HomeMy Public PortalAbout1981_01_28 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND
PUBLIC• HEARING ON STREET NAME AND NUMBER SYSTEM, JANUARY 28 , 19811
A regular meeting of the Leesburg Town Council was held on
1 January 28, 1981 at 7 : 30 p.m. in the Council Chambers, 10 West
1 Loudoun Street, Leesburg, Virginia. The meeting was called to
order by the Mayor, with the invocation given by Mr. Tolbert and
followed with the Salute to the Flag led by Mr. Bos . Present were :
Mayor Kenneth B. Rollins, Councilmembers Charles A. Bos, Stanley D.
IHerrell , Jr. , G. Dewey Hill , Jr. , Marylou Hill, John W. Tolbert, Jr. .
and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Assist-
ant Manager Jeffrey H. Minor and Town Attorney George M. Martin.
PUBLIC HEARING ON STREET NAME AND. NUMBER SYSTEM:
Mayor Rollins said Council has had before it for some time
III a request by the Fire Department and the Rescue Squad to renumber
the houses in Leesburg in order to facilitate the all-important
response time to emergency situations . Changing personal addresses
can become quite a headache for many people. The Council has,
therefore, called a public hearing for the public to express their
opinions and ask questions .
Mr. Paul Nida, of South Catoctin Circle, said he has no prob-
lem with trying to increase the efficiency of emergency services,
O but he does question the approach being taken for the time being.
Cr He presented to Council a list of questions concerning such a
change. These included: What percentage of responses have been
a delayed, specifically because of the present method? What length
Q of delay was so encountered? How many of these delays were due
to street names or house numbers,' such as Belmont Drive, Belmont
Place, North and South Catoctin Circle, etc . ? There is no pat-
tern such as in the District of Columbia, where the streets are
alphabetized and numbered in order and in quadrants going from
the Capitol . Such a method might be worth considering. What will
be the cost of such a system to individuals, as well as businesses?
You are talking about changing your addresses, your check books ,
your charge cards , every place you do business and writing to
change all of these . What about the urban versus the rural area
problems such as County and State road numbers - is there any pat-
tern as to odd and even? What system is applied in the rural areas
as to post office box numbers to locate particular place? What is
the responsibility of the post office in naming or numbering loca-
tions? What is the expected time or service benefit if the changes
are made? What is the expected impact upon adjacent urban areas
such as Sterling Park? We are all part of the County - the same
emergency services go out into the County . What type of training
is given to those providing the emergency services, particularly as
to the odd-ball streets only a block or two long? What would be
the benefit of a new system? Mr. Nida' s recommendations were to
delay any change until after a final decision on the nine digit
ZIP code -- this will prevent a dual expense to owners; no change
to established locations ; it might be an advantage if new streets
and addresses have a proposed system; if a new system is required,
have a complete system such as in the District of Columbia.
I (Colonel Peter Packard, a resident of 108 Prince Street, said
he hopes his address will continue to be the same . He is basically
against-this change for two reasons : (1) strictly personal and ( 2)
economically. Prince Street is one that is only two blocks long -
it would probably be renumbered from 108 to 301-307 Prince Street,
N.E. Part of this is for standardization and part for increased
services . He has lived in many places, but there is no standardi-
zation, .land has lived on the east side of many streets with both
odd and even numbered houses. . The cost and inconvenienc2 ,toi.him
and anyone affected by this, along with delivery restrictions,
would result in the loss of valuable mail . The new ZIP code is
already going to cost us additional money. He figured it would
probably cost him a minimum of $300 to $500 by the time he was
through with notifying everyone, stationery, stamps, etc. Lees-
burg is an old town and most of us are proud to be here and of
the names of the streets . Existing streets should not be radi-
cally changed. Admittedly, where there are "courts" , "places" ,
etc., something should be done and certainly where there are dupli-
cate numbers . He understood that these changes would be phased in.
2 MINUTES OF JANUARY 28 , 1981 MEETING .
As to cost to the Town and to the taxpayer, the money could be
utilized in a much better fashion, in fact, not spend it at all;
it could be spent to better identify hydrants; to educate the
public on better emergency communication; to educate the fire and
rescue people on better rapport with those trying to report their
emergency requirements . We could develop a grid system or, if the
new ZIP code system comes in, he understood this would identify
the people within about a quarter of a mile.
Mr. J. B. Anderson, Deputy Fire Marshal for the County and
speaking for the fire and rescue services on behalf of Mr. Dube,
the Fire Marshal , said there are a number of problems existing
now that do need attention. This is not an isolated case - it is
a County-wide problem and program. A good deal of time has been
spent with Mr. Van Zee of the Planning and Zoning Commission for
the County - they are in the process of trying to make a coordi-
nated effort with all seven towns that have their own planning
and zoning commissions, as well as the County '. areas that are
governed by the planning commissions. of the towns . They have
come up with all the names of streets in Loudoun County. There
are some 30 odd duplicates . A three-step program is being con-
sidered now, to which two of the communities have already agreed.
and two others seem to be in favor of . They would like to coordi-
__ nate all naming of streets through one office and they are will-
ing to keep a register of all streets , etc. - anyone wishing to
name a street would call the County and check to see if there are
any restrictions - in this way, duplications would be prevented.
The touchy subject of renaming streets is one to be addressed by
the individual towns - right now it tends to be based on the older
towns having priority for those streets . This could make a uni-
form system in the County. The 911 alarm system is in the pro
cessof being worked out in detail . This system will be a very
critical factor - it does entail Leesburg. There will be a number
of areas in adjacent communities and counties that will have fire
calls coming in to the Loudoun County Dispatcher ' s office. There
are already duplicate names and numbers in those jurisdictions
that will present a problem. They are hoping that, through the
telephone land line system.•that is coming in, they can determine
the area in which the fire or rescue call is . Lt!Mayor Rollins asked _
if the 911 system requires Leesburg ' s approval? Mr. Anderson said
it was approved by the Board of Supervisors and the fire and rescue
services have to operate under that system. This was handled by
NVPDC. Mayor Rollins asked who decides whether Leesburg is a part
of it? Mr. Anderson said it is not a matter of decision - this is
the only number to be called in case of a fire in the future .
