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HomeMy Public PortalAbout1983_05_25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC 246 HEARING ON BUDGET FOR 1983-84 , MAY 25, 1983 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on May 25, 1983 at 7 : 30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Frank Raflo (in the audience) . Present were : Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey, Jr. , Reginald K. Gheen, Marylou Hill , John W. Tolbert, Jr. and Howard M. Willis, Jr. , ; also Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor, Assistant Manager for Community Development Marc Weiss, Director of Engineering Andrew G. Shope, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. On motion of Mr. Tolbert, seconded by Mr. Coffey, the minutes of the regular meeting of April 13 , 1983 and the special meeting of April 20, 1983 were unanimously adopted : Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. PUBLIC HEARING ON BUDGET FOR 1983-84 : Mayor Sevila said the Budget has been advertised in the Times- Mirror for public hearing tonight. Copies of the Budget and of the Capital Improvements Program are available in the Town Office, al- though a limited supply only is available. Mr. Bill Stout, who said he spent over 30 years of his life as a Federal bureaucrat, felt he knows the difference between a bureau- crat and an elected official or a politically appointed official. A bureaucrat is a professional - he implements policy - he does not make it. In this budget, there is a provision that the town manager has pretty complete control over the salaries of the professional staff of the town. He believes it is the duty and function of the elected officials to establish the policy on salary matters and the duty of the manager to implement that policy. It is not the duty of the manager to say what the policy will be and implement it without reference to the council . This is a bad precedent. The councilmembers were elected to fulfill certain responsibilities and he didn't believe the voters would be happy if they abdicate these responsibilities . He was in the Federal bureaucracy when the senior executive service was started - it was founded for one pur- pose - to politicize the professional civil service. We certainly don ' t want to follow that example here in Leesburg . This budget looks like an increase from 1983 to 1984 of from 24 to 25 percent. Other governments are limiting increases and inflation is supposed to be going down - this should take some thinking before Council votes Yes. Salary levels for public officials should be set by regulation under law which is not subject to the whims of somebody who might like one person and not another. These are the points he feels need some consideration. Mr. Frank Raflo said governments at all levels are constantly being plagued by an inability not only to get a budget that is pleas- ing, but to get a budget at all . Having been in the retail business in the past, he always asked "How is the business doing and what are we getting for our money?" - he applies this to government as well . Though he had not analyzed the figures in this budget, he has seen what has happened with the money that is being spent. In talking to people who live and visit here, the town has never looked bette it is cleaner - there has never been a greater air of optimism, certainly about the center of town. The bringing together of the county and the town in the annexation proceedings has given the people of Leesburg and the surrounding area an unmatched oppor- tunity for future growth. He very much likes what he sees and hopes the town will give them more of it . Mr. Niccolls said a Revised Budget, based on their workshops of the past couple of weeks, will be presented to the committees by the end of this week - Council can then decide whether it will adopt the budget at the June 8th meeting or the next one. MINUTES OF MAY 25, 1983 MEETING. Mr. Bos felt Mr. Stout and another citizen present tonight 247 should know that they have probably spent more time on the compo- nents of the salary issue than perhaps any other portion of the bud- get - it has been discussed at length and there will probably be more discussion before a vote. It is a difficult issue to decide - the merit pay system is becoming a way to do business - even in the government. The School Board last night discussed the fact that school teachers might well benefit from a merit pay plan. Mr. Gheen said that, although he has lived in Leesburg for many years, he has learned that the town government has a continuing com- mitment to deliver efficient public services to the citizens of the town in an effective manner with the resources which the citizens are willing to make available. It is the council ' s responsibility to balance the public ' s diverse needs with available resources - federal, state and local . It is also the council ' s responsibility to recognize that events have changed the direction of the town - most importantly, the incorporation of a substantial portion of ad- jacent county property - the land and improvements of new citizens - into a new expanded Town of Leesburg. With this, we have a com- pletely changed utility system, a new and not inexpensive water plant and the pending expansion of the sewer plant-all being geared up to OD accommodate growth at an accelerating rate . We must be able to un- derstand the import of these changes and prepare for them. Adminis- O trative techniques will have to change and new ideas will have to be maddressed and decisions made on whether or not they will be benefi- m cial for the town - the old and the new - as a whole. Some ideas may be good for the town, but they have to be pursued - some may not Q be. There may be advantages and disadvantages , but it is the coun- cil ' s responsibility to seek understanding of the new ideas and ad- ministrative proposals . He did not mean by understanding that you necessarily have to agree with them, but they have to understand the situation before they can really take competent action. Mayor Sevila stated emphatically that Council is not abdicating its responsibilities with regard to any aspect of town government - ' it is looking at a way of seeing that proper incentives, proper pay and proper methods of rewarding employees at the staff level are ap- propriately handled. There are no 25 percent raises in that budget for anybody - in fact, none of the eight department heads subject to the proposed merit scale will be receiving any raise at all ex- cept for the cost of living allowance (2 . 