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HomeMy Public PortalAbout1995_05_09TOWN COUNCIL MEETING MINUTES OF MAY 9, 1995 A regular meeting of the Leesburg Town Councilwas held on May 9, 1995, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor. INVOCATION was given by Councilmember Emswiller SALUTE TO THE FLAG was led by Officer Doug Taylor ROLL CALL Councilmembers present George F. Atwell Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas Mason Director of Planning, Zoning and Development Michael Tompkins Zoning Administrator Scott Johnson Town Attorney George Martin Town Clerk Barbara Markland APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the regular meeting minutes of April 11, 1995 and April 25, 1995, and the special meeting minutes of April 26, 1995 and May 2, 1995, were approved as written. VOTE Aye: Nay: Abstain: Councilmembers Atweik Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Umstattd (special meeting minutes of April 26, 1995) MOTION On motion of Ms. Umstattck seconded by Mr. Buttery, the following proclamation was proposed and unanimously adopted. A PROCLAMATION NATIONAL CANCER SURVIVORS DAY JUNE 4, 1995 WHEREAS, Americans across the country will be participating in an annual event celebrating National Cancer Survivors Day on Sunday, June 4, 1995; and WHEREAS, June 4, 1995 is designatedto acknowledge the more than 8 million cancer survivors living in the United States, as well as the positive advances which have been made in methods of early detection, cancer treatment and research; and WHEREAS, as a result of the positive advances which have been made in early detection, cancer treatment, and research, m ore and more Americans are surviving and living rich, productive, and healthy lives; and WHEREAS, Loudoun Cancer Care Center is recootmi~ing this important day with a reception to honor our cancer survivors and life on June 3, 1995, from 11:30 a.m. to 2:00 p.m., at the Center: THEREFORE, BE IT RESOLVED, that the Mayor and Town Council of the Town of Leesburg do hereby proclaim June 4 as National Cancer Survivors Day in Leesburg, Virginia and encourage the opportunity for all citizens to unite with a common voice which will both affirm life and highlight the issues of survivorship in the 90's. VOTE Aye: Nay: Councilmembers AtwelL Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None PETITIONERS Leesburg Police Sergeant Dou~ Hickman addressed the Town Council regarding morale concerns in the Leesburg Police Department, and stressed the need for additional officers. He discussed rumors regarding the recruitment of a Police Chief and asked that all applicants be given a fair opportunity. Leesburg Police Officer Doug Taylor asked the Council to reconsider promotions of officers that were approved one year ago. He also requested the hiring of two additional officers to be funded by a federal grant. J.B. Anderson, representing the Loudoun House Coalition, reiterated a letter recently presented to the Town Council at a budget workshop regarding the possible elimination of two police officer positions from the proposed budget. He stated the Coalition has committed to supporting the efforts of the Drug Task Force grant. Mr. Anderson urged the need for approval of the COPS Fast Grant. He further discussed the importance of morale and incentives in order to retain experienced police officers. Hubbard Turner, a resident of Bradfield Drive, commented he was not aware of the problems in the Leesburg Police Department, but hoped the Council would take care of them. Mr. Turner discussed his recent water/sewer bill. He was disturbed to find out the town is estimating usage, but not noting such on consumer's bills. He requested an adjustment to his account of 23,000 gallons and suggested that policies and procedures be revised. Joan Rokus requested the town's assistance publicizing the new Loudoun County license plate. Paul Kringal, a resident of 207 Catoctin Circle, N.E., addressed the Town Council regarding the Leesburg Thouroughfare Plan. He expressed concerns with increased traffic without commitment to safety measures. He asked that a study be conducted to see what safety measures should be taken before making any commitment. Mayor Clem made the following comments regarding the Police Department. ~he Council has no authority over the Police Department. We do not fill positions that occur. That is at the Town Manager's level.' Mayor Clem: ~l~e Council never approved any promotions. I know the word was that we did. But we did not. We approved monies to bring the salaries of our Police Officers in compliance with other jurisdictions recognizing that Prince William and others were hiring at a rapid pace, and we did not want to lose any personnel. Our last study has shown that we are real close with all the neighboring jurisdictions. That was the legislation that was voted on and passed. Mayor Clem asked how many applications for the Chief's position have been received? Mr. Brown responded about 70 applications have been received. Mayor Clem 'The 70 applications will be narrowed down to a manageable number, probably 