The County decided on the 911 system ,and-all residents depend..on y
the County Fire and Rescue Dispatch unit and this will be the num-
ber available. There will be a time fra«efor changeover when both
numbers will be operational. Mayor Rollins asked if the County
is paying all the costs involved? Mr. Anderson said Yes, it is
out of the County budget. He explained the system that will be
used by the dispatcher when a call is received. This is a co-
ordinated effort and it would have to be the Council' s efforts,
through its committee, to deal with the program in unison with
other jurisdictions . He related a list of streets that could
cause problems to both the fire department and rescue squad as
to response time .
To answer some of Mr. Nida ' s questions, Mr. Anderson cited
a call last night for a heart attack patient less than three
blocks from the Rescue Building. The patient lies in Intensive
Care now and the question is how long was her brain without oxy-
gen? In two to four minutes, there can be irreparable damage.
The time frame involved the Rescue Squad going to Roanoke Drive -
they didn' t know whether to turn right or left - they might go
two or three blocks in order to get back to the patient. The
percentage of calls does not become a factor - it only takes one.
Concerning a fire incident - fire increases upon itself for every
minute passed. As to cost, there are a lot of programs that:ecan be
worked out, but the time frame is the important issue. He cited
an example of a community of 18, 000 people - it took 12 months to
make the changeover. The question is not the cost, but how much
is your property or life worth? Rural route and post office box
numbers are a problem. The post office has only the jurisdiction
MINUTES OF JANUARY 28, 1981 MEETING. 3
involved in appointing rural route numbers when no house number is
provided. Time is a critical factor - how much property and how
many lives are they saving by getting fire and rescue vehicles
there quicker? Concerning training, several hundred hours are
put in every year on a volunteer basis on in-station training
and County fire schools. This does not include other special
training. As to the Rescue Squad, there are well over 400 to 500
hours spent in becoming an EMT. None of.,these .people are paid.
It is impossible, as a volunteer, to commit yourself to memorizing
every factor about the town that would be important when responding.
Also, you cannot expect other fire departments who fill Leesburg ' s
station to commit to memory all the streets here . The question of
new street names and coordination will be approached through the
County if all the communities agree to it. With a grid system, they
can get within one-quarter mile - they already have two grid systems.
No system is perfect . He asked the citizens to decide one factor -
how much is their life worth? This is not a decision to be taken
lightly, but with forethought and consideration for all your fellow
citizens . The members of Council are the persons who will have to
make a decision that will probably affect the future results of a
fire and rescue incident in this area. The volunteer system in
this area is still flourishing and it needs Council ' s support. The
o life and safety of the citizens lies in the hands-,,of Council .
T Mr. Bos asked if he has read the town ' s suggested system and
if it addresses most of their questions and needs? Mr. Anderson
Q said he has read it and it does answer most of their needs - there
a are some conflicts as to whether the quadrant system might present
a problem, but this can be worked out in committee . The key factor
now is if we need the change, let ' s do it and try -to work out the
best system. He did understand that Fairfax County ran into a prob-
lem when they made their last change - it cost several million dol-
lars so it presented a financial burden as well as a time problem.
He felt Leesburg ' s program will address theissues and, with some
modifications, it can be worked out.
Miss Patsy Tavenner of 30 West Loudoun Street understood there
are streets in Leesburg with the same name as in other parts of the
County - will these changes be made now or later? Mr. Anderson said
this would be up to the Council. However, this should be a concerted
effort among all the jurisdictions to prevent future problems. He
said they have had some luck as to which jurisdiction by the phone
number, but some people hang up without giving that information.
Since Miss Tavenner lives on Loudoun Street and there are Loudoun
Streets in other jurisdictions in the County, she asked if she would
have to go to the expense and inconvenience of this twice? She finds
this rather extravagant. Mr. Anderson said this would be up to the
individual councils and commissions, but it would prevent a lot of
trouble. Miss Tavenner felt that a town that is proud of its heri-
tage and drawing tourists would certainly not want to change its
name - Loudoun is the oldest street in Leesburg. She made it clear
that she thinks the Rescue Squad and Fire Department do an excellent
iob - they give many hours and they certainly need our support . She
did not know why we always have to coordinate with the County.. One
of the big problems seems to be that there are streets in various
communities with the same names - let ' s not do any more than what
we need. Think what this would do to the Museum or the Chamber of
Commerce - their addresses and the brochures they put out. It
should be made compulsory to have every house marked so that emer-
gency services can find them. Wirt Street, as an example, is part
one-way and part two-way . Some people have trouble with East and
West - add North and South to it and it is more confusing than ever.
People should give good clear instructions to emergency services .
If street names are going to be changed, it should all be done at
one time - not have to go through with all this change twice .
Mr. Anderson responded that there are problems with street
names, but they do not present as much problem to the Fire Depart-
ment and Rescue Squad people as they do to the dispatcher. It is
the time frame that is the problem. MAss Tavenner said all houses
should be well marked. Mr. Andersons
would have to be an ordi-
nance change. This problem is the Council ' s decision .
MINUTES OF JANUARY 28 , 1981 MEETING.
Y Mr. James Bles said this town has been around for 200 years
and has done pretty well . He asked if there will be a historic
zone where the numbers will not be changed? Is the downtown go-
ing to be changed? Mr. Niccolls said the plan prepared in response
to Council ' s request last August is a simple numbering system,
starting at 100 at King and Market Streets, . and numbering each
block outwardly from there. The plan also recommended designating
streets in N.W. , S .W. , etc. quadrants . There were no exceptions ,
no special section that would not be renumbered in this plan.
