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HomeMy Public PortalAbout1981_07_22 145 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 22 , 1981. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on July 22 , 1981 at 7 : 30 p.m. The meeting was called to order by the Mayor, with the invocation by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Willis . Present were: Mayor Kenneth B. Rollins, Councilmembers Charles A. Bos, Stanley D. Herrell , Jr. , G. Dewey Hill, Jr. , Marylou Hill , John W. Tolbert, Jr. and Howard M. Willis, Jr . ; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. The minutes of the regular meeting of June 24 , 1981 were ap- proved as written. PETITIONERS : Mr. Robert Sevila, attorney representing International Pavilion Company, said there have been three meetings since the May 27th Council meeting and, at the last Finance and Administration Committee meeting on June 30, a series of proffers and agreements was reached and the property was delineated on a map. The proposed proffers and agreements were signed by the residents of Carrvale, as well as Mr. Stieff of International Pavilion, and submitted to the Finance and Administration Committee. At that meeting, Mr. Niccolls sug- gested that the proffer was untimely if they want to have it bind- ing on the developer when Council meets and acts on this rezoning because of a State Code provision which calls for a proffer to be written and submitted before the public hearing. Mr. Sevila asked that Council readvertise ZM-32 so that another public hearing can be held on that application. Their intention would be to sub- mit the proffers after the advertisement appears or prior to the next hearing. He was somewhat concerned that the notice might be misconstrued or misinterpreted, so he suggested that there be something in the notice to indicate that the petitioner is not asking the entire area be rezoned to 8-2 , but that it be rezoned consistent with the proffers submitted on June 30 . He hoped the interested parties might come to the Town Office to see these proffers. Mayor Rollins said these proffers have not yet been presented to this body, so the language would not be correct. Mr. Sevila agreed with this. He said his clients do not want to go to the expense of reapplying and the whole thing. As a re- sult of the hearing before, they have had some meaningful ses- sions - they have virtually waived everything they have asked for. Mr. Niccolls said Mr. Hill was absent from the last meeting and recapped the situation for him. Council indicated at that time that they would like the staff to determine how this appli- cation fits in with the proposal by KDA on the Comprehensive Plan. The staff report is not yet complete on this, but Mr. Dickerson of KDA recommends that all of this land be used for residential purposes. He feels that perhaps a 5. 5 acre tract along Edwards Ferry Road might be used for single-family attached houses or a small part as apartments. He pointed out that Edwards Ferry Road has always been residential in character. He feels that end of Leesburg already has enough apartments and sufficient commer- cial land to serve the area. He argues that rezoning is premature. There was some commercial land on the tract. The petitioners, in the annexation matter, received great benefits - they are, from any objective point of view, far better off in the town rather than in the County, particularly with regard to density and to the fact that they have water and sewer available. They are dealing with a government that is far more cooperative to the logical and proper development of their area and he hoped they would pay attention to this. There is no precedent for readvertising a rezoning hearing - it is certainly a break from the prior past. Mayor Rollins said the reason for another public hearing is that these proffers were not received before the other hearing. This is an unusual pro- cedure for the Council . Mr. Sevila said the precedent for this is that the State Code, under Section 15. 1-491. 2 says they shall be submitted before a public hearing - it does not say which one. Another section says they can hold one or more public hearings. They can' t do anything until they have some input from the con- cerned citizens . There will be future situations like this - 146 MINUTES OF JULY 22 , 1981 MEETING. there will be ligitimate problems in other rezonings. He felt this is a procedure that is being modified to fit a situation that needs resolving - he felt they are on safe ground. Mr. Herrell was a little surprised at Mr. Niccoll ' s remarks - he has indicated ever since they began a realistic attitude to- ward rezoning all of it. He was also surprised that anyone would say Edwards Ferry Road was a residential street. He believed every- thing except King and Market Streets was at one time residential. The County said they didn ' t want any more apartments in that area when they were suggested. He felt we need regional shopping areas or else we will end up with one large mall area - he believed the members attending wanted regional shopping areas . You have to "bite the bullet" and put them where you want them - in every in- stance you will have people against it. We will run into this every time we try to rezone land. They have to decide if they are going to go with the plan they decided on at their meeting or change every time a certain number of people are opposed. Mr. Bos said the issue at hand is how we are going to treat this appli- cation. International Pavilion was here before the proffers ever became an option. The question is: Is the original application still a meaningful application? Mr. Bos said it