby amended to establish the Middle Tuscarora Creek Sewer project for design in FY 94 and construction in FY 95 at an estimated cost of $15,000 and $810,000, respectively. SECTION II. The FY 94 Utility Fund budget is hereby amended to include an appropriation in the amount of $15,000.00 from the unappropriated Utility Fund balance to account #306.3140.700.741, Middle Tuscarora Sewer project. SECTION IlL The FY 95-99 Capital Improvement Program is hereby amended to include the Middle Tuscarora Sewer project for construction in FY 95 at an estimated cost of $810,000.00. SECTION IV. The FY 95 Utility Fund budget is hereby amended to include an appropriation in the amount of $810,000.00 to account 306.3140.700.741 for construction of the Middle Tuscarora Sewer project. SECTION V. Construction of this project in FY 95 is conditioned on the prepayment of pro-rata fees by Balfour Holdings, Inc., contract owner of the Governor's Square property. The pro-rata fees to be prepaid by Balfour Holdings, Inc., are estimated at $315.00 per townhouse unit, for a total cost of $116,550.00, based on construction of 370 townhouse units. These fees are to be paid to the Town of Leesburg prior to award of the construction contract and are subject to change depending on the construction contract cost. DISCUSSION Ms. Umstattd stated she would vote against this item. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Trocino, Webb, and Mayor Clem Councilmember Umstattd Councilmember Blake NEW BUSINESS MOTION On motion of Mr. Atwell, seconded by Mr. Trocino, the following ordinance was proposed and adopted. 94-0-13 - AN ORDINANCE: APPROVING A VACATION OF AN ALLEY IN THE FAIRVIEW SUBDIVISION. BETWEEN FAIRVIEW STREET AND PERSHING AVENUE, NORTHWEST WHEREAS, Richard L. Knight, Leona R. Rhodes, Mr. and Mrs. Leonard McDonald and Mr. and Mrs. H. David Saunders have requested that the Town vacate an existing alley in the Fairview Subdivision which was recorded in the Loudoun County Clerk's Office in 1922; and WHEREAS, the applicants desire to incorporate a quarter of the alley right-of-way to each of their lots, respectively; and WHEREAS, the land has not functioned as an alley for 70 years; and WHEREAS, a Town water line currently exists within the alley right-of-way; and WHEREAS, the subdivision was located outside the Corporate limits, but was later annexed; and 4/26/94co -21- 178 WHEREAS, the applicants are fee simple owners of the lots which abut the said alley for its entire length; and WHEREAS, pursuant to Section 15.1-482 of the 1950 Code of Virginia, as amended, Section 13, the Council is authorized to vacate the plat or part thereof on application of any individual person; and WHEREAS, the Council finds that the applicants are interested parties and are entitled to seek vacation of the alley; and WHEREAS, after the publication of the notice of the hearing on the application the Town Council held a public hearing on May 25, 1993; and WHEREAS no one appeared at the hearing in opposition to the petition; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The said alley and division line between the applicant's lots and alley are hereby vacated subject to the following conditions: The applicants execute deed of easement in the form outlined in the Design and Construction Standards Manual and approved by the Town Attorney conveying an easement for the present town installed water line in said alley with the right to encroach on Lots 1, 13A, 24 and 30 when repairing and maintaining the water llne SECTION II. The Clerk of the Council shay record a certified copy of this ordinance in the Clerk's office after thirty (30) days has lapsed since the adoption of the ordinance and no appeal has been taken· The Director of Finance shah be given notification of the recordation. SECTION IlL The charge for publication of the notice and recordation of this ordinance and deeds of easement shah be paid by the applicants. SECTION IV. This ordinance shall be in effect upon its passage. VOTE Aye: Nay: Absent: Councilmembers AtweH, Bange, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Blake MOTION On motion of, and duly seconded, the meeting was adjourned at 9:55 p.m. Clerk of Council · Clem, Mayor 4f26/94co -22-