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HomeMy Public PortalAbout1984_06_13 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARINGS ON 122 ZM#47 - CAMPBELL AND ZM#48 - GRANT, JUNE 13, 1984. A regular meeting of the Leesburg Town Council was held on June 13, 1984 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Vir- ginia. 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 Mrs. Rosen. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey, Jr. , Marylou Hill, John W. Tolbert, Jr. and Charles J. Williams. Ab- sent at this time was Councilmember Howard M. Willis, Jr. Also present were: Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor, Director of Engi- neering Andrew G. Shope, Assistant Engineer Mohammed Alam, Assistant Manager for Planning and Development Marc Weiss, Director of Finance Donald 0. Taylor and Town Attorney George M. Martin. On motion of Mrs. Hill, seconded by Mr. Coffey, the minutes of the meet- ing of March 14, 1984 were unanimously approved as submitted: Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams and Mayor Sevila. Nay: None. PUBLIC HEARING ON ZM-47 - CAMPBELL: Mr. Weiss explained that the proposed rezoning is from R-2 to B-2, the property being located at the corner of Davis Avenue and South King Street. Essentially, a building was started on this property without a building per- mit - the permit was later obtained, but the applicant wished to use the build- ing for something that might not be permitted in the R-2 District. The adja- cent property is already zoned B-2 and is being used for an automobile repair facility and as a used car sales lot. The Planning Commission recommended ap- proval of the rezoning request, with certain screening agreed to by the appli- cant, specifically screening the old Wirt Street right-of-way between appli- cant's property and the Southgate II townhouse office project, and with screen- ing along South King Street (an important entrance to the town) . This was the major issue and this was dealt with under the proffers offered by the applicant to the Planning Commission. The adopted Town Plan shows the property as resi- dential, but it is surrounded by B-2 zoning. The new draft Town Plan, which has not yet been adopted, shows this area as an office -commercial - residential area. He believed the proposed rezoning to be appropriate - there is an exist- ing street between the applicant's property and an existing residential area. He pointed outthe area to be rezoned on the town map. Mrs. Hill added that he is to give a bond guaranteeing the screening and its maintenance for one year. Mr. Tolbert asked if he is adding to the existing building on this property? Mr. Campbell said all he did was raise the roof - construction is ongoing onto the back of the building. Ms. Deborah Welsh, counsel for the petitioners, emphasized that the appli- cant has met with Mark Nelis and worked out a plan to erect dogwoods and white pines at least six feet tall between the subject property and the Southgate town- houses. These trees will be planted between these properties 30 feet on center. There will also be dogwoods and white pines at the corners of South King Street. She submitted an affidavit stating that signs were posted on the property in com- pliancewith the. Zoning Ordinance and that they have been maintained until today. She also tendered a bond from Peerless Insurance Company stating that the trees will be planted on the subject property. The proffers were offered to the Coun- cil in May, with a resolution being adopted by the Planning Commission, setting forth that it would be recommended for approval subject to the bond and comple- tion bond - these have been provided tonight. The public hearing was closed. Mr. Willis joined the meeting during the public hearing period. On motion of Mrs. Hill, seconded by Mr. Williams, Council voted unani- mously to forward this matter to Council workshop for review of a staff report: Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and Mayor Sevila. Nay: None. PUBLIC HEARING ON ZM-48 (GRANT) : Mr. Weiss explained that this is an existing tract of land with two zoning categories. The majority of the tract is on East Market Street (B-2) , with a small area in the rear that is zoned R-2. The applicant is requesting that the entire parcel be zoned B-2. If this were left as is, they would have to pro- vide a buffer since it is adjacent to a residential zone. The Planning Com- MINUTES OF JUNE 13, 1984 MEETING. mission unanimously recommended this for approval. 