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HomeMy Public PortalAbout1976_06_23 6 ;; 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