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HomeMy Public PortalAbout1981_06_24 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 24 , 19$..i A regular meeting of the Leesburg Town Council was held in 1 1 the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on June 24 , 1981 at 7 : 30 p.m. The meeting was called to order by the Mayor, with Mr. Tolbert giving the invocation, and followed with the Salute to the Flag led by Mr. Bos. Present were: Mayor Kenneth B. Rollins, Councilmembers Charles A. Bos, Marylou Hill, , John W. Tolbert, Jr. ,-and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Director of Finance Donald 0. Taylor, Chief of Po- lice James M. Kidwell and Town Attorney George M. Martin. Absent from the meeting were Councilmembers Stanley D. Herrell , Jr. and G. Dewey Hill, Jr. The minutes of the regular meeting of May 27 , 1981 were ap- proved as written. PUBLIC HEARING ON REZONING APPLICATION #ZM-34 BY ANNE B. HART: The Notice of Public Hearing was read by the Clerk. Mrs. Hill reported that the Planning Commission recommended denial of this application for two reasons : (1) The proposed change from R-1 to MC is not in accordance with the Comprehensive Plan; (2) The exist- ing dwelling is non-conforming as to location; if the zoning were changed to MC, it would be more non-conforming. CD Mr. Royce Givens, attorney representing the applicant, called attention to a proffer of additional conditions which was submitted today as part of this application. It is hoped that this proffer Q will address the problems expressed by the Planning Commission. Q As to the non-conforming use - there would be no exterior modifi- cations to this building. The non-conformity bears not on its use, but bears on its location. They do not intend to expand the build- ing either up or out - whether it. used as a residence or for a medi- cal office makes a significant difference - it is not more non-con- forming - it is simply non-conforming, but in such a way as to not shock the ideas of the zoning regulations. This is not a large building - it is a small building in terms of its area. It is suitable for only one physician, so the traffic would not be sig- nificant, particularly in view of the fact that the entrance to the new Long-Term Care Facility is just to the south. The impact of the Long-Term Care Facility on this small structure should be con- sidered as well . As to the Comprehensive Plan, it was prepared some years ago and the Long-Term Care Facility was not part of it. The building of this facility has greatly impacted on this prop- erty. Their intended use of this property might even qualify it as some type of special exception, however, they would rather have it rezoned. Its use as a medical office would fill a reasonably well known need - there is a shortage of medical facilities near the hospital and there always seems to be enough tenants to fill the Jackson building. They feel that, in the overall change of circumstances around this neighborhood, the conversion of this parcel to MC is reasonable. It is zoned so that no commercial establishment can come in there. They feel it will not set a precedent in terms of the neighboring lot. Across the street is the School Board property used as a ball park and next to it is the cemetery, which will certainly not be altered in the life- time of anyone present. To the north is the property of Mrs. Newton and to the west is a subdivision. There is a list of re- strictive covenants- for -this subdivision, which prohibits use of these lots for anything other than single-family dwellings. The proffers include placing a screening device, such as a fence or plants, on the boundary line between this property and that of Mrs. Newton - this would lessen the impact of any activity carried on in their building and the hospital parking lot. Both of these properties border an MC zone. Should the town expand Route 698 on Old Waterford Road, this building would be in the right-of-way and they would be willing to move the structure or whatever else is appropriate to widen the road. They do not anticipate any out- door lighting of the parking lot or signs - for visible purposes there would be no substantial changes to the exterior appearance of the property. The Planning Commission raised questions about drainage across the parking lot - this would be taken care of by engineering so that it would run to the road front and not across Mrs. Newton' s property. They feel this is a reasonable use for this property. 12 2 MINUTES OF JUNE 24 , 1981 MEETING. 1 Mr. Bos asked what financial impact he is talking about as to the Long Term Care Facility? Mr. Givens said both financial and visible - it is close to that area. It is rented as ' a resi- dence - the present tenant went in before severe construction of the Long Term Care Facility began. They would suspect that, given the parking lot, the driveway and the proximity, there would be problems in renting it again. It has shifted out of a residential use to a use more appropriate to its location. It is substantially different than when the Comprehensive Plan was prepared. Mayor Rollins suggested that Mr. Givens present'.this proffer, and that of the Alberts, as a legal document that can be recorded as a binding instrument. Miss Susan Newton, who lives next door to this proposed rezonin said it is non-conforming now and would be even more so if it is changed to an MC zone. Concerning off-street parking, the Zoning Ordinance states that the driveway shall be at least 10 feet from a side lot - it is no more than 3 or 4 feet off of theirproperty line. It does not comply with the Comprehensive Plan. It is more of a natural transition now• from the MC zone due to the parking fa- cilities for the Long-Term Care Facility. The Planning Commission