113 Mr. Dennis Hanrahan, representing Mr. Grant, advised that there is a note from Mr. Forbes stating that a mistake was made when the lot line was drawn in 1959. So they are just asking for a correction from a residential to a business category. He submitted a letter from Mr. Grant, stating that the proper sign has been posted, in compliance with the Zoning Ordinance. Mr. Tolbert asked if this adjoins the Lininger property? Mr. Hanrahan said it is on the east - what- ever screening is used, Mr. Grant will check with Mr. Lininger for approval. Mr. Mike Rich, a resident of Edwards Ferry Road, said he is not really op- posed to this, but he is not in favor of it either. The proposed new land use policy for the town for this general area is proposed for low density residential use. He and others in this area all have a concern as to what will happen be- hind them - their concern is that there will be "a parade" before the Council asking for rezoning all the way up the road and extending the strip commercial along Route 7 along the back of their property lines. They would propose that Council follow through with the proposed land use policy and keep that area in low density residential. The public hearing was closed. On motion of Mr. Tolbert, seconded by Mr. Coffey, Council voted unanimously to refer this matter to Council workshop for further consideration: NAye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and WMayor Sevila. Nay: None. Q COUNCILMEMBER COMMENTS: Mr. Bos reported that the Economic Development Advisory Committee met this morning and considered a number of items. They continue to work on the State certification program. There has been a vacancy on this committee for some time and Council should think about replacing Dick Richards - he resigned a year ago. Mayor Sevila suggested having the applications for various Boards and Commissions available for review at the next workshop session. Mr. Williams said he and Mr. Curry visited the Police Department this week and went through the various facilities with Chief Kidwell. He has a very im- pressive organization and it seems to be efficient and cost-effective. They are looking forward to the Chief continuing his good operation. Mrs. Hill reported a couple of potholes on West Loudoun Street along the side near Westgreen. Mr. Tolbert reported that the airport project is coming along very well - they are shooting for a July 1st deadline. MANAGER'S REPORT: (1) The new street name signs have been partially delivered. Their ob- jective is to have all of them on posts and functioning by Friday of this week, however, Mr. .Niccolls was not sure they will make this. They would like to have them all available by the July 1st date and to remind those who have not changed their house and business numbers to do so. There is no misdemeanor penalty for not having them changed, but it would be a general penalty. It really would be a self-imposed penalty for those who fail to comply because the Post Office will stop delivering to old addresses after one year. There will be a reminder ad in the paper to alert people of the change. (2) The computer terminal now has connection to the data center at the Vo-Tech School and the Finance Department is getting its new financial manage- ment system up on the computer. Perhaps Mr. Taylor can give a better report on - this at a later time. There is a tremendous amount of work to get our system up on the "program." (3) The Planning Commission has scheduled lune 14th at 7:00 p.m. as its first workshop on the draft Town Plan. A numberYpeople have shown interest in this during the course of the Task Force work. No special mailing has been made to any one group. (4) The long-planned farmers' market is starting operations in July. Its future home will be at Market Station on South Harrison Street. In the meantime, MINUTES OF NNE 13, 1984 MEETING. 