5 percent) . Perhaps this was misinterpreted by Mr. Stout. Maybe, as Council starts to home in more and more on this pay program proposed, it might be helpful to have a letter or memorandum available for anyonelwho might de- sire it explaining some of the refinements that have occurred as this goes through the consideration process. He hopes that the comments made by councilmembers when they vote on the budget will convey their attitude concerning their vote. Basically, the town manager is the employer of the staff and, as their direct employer, has to have some responsibility with respect to their performance and awards for that performance. As the town stafflgrows, it would become an impossible chore for Council to attempt to review the per- formance of each and every employee. The number islaround 77 now - this would be an enormous chore. Council employs the manager and looks to him to hire the staff and treat them fairly. Mr. Stout ' s questions concerning politicizing the meritlsystem are valid concerns that were raised in the workshop sessions r we will have to watch for them and, if it doesn ' t work, we will back away from it and implement another method of paying our employees . No-one on this council , whether that aspect is adopted or rejected, is abdi- cating any aspect of its elected responsibility. COUNCILMEMBERS ' COMMENTS : Mr. Bos said he and Mr . Coffey went to the Water Control Board final hearing on the 1984 priority list with Mr. Groschan last week. We will be needing these funds shortly to get our sewage treatment plant expansion going. He felt they received their comments well - he personally has no fear about our place on the priority list. The Water Control Board was particularly interested in the Dulles area watershed re-evaluation study NVPDC would like, but there is no fund- ing for this yet. Commissioner Miller asked a lot of questions con- MINUTES OF MAY 25 , 1983 MEETING . • 248 cerning this, particularly about the potential increase in plant cost if Leesburg has to go under the Phase II process . He did not know if this would reflect in NVPDC getting the money for this study or not, but they seemed to be favorably inclined . Mr. Groschan tried to give them some idea of the costs involved. Mayor Sevila thanked Mr. Bos for going down and carrying Council ' s sentiments - he had a prior commitment and could not go. Mr. Bos said this hearing was particularly interesting because it is the last scramble for 75 per- cent EPA money. It was good to have Mr. Coffey along too. Mr. Gheen commented on the re-striping of the crosswalks, etc . - it is a good job and he hopes the motorists will obey them. Also, he is concerned about the number of people who insist on walking, jogging and riding bikes in the wrong direction. It is pronounced on Dry Mill Road and Lee-Davis Avenue. There was almost a colli- sion this morning at the intersection of Lee and Davis Avenues - there were cars going in both directions and pedestrians on both sides of the road - two of them going in the wrong direction. Trac- tor-trailers still insist on trying to get on the By-Pass via Dry Mill Road - they go over the bridge and have to back up. Perhaps a sign at King and Catoctin indicating the By-Pass might prevent this. This happens two or three times a week. Mrs . Hill said the developers of Cedar Walk Subdivision (a 30- lot subdivision of duplexes near the Tennis Club) came to Planning Commission last week requesting a waiver of curb, gutter and sidewalk for one duplex to be built on 9 . 9 acres (the model home) . This is due to the fact that they have been delayed as a result of the in- terpretation of the Zoning Ordinance on duplex lots . They will be building the rest of the duplexes in the next few months . She has the preliminary plat on this development. She also has the plats on Willoughby Subdivision if anyone would like to see them (this is up on Sydnor Hill) . Also, the public toilets in the museum are com- ing along very well . Mr. Coffey reported that the Town Plan Task Force met last Satur- day in about a four-hour meeting - they were reviewing background data trying to coming up with recommendations for a Comprehensive Plan. Items such as jobs, transportation, public utilities, com- munity facilities and public finance were discussed. They put in priority many items under each of these categories. The staff will be publishing these findings shortly - they will be sent to the Coun- cil and the Planning Commission for review so that they might come up with some goals and objectives. It seems to be a pretty slow process but, at the same time, they are addressing hundreds of items . Every- one is contributing to it and it is very worthwhile . Mr. Tolbert said he visited the airport several days ago - the hangar project has been completed, as well as the paving, and they have sold all but three hangars. The airport really looks good. Mr . Willis asked if it would be possible to give a little more publicity the next time they have an Open House at the airport? They had a nice program lined up for last week, but the weathe heidn ' t