Council would have to decide if they want to make any special ex-
ceptions . Mr. Bles said this program is purely political in nature,
it is socialistic and arbitrary in nature. He most strenuously ob-
jected to this proposed system. If a historic section could be
worked out, he would look at it in a different light.
Mr. Frank Howard, representing the Leesburg Fire Company, read
a letter re-emphasizing support for the renaming and renumbering of
streets . It is their belief that greater fire protection will be
provided to the citizens if a uniform numbering system is implemented.
Their goals are the best possible protection to their citizens . A
lot of the problem is in numbering - the block system would clearly '
help the Fire Department and Rescue Squad. Mayor Rollins asked if
he and the other members really have diffidulty in finding where a
fire is? Mr . Howard said Market Street presented a problem recently -
there was a fire at 70 some - you would have thought that was close
in, but it was way out on Market Street. There is no logical se-
quence of numbering. There have been other instances as well . The
block numbering system would be very helpful . Mr. Hill asked if
the fire company has a mapping system? Mr. Howard said they have
most of the subdivisions with numbers , but it is not complete and
they have nothing on the downtown section. They really need a num-
bering system.
Mr.cColin McDiarmid, President of the Loudoun County Rescue Squad,
read a letter sent to Council from the Squad addressing this issue.
The Squad is in favor of a new street numbering proposal . The ;
present system is very awkward at times , with streets like Valley
View, Catoctin Circle, Harrison , Royal and others being in several
different sections . The numbering system has numerous inconsisten-
cies. This system does not at times seem to follow a logical pat-
tern - for example, Leesburg Village has no doors that face on Ed-
wards Ferry Road, yet they all bear such an address , nor does Heri-
tage Way, which address is Adams Drive . They like the quadrant sys-
tem. In addition, they would like to request that all address
numerals be:'readable and visible from the street - this should be
a Town ordinance . Squad members are willing to help Council with
this system in any way to expedite adoption ofithis system. :This<i
was from a letter to the town from Ron Smith, Chief . Mr . McDiarmid
said the time lost on not being able to find a house is critical - it
reduces the possibility of someone living in many cases. It is in-
convenient to many people to have to go through all the changes such
a system would cause, however, it is certainly worth it to save life
or property. The Squad has two members currently serving with them
that do not live in the area - they are paramedics (the most highly
trained of any of their volunteers), and they are not familiar with
the present system to find destinations . They have to be able to
respond in three minutes . This proposed program would go a long
way to solving these problems.
Mr. Eugene Barber, a resident of Leesburg and a mail carrier,
was very much in sympathy with the Fire and Rescue Departments.
A better system is needed - approximately half of the business down-
town have no numbers at all . It is time to be thinking about such
a system.
Mrs . Evalyne Reynolds, a business person on South King Street,
felt the town certainly needs to work out some way, whether dividing
into quadrants or whatever, to get the Fire and Rescue Squad to ad-
dresses as quickly as possible. However, to completely disrupt the
entire town is not necessary - the "knotty" problems should be ad-
dressed first. It would be almost criminal to change the numbers
in the historic district - this is part of Leesburg ' s uniqueness.
Perhaps changing the numbers would not bother some people, but it
would certainly be an expense to them to change their stationery,
notify their suppliers, etc.
MINUTES OF JANUARY 28 , 1981 MEETING.
5
Mr. Nida said his question referred to location training,
not to technical training. His question was what training is given
to new people coming in and would a change really benefit? Mr.
Anderson said the only training they receive is to look at the
maps (there are 26 of them) - they are trained to use them.. They
little .map_ only addresses that section so they, . in turn, have to
learn how to locate the segment of town. A lot of the offices.
(all over the county) have an influx of people such as paid person-
, nel from other jurisdictions. They are already trained, but they
are not familiar with Leesburg ' s street addresses . There are 96
streets that have numbering problems or splits out of 130. If this
is not a problem, he does not know what is - and that doesn ' t in-
clude the one-way streets .
Mayor Rollins referred this matter to the Utility and Public
i Works Department for some recommendation to the Council . The pub-
lic hearing was declared closed.
MANAGER' S REPORT :
(1) We have been following up on the study prepared by MICA
• on refuse collection practices There will be some demonstrations
of other types of equipment and)}w1ll provide the committee members
with a calendar for making decisions-one will have to be made by
,t July 1 .
Q
chis( 2) The strand mapping for cable TV has been done - the fran-
ee beat the deadline by three weeks . We still won ' t see earth
being moved or poles being changed for some months yet. All the pre-
liminary work has to proceed. Mr. Shope looked at the strand map
with the construction people and there are literally hundreds of
street crossings to be made. This will mean a substantial amount
of street interruption and repair this summer.
( 3) The members of the Plaza Park Advisory Committee met with
Mr. Stark last night. They were pleased with the proposed design
and gave some good suggestions .
i (4) The A-95 review of the Community Development Application
t
has been endorsed and sent on to HUD.
(5) He has asked for a pay survey for increasedi. compensation
for employees for next year. They want to look at what has gone on
in the last year among the jurisdictions that compete with us for
employees.
(6) There were 22 town house building permits issued during
the past month.
(7) Mr. Shope reports that the contractor on the Waverly
Heights project wants to start next month. This means it will be
finished early in the season and we will be able to restore that
area that is being graded.
( 8) Survey work is going on on Market Street between Wirt
and Church Streets . This is for sidewalk, curb and gutter recon-
struction scheduled for next season . We will make personal con-
tact with all the property owners to see what special concerns
they have in relation to this new work . We try to maintain this
contact throughout the life of the project . Such projects are
aggravating to the adjacent property owners , but we learn what ;4
their problems are by maintaining regular communication.
(9) The water leak on Route 654 was taken care of at less
'`, expense than he had thought. We had heavy equipment there for
only about 21 hours - this was fortunate and, of course, less
costly than anticipated. It was a substantial leak .
(10) There are some written comments from the Police Depart-
ment in the Activity Report about clinics_ some of the police offi-
cers participated in . There is also one interesting article about
arrests .