voted unanimously against this rezoning. Mrs. Dorothy Byers, of 59 Ayrlee Avenue, said she and her hus- band oppose this - their property backs up to the Hospital too and they have the same impact that this property has. They do not agree with Mr. Givens - they have noise, truck loading zones and parking behind them. They feel this would set a precedent in that it would affect the future sale of properties along Old Waterford Road. There are other properties bordering Ayrlee Subdivision and, if this is changed, those could be also. Mr. Gerry Cassidy, also of Ayrlee Avenue, said they oppose this invasion of their neighborhood - they are only taxpayers - they can ' t hire someone to represent them. What ' s next? Mayor Rollins declared the public hearing closed. This matter will be sent to the Finance and Administration Committee to consider the comments made and the Planning Commission ' s recommendation. They will report back their recommendation for action at the next Council meeting. MANAGER' S REPORT: (1) Mr. Niccolls highlighted items from the written Activity Report as follows : (a) Interviews have begun for those persons to be involved in the Community Development program. Two of these interviews have been held and two are scheduled for later this week. (b) The second stage application for the South Harrison Street project has received the expected approval. In addition, a monitor- ing report on the prior year ' s activities has been received and was favorable to the town ' s previous activities . (c) Mr . Forbes has looked into a new section of the State Code concerning smoke detectors. It appears that the proper way for this matter to proceed is an amendment to the County' s Building Code that is being prepared by their staff . This would require the installa- tion of smoke detectors in existing multi-family structures . (d) He called attention to the schedule for street recon- struction and resurfacing. There is an extra 10 days built into this schedule for bad weather, so this work should all be completed for August Court Days. The contract includes four distinct projects: (1) the downtown work; (2) the improvement of Market Street in the vicinity of Bishop-Criste and running eastwardly; (3) the double chip seal of Sycolin Road; and (4) about $32 , 000 worth of actual street resurfacing on existing residential streets. MINUTES OF JUNE 24 , 1981 MEETING. 123 (e) There is a letter attached to the report addressed to the contractor on the Water Plant from our engineer pointing out that the computerized construction progress schedule for the project shows they are 173 days behind schedule - an increase of 23 days over the March update. This would mean they would not complete the project until June 7 , 1982 - they are obligated under our con- tract to complete the project by September 30, 1981 . There are a number of things this implies in addition to the delay in comple- tion of the work. It is a mildly serious condition that Council has been made aware of before. 111 (f) We have actually received the check from the Century Aviation bankruptcy matter . (2) A letter was received yesterday from the U. S . Postal Service concerning the old Post Office downtown building. They have declared the building surplus and for sale at fair market value to (1) State, (2) County and then (3) City government. In the absence of any interest by these agencies, it will be adver- tised for public sale. This has implications of perhaps closing the post office and whether the town would have any need for it if other agencies are not interested. Mayor Rollins said the last he heard about it was that they were going to sell it, but retain 0 the post office there - the purchaser would be given the right to lease it back. He felt the town should give serious consideration to buying this property - he felt this would be a perfectly lo- cated building for the town to have. He asked Mr. Niccolls to Q contact the writer of this letter and find out more specific de- Q tails . - whether it would be at fair market value or 5t a cheaper price. Also, find out about the service - if the discontinue this as a downtown finance station - he felt the town should make a desired pitch to keep it there. That post office does almost as much business financially as the main post office. Find out the details so we can take some action. COUNCILMEMBER COMMENTS AND INQUIRIES : I/ Mr. Bos noticed that one of the new trees on East Loudoun Street has snapped. Mr. Niccolls said all of these failed - we just haven ' t gotten around to it. They will have to be replaced. Mrs. Hill asked if we did not include Douglass Park in the new closing hours for some reason? Mr. Niccolls said it is not town property. Mr. Tolbert said this would be under County Parks and Recreation. Mrs . Hill suggested we talk to them about it then. Mrs. Hill also asked if the Public Works Department decided to do away with the blinker light by the jail? Mr . Niccolls said he believed the Council did. Mrs. Hill suggested that we then put this light at the east "Y" . Mr . Niccolls said the Highway Depart- ment recently did a study of the traffic through there and one of their recommendations was that left turns be prohibited for west- bound traffic and that all such turns be shoved further west to Harrison Street. We have done nothing with this until the pave- ment work is done on Market Street - then we should look care- fully at that intersection in light of both recommendations . He believed a modification of that was discussed - no left turns dur- ing certain hours. Mr. Tolbert said he noticed that "a young nursery" is growing in the Tuscarora Creek channel down by Brandon. He also said he has been talking with Mr. Frye about tree limbs that obstruct the view at Second and King Streets - he