cooperate - they need more publicity though. Mr. Minor sai& he Eown nor' the Airport Commission had anything to do with it. MANAGER' S REPORT: Mr . Niccolls called attention to the written Activity Report distributed on Monday. On June 3 at 9 : 30 , the Flight Service Station lease signing is to take place in the Council Chambers. This is scheduled in co- operation with Congressman Wolf , who stopped by the office last week to inquire about the status of our projects. He mentioned, with some certainty, that the Public Law 92-500 money, under which we receive our sewer grants, is expected to be appropriated in full by the next Congress . This will provide the funds sought in Richmond by Council- members Bos and Coffey. The next goal setting sessions will be June 14 and 28 at 4 : 00 p.m. In the Activity Report, under the Engineering Department, you will note that the West Catoctin Circle School Board agreement for 249 MINUTES OF MAY 25, 1983 MEETING. an easement for construction of the road was expected this week. Mr. Shope reports that the School Board, at last night ' s meeting, did approve the agreement, with the actual easement to be executed upon completion of the road. This will be coming to Council at the next committee meetings. Sometime ago there was considerable discussion of the traffic problems at Catoctin Circle and King Street South, with motorists actually turning the wrong way. We contacted the Highway Depart- ment and they made some suggestions for additional signs - they are in place. ALTERNATE ROUTES FOR SEWER LINE TO FLIGHT SERVICE STATION AT AIRPORT: Mr. Niccolls said a major decision needs to be made as to the location of the sewer line to serve the Flight Service Station at the airport. A preliminary engineering report was done last summer at the time of the application to FAA for the station to provide cost estimate and feasibility information about the sewer line. This report said a line running south on Sycolin Road, extended across the By-Pass and connecting to the interceptor sewer, would connect it to a lift station and force main to serve the airport at a cost of roughly $350, 000 . After award of the lease to the town, it became obvious that some other alternatives should be carefully studied to determine the best routing for the sewer even before we select engineers to design the work. Since Dewberry and Davis had done the preliminary work and were willing to give us a speedy and competent job at a reasonable cost, we asked them to provide addi- tional preliminary engineering work so that a location decision could be brought to council for consideration. This work has been done and Jeff Chapin and our staff have put together sufficient in- formation for council to make a decision. Mr. Jeff Chapin, of Dewberry and Davis , pointed out on a map the location chosen for a sewage pump station (just east of Route 643 east of the airport) in orderto get up to the existing sewer. There are two alternatives to connect the system - Alternative A- runs roughly parallel to Route 643 all the way to an existing man- hole off of the Route 15 By-Pass Alternative B calls for pumping from the same location along another route to an existing manhole. These routes were selected to match the topography of the surround- ing area - part of the line is within the drainage area. On Alterna- tive A, you would be pumping flow through a force main up to a point - from there it would be gravity sewer - this would enable serving the "yellow" area with gravity sewer. Under Alternative B, the flow would be pumped through a closed pipeline to a point, from there it would be gravity sewage flow to tie into the existing Simpson Mid- dle School trunk sewer (there would be no pump stations needed in this area) . They had to look carefully at the fact that the FAA re- quires a clear zone in the runway area - this ties up about 30 acres and there can be no industrial development within this clear zone. This effectively eliminates much of this area for development. They have indicated on the map the proposed land use - therevould be residential development (11 to 2 dwelling units per acre) - on the other side of Route 643 two to four dwelling units per acre. There would also be a commercial-industrial area. A tabulation sheet was distributed to councilmembers, showing some decision factors, construction costs , amount of acreage for I/ industrial-commercial uses, residential acreage, total number of residential units that can be served in each drainage shed, develop- ment potential and some other comments . There followed a period of questions and answers. Mr. Chapin said that, on a cost basis, the two lines are very close - Alternative A - $347 , 000; Alternative B - 350 , 000 . Mr. Gheen pointed out that the opportunity for reimburse- ment on the line not through the school would be greater. Mr. Nic- colls said the potential number of residential units is 639 versus 269 - this is almost three times the residential acreage - the in- dustrial acreage is about the same . There is a greater potential from this aspect on Alternative A. 250 MINUTES OF MAY 25, 1983 MEETING. Mr. Niccolls called attention to a resolution proposed to be adopted tonight - this making a decision basically as to which water- shed they want to serve. Mrs. Hill asked about a map and Mr. Nic- colls said a copy of the evaluation data will be copied for Council, along with a small map showing the general location. Mr. Coffey asked if the cost figures are pretty much in line with the cost feasibility study? Mr. Niccolls said there is only about $7 , 000 difference - there has been no surprise in cost. It is intended to bring this project below this cost, using town forces to make some of the installations. He also said the schedule prepared for this work is very tight, with completion of the flight service sta- tion