124 they hope to develop a clientele and a producers' group that will develop a mar- ket and a marketplace for farmers' goods. They hope this will be a real addition to the Leesburg downtown area and the community as a whole. (5) Personnel at the Wastewater Treatment Plant have begun overhauling one of the clarifiers at the plant - this is ongoing major maintenance work. This would be interesting for people to see while the tank is empty and down. (6) About 150 of the 200 letters sent to the residents in Country Club con- cerning street lights have been returned - the tabulation will be out for next week's meeting. (7) The engineering department reports they have some 32 projects working at the current time in various stages of application. This was anticipated so the additional staff added last year is certainly essential and timely. (8) He has asked Mr. Shope to get the Tuscarora Creek channel work out to bid immediately on the assumption that Council will approve the budget item for that expenditure. (9) There are reports attached to the agenda on the obstruction removal project at the airport and on the Flight Service Station building. Mayor Sevila asked where the $154,000 garage is located? This is the Good- year store. He also asked about the variance for Leesburg lighting? Mr. Shope said this is the addition of a pole barn in back of Leesburg Lighting adjacent to Drug Fair - they requested a variance from the Subdivision regulations so they would not have to reconstruct improvements on Catoctin Circle. The variance was to Mr. Ours. He also asked if it is the State Department of Aviation that is pay- ing for the paint to seal cracks along the airport runway? Mr. Niccolls said it is.' 84-81 - RESOLUTION - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1985. On motion of Mr. Tolbert, seconded by Mr. Willis, the following resolution was proposed: WHEREAS, the budget and the tax rate for the fiscal year ending June 30, 1985 have been presented and reviewed by this Council; and WHEREAS, this Council approved a tentative budget and tax rate for the fiscal year ending June 30, 1985; and WHEREAS, a public hearing on the tentative budget and tax rate was held on May 23, 1984; and WHEREAS, the manager has prepared the Revised Budget and Initial Appropria- tions for the fiscal year ending June 30, 1985 dated June 11, 1984 and filed the same with the Clerk of Council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Revised Budget dated June 11, 1984 is adopted and appro- priations are made for the fiscal year ending June 30, 1985 in the amounts shown to the categories and accounts under the "FY 1985 Initial: Appropria- tions" column for the general, utility, airport, revenue sharing and capi- tal projects funds. Capital project fund appropriations shall remain in effect until the projects are completed. SECTION II. The manager is authorized to make transfers from appropria- tions for pay plan adjustments to personal service categories as neces- sary to provide funds forpay adjustments in Grade 19 and 20 positions. SECTION III. Ingrade service increments and management level pay adjust- ments of up to 6.5 percent are authorized for payrolls during fiscal year 1985. SECTION IV. Proceeds of the general obligation bond sale dated May 1, 1983 in the amount of $80,000 previously designated for water and sewer system improvements are authorized to be used for airport improvements. The ap- plicable principal repayment and interest for $80,000 of the bond issue shall be transferred from the utility fund to the airport fund. MINUTES OF JUNE 13, 1984 MEETING SECTION V. The manager shall prepare appropriate legislation for 125 council consideration adopting revised fees and charges included as revenue in the adopted budget. 1 Mrs. Hill asked that Section II be changed to read "The manager is authorized with the advice and consent of the Council " Mr. Niccolls explained that this is identical to last year's budget after Council adopted the payy plan for managerial: employees. The plan calls for evaluations and pay changes, if eli- gible under its rules and goals, on a twice yearly basis with limits set out in the Personnel Manual. Because we don't know the level of pay adjustments when the budget is prepared, we don' t know the correct appropriations to put in the departmental accounts, so this money comes from an unallocated account. Sec- tion II is, therefore, an accounting method. Mr. Williams asked if this is over the 61 percent? Mr. Niccolls further explained that managerial employees are not eligible for in-grade service increments - they are only eligible for these pay adjustments as adopted last year. Mr. Williams asked if they could exceed the 61 percent? Mr. Niccolls said this plan provides for up to five percent adjustments on a twice-yearly basis, so they could. On motion of Mrs. Hill, seconded by Mr. Williams, it was proposed to amend Section II to read: SECTION II. The manager is authorized, with the advice and consent of Council, to make transfers from appropriations for pay plan adjustments .to personal service categories as necessary to provide funds for pay (v adjustments in Grade 19 and 20 positions. mMr. Bos protested