said he would do it when he gets some free time. MAYOR' S REPORT: Mayor Rollins said he has had more complaints this week than he has ever had and all of them relate to inspections : (1) All of his neighbors have had their mowers burned_upthe- cause the strings left from the hydroseeding on the Waverly Heights project got tangled up in the mowers. They have made complaints to the Town Office. Inspections should have caught this. 124 MINUTES OF JUNE 24 , 1981 MEETING. (2) The wire fence put up on the Waverly Heights project is collapsing - it has not been stretched. (3) He has had two complaints concerning the brick sidewalk work. On every entrance there is a concrete entrance into the entrance and then there is a section of brick. Both complainants say the brick is collapsing from cars going over it. Why were these all not made concrete? Mr. Niccolls said they attempted to have a brick ribbon all the way down the street so that they had a depressed concrete base under part of the driveway apron; then mortar is placed about one inch thick and the bricks are bedded on the mortar and then sand swept. That pattern has held up under lighter traffic on West Loudoun, so they will take a look at this to see what is going wrong. This construction standard came from an architect, but they will take a look at the ones he points out. If necessary, they will change the stand- ard, but he hopes not. It could be defective workmanship. They will check into this. (4) The resurfacing job done at the entrance into Brown ' s Meadow is a bad job - he came by there and water was standing there. He felt this might have been corrected had there been an inspector there at the time the work was being done. They should be there on the scene at that time. It was very obvious that there was a de- pression there and he hates to see new work going in wrong and then have to tear it out and patch it up. He doesn ' t want to see it patched - tear it out if necessary and do it right. 81-0-12 - ORDINANCE - AMENDING SECTIONS 8-4 AND 8-7 AND REPEALING SECTION 8-8 OF THE TOWN CODE. On motion of Mrs. Hill , seconded by Mr . Tolbert, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. Sections 8-4 and 8-7 of the Town Code :.are_ amended to read -as :follows : : Sec. 8-4 . Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: GARBAGE: Wastes resulting from the handling, preparation, cooking and consumption of food and wastes from the handling, storage and sale of produce. MUNICIPAL COLLECTORS: Persons employed by the town, or the contracted agent for the town, engaged in the collection and transportation of refuse and garbage. PRIVATE COLLECTORS: Persons engaged in the collection and transportation of refuse and garbage from commercial, industrial, institutional or other establishments for com- pensation, not including the collector contracted by the town. REFUSE: Combustible trash, including but not limited to, paper, cartons, boxes, barrels ,, wood, excelsior, tree branches and yard trimmings; noncombustible trash, includ- ing but not limited to, metals, tin cans, glass, crockery and other mineral waste; and street rubbish, including but not limited to, street sweepings, dirt, leaves, catch-basin dirt and the contents of litter receptacles . "Refuse shall also mean furniture, springs, mattresses, stoves, ranges , refrigerators, dishwashers , dryers, tires, water heaters, toys, porcelain, carpeting tied in bundles of not more than three square feet cross-sectional area, whole christmas trees and similar household, commercial and institutional wastes. "Refuse" shall not include earth and wastes from building operations , nor shall it include solid wastes re- sulting from industrial processes and manufacturing opera- tions. • MINUTES OF JUNE 24 , 1981 MEETING. 125 STORAGE AREA : An enclosed area on private property of a commercial , industrial, institutional or other es- tablishment used for the storage of garbage or refuse. Sec. 8-7 . Municipal collection generally. (a) All refuse and garbage placed in accordance with Section 8-16 (a) shall be collected' by the municipal col- lector if prepared for collection as required by this chap- ter. Bulk refuse storage container collection service may be provided under a contract with the municipal collector. (b) The municipal manager or some other officer desig- nated by him shall have charge of the collection of garbage and refuse within the municipality. SECTION II . Section 8-8 of the Town Code is repealed. SECTION III . This ordinance shall be in effect from and after July 1 , 1981 . Mayor Rollins asked what is meant by "Bulk refuse storage container collection service may be provided under a contract with the munici- pal collector. "? Mr. Niccolls said the old provisions of the ordi- nance implied that the contractor was to pick up where he has not been collecting. He attempted to write a section that would state the Council ' s current wish, which is to basically handle multi- family projects, condominiums, etc . on a case-by-case basis - that is what this is intended to permit. It is intended to cover places such as Heritage Square and apartment buildings . We would not ren- der services until the Council ordered us to do so. Mrs. Hill asked if this would mean Heritage Square would have to make such a request? Mr. Niccolls said they have already done so - it would be prudent to have a Council resolution saying services will be pro- vided to Heritage Square. This would be a discretionary matter. Mayor Rollins felt if we provide service to one, we would be al- ' most bound to do this for all. Mr. Niccolls said "in a class" - Heritage Square is the only condominium attached single-family example in the community now. Certainly we would be obligated to furnish service to another such development. Mayor Rollins