to be accomplished by March 1st. Next week Council will need to select and authorize a contract with the designers - there are just so many weeks for this and then just so many more for comple- tion of the project. Acting tonight would give two more weeks of engineering time. Mayor Sevila asked that this matter be delayed until we get to the legislation portion of the agenda. A fiyR-minute recess was declared by the Mayor, with Council rtereconvening,re1e recognized Mr. Joseph Trocino, member of the Econo- mis Development Advisory Committee for the town. 83-0-16 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE. On motion of Mrs . Hill , seconded by Mr. Bos, the following ordinance was proposed : WHEREAS, on January 6 , 1983 , the Leesburg Planning Commission initiated amendments to the Leesburg Zoning Ordinance regard- ing signs , driveway connections and zoning lots and sideyards for two-family attached driveways; and WHEREAS, on February 17 , 1983 , the Planning Commission held a public hearing at which time interested persons were given an opportunity to express their views ; and WHEREAS, on March 17 , 1983 , the Commission forwarded its recom mendation to Council; and WHEREAS , on May 11 , 1983, the Council held a public hearing at which time interested persons were given the opportunity to ex- press their views : THEREFORE, ORDAINED by the Town Council of the Town of Leesburg in Virginia as follows : SECTION I . Sec. 2-7-1- (o) of the Leesburg Zoning Ordinance is repealed. SECTION II . Sections 8A-1-6 , 8A-1-17 . 2 (b) (4) , 3A-3 (a) , 3A-3 (b) and 3A-3 (e) of the Leesburg Zoning Ordinance are amended to read as follows : Sec . 8A-1-6 Removal of Signs in Violation. The Zoning Administrator may order the removal of any sign erected or maintained in violation of this article. He shall give reasonable notice in writing to the owner of such sign or of the building, structure or premises on which sign is located, to remove the sign or to bring it into compliance with this article. Sec . 8A-1-17 . 2 (b) (4 ) Awning and canopy signs shall not exceed 10 square feet in area and marquee signs shall not exceed the limits provided for in (7) below. Sec . 3A-3 (a) Zoning lots shall be at least 8 , 000 square feet in land area for detached dwellings, 10 , 000 square feet in land area for each vertical two-familyattached dwelling, MINUTES OF MAY 25, 1983 MEETING. and 5 , 000 square feet in land area for251 each unit of a horizongal two-family at- tached dwelling with a common party wall. Sec. 3A-3 (b) Zoning lots shall be at least 75 feet wide for detached single family dwellings and 37 . 5 feet wide for each unit of a two- family attached dwelling. Sec . 3A-3 (e) Side yards shall be at least 10 feet wide except that side yards are not required between duplex units at the party wall . SECTION III . All prior ordinances in conflict herewith are re- pealed. SECTION IV. This ordinance shall be in effect upon its passage. Mrs. Hill said Sections 3A-3 (a) , (b) and (e) allow dividing duplex lots down the middle, such as in Cedar Walk Subdivision. Clarifi- cation of this ordinance is what has held up the developers of Cedar Walk. They have asked for a temporary waiver of curb, gutter and m sidewalk so they can build a model home - they will then start build- Nt ing the rest of the homes and then build the curb, gutter and side- CD walk. Mr. Gheen asked if there are any other potential subdivisions m or developments to be affected at this time? Mrs. Hill said there are none she knows of . Mr. Weiss said this will affect all R-2 zone- 00 ing. The ordinance was unanimously adopted : Q Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay : None. 83-0-17 - ORDINANCE - ADDING TWO NEW ARTICLES TO CHAPTER 16 OF THE TOWN CODE. On motion of Mr. Tolbert, seconded by Mr. Willis, the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . A new article to be known as Article IV, Uniform Real Property Numbering System, is hereby added to Chapter 16 of the Town Code to read as follows : ARTICLE IV. UNIFORM REAL PROPERTY NUMBERING SYSTEM Sec16-53 . System Established, Official Numbers and Records . A uniform system for numbering houses and principal build- ings in the town is established. All houses and principal buildings shall be numbered in accordance with the provisions of this article. The official numbers of houses and principal buildings within the town are shown on maps and records kept by the Director of Planning and Zoning. Sec . 16-54 . Compliance with Article. All principal houses and buildings within the town shall, upon the effective date of this article, be identified by ref- erence to the uniform numbering system adopted in this article and shown on the official numbering system map. Sec . 16-55 . Base Point and Quadrants Established. A base point is established at the center of the inter- section of King and Market Streets and the centerline of each MINUTES OF MAY 25 , 1983 MEETING. 252 said street shall constitute a baseline which divides the town into quadrants designated northwest (N.W. ) , northeast (N.E . ) , southwest (S .W. ) and southeast (S .E . ) . (a) Market Street from the base point westerly is designated West Market Street and from the base point easterly is designated East Market Street. (b) King Street from the base point northerly is designated North King Street and from the base point southerly is designated South King Street. c All streets within the quadrant formed byWest ( ) Market Street and North King Street shall have a suffix of Northwest (N.W. ) ; all streets within the quadrant formed by East Market Street and North King Street shall have a suffix of North- east (N.E . ) ; all streets within the quadrant formed by South King Street and West Market Street shall have a suffix of Southwest (S .W. ) and all streets within the quadrant formed by South King