does open "a bag of pro- cedural problems. " This gives an applicant an opportunity to pre- sent something that will soon be advantageous to everybody. Mr. Herrell said they haven' t run into a proffer situation without having a problem. How does he find out before he hears the public? Mr. Bos said this also involved hiring a land planner at the begin- ning. He felt there would be enough time to consider KDA' s remarks if the hearing is not held until September 9 . Mayor Rollins felt it would be unconscionable that the planner would come up with com- ments against the zoning that has been in existence since 1959 - he didn ' t think he could downzone the property. He had serious doubts that this could be legally turned down. Mr . Herrell felt the people in Carrvale came up with a good compromise and a very good plan for that area - we can ' t ask these people to wait around two or three years. Mr. Hill asked if it is the Town ' s fault or the fault of the way it is written that land that is annexed is automatically changed to residential use? We had no control over this - it was the only way we could take it. Mr. Herrell said it was discussed and we were happy to have them ask for annexation. . He thought this was an informal understanding - this is a compro- mise on the part of all parties . Mr . Bos felt there may be some problems - transportation, streets, access, etc. are concerns - this should be considered. Mr. Hill felt it would be better for the proffer to be offered and considered by the Planning Commission before it comes to Council. Mayor Rollinssaid this is a procedu- ral problem throughout the State. He personally felt any proffers should be made when the application is submitted - then it would go to the Planning Commission and back to Council . Perhpas it might be proper for the applicant to have a conference with the Council or the Planning Commission before the application is made. Mr. Sevila said the Council asked for a proffer on May 27th and he feels this is the cooperative spirit in which this agreement was reached - you have to consider the chronology. They have com- plied with the traffic situation, zoning qualifications and trans- poration - all in an attempt to come up with something compatible with the owners and area residents. Mr. Tolbert asked how much land we have that is commercial? Mrs . Hill said there are 500 acres, but not all of it is being used as commercial. Mr. Her- rell understood that Council does not want any more apartments in that area. Mrs. Hill suggested asking for R-3 rather than R-4 . Mr. Bos asked if there are any doubts that this is being done in the proper way? Mayor Rollins said it is certainly satisfying the law. 81-93 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON APPLICATION #ZM-32 BY INTERNATIONAL PAVILION. On motion of Mr. Herrell, duly seconded, the following resolu- tion was proposed and unanimously adopted : MINUTES OF JULY 22 , 1981 MEETING. 147 RESOLVED by the Council of the Town of Leesburg in Virginia as follows : A Notice of Public Hearing to consider Application Number ZM-32 by International Pavilion Company to have rezoned from R-1 to B-2 , ± 63 acres of land located in the newly annexed area shall be published in the Loudoun Times-Mirror on July 30, 1981 and August 6, 1981 for public hearing on August 12 , 1981 at 7 : 30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. Mr. Niccolls assumed the applicant will pay for the readvertisement. Mayor Rollins said it has to be done in a manner that is legal. He suggested that the advertisement include the fact that Council is considering other lesser zonings as a result of the opposition from the people in Carrvale. The resolution was unanimously adopted: Aye : Councilmembers Bos , Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. Mr. Sevila called attention to a report from Mr. Stieff concerning paving in Carrvale. The portion that was to be finished by August 31st will be done by July 31st and all residents will have paving before winter. Mr. Hill said this makes him happy. MANAGER' S REPORT: (1) Mr. Niccolls said earlier he gave an oral report in re- sponse to what he thought was Council ' s request concerning the re- zoning - this report was based on a report from Bruce Drenning. He gave reasons for his recommendation and thought he gave them in a professional and proper way. Mr. Herrell responded that his re- marks were directed in some other motive - he didn ' t think he im- plied this, he merely reported what had been passed on to him by the consultant. (2) He highlighted some items from the Activity Report: (a) Randy Shoemaker, Andy Shope and he attended a meet- ing in Philadelphia with EPA officials today concerning the Sew- age Treatment Plant improvements. This was essential so they can determine what impediments stand in EPA' s view before funds can be released for this project. He feels we are prepared to answer all the issues raised. One very serious concern by EPA has to do with whether they perceive a real need for this project. They have promised a decision on a regional level in the next two weeks. We consider there is a great need and that they have funded similar projects. They have asked Council to conduct an "after the fact" public hearing within four weeks. He has talked with Mayor Rol- lins about this and, in order to meet these requirements, a lengthy advertisement was published today in anticipation they would agree and would proceed with a hearing on August 26th. If there is a problem, we can cancel this . Because of constraints in Water Con- trol Board funding in 1981 , we must move this project along. (b) Jeff Minor and David Grayson have completed