asked how this relates to businesses or commercial establishments? Mr. Niccolls said the contract says that businesses may be combined in a container if this is cheaper. The subsidy issue has not been addressed formally. This language relates to commercial as well as to residential refuse. Mayor Rollins asked if this means any individual business could petition the town to pick up their bulk refuse? Mr. Niccolls said they could ask, but it would be up to the Council to decide. Mrs . Hill asked what the definition of "bulk" is? Mr. Niccolls said it is intended to mean one station where all trash is placed and picked up by the collector . He said we are not trying to expand on the Council ' s obligations beyond what has already been authorized in the agreement with Grayson. Mr. Bos said if anything, it cuts back. Mayor Rollins understood that we now pay a certain sum to commercial bulk collectors, but not to residential . Mr. Niccolls said this is correct - however, he does not know that Council has dealt with this since we signed the contract. It would be appropriate to put this on a committee agenda. On motion of Mrs . Hill, seconded by Mr. Bos, it was proposed that Section 8-7 (a) be amended to read as follows : (a) All refuse and garbage placed in accordance with Sec- tion 8-16 (a) shall be collected by the municipal col- lector if prepared for collection as required by this chapter. Bulk refuse storage container collection service may be provided by the municipal collector as directed by the Council. There followed discussion concerning commercial service under the town ' s contract, with particular attention to the subsidizing of dumpster use by many commercial users. It was felt this matter should be dealth with separately. The amendment was unanimously adopted: 126 MINUTES OF JUNE 24 , 1981 MEETING . Aye : Councilmembers Bos, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. The ordinance, as amended, was unanimously adopted : Aye: Councilmembers Bos, M. Hill , Tolbert, Willis and Mayor Rollins . Nay: None. PETITIONER: Rev. Ronald Johnson said that Council is aware of the fact that the Loudoun Baptist .Temple is in litigation concerning the town ' s automobile license sticker on church-owned vehicles. He thought they had a gentleman ' s agreement over a year ago that they would be given no more tickets as long as the case is pending in Court. Last week he and his wife both received tickets. The Court ruled last year that tickets could not be written against them personally, but could be written against the owner of the ve- hicle, which is the church. He asked that Council take some ac- tion to restrain the issuance of such tickets until a decision is reached in this case. At present, the case is in the State Court of Appeals - they expect it to go to Federal Court, but that may be some time off - perhaps a couple of years. One officer did tell his wife that they have the right to ticket them whenever they see them. Granted, the law does give that privilege, but their position has not changed since they started this in 1979. He asked Council ' s endorsement of this request. Mr. Willis was not aware of this situation. Rev. Johnson briefly advised him of the situation. Mrs. Hill asked if they have considered buying the stickers and then, if they win the case, the money would be refunded? Rev. Johnson said that is not a conviction - it is a preference and they stand on convic- tion, which would not allow them to pay. If it comes down to selling those buildings and putting him in jail , this is what they will have to do - they will not pay taxes as a church. Mayor Rollins said the Attorney General is an advisor only, but he did rule that they could not be exempted. Mayor Rollins said there is no question that the Town cannot exempt them from paying taxes, but he felt the town does have the authority to order that they not be charged pending the litigation and, if they are unsuccessful, they would have to pay up the tax from the time they were not purchased. Mrs. Hill asked what the County does? Rev. Johnson said they have never taxed them and they have two vehicles in the County at the present. Mr. Niccolls said his only question concerning this request is that Mr. Martin study this carefully as to Council ' s action in the matter. The Council directing the officers not to enforce the law is an awkward position. Perhaps an agreed entry could be secured through the Courts so that Council is not directly in the position of ordering its police force not to enforce the law. This matter was heard in the Circuit Court and the Commonwealth' s Attorney prosecuted the matter - the Court ruled in favor of the town. If Council wishes that result, it may be another approach is possible. Other people who are paying this tax might have objection and would feel the Council is abdi- cating its responsibilities. Mr. Bos felt this matter should go to Committee, along with Mr. Martin ' s advice, with the church being advised with due haste. Rev. Johnson said there are two tickets now, with a Court date of July 20th. Mayor Rollins had no problem with Council ordering its police officers not to ticket these ve- hicles but, if Council wishes an opinion from the Town Attorney on this, it can be done before the date set for these tickets. Council will act on this at its July 8th meeting. 81-0-13 - ORDINANCE - AMENDING SECTION 2 . 1-2 OF THE TOWN CODE. On motion of Mrs. Hill , seconded by Mr. Tolbert, the following ordinance was proposed: MINUTES OF JUNE 24 , 1981 MEETING. ORDAINED by the Council of the Town of Leesburg in Virginia 127 as follows : SECTION I . Section 2 . 1-2 of the Town Code is amended to read as follows : Sec. 2 . 