10. Then there will be another layer of work by a panel and the Town Manager. In the end, the Council will be a part of the interview process of the final three candidates. Ultimately, Mr. Brown makes the appointment. The Council does not. I too have heard these rumors. They are fast and furious. Letters are coming in fast and furious lobbying for support of people that I personally do not know. These letters will be passed on to Mr. Brown.' Mayor Clem thanked both of the Police Officers for speaking tonight. During his tenure on Council, this is the first time that we have had officers come and talk to the Council 'It is refreshing to see and hear their opinions. The Council would entertain this from any employee in the town. This is something that I have pushed for - the freedom of speech for employees to talk to Councilmemberswithout the fear of reprise. This has not happened under Mr. Brown's administration and knowing Mr. Brown, it won't happen.' Mayor Clem: ~he Council conducted a study by an Ad Hoc committee four years ago. That committee came back with a lot of the information that Mr. Anderson read to ns tonight. What the study did was help this Council at budget time to fill the needs of the Police Department, with the exception of a couple of Police Officer positions. At that time we were deep in recession, and the money was not there. Presently the Police Department is in the budget process, which will take place tomorrow night. It is important that you all look at the structure of the Police Department, where I have a concern. There is one supervisor for every two patrolmen. That is not a healthy ratio - one to two. I personally believe that there needs to be a third level - - a master patrolman. A position prior to Corporal We want to keep out people. We want to have a career ladder. Rewarding someone just by giving them a promotion is not the way you do business. Salary CO 5/9/95 -2- adjustments are in order, but stripes are not always the answer. It is very important to know that this Council has not done anything to stop any promotions or filling of vacant slots. If there is a Sergeant slot open and it is not being f'flled, it is not the Council's fault. The position is there and it is funded." PUBLIC HEARING: To consider a Zoning Ordinance amendment - Duplex definition Scott Johnson provided the staff report. Bill Ostrander, representing the Hovmanian Company, commented that the product is well received by the Ms. Emswiller commended the applicant on the product variety. Ms. Umstattd asked if the market is good for this type of home? Mr. Ostrander responded yes, stating this is a preferable way of providing affordable housing. Mr. Buttery questioned if this would increase density of the area? Mr. Johnson replied it would not. Mr. Buttery asked what the side lot requirements are for lots adjacent to the street? Mr. Johnson answered the side yards are 10 feet wide. John Kimz, a resident of Exeter Hills, N.E., spoke in support of the ordinance change. The public hearing was closed. COUNCILMEMBER COMMENTS Ms. Emswiller appreciated citizen comments this evening. She promised the Council would try to do better to keep citizens informed. Mr. Atwell reported the Library Commission met last night. He stated the Genealogy Seminar was held recently in Leesburg with 75 people in attendance on Friday. He added many of the 75 were from out of town. Mr. Atwell announced that on June 12, 1995 a seminar is scheduled for Virginia Architecture of the 18th and 19th centuries including a tour through the Town of Leesburg's historic district. He considered it important to note the University of Virginia School of Architecture recognizes that people can visit Leesburg to view architecture from the past 2 centuries. Mr. Trocino recently attended the Loyalty Day festivities at the VFW along with Ms. Umstattd, Ms. Rokns and Mayor Clem. He announced Virginia First Lady Susan Allen will be in Leesburg on May 10. Mr. Trocino stated while he was happy the Police Officers attended the meeting tonight, he was unhappy to hear the comments that were made. He recommended a staff meeting be scheduled with the Council and Police Department to discuss the issues brought up tonight. Ms. Umstattd echoed Mr. Trocino's comments regarding the VFW ceremonies. Mr. Buttery made no comment. Mr. Webb echoed comments made by Mr. Trocino, regarding the Police Department. MAYOR'S REPORT Mayor Clem stated this Town Council has always been very supportive of the Police Department. He was sorry to hear the rumors and added the Town Council has nothing to say about the hiring of the Police Chief. Mayor Clem announced the opening of the Dulles Greenway at the Stowers property on September 29, 1995. MANAGER'S REPORT Mr. Brown provided a summary of the Activity Report. LEGISLATION co 5/9/95 -3- 11.(a) MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and unanimously adopted. 