an in- spection of all commercial establishments now served by Grayson ' s service. There is an ordinance recommended by the Public Works Committee pertaining to that. ' (c) We have received a number of complaints about the underground cable TV installation. He did not feel this is un- usual and they have been rushing the project. We have been as- suring residents that there will be complete restoration - that the firm is bonded to do this and we will hold them to this. We have been taking the complaints and referring them to the cable company. (d) Work on East Loudoun between King and Church Streets will begin Monday - the street will be closed for about three days. We will meet the August Court Days deadline by having all the brick work and paving: done. 148 MINUTES OF JULY 22 , 1981 MEETING. (e) The town contracted with Penetryn to do some Inflow/ Infiltration work and this has been completed. They have had good weather to do this work. (f) Construction should start next week on the Plaza Street Park. (f) An airport promotional effort is scheduled for July 25. COUNCILMEMBER COMMENTS AND INQUIRIES : Mr. Bos said the Leesburg Area Management Plan is being pre- sented to the Planning Commission. Mr. Hill asked what is meant concerning recruitment for an accounting supervisor? Mr. Niccolls said this is a position in Mr. Taylor ' s department - Monica Trapp resigned about six weeks ago. There are lots of jobs open for accountants . Mr. Hill understood that Rev. Johnson purchases a State license for his vehicles - what is the difference between that license and the one we require? Mr. Bos said his argument is that the State license identifies him and our tax is redundant. Mr. Willis called attention to several fire hydrants that are under growth - one at Morven Park Road and West Market Street and two more on Morven Park Road. Several people have said how nice the new cruiser looks . MAYOR' S REPORT: Mayor Rollins was disturbed about an article in the paper concerning a cemetery on the east side of King Street - the County Board of Zoning Appeals has approved a special exception for St. John ' s Catholic Church for this . He did not feel Mr. Forbes has authority to speak on this - it is a policy question. He (Mayor Rollins) has a very serious problem with this . The cost of mov- ing a cemetery is astronomical, as we have found out by experience with Potter ' s Field. He felt all such policy questions should come by the Planning Commission or Board of Zoning Appeals and should be directed to Council before an official response is made. Mr. Niccolls agreed there could be some future problems with this, however, he did not think Mr. Forbes was accurately quoted in the paper. He raised the issue on the referral request that the the Health Department be consulted. He will remember in the future that the Council should consider this type of thing. Mayor Rollins said there are some areas where private cemeteries can be a real prob- lem in future years . Mrs . Hill understood they are building a new church and want a new cemetery. It is not too far from where Ca- toctin Circle might come out. Mayor Rollins reiterated his state- ment that this is something the Council should respond to. 81-0-16 - ORDINANCE - AMENDING SECTION 8-7 OF THE TOWN CODE REGARD- ING CONTAINERIZED COLLECTION. On motion of Mr. Bos, seconded by Mrs. Hill , the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 8-7 of the Town Code is amended to read as follows : Sec. 8-7 . Municipal Collection Generally. (a) All refuse and garbage placed in accordance with Sec . 8-16 (a) shall be collected by the municipal collector if prepared for collection as required by this chapter. Commercial and Condominium garbage and refuse containerized collection service shall be provided by the municipal col- lector under the following conditions : MINUTES OF JULY 22, 1981 MEETING. (1) Where a business elects to purchase container- 149 ized garbage and refuse collection service from the municipal collecter in lieu of regular curb- side municipal collection, the Town shall make a monthly payment to the municipal collector in an amount equal to the regular commercial curbside charge. The municipal collector's charge for con- tainerized collection to the business shall be reduced by the Town ' s monthly payment. (2) Where a combination of businesses use one or more containers and the total charge by the municipal collector results in a monthly fee less than the combined total of the municipal collector ' s regu- lar curbside commercial collection fee per busi- ness , the ' Town shall pay the full monthly price for the container or containers directly to the municipal collector. If the container service charges are higher than the aggregate of the regu- lar curbside collection charges, the Town shall pay the curbside irate per business to the municipal col- ' lector who shall reduce its charges to the container N or containers by an equal amount. 0 (3) Where residential condominiums include limited pub- uct lic frontage which make curbside collection impracti- cal, the Town shall require the municipal collector Q to collect garbage and refuse from containers fur- l< nished by the municipal collectors. The Town shall pay the full applicable container service price set out in the then current contract between the Town and the municipal collector. (4) The Town reserves the right to establish and or ap- prove the container size, frequency and number of collections for all business and condominium usage subsidized by the Town. (b) The municipal manager or some other officer design- nated by him shall have charge of the collection of garbage and refuse within the municipality. SECTION II . This ordinance shall be in full force and ef- fect from and after its passage. After lengthy discussion, which included the fact that more businesses will want to take advantage of this as they find out about it and as their private contracts expire, the ordinance was unanimously adopted: Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. 