INSEKP - JPNUAW 28, 1981 MEETING.
Mr. Bos reported that Mr. David Lothar of North King Street and
Mrs. Billy Hetzel of West Cornwall Street have talked with him. They
are both concerned about the process involved with such a change.
1 .
MINUTES OF JANUARY 28 , 1981 MEETING.
(11) Councilmembers might like to ask some questions later
about the airport bankruptcy matter. It looks like the bankruptcy
trustee will be cooperative and, to some extent, his interest in2
protecting the bankrupt corporation and our interests do coincide.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mr. Bos said he moved his business a week and a half ago and
one of the doors was left open the first night. The Town police
checked and found it open and called him during the night. By the
time he got there, there were 2 town police cars, a county car, a
german shepherd and more police than he could count. He appreciate
their help.
Mr. Hill corrected.-a statement.theard.lon WAGE Radio. It was re
ported that he would resign from this Council - this is incorrect . +_
He was referring to a committee to which he was appointed by the
Mayor on the Leesburg Area Development Plan. At the time, Council
was voting on a resolution concerning commission permits (which;,.
will be considered again tonight) and he thought that resolution was
too strong and still does. As a consequence of this resolution, he
may resign from that committee, but not from the council . He feels
very strongly about working with the County on this Plan - it is
very vital and very important. This committee will be meeting
twice a month for probably the next six months and he certainly
doesn ' t want to go over there as an adversary. He certainly is
not going to resign from the council .
Mr. Herrell inquired about the "No Right on Red" sign that is
down at Route 7 and Catoctin Circle? Mr. Niccolls said we have to
get equipment and an operator from VEPCO to do this - he will fol-
low up on this .
MAYOR' S REPORT:
Mayor Rollins thought there is a mistake in the General Fund
balance on the cash flow schedule - he thought the real estate
taxes amounted to $300 , 000 .or more and he was sure we had not
spent this amount in a month . Mr. Niccolls said it is possible
that we had a draw in that amount . The cash balance in December ti
was quite low and we had bond payments to make, as well as some
major payouts in January, including $45, 500 for land acquisition
for the Plaza Street Park for which we are awaiting reimbursement.
He will check this out with Mr. Taylor .
Mayor Rollins was astounded to read in the paper this evening
about legislation introduced byour delegate,:in.k.Richthbndiconcern-
ing:,the ,Town of Leesburg. There is one sentence "other bill - a
bill to allow Leesburg police officers to live outside of the town" .
He asked if any member of Council knows anything about this? Mr.
Tolbert replied that he knows nothing more than what he read.
Mayor Rollins said he resents that article for two reasons : (1)
we did not request it and (2) we were not informed of it . Any
legislation introduced concerning Leesburg should be for one of
the above reasons. Mr . Niccolls said he received a call from Mr.
Bell ' s administrative assistant yesterday afternoon and received
a,i.copy of the bill today. He guessed he was the one that caused
fj Mr. Bell to consider the legislation in that light - he referred
" 'him to an opinion of the Virginia Attorney General which was ren-
dered in another town situation to the effect that for all practi-
cal purposes all town employees at almost all levels would be re-
quired to live in the town . He complained to Mr. Bell about that
legislation but did not consider that he would introduce a bill
that specifically pertained to Leesburg. However, this is what
has happened. He could have introduced a bill that concerned
the problem State-wide. He noted that about six bills have been
introduced into the General Assembly concerning this particular
problem. He said he is the one responsible for Mr. Bell ' s in-
terest and apologized for Council ' s being unaware of it. Mayor
Rollins said he takes grave exception to any legislation being
introduced affecting Leesburg that we know absolutely nothing
about and that we don ' t request. He resented this action very
strongly.
MINUTES OF JANUARY 28 , 1981 MEETING.
Mr. Bos and Mrs. Hill agreed with Mayor Rollins . Mr. Bos 7
asked Mr . Niccolls what his point is - is there a constitutional
problem? Mr. Niccolls said Sec. 15 . 1-51 contains a sentence that
says, roughly, all city and town officers must live within the
corporate limits of their respective jurisdictions in the absence
of a charter provision to the contrary. Our charter is silent as
to employment residency. We have a number of employees, even de-
partment directors , who live outside of the town . He was unaware
of this until he saw a publication that described in summary form
the Attorney General ' s opinion . There are about six bills that
pertain to this problem. Mr. Tolbert asked what you do if you
can ' t get qualified people to fill these positions? Mr. Niccolls
said if that is an immutable law in Virginia, we have violated it
II on many occasions. Mayor Rollins said he would certainly not favor
such a restriction for working for the town . Mr. Niccolls did not
know he was going to introduce such legislation, but he was informed
of it by someone who works for Mr. Bell by phone yesterday, with a
letter received today. He thinks the legislation introduced is in-
competent as to the problem - it refers only to police officers .
Mayor Rollins said we have taken this up before and specifically
left it out of the Charter because we did not want to require this.
The Charter governs over State law. He said he saw fire when he saw
it, for a number of reasons . He suggested that the Manager be in-
CD structed to have this passed by indefinitely.
81-0-4 - ORDINANCE - AMENDING CHAPTER 12 . 1 OF THE TOWN CODE .
Q On motion of Mr. Bos, seconded by Mr. Willis , the following
a ordinance was proposed :
ORDAINED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . Subsection 12 . 1-17 (e) and Section; 12 . 1-33 and
12 . 1-45 of the Town Code are amended to read as follows :
Sec. 12 .1-17 . Pay Determination
(e) Overtime:
(1) All employees except department heads shall re-
ceive overtime pay or, at the discretion of the Town Mana-
ger, compensatory time off for the time worked (calculated
to the nearest 15 minutes) in excess of 80 hours per bi-
weekly payroll period. Overtime pay shall be at the rate
of one and one-half times regular pay. Compensatory time
shall be earned at the rate of one and one-half hour for
each overtime hour worked. For purposes of determining
overtime, time spent on authorized paid leave shall be
counted as time worked. Notwithstanding the above, em-
ployees on paid vacation or sick leave required to report
to work during their regular hours shall have the time
worked deducted from the vacation leave or sick leave pre-
viously authorized .