Street and East Market Street shall have a suffix of Southeast (S .E . ) . Sec. 16-56 . Numbering System. (a) A base point for numbering buildings and street blocks is established at the center of the inter- section of King and Market Streets . The numbering of buildings on each street shall begin at the base point. Buildings in the first blocks north, east, south and west of the base point shall be numbered 1 to 99 . Grid lines, as shown on the property num- bering map, indicate the point at which numbers will change to the next higher hundred. Grid lines shall generally follow street blocks. All buildings fac- ing streets not extending through to the base line shall be assigned the same relative numbers as if the street had extended to the base line. (b) All buildings on the south side of east-west streets and west side of north-south streets shall bear odd numbers, and all buildings on the north side of east- west streets and east side of north-south streets shall bear even numbers. (c) Numbers shall be assigned by the manager on the fol- lowing basis : (1) One number shall be assigned consecutively to each lot or entrance in commercial, industrial and residential areas that are totally developed and in residential subdivisions . (2) One number shall be assigned for each 20 feet of frontage along a street in commercial, indus- trial and town house residential areas that are partially developed. (3) One number shall be assigned for each 50 feet of frontage along a street in partially de- veloped residential areas other than town house developments. (4) Buildings shall be assigned the number indi- cated by the 20- or 50-foot interval in which the main entrance of the building falls. In measuring intervals of street frontage, if the main entrance of the building falls exactly upon the line which divides a 20-foot interval from the next higher interval , either the number of the lower interval or the number of the next higher interval will be assigned to that en- trance. MINUTES OF MAY 25, 1983 MEETING. 253 (5) Multi-family dwellings having one main en- trance shall be assigned one number. (6) Duplex houses having two front entrances shall have a separate number for each entrance. If both entrances fall within the same increment, the increment number shall be used for one en- trance and the preceding number or next highest number shall be used for the other. (7) All buildings on diagonal streets shall be num- bered the same as buildings on northerly and southerly streets if the diagonal runs more from north to south, and the same rules shall apply on easterly and westerly streets if the diagonal runs more from the east to west. Each principal building shall bear the number assigned frontage on which the front entrance is located. Sec . 16-57 . Number Survey, Assignment of Numbers . CO (a) A uniform number survey by the town shall be com- pleted within six months from date of adoption of O this article. Thereafter, each house and other prin- cipalm building located on any street within the town shall be assigned its respective number under the CO uniform system provided for in this article accord- Q ing to the survey. When the survey is completed and each house or building assigned its respective num- ber or numbers, the owner, occupant or agent shall place upon each house or building controlled by him the numbers assigned under this article. j (b) Numbers shall be placed on all existing buildings on or before the effective date of this article, or with- in twenty days after assignment of the number on new buildings as provided herein. The numbers used shall be not less than three inches in height and shall be made of durable and clearly visible material . (c) Numbers shall be conspicuously placed immediately above, on or at the side of the proper door of each building so that the number can be seen plainly from the street, except however, whenever any building is situated more than fifty feet from the street line numbers may be placed upon a gate post or other ap- 1 propriate place so as to be easily seen from the street or sidewalk. 1 (d) Houses and other buildings constructed after the original survey shall be numbered as provided- in this article. Sec . 16-58 . Effective Date. 1 The requirements for house and building numbers under the provisions of this article shall be effective July 1 , 1984 . SECTION II . A new article to be known as Article V, Street Names, is hereby added to Chapter 16 of the Town Code to read as follows : ARTICLE V. STREET NAMES Sec . 16-61 . In General . All names of existing streets within the town shall be retained and shall be so designated on the official street naming map cited in Section 16-62 of this article. MINUTES OF MAY 25 , 1983 MEETING. 254 Sec . 16-62 . Declaration of Official Names ; Adoption of Street Naming Map. The official names of the streets within the town are here- by declared to be those names shown on a map entitled "Street Naming Map, Town of Leesburg, Virginia, " on file in the office of the Director of Planning and Zoning. Sec . 16-63 . Streets Named in Future. The Planning Commission is empowered to assign names to all newly established streets. Sec. 16-64 . Street Naming Map To Be Kept Current. The Director of Planning and Zoning shall keep the street naming map current by adding streets and their newly designated names as soon as possible after such streets are established. Sec . 