81-0-17 - ORDINANCE - AMENDING CHAPTER 12 . 1 OF THE TOWN CODE TO PRO- VIDE FOR THE ESTABLISHMENT, SUPERVISION, AD- MINISTRATION AND IMPLEMENTATION OF A DEFERRED COMPENSATION PLAN FOR TOWN EMPLOYEES. On motion of Mrs. Hill , seconded by Mr. Bos, the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Chapter 12 . 1, Personnel Manual, of the Town Code is amended by adding thereto Sections 12 . 1-17 . 1 and 12 . 1-17 . 2 to read as follows : Sec. 12 . 1-17 . 1. Establishment, execution and amendment of de- ferred compensation plan. As provided in the Government Employees Deferred Com- pensation Act, Section 51-111. 67 : 14 et seq of the Code of MINUTES OF JULY 22 , 1981 MEETING. 150 Virginia (1950) , as amended, the town hereby adopts and establishes a plan of deferred compensation for its em- ployees. The purpose of the plan shall be to provide for the deferral of compensation to the participants. The plan shall exist in addition to all other retirement, pen- sion or other benefit systems available to the participants and shall not supersede, make inoperative or reduce any benefits provided by any other retirement, pension or bene- fit program established by law. The Town Manager shall exe- cute and deliver the plan to the Plan Administrator. The plan shall contain such terms and amendments as the Town Manager may from time to time approve, such approval to be conclusively evidenced by his execution thereof . Sec. 12 . 1-17 . 2 . Deferred compensation committee to ad- minister the plan. The Leesburg deferred compensation committee is hereby established. The committee shall consist of five members who shall by the time of their appointment and throughout their term be career employees of the town. Any vacancy shall be filled for the unexpired term in the same manner as provided herein for original appointments. Members shall serve for terms of four years with the first five members ' terms ending on June 30 , 1985 and ensuing terms ending every four years thereafter. The manager shall appoint five mem- bers by and with the consent of the Town Council . The com- mission shall elect its chairman and secretary annually Sand shall meet upon the call of the chairman or any two members. The deferred compensation committee shall have the power to do all things by way of supervision, administra- tion and implementation of a plan of deferred compensation, including but not limited to the power to contract with pri- vate corporations or institutions for service in connection therewith; provided, however, that nothing contained in this section shall be construed to authorize the deferred compen- sation committee to act beyond the limits of the plan. Mr. Hill thought the town should have some participation in how the money is spent. With this committee, at least they could say and then it could be passed on down through the ranks. He didn ' t feel we should be locked into one type of investment and should be able to shift it around without being penalized. This is a smart move to have this committee. He asked if this is acceptable to the Plan Administrator? Mr. Niccolls said they wrote it. Mayor Rollins asked for a definition of a "career employee"? Mr. Nic- colls said this is an employee serving past six months - it could be somebody in the Street Department, with the exception of a part- time employee. Student trainees would be considered temporary - there is a definition in the Personnel Manual that excludes them. The ordinance was unanimously adopted: Aye: Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. 81-0-18 - ORDINANCE - AMENDING SECTION 12 . 1-49 . 2 OF THE TOWN CODE. On motion of Mr. Willis , seconded by Mrs. Hill, the following ordinance was proposed : WHEREAS, the fiscal year 1982 budget and initial appropria- tions include for each full time employee $500. 00 for an employee optional benefits program; and WHEREAS, amendment of the Personnel Manual is required to establish guidelines for implementation of the program; ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I . A new section is added to Chapter 12 . 1, Personnel Manual, of the Town Code to read as follows: MINUTES OF JULY 22 , 1981 MEETING. • Sec . 12 . 1-49 . 2 . Employee option benefits program. 1 51 The Town Council may from time to time make appropria- tions for an Employee Option.- Benefits Program under which a specified amount of money is provided annually for each full time employee for benefits selected by the employee 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: (1) Employees shall elect from among the optional benefits shown below on an annual basis. New ' employees are eligible for optional benefits after six months service. (2) Benefits and payments shall be prorated on a monthly service basis. Not more than twenty- five percent of the annual allotment earned may be carried over to the ensuing fiscal year. (3) The health, athletic condition and physical fit- ness of town employees is of interest and bene- N fit to the town as employer. Therefore, the O manager is authorized to enter into group or master agreements with providers of health, athletic and physical fitness services to em- ployees electing such services. The agreements Q may provide for payments by the town to the pro- viders 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) Optional