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;; MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 23, 1976.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun- Street, Leesburg, Virginia at 7 : 30
P.M. on June 23, 1976. The meeting was called to order by the Mayor,
with the invocation being offered by retiring Mayor Hill and retiring
Councilmen Orr and Chamblin, followed with the Salute to the Flag.
Present were: Councilmembers James H. Chamblin, Mary Anne Newman,
Robert A. Orr, James A. Rock and C. Terry Titus and Mayor G. Dewey
Hill ; also Town Manager John Niccolls, Assistant to the Manager
Jeffrey H. Minor and Town Attorney George M. Martin. Absent from
the meeting was Councilman Charles E. Bange.
The minutes of a regular meeting of June 9, 1976 were approved
with one correction, that being to change Dr. Orr' s vote to an ab-
stention on the resolution regarding nursing home locations .
Town Attorney George Martin presented a progress report on the
Town of Leesburg v. Transamerican Airports, Inc. suit. Motions will
be heard by the Court on July 6th, at which time a trial date will
be set. Meantime, Mr. Turner, attorney for Transamerican, reports
that they are very close to working out something on a transfer of
the lease. Mr. Niccolls said there is a firm that will be making
a proposal to purchase the remainder of the lease next week and
this will be transmitted to Council as soon as it is known.
Motion was made by Mrs. Newman to adopt a resolution approving
the Budget and making appropriations for the fiscal year .ending June
30, 1977 and providing policies for purchases. However, this reso-
lution died for lack of a second.
76-91 - Resolution - Amending the Personnel Manual.
On motion of Mrs . Newman, seconded by Mr. Rock, the following
resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia,: asi follows :
SECTION I. That Section III of the Town of Leesburg Per-
sonnel Manual is hereby amended as follows :
a. The "Recommended Pay Plan" shown on page 52 of the
Personnel Manual is amended to delete grades 1, 2 and 3 and
to increase the compensation rates in all steps by two per-
cent and shall be as shown in "Exhibit VII, Recommended Pay
Plan, " attached to this resolution and made a part hereof.
b. That the "Classification by Occupational Group"
(page 53) of the Personnel Manual shall be amended to show
employees ' grade numbers in accordance with ”Exhibit VI,
Staffing and Pay Plan, " attached to this resolution and
made a part hereof.
c. Paragraph 4 of Section III(page 51) shall be
amended to read 'The pay table has 17 numbered grades
. " in lieu of "The pay plantable has 21 numbered
grades . . . "
d. Paragraphs 1 and 2 of "Pay of Employees" (page
56) shall beamended to read as follows :
Positions in the town service are hereby assigned
to pay grades on the Recommended Pay Plan attached in ac-
cordance
with pay grade numbers assigned on Exhibit VI,
Staffing and Pay Plan. Employees ' compensation shall be
fixed as provided herein at amounts within the grade es-
tablished for the positions . Employees ' compensation, upon
recommendation of the appropriate department head, may be
increased to higher amounts within the assigned pay grades .
Such increases shall not exceed in any one calendar year
the amounts set out herein. New employees shall be eli-
gible for an increase of up to one pay step after the first
six months of service and an increase of up to one step
Li
MINUTES OF JUNE 23, 1976 MEETING.
after the first twelve months of service. Thereafter, em-
ployees shall be eligible for increases of up to one step
within their respective pay grades at intervals of one year.
No compensation change for service shall be made unless the
employee demonstrates proficiency and merits additional com-
pensation because of competence and willingness to perform
assigned duties .
In addition to the service increments provided above,
employees ' compensations, upon recommendation of the appro-
priate department director, may be increased up to one step
in any one year upon demonstrated exceptional merit, pro-
ficiency and performance.
e. That Sections I, II and III of the Personnel Manual
shall be amended to revise all reference to "Treasurer-Com-
missioner of Revenue" to read "Director of Finance".
f. That Section II of the Personnel Manual shall be
amended to delete all references to pay grades on the indi-
vidual position classifications therein.