( 2) All employees called to work outside their regu-
lar work hours shall receive credit for at least one hour ' s
work except employees assigned town vehicles on a 24-hour
i basis who shall not be credited for the first hour of any
call back .
+ ( 3) As regular compensation for department heads in-
cludes amounts for overtime in performance of duties in
excess of the regular work week, which may include attendance
at meetings of the town boards and commissions, emergencies
and other job-related activities, such personnel are not
ij eligible 'for overtime pay or compensatory time as provided
in this ',article . Such personnel are permitted when author-
ized by the Manager to take the time from regular work
hours when needed for personal affairs without deducting
said time from vacation leave, so long as such time does
not adversely affect the performance of the department head' s
duties and responsibilities. This section does not apply to
personal illness.
4 . MINUTES OF JANUARY 28, 1981 MEETING.
S
Sec. 12 . 1-33. Vacation Leave
(a) Each employee in the service of the Town shall be
credited with vacation leave after it is earned at the fol-
lowing rates :
Regular Hours worked Length Hours accrued per
per 2-week payroll of 2-week payroll
period Service period
80 5 years or
less 3 . 70
80 5 to 15 years 5 . 54
80 More than 15
years 7 . 39
70 5 years or
less 3. 23
70 5 to 15 years 4 . 85
70 More than 15
years 6 . 46
Employees working a regular 40-hour work week (80
hour payroll period) shall use leave based on an 8-hour day.
Employees working a 35-hour week ( 70 hour payroll period)
shall use leave based on a 7-hour day.
(b) New employees shall begin accruing sick and vaca-
tion leave during their first full two-week payroll period
worked.
(c) All requests for vacation leave shall be submitted
to the applicable Department Head in advance for approval .
In approving vacation leave, department directors shall in-
sure that during the period of approved leave, the employee
is not scheduled to report for court appearances or will be
required to report to work because of staff shortages, major
scheduled projects, projected adverse weather conditions, or
other reasons . The Town Manager shall approve the scheduling
of all vacation leave requests .
(d) The Town Manager shall require that all employees
use a minimum of five days of vacation leave of the total
accrued during each year plus all of the vacation leave
carry-over from the previous calendar year to effectively
maximize the period of rest and recuperation provided through
time-off from work. Additional days accrued during the year
which are not used may be carried over into the next calendar
year only. Vacation leave required to be used under these
rules which lapses unused into the next calendar year shall
be dropped effective January 1 of the new calendar year un-
less time for use is extended by the Manager for a maximum
of 30 days at which time the employee shall present an ap-
proved schedule to use the excess days during the extended
period.
Sec. 12 . 1-45 . Holidays
(a) The following will be observed as paid holidays
for all Town employees not specifically exempt from this '
Article :
--First day of January - New Year ' s Day
--Third Monday in February - George Washington ' s
Birthday
--Last Monday in May - Memorial Day
--Fourth Day of July - Independence Day
--First Monday in September - Labor Day
--Eleventh, Day of November - Veteran ' s Day
--Fourth Thursday in November - Thanksgiving Day
--Afternoon of 24th of December - Christmas Eve*
--25th Day of December - Christmas Day
MINUTES OF JANUARY 28, 1981 MEETING. n
* To be observed on the work day next pre-
ceding
9
the observation of Christmas Day
(b) Any of the above holidays falling on Saturday will
be honored on the Friday preceding the Saturday on which the
holiday fell . Any of the above holidays falling on Sunday
will be honored on Monday immediately following the Sunday
on which the holiday fell .
(c) Employees required to be on duty during a holiday
because of the nature of their position, emergencies or any
other reason shall receive holiday pay equal to the regular
hourly rate for each hour worked or compensatory time, either
of which shall be in addition to their regular pay. Em-
ployees required to report for duty at hours outside their
regularly scheduled workday within the 24-hour period of
the holiday shall be paid at the rate of one and one-half
times regular pay or given compensatory time on that same
basis .
SECTION' II . If any section, subsection, sentence, clause
or phrase of this ordinance is, for any reason, held by a
court of competent jurisdiction to be invalid, the decision
CD shall not affect the validity of the remaining portions of
ict the ordinance.
QSECTION III . This ordinance shall be in full force and ef-
fect from and after its passage.
Q
Mrs . Hill explained that these changes in the Personnel Manual
clarify some of the leave policies. The ordinance was unanimously
adopted:
Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins .
Nay: None.
81-13 - RESOLUTION - CONCERNING COMMISSION PERMITS .
On motion of Mr. Herrell, seconded by Mr. Willis, the follow-
ing resolution was proposed:
WHEREAS, the Loudoun County Board of Supervisors filed a
law suit against the Leesburg Planning Commission and this
Council contesting denial of a commission permit required
by the State Code for a youth shelter at 40 West Loudoun
Street despite the fact the Board has begun a search for
a more suitable and acceptable site; and
WHEREAS, the suit seeks to determine the issue on narrow
procedural issues rather than the substance of the county' s
application, attempts to discredit procedures used by the
Planning Commission and questions whether the Board must
secure a commission permit at all; and
WHEREAS, while the county chose the courts as the forum
for deciding the commission permit this Council is confi-
dent the issue will ultimately be decided in the town ' s
favor; and
WHEREAS, now the Board on December 15, 1980 invited the
Council to establish a "working task force" for the pur-
pose of establishing a mutually satisfactory "modus vi-
vendi" for issuance of future permits :
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows:
This Council finds the Board ' s offer to work together in-
appropriate at this 'time and more accurately described as
"pax in bello" . This Council will not negotiate as a hos-
tage to a pending law suit. In the spirit of cooperation,
MINUTES OF JANUARY 28, 1981 MEETING.