employee benefits are approved as follows at rates and terms to be approved by the Town Mana- ger : (a) Term life insurance up to $40, 000 per employee in increments of $10 , 000 . (b) Medical (including mental health) , dental and optional (including eye glasses and corrective lenses) expense reimbursements made semi-an- nually to the employee provided, however, no payments shall be made which duplicate bene- fits provided under the town ' s group health insurance plan or for expenses incurred for services to any dependent not covered by the town ' s group health insurance plan. (c) Employees may elect as an optional benefit to have the town pay for spouse, family or other dependent coverages up to the amount author- ized by the Council for optional benefits. SECTION II . This ordinance shall be effective for payrolls in the fiscal year beginning July 1, 1981. Mr. Hill asked if one of the options is the deferred compensation? Mr. Niccolls said it is not our intent to permit this at this time. Social Security tax is charged on deferred compensation and we would get into a problem on this. He did not feel it should be made a part of this program. Mr. Hill said you are paying taxes on this money that is deferred. Mayor Rollins asked if this is akin to the "Keogh Plan"? Mr. Niccolls said, in order to draw your money out, you have to have disposed of all your assets. On motion of Mr. Bos, seconded by Mrs. Hill, Council voted unanimously to change the open- ing paragraph under Sec . 12 . 1-49 . 2 to read as follows: 152 MINUTES OF JULY 22 , 1981 MEETING. The Town Council may from time to time make appropriations for an Employee Option Benefits Program under which a speci- fied amount of money is provided annually for each full time employee for benefits selected by the employee from the fol- lowing list of benefits approved by the Town Council. The Employee Option Benefits Program shall be administered by the Manager under the following general policies : Aye: Councilmembers Bos , Herrell, D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. The ordinance, as amended, was unanimously adopted: Aye: Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. 81-0-19 - ORDINANCE - AMENDING SECTION 17-1 . 1 OF THE TOWN CODE . On motion of Mr. Bos, seconded by Mr. Willis, the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 17-1 . 1 of the Town Code is amended to read as follows : 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 resid- ing therein 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 in- terests, excluding 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 Decem- ber 31st of the year preceding the date of appli- cation, 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 deferral of real estate taxes on such dwelling and the land in an a- mount not to exceed one acre on which it is situ- ated, provided that: (1) The total combined income, as hereinabove defined, during the immediately preceding year cannot exceed $12 , 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 ar- ticle may choose to have the taxes on the eligible property fully exempted or deferred. If an appli- cant 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 MINUTES OF JULY 22 , 1981 MEETING . . 1 D C and interest, however, at such time these taxes J') become due again, because of failure to meet the requirements of the article, selling of one ' s interest or death of the applicant the taxes shall accrue interest at 10 percent per annum. If an applicant chooses exemption, the taxes are fully abated and are not recoverable by the town. (d) Application for exemption or deferral provided for herein 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 accom- panied by an affidavit setting forth the names of all persons occupying such dwelling and stating that the total combined income and the net com- bined financial worth do not exceed the limitations set forth in subsection (b) above. The director of finance may require an applicant to answer questions under oath as to his requirements under this article and/or to produce for inspection certified federal income tax returns for the preceding three years to O establish the total combined income or net combined CT financial worth as hereinbefore defined. Q (e) Any change in respect to total combined income, net Q 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 exceeding or violating the limitations and conditions of this article, shall nullify any exemp- tions or deferral for the then current taxable year and the taxable year immediately following. (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, pro- vided that, if the ownership of the property for which application for exemption or deferral is made is not held solely by the applicant or jointly with the ap- plicant ' s spouse, then the amount of tax exemption or deferral hereunder shall be in proportion to the ap- plicant ' s ownership interest in the subject real prop- erty as that ownership interest may appear. (g) Any person or persons falsely claiming exemption or deferral shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50. 00 nor more than $300 . 00 for each offense. SECTION II . This ordinance shall be effective January 1, 1982 . Mr. Hill asked if the applicant qualifies this year will he have to file an application each year thereafter? Mr. Niccolls said this is not referred to here - it is in another section. Mr . Bos understood that the County is considering going to a $15, 000 total income limit. The ordinance was unanimously adopted : Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. 