SECTION II. That this resolution shall be in full force and
effect from and after July 1, 1976.
Aye: Councilmembers Chamblin, Newman, Orr, Rock, Titus and
Mayor Hill .
Nay: None.
76-92 - Resolution - Requiring .physical examination for hypertension
and heart disease�b all present and future em-
ployees of the Police Department.
On motion of Mr. Titus, secondedby Mr. Rock, the following reso-
lution was proposed:
WHEREAS, Sec. 15. 1-134 of the Code of Virginia has been re-
vised to provide death and disability benefits for members of
the Police Department caused by hypertension or heart disease
on the presumption that the death or disability has been suf-
fered in the line of duty unless the contrary can be shown;
and
WHEREAS , such presumption shall arise only if prior to mak-
ing claims members of the Department have been found free
from hypertension and heart disease by physical examination:
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of
Leesburg, Virginia as follows :
That all present and future employees of the Police Depart-
ment shall submit to a physical examination _to determine
the presence or absence of hypertension and heart disease,
in accordance with Sec-: 15. 1-134 of the Code of Virginia,
and the costs of such examinations shall be paid by the
town.
Dr. Orr explained to Council members the various tests that can be
conducted, with the recommendation that the least should consist of
an electrocardiogram, blood drawn for cholesterol and cardiac en-
zymes and a chemical profile, which checks for 14 different things.
These tests would cost approximately $50. 00 per man. No definite
method of examination was decided on. The resolution was then unani-
mously adopted, as shown:
Aye: Councilmembers Chamblin, Newman, Orr, Rock, Titus and
Mayor Hill.
Nay: None.
Dr. Orr suggested that it might be cheaper to take all the police
officers to Charlottesville for these tests .
rg
MINUTES OF JUNE 23, 1976 MEETING.
76-03 - Resolution - Authorizing the Director of Public Works to
approve the addition of a flare section on a
storm sewer pipe in Rock Springs Heights Sub-
division, Sec. II-C.
On motion of Mr. Titus, seconded by Mrs. Newman, the following
resolution was proposed and unanimously adopted, as shown:
WHEREAS, Alfred B. diZerega, III, has requested that the
proposed concrete end wall at the intake of the 48 x 76"
storm drain pipe in Rock Springs Heights, Section II-C,
be changed to a metal flare end section, and
WHEREAS, by using the metal flare end section with the ap-
propriate rip rap will not be detrimental to the project,
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia as follows :
That the Director of Public Works is hereby authorized
to approve the installation of a metal endwall with ap-
propriate rip rap, in accordance with Town Standards
and Specifications, at the inlet section of the 48 x 76" -
storm sewer pipe in Rock Springs Heights Subdivision,
Section II-C, such endwall shall not become part of the
permanent drainage system installed as part of public fa-
cilities required in additional development upstream
within the watershed.
Aye: Councilmembers Chamblin, Newman, Orr, Rock, Titus and
Mayor Hill.
Nay: None.
•
76-94 - Resolution - Authorizing publication of Proposed Policies
for the Leesburg Wastewater Facilities Plan-
ning Process for Public Hearing.
On motion of Mr. Titus, seconded by Mrs . Newman, the following
resolution was proposed:
BE IT RESOLVED by the Council of the Town of Leeburg, Virginia
as follows:
That the Proposed Policies for the Leesburg Wastewater Fa-
cilities Planning Process shall be published in the Loudoun
Times-Mirror on July 14, 1976 and July 21 , 1976 for Public
Hearing on Wednesday, July 28, 1976 after 7 : 30 P.M. in the
Council Chambers, 10 West Loudoun Street, Leesburg, .Virginia.
Mr. Rock voiced his objections to a public hearing on this matter
at this time. The resolution was adopted by a vote of 5 to 1, as
shown:
Aye: Councilmembers Chamblin, Newman, Orr, Titus and Mayor
Hill.