1 however, this Council proposes that the unwise use of tax
funds by both jurisdictions resulting from the Board ' s
suit could be stopped immediately by withdrawal of the
suit by the county . After the suit is withdrawn, this
` Council will direct the manager to work with the county
staff to develop proposed commission permit procedures,
to the extent legally possible, for consideration by this
Council and the Board.
Mr. Herrell said this resolution went back to committee. It was
discussed and it. was recommended by. Mrsi: _Hi•ll and.him_that
go with the resolution as it_is , with Mr. Tolbert saying he would.
"take a look" at it. He said the County has not shown that they
are interested in cooperating with the town. In this particular
matter, they picked a location that is bad - there is no parking,
no front yard and no access to the rear other than through adjoining
properties . The average age of: the .residerits ' inLthat .area:_.is prob-
ably in excess of 70 years and the County wants to put in a
"bunch of kids" . The County seems to have a policy in dealing with
the town in every area they can of legal opposition. They seem to
continue to oppose the town no matter what we want to do . :,He be-
lieved this wording is appropriate - perhaps something will get
through to them. Mr. Bos agreed with what this resolution says,
but not with the language - this is going to aggravate the situ-
ation.. Mrs . . Hill felt their suit is strong language and she agreed
with Mr. Herrell - she did not feel it would make any difference
one way or the other. Mr. Bos said he would like to see Council go
on record as a sane responsible body not given to any excessive
actions - this might speak better than this proposed resolution.
Mr. Hill agreed wholeheartedly with Mr. Herrell - he did not think
the issue was at 40 West Loudoun Street. The request made to the
town was to meet concerning commission permits . Let ' s tell them
that this is in litigation and, until it is decided, we will do...
nothing: You don ' t usually negotiate a subject that is already in
litigation. As far as the area development plan goes, they are
working with the entire county. You mention the Town of Leesburg,
and they are adversaries to start with. He felt the wording of this
resolution would tend to aggravate a bad situation as it now stands.
We should respond only to the issue of permits. Mr. Herrell felt
there is only one sentence that does not specifically respond to
commission permits and that is "This town will not negotiate:.con-
cerning a pending law suit . " He could see nothing else they could
take exception to. Mr. Hill said their letter is not asking about
40 W. Loudoun Street - it is asking for some understanding concern-
ing commission permits . He felt the law is very clear on that - we
have to get a permit from them and they from us. Mayor Rollins said
this is what disturbs him. How can you work out something the law
determines? You can' t agree to evade the law. Discussion continued
with various suggestions for dealing with this problem. There seemed
to be no unanimous solution . Mr. Hill called for the question, the
vote being 4 in favor of the proposed resolution and 3 against :
Aye : Councilmembers Herrell, M. Hill , Willis and Mayor.' Rollins.
Nay: Councilmembers Bos, D. Hill and Tolbert.
81-14 - RESOLUTION - PARTIAL RELEASE OF A PERFORMANCE BOND FOR SECTION
1 OF PHASE I , CARRVALE SUBDIVISION.
On motion of Mr. Bos , seconded by Mr. Willis, the following
resolution was proposed:
WHEREAS, International Pavilion Company, developers of Section
1 , Carrvale, have requested partial release of the $719 , 901
performance bond for public improvements for that subdivision;
and
WHEREAS , Bonds No. 923650 , 923651 and 923562 in the amounts of
$258, 513 , $266 , 184 and $195, 204 from Republic Financial Ser-
vices, Inc . had been approved to guarantee the installation
of those public improvements; and
WHEREAS, all but $204 , 000 worth of public improvements have
been completed in accordance with town standards; and
MINUTES OF JANUARY 28, 1981 MEETING. 1 1
WHEREAS , the developers have agreed to substitute a per-
formance bond in the amount of $204 , 000 to guarantee the
remaining work ; and
WHEREAS, International Pavilion Company understands that
this partial release is not an indication that the public
facilities are accepted for maintenance and that they are
solely responsible for the condition of those improvements
until such time as they are accepted.
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . The performance bond in the amount of $204 , 000
is approved conditioned upon review and approval by the town
attorney.
SECTION II . Performance bond numbers 923650 , 923651 and
923562 in the amounts of $258, 513 , $266 , 184 and $195, 204 , . .
respectively, from Republic Financial Services, Inc. pro-
viding for the guarantee for installation of public im-
provements for Section 1 of Carrvale Subdivision are re-
C) leased conditioned upon receipt of the bond as noted in
Cr Section I of this resolution.
7 Mr. Frederick Stieff, President of International Pavilion Company,
Q understood that the town ' s concern in reducing this bond is pri-
g marily the paving in Carrvale. He felt if they could discuss the
paving, perhaps this would resolve the bonding situation. To
this end, he has prepared a paving schedule (he distributed said
schedule at this time) which reflects his priorities . He invited
discussion or advice from the Engineering Department or anybody
making decisions and indicated on a map this order..00f priority.! .
This is an expensive operation and he needs the cash flow in order
to accomplish this work. He felt this is a reasonable projection.
His second point is that the money to pay for a fully secured bond
( $5 , 000) could better be spent to do the paving and other improve-
ments . The only money he has is from the sale of assets or of lots.
Mr. Niccolls said the postal service will not deliver mail to these
homes on a gravel road. He asked Mr. Stieff if he could not estab-
lish some temporary method of postal boxes until the roads can be
finished? Mr. Stieff said he would do this . Mr . Herrell felt the
town should say something to the Post Office about this . Mayor
Rollins said that , as he reads this proposed resolution, the bond
is being reduced. Mr. Hill said he had spoken with someone repre-
senting Mr. Stieff in the past and had more or less indicated that
the town was dissatisfied with the progress being made on the streets .