1-2 . Airport commission created. The Leesburg Airport Commission consisting of six mem- bers and hereinafter called the "commission" is created. The members shall be appointed by the council for terms of four years each beginning on July 1st of the year of ap- pointment. An appointment to fill a vacancy shall be for the unexpired term. A member of council shall be appointed by council as a voting member of the commission for a term concurrent with the member ' s term of office. The commission shall elect its convenor annually and may elect one of its members as its secretary. The commis- sion shall meet monthly or as determined by the commission. SECTION II . This ordinance shall be in effect upon its pas- N sage. C) Mrs. Hill said this gives Mr. Tolbert a vote on the Airport Commission. The ordinance was unanimously adopted : 7 Q Aye: Councilmembers Bos, M. Hill , Tolbert, Willis and a Mayor Rollins. Nay: None. 81-0-14 - ORDINANCE - AMENDING CHAPTER 12 . 1 OF THE TOWN CODE. On motion of Mr. Bos, seconded by Mr. Tolbert, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 12 . 1-10 of the Town Code, the classifica- tion of town employees by occupational group and pay grades, is amended to read as follows : Sec. 12 . 1-10 . Classification of town employees by occupa- tional groups and pay grades. Employees in the town service are classified in the fol- lowing occupational groups and pay grades : Occupational Pay Positions Grade Groups Executive-Managerial Director of Planning & Zoning 16 Director of Public Works - 16 Assistant Manager 17 " Director of Finance 17 Director of Engineering 18 Asst. to Manager for Community Development 15 Director of Utility Plants 16 Law Enforcement Parking Meter Attendant 4 " Police Private 10 " Private First Class 11 Corporal 12 Sergeant 13 Investigator 13 Lieutenant 14 Chief of Police 16 Administrative-Clerical Secretary 6 11Police Clerk 6 Receptionist/Secretary 6 ftBilling Clerk 7 Accounting Clerk 7 Secretary 8 ti Administrative Assistant 9 Administrative Assistant-Engineering 8 Executive Secretary 9 Accounting Supervisor 9 " Clerk of Council 10 128 MINUTES OF JUNE 24 , 1981 MEETING. Supervisory Shop Superintendent 12 Water Supply Superintendent " Street Superintendent 13 Utility Lines Superintendent 14 WPCF Superintendent 13 Technical Utility Maintenance Assistant 6 Senior Equipment Operator 8 " Meter Mechanic 8 " • Utility Plant Operator Assistant 8 Assistant Street Superintendent 10 WPCF Operator 10 Assistant Utility Lines Superintendent 10 Utility Plant Operator 10 " Utility Plant Maintenance Foremen 12 Laboratory Technician 11 Assistant WPCF Superintendent 12 Facility Inspector 13 Assistant Water Supply Superintendent 12 Construction/Maintenance Laborer 5 Maintenance Person 7 SECTION II. Section 12 . 1-15 of the Town Code, being the pay grades for compensation of employees in the town service, is amended to read as follows : Sec. 12 . 1-15. Pay grades and steps. The pay grades for compensation of employees in the town • service are as follows : GRADE A B C D E P C H I 4 8,425 8,850 9,275 9,750 10,250 10,750 11,300 11,650 19,450 5 9,025 9,475 9,950 10,450 10,975 11,525 12,100 12,700 13,325 6 9,650 10,125 10,650 11,175 11,725 12,325 12,925 13,575 14,250 7 10.325 10,850 11,375 11,950 12,550 13,175 13,825 14,525 15,250 B 11,050 11,600 12,175 12,800 -- 13,425 14,100 14,800 15,550 16,325 9 11,825 12,425 13,025 13,700 14,375 15,100 15,850 16,650 17,475 10 12,650 13,275 13,950 14,650 15,375 16,150 16,950 17,800 18,700 11 13,525 14,200 14,900 15,650 16,450 17,250 18,125 19,025 19,975 12 14,475 15,200 15,950 16,750 17,600 18,475 19,400 20,375 21,350 13 15,500 16,275 17,100 17,950 18,850 19,775 20,775 21,800 22,900 14 16,575 17,400 18,275 19,200 20,150 21,150 22,200 23,325 24,500 15 17,725 18,600 19,550 20,500 21,550 22,625 23,750 24,950 26,200 16 18,975 19,925 20,925 21,975 23,050 24,225 25,425 26,700 28,025 17 20,300 21,325 22,375 23,500 24,675 25,900 27,200 28,575 30,000 18 21,725 22,800 23,950 25,150 26,400 27,725 29,100 30,575 32,100 19 23,250 24,400 25,625 26,900 28,250 29,675 31,150 32,725 34,350 20 24,875 26,125 27,425 28,800 30,225 31,750 33,325 35,000 36,750 Grade Increment: 7 percent. Step Increment: 5 percent. Rounded to $25. SECTION III. Sections 12 . 1-48 and 12 . 1-49 . 2 of the town code are amended to read as follows : Sec . 12 . 1-47 . Hospitalization and insurance. (a) All employees of the Town, unless provided other- wise by these rules, are required to participate in group life, basic hospital/surgical-medical , major medical and dis- ability income programs as approved by the Town Council . The Town shall pay all of the total monthly individual pre- miums for said coverage described above. The individual em- ployee shall pay the additional hospitalization premiums for the spouse, family or other dependent coverages when coverage is requested by the employee except as may be provided herein. Sec . 12 . 1-48 . Retirement. (a) All eligible employees, in accordance with Section 12 . 1-46 of this Article shall participate in the Virginia Sup- . . V • MINUTES OF JUNE 24 , 1981 MEETING. 129 plemental Retirement System. The Director of Finance shall insure that the appropriate contributions are made to the system, and the program in general administered in accordance with Title 51, Chapter 3 . 2 , Sections 51-11. 9 thru 51-11 . 67 of the Code of Virginia as or may be amended. An equivalent amount in lieu of member contributions to the Virginia Supplemental Retirement System shall be paid by the Town after July 1 , 1977 as authorized by Sec. 51-111. 46 of the State Code. (b) The Town Manager may require an employee ' s retire- ment on January 1 after the calendar year in which the em- ployee has reached the age of 70. SECTION IV. A new section is added to Chapter 12 . 1 of the Town Code to read as follows : Sec. 12 . 1-49 . 