Nay: Councilman Rock.
76-95 - Resolution - Approving application for relocation of sewer
line for proposed C & P Telephone Company Build-
inn.
On motion of Mr. Titus, seconded by Mr. Chamblin, the following
resolution was proposed and unanimously adopted, as shown:
WHEREAS, the Town Council on June 9, 1976 approved the per-
formance bond for the proposed C & P building site on South
Catoctin Circle; and
WHEREAS, the site plan for construction of the proposed build-
ing shows the relocation of the sewer line to serve this build-
ing:
59
MINUTES OF JUNE 23, 1976 MEETING.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town
of Leesburg, Virginia as follows :
That the application for relocation of the sewer line to
serve the proposed C & P Telephone Company building is
hereby approved.
Aye: Councilmembers Chamblin, Newman, Orr, Rock, Titus
and Mayor Hill.
Nay: None.
76-96 - Resolution - Denying request for waiver of business license
for Multiple Listing Service.
On motion of Mr. Rock, seconded by Mrs . Newman, the following
resolution was proposed:
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows :
That a request by the Loudoun County Board of Realtors
for a waiver of business license for the Multiple Listing
Service is hereby denied.
Mr. Chamblin explained that the Multiple Listing Service operates as
emi� a coumiittee of the Loudoun County Board of Realtors and it is not a
non-profit organization. The resolution was adopted by a vote of 4
to 2 abstentions, as shown:
Aye: Councilmembers Newman, Orr, Rock and Mayor Hill.
Nay: None.
Abstentions : Councilmembers Chamblin and Titus.
76-97 - Resolution - Granting waiver of Sec. 17-63 of the Town Code
for The Greater Leesburg Jaycees for purpose of
selling and displaying fireworks.
On motion of Mr. Rock, seconded by Mr. Chamblin, the following
resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
That Sec. 17-63 of the Town Code pertaining to Itinerant
Vendors is hereby waived for the Greater Leesburg Jaycees
for the purpose of selling and displaying fireworks at the
Leesburg Plaza Shopping Center from Sunday, June 26, 1976
through Sunday, July 4, 1976, provided that permission is
obtained from the Fire Marshal in accordance with Sec. 7-350
of the Town Code of the Town of Leesburg.
Aye: Councilmembers Chamblin, Newman, Orr, Rock, Titus and
Mayor Hill .
Nay: None.
76-98 - Resolution - Grantingwaiver of Sec. 17-63 of the .Town Code
to Leesurg Volunteer Fire Company for carnival .
On motion of Mr. Rock, seconded by Dr. Orr, the following reso-
lution was proposed and unanimously adopted, as shown:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
Virginia, as follows :
That Sec. 17-63 of the Town Code pertaining to Itinerant
Vendors is hereby waived for the Leesburg Volunteer Fire
Company for the purpose of holding a carnival at Fireman' s
Field from July 5 through July 10, 1976.
Aye: Councilmembers Chamblin, Newman, Orr, Rock, Titus and
Mayor Hill.
Nay: None.
60
MINUTES OF JUNE 23, 1976 MEETING. •
76-99 - Resolution - "Approving Performance Bond for Foodmaker, Inc.
On motion of Mr. Chamblin, seconded by Mrs. Newman, the following
resolution was proposed:
WHEREAS, Foodmaker, Inc. has submitted a •Site Plan titled
Foodmaker, Inc. to the Leesburg Planning Commission for ap-
proval, and
WHEREAS , the Site Plan has received preliminary approval by
the Commission, and
WHEREAS, Foodmaker, Inc. has submitted a bond in 'the amount
of $13, 000. 00 to guarantee installation of certain required
improvements shown on the said Site Plan, and
WHEREAS, the bond, together with its accompanying forms,
has been approved by the Town Attorney.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of
Leesburg, Virginia as follows :
That the Performance Bond by Foodmaker, Inc. , as principal ,
and the Fireman' s Fund, as surety, in the amount of $13, 000
be and the same is hereby approved, and
BE IT FURTHER RESOLVED
That the Town Manager is hereby authorized to sign the Stand-
ard Agreement for Installation of Physical Improvements and
Facilities in Subdivisions .