81-0-20 - ORDINANCE - AMENDING SECTION 17-56 OF THE TOWN CODE. On motion of Mr . Bos, seconded by Mr. Willis, the following ordi- nance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 17-46 of the Town Code is amended to read as follows : MINUTES OF JULY 22 , 1981 MEETING. 154 Sec. 17-56 . Same--Coin-operated amusement machines. Any operator, as defined in section 58-266 . 1A(11) of the Code of Virginia, selling, leasing, renting or otherwise furnishing or providing a coin-operated ma- chine or device for amusement shall pay an annual li- cense tax of $100. 00 on five or less machines, $150. 00 on six to nine machines and $200 . 00 on ten or more ma- chines', plus 0 . 1 percent on the gross receipts actually received from all such coin-operated machines or devices. SECTION II . This ordinance shall be in effect from and after July 1 , 1981 . Mr. Hill asked the reason for this? Mr. Niccolls said the General Assembly imposed another change this year. Mayor Rollins asked if enabling legislation enables us to charge anything we want or is there a maximum? Is the maximum permissible? Mr. Taylor said not for all categories - on the upper end it is $200 . 00: After some further explanation by Mr . Niccolls and Mr . Herrell, the ordinance was adopted by a vote of 6 to 1 : Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: Councilmember D. Hill . 81-94 - RESOLUTION - AUTHORIZING AGREEMENTS FOR EMPLOYEE GROUP IN- SURANCE . On motion of Mrs. Hill , seconded by Mr. Herrell , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia as follows : SECTION I . The Manager is authorized and directed to enter into insurance agreements with the Commonwealth Life Insur- ance Company through W. A. Watson & Sons Insurance Agency, 106 North Main Street, Farmville, Virginia 23901, for em- ployee group insurance as follows : (a) $10, 000 life, accidental death and dismemberment policy for all full-time employees at a monthly premium of $0. 45 per $1, 000 coverage, with the town paying all costs for the insurance. (b) Accident and illness insurance for all full-time employees providing a two year 60 percent indemnity, with a 30 day benefit elimination period at a pre- mium of $1. 30 per $100 payroll, with the town pay- ing all the costs for the insurance. (c) Basic and major medical health insurance for all full-time employees as described in a June 24 , 1978 proposal from W. A. Watson, III , of Commonwealth Life Insurance Company with the town paying the costs for the employees ' coverage at revised pre- mium rates, effective July 1, 1981 as follows : Individual employee $ 46 . 60 per month Employee and spouse only 96 . 66 " Employee and family 104 . 28 " Employee and dependent children 69 . 56 " SECTION II . Supplemental appropriations are made from the General Fund as follows for the fiscal year ending June 30, 1982 : Account No. and Name Appropriation • 1102 . 200 Fringe Benefits $ 40 . 00 1201. 200 Fringe Benefits 120. 00 1214 . 200 Fringe Benefits 80. 00 MINUTES OF JULY 22 , 1981 MEETING. 155 Account No. and Name Appropriation 3101. 200 Fringe Benefits $600. 00 3401. 200 Fringe Benefits 100. 00 4101. 200 Fringe Benefits 40 . 00 4102 . 200 Fringe Benefits 520. 00 4500. 200 Fringe Benefits 60. 00 SECTION III . Supplemental appropriations are made from the Utility Fund as follows for the fiscal year ending June 30, 1982 . Account No. and Name Appropriation 5000 . 200 Fringe Benefits $160 . 00 5100 . 200 Fringe Benefits 320 . 00 5200. 200 Fringe Benefits 120. 00 5300 . 200 Fringe Benefits 450. 00 Mr. Niccolls said the committee members, at their meeting, received a comparison of the rates and what the increase amounts to in the various categories. He thought we did very well rate-wise this year. Mr. Hill said this plan is far superior to the County' s plan. O Changes in Paragraph (b) were discussed and so ordered, making that T paragraph read as follows : 7 (b) Disability income insurance for accident and illness of Q all full-time employees providing a two year 60 percent a indemnity of the employee ' s average monthly salary, with a 30 day benefit elimination period at a premium of $1 . 30 per $100 payroll, with the town paying all the costs for the insurance. The resolution was unanimously adopted : Aye: Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-95 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE TO PROVIDE FOR CLUSTER DEVELOPMENTS. On motion of Mrs . Hill, seconded by Mr. Bos, the following resolution was proposed : WHEREAS, cluster developments can provide an economic en- vironmentally sound way of developing land for residential use; and WHEREAS, Section 13-63 of the Leesburg Subdivision and Land Development Regulations provides for cluster subdivisions; and WHEREAS, technical amendments of the Leesburg Zoning Ordinance are required before cluster developments can be approved under Section 13-63 of the Subdivision and Land Develop- ment Regulations; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : An amendment of the Leesburg Zoning Ordinance is hereby initiated to add a new section to be known as Section 8-2-11-8, Cluster Developments, to read as follows : 8-2-11-8 Cluster Developments. Cluster developments are permitted in the R-1 and R-2 districts subject to the following requirements : (a) Plats and plans shall be approved by the Leesburg Planning Commission in accordance with the requirements of Sec. 13-63 of the Town Code. MINUTES OF JULY 22 , 1981 MEETING. 