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