There was some discussion concerning the erection of the "Jack-in-
the-Box" restaurant at this location. The resolution was then
unanimously adopted, as shown:
Aye: Councilmembers Chamblin, Newman, Orr, Rock, Titus and
Mayor Hill .
Nay: None.
76-100 -- Resolution - Authorizing microfilming of Minutes of Town
Council from 1858 to present by Virginia
State Library.
On motion of Mr. Rock, seconded by Mr. Chamblin, the following
resolution was proposed and unanimously adopted, as shown:
BE IT RESOLVED by the Council of the Town of Leesburg, Vir-
ginia as follows:
That the Virginia State Library is hereby authorized to
pick up and microfilm the minutes of the Council of the
Town of Leesburg for the period from 1858 to the present,
with the understanding that the Town will receive a• copy
of the film, in accordance with their letter of June 9,
1976.
Aye: Councilmembers Chamblin, Newman, Orr, Rock, Titus and
Mayor Hill .
Nay: None.
76-101 - Resolution - Authorizing Manager to reduce current accounts
receivable for uncollectible water/sewer accounts and
refuse collection.
On motion of Mr. Titus, seconded by Mr. Rock, the following
resolution was proposed and unanimously adopted, as shown:
WHEREAS, the Treasurer has prepared a list of uncollectible
water/sewer accounts receivable which are at least three years
old and of uncollectible refuse accounts which are almost one
year old:
CISLAI
et "Pig
MINUTES OF JUNE 23, 1976 MEETING. 61
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town
of Leesburg, Virginia as follows :
That the Manager is hereby authorized and directed to reduce
the current accounts receivable in the sums shown below for
the accounts listed in Exhibit "A" attached:
Utility Fund $2, 704. 36
General Fund (Refuse
Collection) 50. 50
Total $2, 754. 86
Aye: Councilmembers Chamblin, Newman, Orr, Rock, Titus and
Mayor Hill.
Nay: None.
On objection of Mr. Titus, ' a resolution concerning appropria-
tions for 1975-76 was not considered and was sent back to Workshop.
Town Manager Niccolls called attention to the note sent by him
:D to Council concerning the population projections being used in the
Wastewater Planning Process. He would appreciate questions and/or
CZ^� comments .
CMr. Niccolls presumed that Council intends to meet again before
the beginning of the new fiscal year, otherwise, the Town offices
would be operating without a budget and would be incurring routine
run-of-the-mill debts. He said he would not sign any payroll checks
or incur any debts until Council appropriates •funds for operations.
He was not sure what he would do about 'the employees. He suggested
that Council address itself to these matters tonight.
Councilman Chamblin expressed his appreciation for working with
this Council for the last nine months. Dr. Orr also stated his en-
' joyment in working with this and other Councils in the last 13 years.
Mayor Hill asked that Council consider a two-day holiday _ July
2nd and 5th - for employees of the Town. However, there was no action
taken on this request.
Mayor Hill expressed his regret that the Council has taken such
inappropriate action tonight in not adopting the Budget for the coming
fiscal year. Otherwise, the nine years he has s?rved both as a Coun-
cilman and as Mayor have been an education and he has enjoyed it.
He wished Mayor-elect Newman best wishes for her coming term. He con-
cluded with an appropriate poem.
A resolution concerning approval of a resubdivision of lots in
Country Club Subdivision, Section 2, was referred to Workshop on ob-
jection- of Mr. Titus.
On motion of Dr. Orr, seconded by Mr. Titus, the meeting was ad-
journed at 8 : 30 P.M.
' Clerk of th Counci