95-0-11 - AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE SECTION 3E-5(2) R-6 SIDE YARD REQUIREMENTS FOR DUPLEX UNITS AND THE ARTICI.E 18 DEFINITION OF DUPLEX WHEREAS, on January 24, 1995, Council requestedthat the Planning Commission should investigate what changes are necessary to accommodate an alternative design for duplex dwelling units which do not share a wmmon party w~l; and WHEREAS, the Commission discussed this item at several work sessions, and held a public hearing on March 2, 1995; and WHEREAS, the Commission initially consider reducing the lot size requirements for a single family dwellings but determined this approach would have an negative impact to the R-6 District; and WHEREAS, after considering this approach, the Commission recommended that Council reinstate the former definition of a two family dwelling and eliminate the requirement for a common party wall between units; and WHEREAS, a change in the definition of two family dwelling units and a reduction in the separation distance between adjoining zoning lots to ten feet will accommodate this new dwelling type and was firmly endorsed by the surrounding neighbors; and WHEREAS, amending the ordinance is not contrary to the public interest and will not interfere with the light, air, convenience of access, public improvements, safety from fire, flood nor create any other dangers within the Town of Leesburg. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. (2) Section 3E-5(2) of the R-6 zoning regulations is hereby amended as follows: Side Yard ~ Single-family detached 10 feet lb) Two-family attached (duplex) 10 feet dwelling separation duplex zoning lots between SECTION II. The existing definition of Dwellin~ Two-Family Attached (Duplex) is hereby deleted in its entirety, and replace with the following definition: Dwelling, Two Family (i.e. duplex) means a dwelling designed for or used by two families living independent of one another located on a single zoning lot whether vertically or horizontally. SECTION III. All prior ordinances in conflict herewith are repealed. SECTION IV. 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 Town Code. SECTION V. This ordinance shall be in effect upon its passage. VOTE Nay: Councilmembers Atweil, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None 11.(b) MOTION co 5/9/95 -4- On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted as amended by Ms. Umstattd. 95-O-12 - AN ORDINANCE: AMENDING SECTION 17-95 OF THE TOWN CODE TO CHANGE THE DEFINITIONS OF SELLER AND RESTAURANT AND TO INCLUDE THE DEFINITION OF PURCHASER WHEREAS, Ordinance No. 860-30 adopted on June 25, 1986, established the meals tax in the Town of Leesburg; and WHEREAS, Ordinance No. 91-0-22 adopted on June 25, 1991, increased the meals tax rate from two percent to two and one-half percent; and WHE~, a public hearing was held before the Town Council on April 11, 1995, to hear public input regarding a proposed increase in meals tax from 2.5% to 4.0%; and THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: ARTICLE IV - MEALS TAX Section 17-95. Definitions. Restaurant. Any place or thing in the town from which or in which meals are sold, including but not limited to places of business known as bars, cafes, cafeterias, coffee shops, clubs, delicatessens, diners, dining rooms, eateries, grills, lunch counters, restaurants, snack bars, grocery stores, convenience stores, ~ · ~o,~h; ..... ,4 ,.,! ....... h ....... ,4; ..... h; ...... I,-.~.~,,~,4 "Restaurant" also means push carts or other mobile facilities from which meals are sold or furnished but do not include retail merchants whose non-food items account for at least 95% of total retail sales and whose food sales are pre-packaged snack items. Seller. Any person or entityI includinz but not limited to a restaurant or caterer who sells or offers for sale a meal, or any person or entity who is required to have a restaurant operator's permit issued by the Loudoun Coun _ty Department of Environmental Health. VOTE Nay: IL(e) Purchaser. Any person or entity who purchases a meal. This ordinance shall become effective upon its passage. Councilmembers Atwelk Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following ordinance was proposed and unanimously adopted as amended by Mr. Trocino. 95-O-13 - AN ORDINANCE: AMENDING CHAPTERS 15 AND 19 OF THE TOWN CODE TO INCREASE WATER AND SEWER FEES AND RATES WHEREAS, in November, 1994, the Town of Leesburg retained O'Brien & Gere Engineers, Inc. to perform a water and sewer rate study; and WHEREAS, their report was prepared and given to the Town Council on April 6, 1995; and WHEREAS, a public hearing was held on April 11, 1995, on the rate study report and the recommendations for new rates and rate structures as was contained in the rate study: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 15, Articles I and II of the Town Code is amended as follows: Section 15-12. Fee for sewer connection (1) The fee for a four-inch diameter connection with the town where the town provides aH materials, equipment and labor for installation of a sewer connection shall be $1,356. CO 5/9195 -5- Section 15-14. Availability charge for sewer service. (f) Sewer service availability fees for residential uses shah be as follows and shah increase by the rate of four and one-half percent per year