156 . (b) The minimum gross area for a cluster de- velopment shall be three acres prior to any dedications of property for public use. (c) The approved plat and plan shall show the . lot area, yards and lot width as varied by the Commission and such plat and plan shall govern the future location of main buildings and accessory structures. (d) The minimum lot area shall be no less than one-half the required minimum lot area for the district in which the lot is located. (e) Yard requirements of this ordinance may be varied as approved by the commission in cluster developments provided the yard abut- ting any public street shall not be less than one-half the required minimum yard for the district in which the lot is located. (f) The minimum lot width may be varied as pro- vided for in Section 13-63 of the Town Code. (g) Except for variances allowed in lot area, re- quired yards and minimum lot widths, all other provisions of this ordinance shall apply. Mrs. Hill said the Planning Commission is hoping to get the "R" zones out of the Commission soon. Mr. Herrell asked if this al- lows for private roads? Mrs. Hill said this is different from that type of development. Mr. Niccolls explained that this does not deal with roads - these are dealt with under other ordinances. There is a distinction between a driveway and a road. He went on to explain that this is a provision which permits cluster develop- ments. Clustering, however, is an optional subdivision mechanism - it is subject to review by the Planning Commission. Mr. Herrell said this seems to him to be promoting cluster developments and if this permits the concept of private roads he is certainly not going to vote for it. Mr. Niccolls felt that the issue of cluster- ing does not have anything to do with roads or lots. The Subdi vision Ordinance provides very similar requirements, but the Zon- ing Ordinance does not have companion rules . This is a discretion- ary measure on the part of the Planning Commission. This resolu- tion really refers this to the Planning Commission. The resolution was unanimously adopted: Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill , Tolbert, Willis and Mayor Rollins . Naw: None. r 81-96 - RESOLUTION - AUTHORIZING AMENDMENT TO CONTRACT WITH BATTLE- FIELD CONTRACTORS , INC. FOR CONSTRUCTION OF PLAZA STREET NEIGHBORHOOD PARK. On motion of Mr. Willis, seconded by Mr. Bos, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall amend the Town ' s contract with Battlefield Contractors, Inc . , ::9240-B Mosby Street, Manassas. Virginia for construction of the Plaza Street Neighborhood Park to add` the fabrication and installation of timber play/ equip- ment, in line with Item 2 of the June 8 , 1981 proposal from Battlefield Contractors, Inc. , at a cost not to exceed $20 , 000 . Mayor Rollins asked when they will start? Mr. Niccolls said August 3rd and the contract is for 120 days. The resolution was unani- mously adopted: Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill. Tolbert, Willis and Mayor Rollins. Nay: None. MINUTES OF JULY 22 , 1981 MEETING. 157 81-97 - RESOLUTION - AUTHORIZING YOUNT, HYDE & BARBOUR, P.C. TO CONDUCT ANNUAL AUDIT. On motion of Mr. Herrell, seconded by Mr . Willis, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : Yount, Hyde & Barbour, P .C. , certified public accountants, is hereby authorized to conduct the annual audit for the Town of Leesburg at a cost not to exceed Eight Thousand Six Hundred Dollars ($8 , 600 . 00) unless the scope of the audit extends beyond normal circumstances, provided, however, that additional work due to federal audit requirements will be charged at an hourly rate of $53 . 00 to be in ad- dition to the audit fee of $8 , 600. 00 . Twenty-five (25) copies of the final report shall be delivered to the Town by October 31, 1981 . Mr. Taylor said this is $800 higher than last year (10%) . Mr. Nic- colls said there are more and more requirements each year to cover the auditors . The resolution was unanimously adopted : CD Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. 7 Nay: None. Q Q 81-98 - RESOLUTION - AUTHORIZING CONTRACT WITH MOBILE LIFTS, INC. FOR PURCHASE OF AERIAL TOWER. On motion of Mrs. Hill, seconded by Mr . Bos, the following reso- lution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. The Manager is authorized to enter into a con- tract with Mobile Lifts, Inc . , Norristown, Pennsylvania 19401 for the purchase of a Dur--A-Lift Model DFSL-32 aerial tower, in accordance with their bid of June 15, 1981 in the amount of $9 , 597 . 00 . SECTION II . An appropriation is made from the General Fund to Account No. 4400 . 707 , Equipment, in the amount of $9 , 597 . 00 for the fiscal year ending June 30, 1982 . Mr. Niccolls explained that this is a machine that will be added to an existing cab and chassis that will provide us a bucket for signals and other overhead work. It is to the point that we need these and it is in the budget. The resolution was unanimously adopted: Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert and Mayor Rollins. Nay: None. 81-99 - RESOLUTION - APPROPRIATING MOVING EXPENSES FOR THE ASSIST- ANT TO TOWN MANAGER FOR COMMUNITY DEVELOP- MENT. On motion of Mr. Herrell , 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 : SECTION I . The Manager is authorized to reimburse the direct out of pocket moving expenses of the newly appointed Assist- ant to Town Manager for Community Development subject to his relocation to Loudoun County. 158 MINUTES OF JULY 22 , 1981 MEETING. SECTION II . An appropriation is made from the General Fund to Account 1203 . 551, Moving Expenses, in the amount of $1800 for the fiscal year ending June 30 , 1982 . Aye : Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert and Willis. Nay: Mayor Rollins. 