this - they went through this for hours last year and he thought Q it was a good program "with the advice and consent of the Council" negates the whole idea of a bonus awarded by a professional manager. Council isnot in the business of setting individual pay increases. Mrs. Hill did not agree to take that power from Council. Mayor Sevila asked if she would be asking for approval of the total amount to make the pay plan adjustment or for approval of raises for each employee? Mrs. Hill said "for each employee." Mr. Williams understood that no raises would exceed 61 percent. Mayor Sevila did not feel it would be proper for Council to review each increase - they don't do this for the other 80-some 111 employees - this is one of the obligations of the manager. Mr. Bos voiced fur- ther opposition to this whole concept - it doesn't make any sense at all. Mayor Sevila asked Mr. Williams if he would be satisfied with a "cap" of 61 percent?" Mr. Williams felt very strongly that, if the manager is going to transfer addi- tional funds beyond that, Council approval is necessary. Mr. Niccolls believed that Section III of this resolution puts a fiscal year 1985 limit of 6.5 percent on all increases. Mr. Williams and Mrs. Hill both agreed with this and felt then that Section II would not be necessary at all. Mr. Niccolls further explained that the money for these managerial increases is in the Contingency Fund - if the transfers are not authorized, another run of personnel accounts would have to be set up out of that department - this was set up this way as an accounting mechanism to provide these funds. Mr. Willis was also opposed to Mrs. Hill's amendment. The proposed amendment was defeated by a vote of 5 to 2: Aye: Councilmembers Hill and Williams. Nay: Councilmembers Bos, Coffey, Tolbert, Willis and Mayor Sevila. Mr. Williams commented that he thought the budget took a big step forward this year - they were able to reduce the tax rate, but he thought it could have been reduced more. The tax dollar was never intended to be used for entertain- ment - the summer concerts and picnic should be provided with private sources - he finds these expenditures appalling. Council is the trustee of the funds of the town and the members should see that the funds guarantee the performance of only the vital assumptions of government. Therefore, he cannot support this bud- get, which contains these expenditures. Mr. Bos was pleased with the budget - he believes it is a compromise among most of the members on all the problems facing the town. The real estate tax portion of the General Fund is only about 25 percent of the budget - there is a lot more in the budget that affects the financial strength of the town. Leesburg offers a lot of services and a lot of quality town living for its tax rate. As the town grows, citizens demand more services and he feels they are responsive to the people that live here, however, many of our services do not benefit all our taxpayers equally. The concert series and brush collection add to the quality of life in Leesburg - the budget is good in that respect. He was pleased that they could keep a reasonable fund balance for working capital and cash flow. They have preserved some of the capital outlays as well - the tic6 MINUTES OF JUNE 13, 1984 MEETING. 126 storm sewer master plan and other capital projects. The Utility Fund was at one time (several years ago) going broke, but they programmed in three years of water increases, so they didn't discuss that fund this year. . He supported the pay scale for employees this year and hopes they can discuss this further in their goal-setting session - as to what kind of employees they are trying to attract and keep, etc. The town has accomplished a lot this year - brick sidewalks, trees, road paving, work at the airport. A lot has been done with our own forces - the flight service station sewer line and a lot of the road work. We also had a staff that had the initiative to obtain funding from the State and Federal agencies - that wasn't done ten years ago. The budget gives a lot for the buck and is a good compromise. Mr. Willis feels it is a good budget and supports it in its entirety. Mr. Tolbert was ready to vote. Mayor Sevila commented that this budget has undergone more careful scrutiny at the workshop level - this has been a very healthy exchange of views and atti- tudes, philosophies and ideas by council, public and staff. It is a much better budget as a result of this. Most of the very tough issues have been hashed out and