for each year beginning July 1, 1996. Discharge facility Multi-family dwelling, town house or mobile home, per unit Fee $3,450.00 Single-family detached dwelling, or two-family attached (duplex), per unit $4,300.00 Sewer service availability fees for non-residential uses shall be $3,555.00 or more, depending on the estimated sewage flow and required treatment characteristics from the user as compared to the sewage flow and required treatment characteristics from the average single- family dwelling. Fees shall be calculated as follows: All non-industrial uses: $3,715.00 or $10.61 per gallon per day of the estimated sewage flow from the user, whichever is greater. All industrial uses: The greater of $3,715.00 or $10.61 per gallon per day of the estimated sewage flow from the user, plus an additional charge in proportion to the excess biochemical oxygen demand, suspended solids or other pollutant discharge of the user above the average pollutant discharge of residential users of the system. Section 15-$7. 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 shah be based on time and quarterly water meter readings taken to the nearest 1,000 gallons based upon the winter quarter metered water consumption. The rate shah be $3.21 per 1,000 gaHous. Section 15-$7.1. Fixed charge per quarter. When a connection has been made to both the town water and sewer system, the ~Lxed charge per quarter for use of the sewer system shah be based upon the size of the water meter used to serve the customer and said fixed charge per quarter shah be as follows: FLxed Charge Per Quarter Water Meter Size Amount 5/8" - 3/4" $4.00 Full 3/4" $10.50 1" $17.50 1 1/2" $35.00 2" $56.OO 3" $122.50 4" $210.00 6" $438.OO 8" $560.00 Section 15-$8. 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 shah be $59.00 per quarter. Section (1) 15-62. Deposit for new accounts. For residences and small commercial users, if the property is located within the municipal limits $65.00. The deposit WIll be refunded, without interest, after twelve consecutive billing periods during which no more than one past due notice has been received or when service has been discontinued, after deducting any charges due on final settlement of the customer's account. SECTION II. Chapter 19, Articles II and III of the Town Code is amended as follows: co 5/9/95 -6- Section 19-21. Connection fee (1) The fee for a three-quarter-inch diameter connection within the town where the town provides all materials, equipment and labor for installation of a water connection shall be $1,356. Section 19-23. Availability charges for water service. (0 Water system availability fees for residential uses shall be as follows and shall increase by the rate of four and one-half percent per year beginning July 1, 1996. Use Multi-family dwelling, town house or mobile home, per unit Fee $2,210.00 (g) Single-family detached dwelling or two-family attached (duplex), per unit $2,760.00 Water service availability fees for non-residential uses shall be $2,524.00 or more, depending on the estimated water flow to the user as compared to the water flow to the average single- family dwelling. Fees shall be calculated as follows: All other uses: $2,524.00 or $7.21 per gallon per day of the estimated water flow to the user, whichever is greater. In addition to the water system availability fee, for all residential single-family detached dwellings a $400.00 lawn establishment fee shall be paid prior to the issuance of a zoning permit, or where no zoning permit is required, before extension of water service to any new premise. The lawn establishment fee will be applied as a credit against the customer's water account for the use of establishing a lawn at the new premises. Section 19-43. Deposit for new accounts. (1) For residences and small commercial users, if the property is located within the municipal limits, $65.00. The deposit will be refunded, without interest after twelve consecutive billing periods during which no more than one past due notice has been received or when service has been discontinued, after deducting any charges due on final settlement of the customer's account. Section 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: $2.67 per 1,000 gallons. If metered water consumption during any quarter other than the designated winter quarter shall exceed the winter quarter water consumption by 35 percent then the rate shall be $3.63 per 1,000 gallons. Section 19-46. F'uted charge per quarter. Fixed Charge Per Quarter Water Meter Size Amount - 3/4'' $4.00 Full 3/4'' $10.50 1~ $17.50 1 1/2 $35.0o 2'' $56.oo 3'' $122.50 4" $210.00 6' $438.00 8~ $560.00 Section 19-47. Rate for water drawn at public meter. The charge for each purchase of water drawn at the public meter at the water treatment plant shall be $10.00 plus $3.75 per 1,000 gallons of all water drawn. CO 5/9/95 -7- SECTION III. This ordinance shall be in effect on July 1, 1995. DISCUSSION Mr. Atwell referred to the availability fees requesting they be left as is until the Town Council has an opportunity for further review. Ms. Umstattd echoed Mr. Atwell's concern. She stated this may limit the town's competitiveness in regards to commercial development. She recommended no increase for non-residential availability fees at this time until further study can been done. VOTE Aye: Councilmembers Atwell, Butte~, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolutions were proposed as consent, and unanimously adopted. 