16-65 . Ordinance Required For Change of Street Name . The name of any street designated by the official street naming map referred to in Sec. 16-62 or by subsequent designa- tion by the Planning Commission shall not be changed except by ordinance. SECTION III . All prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shall be in effect July 1 , 1984 . Mr. Willis urged everyone to vote for this - it is long overdue. There will be some inconvenience to a few people, but the benefits enjoyed later will far outweigh any expense incurred in the change. Mr. Bos echoed these comments - it is a great deal of inconvenience and expense to him personally because he has had new stationery and checks printed, so his personal costs will probably be between $300 and $500. It is overdue as far as the Rescue Squad and Fire De- partments are concerned and beneficial as far as the life-saving aspect and the future planning and growth of the town are concerned. He fully supports it. To Mr. Sevila' s question, Mr . Weiss explained that base lines are Market Street and King Street and grid lines are those moving out to other blocks progressively. The ordinance was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay : None. 83-0-18 - ORDINANCE - AMENDING ARTICLE 13 OF CHAPTER 12. 1 OF THE TOWN CODE . On motion of Mrs. Hill , seconded by Mr. Coffey, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Article 13 of Chapter 12 . 1 of the Town Code is amended by adding a new section to read as follows : Sec . 12 . 1-43 . 1 . Emergency Weather Plan. (a) Employees are generally required to arrive at work during their regularly assigned hours under all weather conditions . Employees failing to report to work during bad weather or heavy snowfalls shall have the hours missed deducted from\vacation leave except in those instances where the manager has de- clared the emergency weather plan to be in effect. MINUTES OF MAY 25, 1983 MEETING . (b) Under extreme weather conditions such as blizzard, 55 hurricane, tornado and flooding, which make travel to and from work extremely hazardous , the town mana- ger may close the town office and discontinue all non-emergency functions until weather and travel conditions improve. Employees required to work during emergency conditions will include all po- lice officers on their assigned shift, the minimum number of utility plants personnel required to oper- ate the water filtration plant and water pollution control facility, snow removal emergency crews, per- sonnel assigned by the town manager to operate a com- munication base in the town office and such other per- sonnel requested by the manager to report to work. All other personnel are directed not to report to work during a declared emergency weather plan. (c) Employees directed not to report to work will not re- ceive any deduction in pay or leave during this period. Employees required to report will receive one hour of compensatory time for each hour worked during their regularly assigned hours in addition to their regular OD pay. This compensatory time shall be used within two weeks from the date it is earned and it may not be O converted to pay. Employees required to work hours outside of their regularly assigned shift when an m emergency weather plan is in effect will be paid over- OD time only at 11 times regular pay as provided in Sec- a tion 12 . 1-17 of the -Town Code. (d) During bad weather conditions employees should report to work unless directed to do otherwise by a depart- ment head or an announcement is made on the local radio and television stations that the emergency weather plan is in effect. During emergency weather conditions the manager may delay opening hours or close the town of- ' fice and operations early during which times these policies shall also apply. SECTION II . This ordinance shall be effective on its passage. Mayor Sevila asked if this would include department heads, etc . ? Mr. Niccolls said department heads do not accumulate compensatory time. They may or may not be directed to report to work, but they would not be subject to overtime or compensatory time provisions. The ordi- nance was unanimously adopted: Aye : Councilmembers Bos , Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay : None. PROPOSED ORDINANCE AMENDING SECTION 12 . 1-49 . 2 OF THE TOWN CODE RE EMPLOYEE OPTION BENEFITS PROGRAM. On motion of Mr. Willis, seconded by Mr. Coffey, a proposed ordinance amending Section 12 . 1-49 . 2 of the Town Code re Employee Option Benefits Program was unanimously deferred until some later time : Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay : None. 83-68 - RESOLUTION - AUTHORIZING AN APPLICATION FOR COMMUNITY DEVELOP- MENT BLOCK GRANT FUNDS . On motion of Mrs. Hill , seconded by Mr. Bos, the following reso- lution was proposed and unanimously adopted : WHEREAS, the Town of Leesburg was awarded a three-year, $1. 35 million community development block grant in June, 1981; and WHEREAS, the town is actively implementing this project; MINUTES OF MAY 25, 1983 MEETING . • 256 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The mayor shall execute on behalf of the town an application for third-year funding for the South Harrison Street community development project along with all required assurances. SECTION II . The manager is authorized and directed to submit an application to the Commonwealth of Virginia in the amount of $450, 000 for the South Harrison Street Community Develop- ment project in accordance with the South Harrison Street Com- ' munity Development Project Comprehensive Redevelopment and Re- vitalization Plan and the budget shown in a memo to Mayor and Council dated May 13 , 1983 . Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-69 - RESOLUTION - APPROVING A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOP- MENT, DIVISION OF LITTER CONTROL, FOR FUNDING OF LITTER CONTROL PROGRAM. On motion of Mrs. Hill , seconded by Mr. Tolbert, the following resolution was proposed : WHEREAS , Council recognizes the need for litter control within the boundaries of the Town of Leesburg; and WHEREAS , the Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of grants for the purpose of enhancing local litter con- trol programs : RESOLVED by the Council of the Town of Leesburg in Virginia as 1 follows : The manager shall submit an application requesting the town ' s $1, 669 . 