81-100 - RESOLUTION - SECOND PARTIAL RELEASE OF THE PERFORMANCE GUARANTEE FOR BROWN' S MEADOW SUBDIVISION. On motion, duly seconded, and there being no objection to consideration tonight, the following resolution was proposed: WHEREAS, Brownell, Inc . , developers of Brown ' s Meadow Sub- division, have requested a second partial release of the $167 , 000 performance guarantee for public improvements for that subdivision; and WHEREAS, Council has previously reduced this guarantee to $110, 720. 90; and WHEREAS , $153 , 800 . 00 of public improvements have been com- pleted in accordance with town standards; and WHEREAS, Brownell, Inc . understands that this partial re- lease is not an indication that the public facilities are accepted for maintenance and that they are solely re- sponsible for the condition of those improvements until such time as they are accepted. THEREFORE, RESOLVED by the Council of the Town of Lees- burg in Virginia as follows : The performance guarantee in the form of a set aside agree- ment is reducted to $13, 200. 00 . On motion of Mayor Rollins, seconded by Mr. Bos, the fourth para- graph was unanimously amended to read as follows: WHEREAS, this partial release is not an indication that the public facilities are accepted for maintenance and Brownell, Inc. is solely responsible for the condition of those im- provements until such time as they are accepted. Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. Mr . Hill said he did not want to see another Carrvale situation - he should not sell any houses until the streets are completed. Mr. Niccolls asked Mr. Hill if he is aware that the base is down - the only thing remaining is the top coat and the sidewalk. Mayor Rollins asked that he make sure there is a proper seal on the concrete apron - it makes a far better looking job. He com- mended Mr . Brownell on the first house he has built and was pleased with the way the sidewalks are being constructed. Mr. Brownell said a portion of the street is topped (past the first house) and the sidewalk will be built as they go around. This will be seve- ral years away even in the best of economic times. They have done everything they projected up to this point. They probably won ' t finish the surface until the whole thing is completed - he acI/ - cepted this responsibility. The people living there won ' t get the full services of the town until that time. The resolution, as amended, was unanimously adopted: Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. MINUTES OF JULY 22, 1981 MEETING. 81-101 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF 159 PUBLIC HEARING TO RECEIVE COMMENT ON THE REVISED LEESBURG WASTEWATER MANAGE- MENT FACILITY PLAN. On motion of Mr. Willis, seconded by Mrs . Hill, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A notice of public hearing to receive comment on the Revised Leesburg Wastewater Management Facility Plan and the Town' s application for funds in the amount of $273 , 375 under U. S . Public Law 92-500 to design expanded and upgraded wastewater treatment facilities shall be published in the Loudoun Times-Mirror on July 23, 1981 and July 30, 1981 for public hearing on August 26 , 1981 at 7 : 30 p.m. in the Coun- cil Chambers, 10 West Loudoun Street, Leesburg, Virginia. SECTION II . An appropriation is made from the Utility Fund to Account No. 5300 . 720 , Facility Planning STEP I , in the amount of $5, 000 for the fiscal year ending June 30 , 1982 . Mayor Rollins asked for what purposes the $5, 000 is to be used? Mr. Niccolls replied it will be used for engineering expenses, 7 travel expenses, etc . We thought we were out of STEP I , but we Q seem to be stuck. The resolution was unanimously adopted: Q Aye : Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-102 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF S . D. , JR. AND BETTY H. PHILLIPS FOR REVI- SION OF ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11 , TITLE 15. 1 OF THE CODE OF VIRGINIA, AS AMENDED. On motion of Mr. Herrell , seconded by Mr. Tolbert, the fol- lowing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The application of S. D. , Jr. and Betty H. Phillips for revision of the zoning district map, assigned No. ZM-35, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15 . 1 of the 1950 Code of Virginia, as amended. Mrs. Hill explained the proffer procedure. The resolution was unanimously adopted : Aye: Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. Mr . Herrell commented that Mayor Rollin ' s suggestion that an applicant for rezoning discuss his_proposal`infarmally with a mem- ber of the -staff is a good one. Discussion followed concern- ing this matter, with a request that the procedure to be fol- lowed when applying for rezoning be discussed in the Finance Com- mittee. Mrs . Hill expressed concern that the Council Chambers and other town-owned properties should be wired for fire and theft alarm systems. She also felt any plans for renovation of town- owned properties should come before the Council before restora- tion is started. Mr. Niccolls said a provision for this shall be incorporated into the lease for the new building. Plans for this property would have to come before the Board of Architectural Re- view. 160 MINUTES OF JULY 22 , 1981 MEETING. It was decided that committee meetings would be postponed until August 17 and 18 . There was discussion between Mr. Hill and Mr. Brownell con- cerning proposed improvements in Brown ' s Meadow Subdivision. Mayor Rollins asked if anyone has contacted the town re- garding the location of a Sheraton Inn here? Mr. Niccolls said efforts have been made to encourage this, but they apparently want to locate in proximity to Xerox. Mayor Rollins suggested this be pursued and Mr. Hill agreed. On motion of Mr. Willis, seconded by Mr. Tolbert, the meeting was adjourned at 10 : 45 P.M. Mayor a A00! Clerk of e Council