95-92 - A RESOLUTION: ALrI~ORIZING THE CLOSING OF NORTH KING STREET FROM NORTH OF THE KING AND MARKET INTERSECTION TO NORTH STREET FOR THE ROAD TO ANTIETAM WHEREAS, Town Council previously authorized the closing of Market and King Streets for ~Fhe Road to Antietam' on May 13 and 14, 1995; and WHEREAS, due to negative impact on downtown restaurants on May 14, Mother's Day, the Loudoun Museum has agreed to conduct the event on North King Street from north of the King and Market intersection to North Street. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Resolution 95-11 is hereby rescinded. SECTION II. Authorization is hereby granted to close North King Street from north of the King and Market intersection to North Street from 9:00 P.M. Friday, May 12, until 9:00 P.M. Sunday, May 14, 1995. SECTION III. Authorization is hereby granted to make the Cornwall Street block from King to Wirt Street and from King to Church Street two-way for the duration of the event. 95-93 - A RESOLUTION: AUTHORIZING A CONTRACT WITH THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE RECEIPT AND PASS- THROUGH OF FUNDS FOR THE NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION FOR DEVELOPMENT OF A REGIONAL DEVELOPMENT PLAN WHEREAS, the Virginia Department of Housing and Community Development will administer a planning program including a statewide plan with substate component plans addressing economic and community development needs in non-entitlement areas of the state, the latter plans to be developed by the Commonwealth's Planning District Commissions with no cost or matching share for local governments; and WHEREAS, the Virginia Department of Housing and Community Development is required to contract the funds for the development of the substate plans to Virginia counties and municipalities, not directly to the Planning District Commissions, to develop the regional plans under federal regulation; and WHEREAS, the Virginia Department of Housing and Community Development has made known its desire that the subject funds and work effort be subcontracted to the Planning District Commissions from the recipient local government so as to create a pass-through arrangement: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized and directed to submit a grant application prepared by the Northern Virginia Planning District Commission applying for funds from the Virginia Department of Housing and Community Development for the Planning District Commission's development of a Regional Development Plan. SECTION II. The town manager is hereby authorized and directed to execute the required co 5/9/95 -8- agreements and/or contracts with both the Virginia Department of Housing and Community Development and the Northern Virginia Planning District Commission for the Planning District Commission's development of a Regional Development Plan in a pass-through arrangement whereby funds and work responsibility would be passed from the Department of Housing and Community Development to the Town Council for the Town of Leesburg to the Northern Virginia Planning District Commission, with the Planning District Commissions assuring that it shall carry out the project and funds administration in compliance with all applicable state and federal regulations and laws. 95-94 - A RESOLUTION: APPROPRIATING $30,000 TO FUND THE CONTRACT FOR PLAN REVIEW WITH WILLIAM H. GORDON FOR THE REMAINDER OF FY 95 WHEREAS, Resolution No. 94-270 awarded a contract for the review of engineering construction drawings to William H. Gordon Associates, Incorporated; and WHEREAS, the adopted resolution appropriated $60,000 to pay for the cost of the service; and WHEREAS, the plan review backlog has been eliminated and plans are being reviewed within 30 to 45 days; and WHEREAS, the original $60,000 appropriation has been expended; and WHEREAS, it has been estimated that $30,000 is needed to complete the fiscal year and maintain the current level of service: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation in the amount of $30,000 is hereby authorized from the unappropriated General Fund balance to the Engineering and Inspection Contractual Services Account #200.3401300.302. 