The Public Works Committee voted unanimously not to accept this
resolution. However, Mr. Niccolls understood that, in the case
of a petitioner who had a matter referred to a committee, and the
committee failed to make a favorable recommendation, that the pe-
titioner had a privilege of addressing the matter to the council
as a whole, even though not favorably reported. Mr. Hill said he
spoke with someone in the fall of 1979 out there and suggested that
they at least mound up around the manholes. He asked for a pro-
jected schedule at that time. They did mound up around the man-
holes, but they have done nothing since . He thinks these streets
should be finished and paid for. The committee was saying that,
if they will go ahead and complete these streets in the early spring,
then they will recommend reducing the bond. Mr. Bos said the main
issue is that they have already completed a substantial portion of
the bond requirement and the $5, 000 cost for continuing the bond
could go toward paving the streets . His only concern was whether
$204 , 000 _is -enough7.. . Mr. Niccolls said the $204`, 000:.should
cover the cost, on the assumption that the work is not delayed
for two years or more and that prices don ' t go up. Mr. Shope
used the same unit• prices on thislae he uses on Other-projects .
Mrs. Hill moved that this be sent back to committee, but the
motion died for lack of a second.
Mr. Herrell said he has talked with Mr. Stieff about this and
he has had calls from some of the people living out there . He
MINUTES OF JANUARY 28 , 1981 MEETING.
12
could appreciate the problems with the building business right now.
He believed the $5 ,000 to the bonding company would only throw an
added burden on the project - it would be better to help them get
the work done and help the residents also . Since the amount of
the bond will cover the improvements to be done, he will vote in
favor of the resolution. Mayor Rollins asked what period of time
such a bond would cover? Mr. Niccolls said it would be for one
year from its date - the bond to be dated after Mr. Martin ' s ap-
proval .of the substitute bond. Mr. Niccolls explained that the
town has agreements to be signed by developers - the old ones call
for a one-year time limit - the new ones call for two years. When,
as in this case , they don ' t complete the work in the time required,
they are in default \_of__ their agreement with the town. Mr. Martin
could advise what our legal rights are to insure performance . We
are explicitly, not recommending that this term be extended by: this
act, so they will be kept in default at Council ' s forbearance. If
substantial performance is not secured in accordance with this
schedule by June, then he would ask Mr. Martin to inform Council
what would be appropriate. Mayor Rollins asked if, according to
this schedule, this means there would be four or five streets that
would not be done? Does the $204 , 000 cover completion of all the
streets within one year? Mr. Stieff said there is another bond on
Plaza Street and this will be finished by October 31st . The base
coat will be put on three other streets by June 30th - they are still
developing and wouldn ' t want the top coat on those streets until the
development is finished. Mr. Niccolls explained that there are seve-
ral bonds, not all of which are being dealt with tonight. This one
would cover all the remaining work in Section I , including the top
coat. The term of the bond is perpetual - it is an instrument the
town can depend on for a reasonable length of time. What they are
looking at is the Town ' s agreement. Mayor Rollins said we could call
it within one;:year . Mr. Niccolls believed it could be called in less
time, because he is currently and remains in default of his original
agreement to pave these streets by a specific date long passed. Mr.
Hill said if they wipe out these three bonds, then they are starting
all over again. Closing in on a bond is "tough" on a developer that
went broke. If they could indicate they can get this work done,
then we will relefe the bond. Curb, gutter, sidewalk and streets
are part of buying a home - they are part of what a person pays for.
Mr. Herrell agreed, but this work can 't be done if he doesn ' t have
the money to pay for it. Mr. Stieff said there are lots that have
not been built on and they built the pumping station. He was sympa-
thetic with the people living in Carrvale and is doing everything he
can possibly do . If Council does not reduce the bond, it will push
back the amount of time in which he can get it done. There were
several people in the audience who live in Carrvale, one of whom
said the roads are passable - the major gripe is the mail delivery.
Mayor Rollins asked what would happen if we had a snow? Mr. Niccolls
said International Pavilion is responsible for this - they did a good
job last year. Mr. Herrell called for the question. There being no
objection, a roll call vote was 6 to 1 :
Aye : Councilmembers Bos, Herrell, M. Hill , Tolbert, Willis
and Mayor Rollins .
Nay : Councilmember D. Hill .
81-15 - RESOLUTION - AUTHORIZING SUBSTITUTION OF A PERFORMANCE BOND
FOR A CASH BOND FOR PUBLIC IMPROVEMENTS FOR
LOWE' S OF LEESBURG.
On motion of Mr. Willis, seconded by Mrs. Hill, the following
resolution was proposed :
WHEREAS , Lowe' s Companies , Inc . , developers of Lowe ' s of
Leesburg, Lot 8, Cardinal Industrial Park , have requested
that a performance bond in the amount of $12 , 230 be sub-
stituted for the cash bond in that same amount now on de-
posit with the town to guarantee installation of public
improvements at Lowe ' s of Leesburg; and
WHEREAS , this performance bond has been reviewed and ap-
proved by the Town Attorney, therefore;
MINUTES OF JANUARY 28 , 1981 MEETING.
13
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . Performance Bond No. 4144191 of the Safeco In-
surance Company of America in the amount of $12 , 230 to
guarantee installation of public improvements at Lowe ' s
of Leesburg is approved.
SECTION II . The manager is authorized and directed to
release the cash performance bond in the amount of $12 , 230
which was approved by Council on November 12, 1980 , plus
interest earned, for the guarantee of installation of
public improvements for Lowe ' s of Leesburg.
Mayor Rollins asked if it is permitted to put up a performance
bond in lieu of a cash bond? Mr. Niccolls said it is quicker.
Mayor Rollins asked why a substitute now? Mr. Niccolls said it
is more expensive now - he thought, generally, it is one percent
The resolution was adopted by a vote of 6 to 1 :
Aye : Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis
and Mayor Rollins .
Nay : Councilmember D. Hill .
81-16 - RESOLUTION - AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES
—) FOR DESIGN OF MARKET STREET IMPROVEMENTS AND
MAKING AN APPROPRIATION.