00 grant allocation which, if approved, will be used for expansion of our present litter control program. Mr. Gheen said a recent memo presented to the committee said litter control would expand on that of the past - if we get this grant, will it be expanded to include once a week pick-up by ECHO at Plaza Park, an anti-litter program at the Park and clean-up at the Park? Mr. Niccolls said it will . Mr. Tolbert said Keep Loudoun Beautiful gets a certain amount of money each year for litter control - it is used for things like trash bags , etc . Mayor Sevila commented on the re- marks by Frank Raflo this evening concerning our clean town so, ob- viously, both the Town and KLB are doing an effective job. He was impressed by those comments. Mr. Tolbert said a tourist told him this spring that this is the cleanest town he has been in in the United States. Mr. Tolbert said he has been told that Frederick is also a very clean town. Mr. Coffey said it takes a lot of citizen participation as well to keep it looking nice. The resolution was unanimously adopted : Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-70 - RESOLUTION - ENDORSING CABLE SERVICE BY STORER CABLE OF LEESBURG TO THE 1983 LEESBURG ANNEXATION AREA. On motion of Mrs. Hill , seconded by Mr. Coffey, the following resolution was proposed and unanimously adopted: WHEREAS , the Leesburg Cable Television Advisory Commission supports cable service to the 1983 proposed Leesburg annexa- tion area under a permit which could-the granted pursuant to Section 15 . 1-23 . 1 of the Code of Virginia; and MINUTES OF MAY 25, 1983 MEETING . WHEREAS, the franchise contract between the Town of Lees- 257 burg and Storer Cable of Leesburg requires the franchisee to extend and make cable television service available to any area annexed by the town; and WHEREAS , the public welfare will be enhanced by an award made by the County of Loudoun to Storer Cable of Leesburg pursuant to 15. 1-23 . 1 of the Code of Virginia to serve the 1983 Leesburg annexation area: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : Cable service to the proposed 1983 Leesburg annexation area by Storer Cable of Leesburg pursuant to Section 15. 1-23 . 1 of the Code of Virginia is endorsed. Aye : Councilmembers Bos , Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay : None. 83-71 - RESOLUTION - ACCEPTING APPROXIMATELY 1650 FEET OF CATOCTIN 00 CIRCLE FROM VDH&T FOR MAINTENANCE. On motion of Mr. Willis, seconded by Mrs . Hill , the following CD resolution was proposed : mWHEREAS, approximately 1650 feet of Catoctin Circle between a West Market Street and Children ' s Center Road is now main- tained by the highway department because the pavement width is 24 feet rather than 30 feet required for the town to re- ceive maintenance payments from the highway department; and WHEREAS , construction of the new portion of Catoctin Circle between Dry Mill Road and the Children ' s Center Road requires connection to the portion of Catoctin Circle maintained by the highway department; and WHEREAS , the highway department will not issue a permit allow- ing the required connection unless the town agrees to accept the older 24-foot pavement section for maintenance : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The Town of Leesburg accepts for maintenance the 24-foot wide section of Catoctin Circle comprising approximately 1650 feet between Children ' s Center Road and West Market Street. Mr. Shope explained that we need to get permits from the highway de- partment to connect to their existing road from the Vo-Tech Center to West Market Street. Part of their condition is that we accept the road in order to connect to it - they won ' t issue us a permit to construct the new portion of Catoctin Circle if we don ' t. We intend to accept the road and widen it at a later time so we can receive maintenance payments . Mayor Sevila asked how long a period there will be that we do not receive maintenance payments? Mr . Shope said from the time we accept it (hopefully, tonight) until we do the chip seal (probably in October) . Mr. Niccolls said there is not much money involved - they figure we will lose about $3 , 000 a year, but we will quickly recover the cost of the chip seal . If we don ' t accept it, we can ' t connect on the north end, but we can still connect on the south end. Mr. Shope said we hope to include the chip sealing in our contract with Perry, but they probably won ' t do that until September. The resolution was unanimously adopted : Aye : Councilmembers Bos , Coffey, Gheen, Hill , Tolbert, Willis and Mayor Sevila . Nay: None. MINUTES OF MAY 25, 1983 MEETING. 258 83-72 - RESOLUTION - REQUESTING LOUDOUN COUNTY APPLY TO THE HIGHWAY DEPARTMENT TO MAINTAIN SECONDARY ROAD FUNDS FOR THE ROUTE 654 PROJECT. On motion of Mrs. Hill , seconded by Mr. Coffey, the following resolution was proposed and unanimously adopted : WHEREAS, the relocation and reconstruction of Route 654 in Loudoun County between Rt. 15 South and Route 7 East is an important road project for Leesburg and Loudoun County; and WHEREAS , approximately $300 , 000 has been allocated for that work by the highway department and the project has been in- cluded, at the request of the Loudoun County Board of Super- visors , in the highway department ' s six year plan : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : It is requested that the Loudoun County Board of Supervisors apply to the Virginia Department of Highways and Transporta- tion to maintain allocated secondary road funds for the relo- cation and reconstruction of Route 654 between Route 15 South and Route 7 East after that area of Loudoun County is annexed into the town. Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila . Nay: None. 83-73 - RESOLUTION - AUTHORIZING A CONTRACT WITH PERRY ENGINEERING COMPANY , INC . FOR CATOCTIN CIRCLE WEST CONSTRUC- TION. On motion of Mr. Willis, seconded by Mr. Coffey, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager shall enter into a lump sum contract with Perry Engineering Company, Inc . , P. O. Box 439 , Winchester, Va. 22601 for construction of Catoctin Circle West in accord- ance with the contract documents, plans and specifications dated April , 1983 by Bengtson, DeBell, Elkin & Titus in the lump sum proposal Alternate B submitted May 17 , 1983 at a contract price of $339 , 310 . 00 . SECTION II . An appropriation to remain in effect until the project is completed is made from the bond fund to Account No. 8200 . 703 , Catoctin Circle West Construction, in the a- mount of $290 , 000 . SECTION III . An appropriation to remain in effect until the project is completed is made from the utility fund unappro- priated balance to Account No. 8200. 703, Catoctin Circle West Construction, in the amount of $60, 000 . Mr. Niccolls said there are additional funds in the appropriation to provide for contingencies that might arise during the course of the work. The chip seal could easily be done within this amount unless something else comes up. The dogwood trees could be relocated with- in this amount also. The resolution was unanimously adopted: Aye : Councilmembers Bos, Coffey, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay : None. 83-74 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 1983 . On motion of Mr. Willis , seconded by Mrs . Hill , the following resolution was proposed and unanimously adopted : r. MINUTES OF MAY 25, 1983 MEETING . C WHEREAS , the Mayor and Council and Airport Commission have 2G n determined that the printing of a Leesburg Airport Market- ing Brochure is essential to the continued success of Lees- burg Airport and its fixed base operators : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : An appropriation is made from the Airport Fund unappropriated balance to Account Number 6000 . 230, Advertising, in the amount of $660 for fiscal year 1983 . Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-75 - RESOLUTION - ESTABLISHING A GENERAL LOCATION FOR THE AIRPORT SEWER SYSTEM. On motion of Mr. Coffey, seconded by Mr. Gheen, the following resolution was proposed : 00 WHEREAS , lease payments from the Federal Aviation Administra- T tion were calculated to include debt service on the construc- Otion of a sewage collection system and pumping facility to m serve the automated flight service station; and [n WHEREAS, the location of the sewage facilities will have an Q important impact on residential , commercial and industrial growth within the Leesburg Airport area; and WHEREAS , two separate studies conducted by the engineering firm of Dewberry & Davis demonstrate that sewer route alterna- tive A along Route 643 is the overall better location for the proposed sewage facilities : IITHEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The location and alignment of the proposed sewer collection sys- tem and pumping facility to serve the automated flight service station shall generally follow alternative A as shown in the Dewberry & Davis preliminary engineering report dated May 25, 1983 . Mr. Bos asked if we have names of any property owners along this route who might be interested in development? Mr Niccolls said there is interest in development of two tracts, but they did not take those values into consideration on the tabulation because they are very uncertain and staff will be proposing a system for special reimburse- ment fees to be attached to extensions or connections on the new sewers. It is felt we will want a reimbursement mechanism when we install sewer lines of this type in advance of immediate need so the benefiting properties, when developed, will pay the cost just as they would pay the cost under the system presently in place for future sewer lines . (Under this system, when a sanitary sewer or storm sewer line is on the approved Master Plan and an upstream property owner benefits by that future construction, he is required to pay the town funds for his pro rata share of the construction costs . ) There will be legislation proposed later this summer for this routing, as well as the new water line to be constructed in Ca- toctin Circle, which will also open up new development. Their pro rata share will be calculated, based on proposed use, and a fee levied at the time connections are made. We have such a protection agreement on the J. Lupton Simpson Middle School line - this requires future connections be assessed a fee based on acreage (this is what the School Board insisted on and, as a result, they will never be repaid for that line) . Our system will be based on demand. On Al- ternative B, a developer would probably be paying fees both to the town and the School Board. Mayor Sevila felt that Mr . Chapin' s presentation was very effective and convincing. The resolution was unanimously adopted : MINUTES OF MAY 25 , 1983 MEETING . 260 Aye : Councilmembers Bos , Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. Mr. Coffey said Council is going to be faced with a decision on the cable television rate increase. He feels we should have a public hearing on this and he wondered when we should advertise this hearing. Mr. Minor said the cable commission has given them the responsibility to evaluate the increase, etc . The effective date of the rate increase will not be until August 1st - you can at any time delay the effective date by 120 days from the date of submission. There is a lot of time to make these decisions. He expected the commission will make a report at its first meeting in July. On motion of Mr. Tolbert, seconded by Mr. Coffey, the meeting was adjourned at 10 : 00 p.m. /6617 rj)64:t.)‘-- Mayor Clerk of ttjk Council