95-95 - A RESOLUTION: AU'I~ORIZING A SPECIAL APPROPRIATION FROM THE UNAPPROPRIATED GENERAL FUND BALANCE TO THE AIRPORT FUND FOR ARCHITECTURAL AND ENGINEERING SERVICES WHEREAS, the Town of Leesburg is working with the Federal Aviation Administration to expand the Automated Flight Service Station building at the Leesburg Municipal Airport, to accommodate additional employees; and and WHEREAS, the Federal Aviation Administration has prepared the design plans for this expansion; WHEREAS, these expansion plans must be reviewed for structural, electrical and mechanical sufficiency, as the town is the owner of this building; and WHEREAS, BDA Architects of Vienna, Virginia has been selected and has begun reviewing the building expansion plans for the town; and WHEREAS, the estimated cost to complete this review equals $5,000; and WHEREAS, the town is also at a critical crossroads regarding the implementation of the adopted master plan and the full instrument landing system; and WHEREAS, no additional FAA funding is planned for future land acquisition within the next five years; and WHEREAS, an airspace study is required to determinewhether glideslope equipment may be installed in the near future within the parameters of the existing runway protection zone and minima; and WHEREAS, it is the consensus of the Airport Commission and the Town Council, which held a special meeting on April 13 to discuss airport master planning, to proceed with this airspace study at an estimated cost of $5,000; and WHEREAS, this technical aviation engineeringstudy will be performed by the town's airport engineer, Campbell & Paris Engineers of Chantilly, Virginia: THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows: An appropriation of $10,000 is hereby made from the unappropriated General Fund balance into the Airport Fund contractual services line item account for special architectural and engineering services at the Leesburg Municipal Airport. The Deputy Town Manager is hereby authorized to execute an agreement with BDA Architects to review the FAA-AFSS building expansion plans for a cost of $5,000, and an agreement with Campbell & Paris Engineers to prepare an airspace study on the desired giideslope equipment necessary for CO 5/9/95 -9- the full instrument landing system for a cost of $5,000. VOTE Aye: Nay: 11.(h) Councilmembers Atweil, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None This item was referred to the May 16, 1995 Planning and Zoning Committee meeting. 11.(i) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted as corrected by Mr. Atwell. 95-96 - A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO CHARGE FOR MISCELLANEOUS FEES AND CHANGES OF THE WATER AND SEWER SYSTEM WHEREAS, the water and sewer rate study performed by O'Brien & Gere Engineers, Inc. recommended the town charge for miscellaneous services provided to customers of its water and sewer system; and WHERF. a~, these miscellaneous charges are designed to recover the cost of specific services provided the customer by town personnel which are not recovered from the water and sewer user fees: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the town manager is authorized to recover the cost of miscellaneous water and sewer utility services from the following schedule of fees and charges: R~ommended Mis~llan~ous Fees and Charges Effective July 1, 1995 Sale of Manuals Sale of Plans Price assessed by Engineering Department $6.00 per sheet Septic Hauler Permit Individually assessed by Utilities Department Meter Change-out Actual time and material cost Meter Testing No charge for first request. Second request $40.00 if correct for 5/8~' to 1" no charge if meter is in error; actual cost (sent out) for larger meters: Temporary Fire Hydrant Connection See Rate Schedule Water Turn On, Turn Off Customer Requested Special Reading Sale of Documents Connection Abandonment Charge for Copies Dishonored Check Computer Models Clean-out Water used to test/chlorinate new mains $10.00 each $10.00 each $35.00 master plans Others $0.10/sheet Actual time and materials SO.lO/sheet $20.00 $175.00 each $600.00 or actual cost if complex Water usage from rate schedule CO 5/9/95 -10- VOTI~ ?,ye: Nay: Connection Fee - installed by town Connection Fee - installed by developer Sewer Permit Fee Construction Water Water/Sewer $1,356 Water/Sewer $230 $50.00 $10.00 4- $3.75 per 1,000 gallons Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem Councilmember Umstattd MOTION On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolution was proposed and unanimously adopted. 95-97 - A RESOLUTION: SETFING REAL PROPERTY AND PERSONAL PROPERTY TAX RATES FOR 1995 WHEREAS, the town manager has submitted a budget to the Leesburg Town Council for the fiscal year ending June 30, 1996, without the need for an increase in tax rates for real property and personal property for 1995 taxes; and WHEREAS, it is the Council's desire that the real property and personal property tax rates for 1995 remain unchanged: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The tax rate on all real property, vehicles used as mobile homes or offices and public service corporation real property shall be $0.205 per $100 of assessed valuation. SECTION II. The tax rate on all tangible personal property and public sen, ice corporation personal property shall be $1.00 per $100 of assessed valuation. SECTION III. The tax rate on aircraft and motor vehicles owned by individuals qualifying for tax relief shall be $0.001 per $100 of assessed valuation. ¥OTl~ Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None MOTION On motion of, and duly seconded, the meeting was adjourned at 9:30 p.m. J~nes E. Clem, Mayor Clerk of Council CO 519D5 -11-