Q
Q On motion of Mrs . Hill , seconded by Mr. Willis, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . The manager is authorized and directed to enter
into a contract on behalf of the town with Dewberry, Nealon
and Davis , Consulting Engineers, Fairfax, Virginia for design
services for the Market Street Rehabilitation project . The
terms of the contract shall be in accordance with Proposal
#4841 submitted by Dewberry, Nealon & Davis , dated January
16, 1981 . Charges for services will not exceed $7 , 600 . 00 .
SECTION IIS. An appropriation is made from the General Fund
to Account No. 10110 . 856 , Market Street Rehabilitation, in
the amount of $7 , 600 for the fiscal year ending June 30 ,
1981 .
Mr. Niccolls explained that they issued a purchase order for the
surveying in order to expedite this project from funds already ap-
propriated - they are trying to get ready for construction start-
] ing in March. Just the roadway rehabilitation will be put out for
bids - the curb, gutter and sidewalk construction will be done by
town forces . He explained just how this will be done and said
DND has experience with this type of thing . We know there is pave-
ment depth in the center, but we don ' t know about the edge. He
would like to have all this work done in two months . Mayor Rollins
asked the status of getting the County to pay the cost of brick
sidewalk on the north side of Market Street between King and Church
Streets (around the court house) ? Mr. Niccolls said a request was
made to Mr. Wiggins that they allocate $2 , 000 for brick work there.
He said they would take it up, but he does not know the status.
The request was just made within the past week or 10 days . Perhaps
we should have asked the Post Office and other property owners, but
we made no such request. The resolution was unanimously adopted:
Aye : Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins .
Nay : None.
81-17 - RESOLUTION - AUTHORIZING THE TEMPORARY EMPLOYMENT OF PER-
SONNEL AT LEESBURG MUNICIPAL AIRPORT AND
SUPPLEMENTAL APPROPRIATIONS .
On motion of Mr.. Boss; . seconded by Mr. Herrell, the following
resolution was proposed:
i MINUTES OF JANUARY 28 , 1981 MEETING.
1 4WHEREAS , Century Aviation, Inc. has filed with the United
States Bankruptcy Court, Eastern District of Virginia,
Alexandria Division, a petition under Chapter 7 of the
Bankruptcy Laws, and
WHEREAS , this filing will mean the liquidation of the as-
sets of the present main fixed base operator, Century
Aviation, Inc. , and
WHEREAS, certain actions of the Trustee in the bankruptcy
may expand the town ' s obligations and responsibilities
for operations at the airport, and
WHEREAS, the town needs to respond quickly and efficiently
to future changes in the status of airport operations to
insure the continued safety of the airport.
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
in Virginia, as follows :
SECTION I . The manager is authorized when permitted by fede-
ral law to appoint temporary personnel at Leesburg Municipal
Airport to perform basic operations which will consist of the
sale of aviation fuel , management of aircraft tie-down re-
ceipts, and general security within the amounts appropriated
in Section II of this Resolution.
SECTION II . Appropriations are made from the Airport Fund
to the accounts shown below for the fiscal year ending June
30 , 1981 contingent on any decision of the trustee in bank-
ruptcy to reject the Lease and Operating Agreement between
the town and Century Aviation, Inc. as unassignable.
Account No. Name Appropriation
30000 . 101 Regular Wages $ 5, 208 . 00
30000 . 102 Fringe Benefits 781 . 00
30000 . 211 Electricity 1 , 125 . 00
30000 . 214 Motor Fuel & Oil 12, 600 . 00
30000 . 220 Building & Ground
Maintenance 600 . 00
30000 . 230 Advertising 150 . 00
30000 . 263 Insurance 625. 00
30000 . 215 Telephone 100 . 00
30000 . 228 Postage 300 . 00
30000 . 202 Office Supplies 150 . 00
TOTAL APPROPRIATION $21 ; 639 . 00
Mr. Hill said there is not enough money in the Airport Fund. Mr.
Niccolls said there is a possibility that there might be a deficit
of a few thousand dollars by the end of the year. Mr. Minor said
that, if this plan happens, we would have a surplus. We are not
under a Chapter 11 situation any more. Under this situation, or if
the lease is assigned, we would collect the revenues and should
not have a deficit. Mrs. Hill said that, according to the Activity
Report, the Trustee is not rejecting the lease - they ' re going to
work to assign it. Mr. Niccolls said at the present time that is
the projection and this action may be superfluous. We won' t know
until he acts . Mr. Minor said things move so quickly - every week
there is something new. At this point , we have a list of bidders
about whose qualifications we know nothing. It is going to be bid -
we know that. Mr. Niccolls said he will do this within the 60-day
time limit. They are pointing out that we could need funds out
there - if it is crudial, he would ask the Mayor to call a meeting.
Mr. Tolbert said he has a lot of confidence in that airport and he
doesn ' t think we should sit still and let it wait. The resolution
was unanimously adopted:
Aye: Councilmembers Bos , Herrell , D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None .
15
MINUTES OF JANUARY 28, 1981 MEETING.
81-18 - RESOLUTION - MAKING AN APPROPRIATION.
On motion of Mrs . Hill , seconded by Mr. Tolbert , the follow-
1 ing resolution was proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
An appropriation is made from the Utility Fund to the fol-
' lowing account in the amount shown for the fiscal year end-
ing June 30 , 1981 :
IIAccount No . and Name Appropriation
20100 . 223 Utility Lines Repairs to
water main $ 7, 500 . 00
Mrs. Hill said this is only one-half of what was expected. Mr.
Niccolls said we have received invoices, but not a total statement .
It looks like it will come in between $5 ,000 and $7, 500 . The reso-
lution was unanimously adopted:
Aye: Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert;
Willis and Mayor Rollins .
Nay: None .
Mr. Willis asked that the street name and numbering system be
deferred until the February 16th meeting.
On motion of Mr. Tolbert , seconded by Mrs . Hill, Council voted
unanimously to adjourn the meeting at 10 : 30 p.m.
Mayor
II Clerk of t e Council
U