2 . Employee option benefits program. The Town Council may from time to time make appropria- tions for an Employee Options Benefits Program under which a specified amount of money is provided annually for each N full time employee for benefits selected by the employee Q from a list of benefits approved by the Town Council. The Employee Option Benefits Program shall be administered by the Manager under the following general policies : Q (1) Employees shall elect from among approved op- C tional benefits on an annual basis. Employees are eligible for optional benefits after six months service. (2) Payments shall be made by the Town only to third parties providing employee benefits and not di- rectly to employees. Benefits and payments shall be prorated on a monthly basis. (3) The health, athletic condition and physical fit- ness of town employees is of interest and benefit to the Town as employer. Therefore, the manager is authorized to enter into group or master agree- ments with providers of health, athletic and physi- cal fitness services to employees electing such services. The agreements may provide for payments by the Town to the providers for health, athletic and physical fitness services rendered employees . (4) Each employee may elect to receive any number of the optional benefits available. The aggregate expenditure by the Town per employee shall not exceed the amount of money specified by the Coun- cil . Employees may purchase with their own funds additional optional benefits above the amount pro- vided by the Town. (5) Employees may elect as an optional benefit to have the Town pay for spouse, family or other dependent coverages up to the amount authorized by the Coun- cil for optional benefits. SECTION IV. This ordinance shall be effective for payrolls in the fiscal year beginning July 1 , 1981. Mayor Rollins asked what changes are made in this ordinance? Mr. Niccolls said the changes in the first section pertain to the positions - they were explained in the Budget. This provides for the position of Assistant Manager for Community Development; it creates the Director of Utility Plants as a department director; it changes the position of Superintendent of Water Supply from Grade 12 to Grade 13; it changes the pay grade of the Maintenance Foreman in the Utility Plants Department from an 11 to 12 ; Mainte- nance Assistant from 5 yo 6 ; it creates the position of Laboratory Technician and changes the pay grade of the Superintendent of Uili- ty Lines from a 13 to 14 . They are asking that Mary Mack' s position MINUTES OF JUNE 24 , 1981 MEETING. 130 be labeled Administrative Assistant. It also changes Bob Forbes ' title from Director of Community Development to Director of Plan- ning and Zoning. The latter part of the changes are definitely set out. A new section is added pertaining to the employee op- tional benefit program - this is to be dealt with later by the Council with a specific resolution. The ordinance was unani- mously adopted: Aye: Councilmembers Bos, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. 81-0-15 - ORDINANCE - AMENDING SECTIONS 17-1 , 17-1 . 1 AND 17-6 OF THE TOWN CODE . On motion of Mr. Willis, seconded by Mr. Tolbert, the follow- ing ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Sections 17-1, 17-1 . 1 and 17-6 of the Town Code are amended to read as follows : Sec. 17-1. Annual levy and rate of taxes . Taxes shall be levied and collected as provided by law on taxable real estate, tangible personal property and bank capital in the town for each fiscal year beginning July 1 and ending June 30 for the support of the town government, payment of interest on town debt and for other town purposes. Every person assessed taxes by the town shall pay them as re- quired by law. (1) Taxes on all real estate and all tangible personal property of public service corporations, shall be as follows : Rate of Tax per Classification of property $100 Assessed Value (a) Real estate $0. 17 (b) Vehicles used as mobile homes or offices as described in Sec . 58- 829 . 3 of the Code of Virginia 0 . 17 (c) All other tangible personal prop- erty except that listed in Sec. 58-829 . 1 of the Code of Virginia 1 . 00 (2) ! Taxes on all real estate and all tangible per- sonal property of public service corporations shall be as follows : (a) Real estate except as provided in (b) below 0. 17 (b) Real estate which has not been equalized as provided for in Sec. 58-512 . 1 of the Code of Virginia which shall continue to be assessed at forty per centum of fair market value 0 . 65 I/ (c) Tangible personal property 1 . 00 (d) Property classified as tangible personal property by the town before January 1 , 1966 , except that portion reclassified as real estate under Sec. 58-514 . 2 of the Code of Virginia 1 . 00 MINUTES OF JUNE 24 , 1931 MEETING. 131 Rate of Tax per Classification of Property $100 Assessed Value (e) Property classified as tangible personal property by the town before January 1, 1966 and re- classified as real estate under Sec. 58-514 . 2 of the Code of Virginia $0. 17 (3) The tax on all bank capital shall be at the rate of $0 . 80 per $100. 00 of the net capital of banks located in the town pursuant to Title 58 , Chapter 10. 01 of the Code of Virginia. Sec. 17-1 . 1. Tax relief for the elderly. (a) As used herein : (1) "Total combined income" means gross income from all sources of the owners of the dwelling residing there- in and of any relatives of the owner who reside in the dwelling, provided that the first $4 , 000. 