compromises have been reached at various stages. He thought we had a budget that was acceptable to everyone. He doesn't feel the role of town government is limited to providing sewer, water, police and streets - there is a lot more the town could and should do, particularly when you consider the heritage ande . quality of life in this community. He .considers himself a trustee of that heri- tage, as well as of the funds of the taxpayers and makes his decisions consistent . .. with that desire. Awarding funds for a picnic for the employees, which has been reduced to $1,000, is an excellent opportunity for exchange of views-and ideas. As a result of this, morale and the town government are strengthened. This is only "seed" money - the actual expense is borne by the participants. He sup- ports the concert series and feels it does a lot for the quality of life and the economic development of the community - the budget contains only a por- tion of what they asked for. He believed this is an extremely acceptable bug- get and urged all councilmembers to support it. The budget was approved by a roll call vote of 5 to 2: Aye: Councilmembers Bos, Coffey, Tolbert, Willis and Mayor Sevila. Nay: Councilmembers Hill and Williams. 84-0-20 - ORDINANCE - AMENDING ARTICLE I. OF CHAPTER 17 OF THE TOWN CODE TO REVISE THE REAL ESTATE TAX RATE. On motion of Mrs. Hill, seconded by Mr. Coffey, the following ordinance was proposed and unanimously adopted: WHEREAS, the approved budget for fiscal year 1985 is balanced at a real estate tax rate of $0.18 per $100 assessed value: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 17-1 of the Town Code is amended to read as follows: Sec. 17-1. Annual Levy and Rate of Taxes. Taxes shall be levied and collected as provided by law on taxable real estate, tangible personal property and bank capital in the town for each fiscal year beginning July 1 and ending June 30 for the sup- port of the town government, payment of interest on town debt _and for other town purposes. Every person assessed taxes by the town shall pay them as required by law. (1) Taxes on all real estate and all tangible personal property, except the property of public service corporations, shall be as follows: Rate of Tax per Classification of Property $100 Assessed Value (a) Real estate $0.13 (b) Vehicles used as mobile homes or offices as described in Sec. 58- 829.5 of the Code of Virginia $0.18 MINUTES OF JUNE 13, 1984 MEETING. Rate of Tax per i ry Classification of Property $100 -Assessed Value 1 2 1 (c) Aircraft as defined in Section 53- 829.5 of the Code of Virginia of 1950, as amended $0.001 (d) All other tangible personal property except that listed in Section 58-289.3 of the Code of Virginia $1.00 (2) Taxes on all real estate and all tangible personal property of public service corporations shall be as follows: Rate of Tax per Classification of Property $100 Assessed Value (a) Real estate except as provided in (b) below $0.18 (b) Real estate which has not been equalized as provided for in Sec. 58-512.1 of the Code of Virginia which shall continue to be assessed at forty percentum of fair 1 'q market value $0.65 N (c) Tangible personal property $1.00 (d) Property classified as tangible personal CO property by the town before January 1, 1966 except that portion reclassified as real estate under Sec. 58-514.2 of the Code of Virginia $1.00 (e) Property classified as tangible personal property by the town before January 1, 1966 and reclassified as real estate under Sec. ' 58-514.2 of the Code of Virginia $0.18 (3) The tax on all bank capital shall be at the rate of $0.80 per $100.00 of the net capital of banks located in the town pur- suant to Title 58, Chapter 10.01 of the Code of Virginia. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage for tax year 1984. Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and Mayor Sevila. Nay: None. 84-0-21 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING A REVISED PAY PLAN, CLASSIFICATION PLAN AND CHANGE IN WORK HOURS. 