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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