00 of income of each relative, other than the spouse of the owner or owners, who is living in the dwelling shall not be included in such total. (2) "Net combined financial worth" means all assets of the owners of the dwelling and of the spouse of any owner who resides therein, including equitable interests, ex- cluding the value of the dwelling and the land in an amount not to exceed one acre upon which it is situated. (b) Any person not less than 65 years of age by December 31st of the year preceding the date of application, who owns or partially owns a dwelling as the sole dwelling of the person, shall be eligible for and may apply for an exemption or de- ferral of real estate taxes on such dwelling and the land in an amount not to exceed one acre on which it is situated, provided that : (1) The total combined income, as hereinabove defined, dur- ing the immediately preceding year cannot exceed $10 , 000. 00 . (2) The net combined financial worth, as thereinabove de- fined, as of December 31st of the immediately preced- ing year cannot exceed $35, 000 . 00. (c) Applicants who satisfy the requirements of this article may choose to have the taxes on the eligible property fully exempted or deferred. If an applicant chooses to defer his or her taxes, payment is not required until the applicant sells his or her interest in the property or one year after his or her death. Deferred taxes will not accrue penalty and interest, however, at such time these taxes become due again, because of failure to meet the requirements of the article, selling of one ' s interest or death of the appli- cant, the taxes shall accrue interest at 10 percent per annum. If an applicant chooses exemption, wn.the taxes are fully abated and are not recoverable by the to (d) Application for exemption or deferral provided for here- in shall be made not later than May 1st of each year for which exemption or deferral is sought to the director of finance on forms to be provided by him. The application shall be accompanied by an affidavit setting forth the names of all persons occupying such dwelling and stating that the total combined income and the net combined financial worth do not exceed the limitations set forth in subsection , (b) above. The director of finance may require an applicant to answer 132 MINUTES OF JUNE 24 , 1981 MEETING. questions under oath as to his requirements under this ar- ticle and/or to produce for inspection certified federal income tax returns for the preceding three years to estab- lish the total combined income or net combined financial worth as hereinbefore defined. (e) Any change in respect to total combined income, net combined financial worth, ownership of the dwelling or other factors which occur during the taxable year for which the affidavit is filed, and which has the effect of exceed- ing or violating the limitations and conditions of this ar- ticle, shall nullify any exemptions or deferral for the then current taxable year and the taxable year immediately follow- ing. (f) Real estate described in subsection (b) above shall be exempt from real estate taxes or such taxes shall be deferred under the provisions of this article for any year in which proper application is made, provided that, if the ownership of the property for which application for exemption or defer- ral is made is not held solely by the applicant or jointly with the applicant ' s spouse , then the amount of tax exemption or deferral hereunder shall be in proportion to the appli- cant ' s ownership interest in the subject real property as that ownership interest may appear. (g) Any person or persons falsely claiming exemption or deferral shall be guilty of a misdemeanor and, upon convic- tion thereof, shall be fined not less than $50. 00 nor more than $300 . 00 for each offense. Sec. 17-6 . Penalty and interest on delinquent taxes. Any person who shall fail to pay to the town treasurer, on or before December 5th of each year, the personal prop- erty and real estate tax then due and payable shall pay a penalty of ten percent on the amount of the unpaid tax pro- vided, however, that no penalty shall be less than $2 . 00. Interest at the rate of ten percent per annum shall be col- lected upon the principal and penalties of all such taxes and levies remaining unpaid from the 1st day of January of the year next following the assessment year. SECTION II . This ordinance shall be in effect upon its pas- sage. It was pointed out by the Mayor that this merely changes the real estate tax rate to $0. 17 . Mr. Niccolls pointed out that other changes include a minimum penalty for delinquent taxes of $2 . 00 and an increase in the interest rate on delinquent taxes from 8 percent to 10 percent per annum. There was lengthy discussion concerning the tax relief for the elderly, with particular atten- tion to the abatement or deferral of such taxes. Mrs . Hill had some reservations as to an abatement - however, the other two mem- bers of the committee were in favor of it. Mr. Taylor said all of the applications are for abatement - there are around 30 persons who apply for it and it costs the town about $3 , 000 . There was discussion concerning the upper limits of income exemption and it was felt the committee might want to give this more thought - it can be raised to $12, 000 , which would be in accordance with State law. The ordinance was unanimously adopted: Aye : Councilmembers Bos, M. Hill , Tolbert, Willis and Mayor Rollins. Nay: None. 81-82 - RESOLUTION - ESTABLISHING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN' S SERVICE. On motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : MINUTES OF JUNE 24 , 1981 MEETING. 133 The following positions and numbers of employees in the town service are established for the period beginning July 1, 1981 : Number of .Positions Authorized Employees -Authorized LEGISLATIVE DEPARTMENT Clerk of Council 1 EXECUTIVE DEPARTMENT Manager 1 Assistant Manager 1 Assistant to Manager for Community Dev. 1 Executive Secretary 1 Receptionist/Secretary, part-time Secretary (Community Development) , part-time FINANCE DEPARTMENT Director of Finance 1 0 Accounting Supervisor 1 Accounting Clerk 1 QPOLICE DEPARTMENT Chief of Police 1 Lieutenant 1 Sergeant 2 Corporal 2 Investigator 1 Private, First Class 2 Private 5 Police Clerk 1 ' — Parking Meter Attendant, part-time -'-q ENGINEERING DEPARTMENT Director of-Engineering Administrative Assistant, part-time Facility Inspector 2 Receptionist/Secretary, part-time PLANNING AND ZONING DEPARTMENT Director of Planning and Zoning 1 Administrative Assistant �4 PUBLIC WORKS DEPARTMENT Administration Director of Public Works Administrative Assistant 1 Streets Division Street Superintendent 1 Assistant Street Superintendent 1 Senior Equipment Operator 1 Maintenance Person 5 Laborer 4 Shop Division Shop Superintendent 1 Mechanic 1 UTILITIES Water and Sewer Administration Director of Public Works Director of Engineering Director of Utility Plants 1 Meter Mechanic 1 Billing Clerk 1 MINUTES OF JUNE 24 , 1981 MEETING. 134 Water Pollution Control Division Superintendent. _ 1 Assistant Superintendent 1 Operator 2 Operator Assistant 1 Water Supply Division Superintendent 1 Assistant Superintendent 1 Operator 1 • Operator Assistant 1 • Laboratory & Maintenance Division -- Maintenance Foreman 1 - - Maintenance Assistant 1 Laboratory Technician 1 Laborer, part-time Utility Lines Division Superintendent 1 Assistant Superintendent 1 Maintenance Person 2 Laborer 4 Total Personnel Authorized • Full Time 66 Part Time 3 Total 69 • Aye: Councilmembers Bos , M. Hill , Tolbert, Willis and Mayor Rollins. Nay : None. 81-83 - RESOLUTION - AUTHORIZING A CONTRACT FOR STREET RECONSTRUC- TION AND RESURFACING WITH TRI-COUNTY ASPHALT COMPANY. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager is authorized and directed to enter into a con- tract with Tri-County Asphalt Company for Street Reconstruc- tion and Resurfacing in accordance with specifications is- sued May 1981 by the Director of Engineering and the firm' s June 15 , 1981 unit price bid in the amount of $152 , 069 . 16. Mayor Rollins asked Mr. Niccolls if he was familiar with the tests done on the base of Route 7 - he had never known the base of Route 7 to be defective in 40 years. Mr. Niccolls explained what is be- ing done concerning this - there will be a very substantial road there that will be equally permanent - there will be 8 to 10 inches of compacted stone; then 6 inches of B-3 base asphaltic concrete and then an inch and a half wearing course on top of it. It will be a permanent city street - this is why we have told the Gas Company to get their connections lined up now. We are replacing the water main between these two blocks because we don ' t want to have to go back in there. Mayor Rollins asked about the hump at the Route 7 and 15 intersection? Mr . Niccolls said it is planned to do this when we do the north-south project. The existing catch basins constructed as part of the storm drainage work about three years ago basically set the grade for that entire intersection - the transition will be hardly noticable. Mayor Rollins asked if the Route 7 east widening project will include curb and gutter? Mr. Niccolls said there is already curb and gutter through all but a couple of those lots. It could have been added to the contract but it was not. The resolution was unanimously adopted: • MINUTES OF JUNE 24 , 1981 MEETING. 135 Aye: Councilmembers Bos, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. On motion of Mr. Willis, seconded by Mr. Tolbert, Council voted unanimously to go into executive session to discuss certain real estate and legal matters : Aye : Councilmembers Bos, M. Hill, Tolbert, Willis and Mayor Rollins. Nay : None. On motion of Mr. Tolbert, seconded by Mr. Willis, Council voted unanimously to return to regular session: Aye: Councilmembers Bos , M. Hill , Tolbert, Willis and Mayor Rollins. Nay : None. 81-84 - RESOLUTION - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1982 . O On motion of Mr . Tolbert, seconded by Mr. Willis, the following resolution was proposed and unanimously adopted: WHEREAS, the budget and the tax rate for the fiscal year end- - ing June 30, 1982 have been presented and reviewed by this a Council which approved a tentative budget and tax rate for the fiscal year ending June 30 , 1982; and WHEREAS, a public hearing on the tentative budget and tax rate was held on June 10 , 1981; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : ' SECTION I . The Budget for the fiscal year ending June 30, 1982 is adopted and appropriations are made for the fiscal year ending June 30 , 1981 in the amounts shown under the "FY 1982 Appropriations" column for the general, utility, air- port, revenue sharing and capital project funds, except as provided by other resolutions. SECTION II . The Manager, after notice to the Council, is authorized to transfer up to one-half of the amount of ap- propriations made herein to operations and maintenance ac- counts within the same budget division. Aye: Councilmembers Bos , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-85 - RESOLUTION - AUTHORIZING PURCHASE OF BACKHOE AND POLICE PATROL VEHICLES . On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows : SECTION I . The manager is authorized to purchase an Allis- Chalmers Model 715-backhoe with 15 ft. digging depth and 4 ft. Digmor dipperstick from Whitmore and Arnold, Pur- cellville, Virginia 22132 at a cost of $28 , 796 . 19 . SECTION II . The manager shall enter into a purchase agree- ment with Poquoson Motors, Inc . (4116 West Mercury Boule- vard, Hampton, Virginia 23366 for the purchase of two po- lice vehicles at a cost of $14 , 679 . 00 . g MINUTES OF JUNE 24 , 1981 MEETING. 13 6 Aye: Councilmembers Bos, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. On motion of Mr. Tolbert, seconded by Mr. Bos, the meeting was unanimously adjourned at 11 : 00 P .M. Mayor Clerk of Conch