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. Section 12.1-10 of the Town Code, Classification of Town Employees by Occupational Group and Pay Grades, is amended to read as follows: Sec. 12-1.10. Classification of town employees by occupational groups and pay grades. Employees in the town service are classified in the following occupational groups and pay grades: MINUTES OF JUNE 13, 1984 MEETING. h 128 - + Occupational Pay e Groups Positions Grade Executive-Managerial Director of Zoning 19 to " Director Utility Plants 19 " " Director of Public Works 19 " " Director of Finance 20 • " " Director of Engineering 20 " " Asst. Manager Planning/Development 20 " " Deputy Manager 20 Law Enforcement Parking Meter Attendant * 5 " " Police Private -1-@ 11 " u Private First Class -1t 12 " " Corporal -1I 13 " " Sergeant +3 14 u " Investigator 3-3 14 II II1 Lieutenant 9 16 " " Chief of Police 19 Administrative-Clerical Receptionist/Secretary 6 " Secretary 7 " II Police Clerk 6 7 " " Accounting Clerk 7 " " Administrative Assistant 9 , " " Executive Secretary 9 " " Accounting Supervisor 9 } . " " Administrative Assistant Planning 9 10 • u Clerk of Council 10 Supervisory Shop Superintendent 13 . " - Water Supply Superintendent +4 15 " Street Superintendent 15 " Utility Lines Superintendent 15 " WPCF Superintendent -1-4 15 Professional Assistant Engineer 15 Principal Planner 14 i IT Land Development Planner 9 12 Technical Utility Maintenance Assistant 7 " Senior Equipment Operator 9 . " Senior Meter Mechanic 8 9 " Water Supply Cperator Assistant 7 " Assistant Street Superintendent 10 " WPCF or Water Operator A 11 " WPCF or Water Operator B 10 " Asst. Utility Lines Superintendent 10 If Asst. Water Supply Superintendent 12 i " Utility Plant Maintenance Foreman 12 " Laboratory Chemist -1-1- 12 " Asst. WPCF Superintendent 12 " Facility Inspector 14 Construction/Maintenance Laborer 5 " " Maintenance Person 7 " " Laborer part-time 4 " " Mechanic 9 8 SECTION II. Section 12.1-15 of the Town Code, being the pay grades for compensation of employees in the town service, is amended to read as follows: I Sec. 12.1-15. Pay grades and steps. The pay grades for compensation of employees in the town service are as follows: I MINUTES OF JUNE 13, 1984 MEETING. 129 Grade Range 4 $ 9,275-13,925 5 9,925-14,900 6 10,625-15 ,950 7 11 ,375-17,075 8 12, 175-18,275 9 13,000-19,500 10 13,900-20,850 11 14,875-22,300 12 15,925-23,875 I 13 17,050-25,575 14 18,250-27,375 15 19,525-29,300 16 20,900-31 ,350 17 22,375-33,550 18 23, 950-35 ,925 19 25,625-38,450 20 27,425-41 , 150 - 21 29,350-44,025 22 31 ,400-47, 100 23 33,600-50,400 N SECTION III. Section 12.1-2 of the Town Code is amended to read as fol- W lows: m Q Sec. 12.1-2. Definitions. Where used within the context of these rules, the following words and terms shall have the meaning indicated below: (a) Board of Grievance Commissioners - Board appointed by the Town Council, of which a panel of three are selected to hear specific grievances regarding the application, meaning or interpretation of these rules. (b) Career employee - An employee in the classified service who has successfully completed the required probationary period. (c) Career Service - Collective term used to describe classified town employees who have completed the required probationary IIperiod and whose positions are governed by the merit principal. ' (d) Certification list - A list of applicants for a particular po- sition pre-selected by the Personnel Director, from which the manager makes appointments. (e) Classified employee - An employee whose position is listed in the classification plan. (f) Classification plan - The formal method used to identify and • group positions of employment based on duties and responsibili- ties. (g) Classified service - Collective term used to describe all posi- tions of employment based on duties and responsibilities. (h) Compensation plan - The formal method used to identify and uni- formly establish the amount of pay for all positions within the 111 - classified service. (i) Compensatory time - Additional time off given an employee who has worked in excess of his regular hours during a given payroll period, in lien of paid overtime compensation. (j) Demotion - The change of an employee from a position in one class to a position in another class having a lower pay grade and re- quiring the performance of less responsible duties. r� MINUTES OF JUNE 13, 1984 MEETING. 130 O (k) Department Heads - Collective term which refers to the Director of Finance, Chief of Police, Assistant Town Manager for Planning and Community Development, Director of Engineering, Director of Public Works, Director of Zoning, Director of Utility Plants, Deputy Manager and such other similar positions as shall be es- tablished by the Town Council. (1) Eligible register - A list of individual applications for each position within the Town compiled on a continuing basis by the Personnel Director, which meet the minimum qualifications for employment for a particular position. (m) Director of Finance - The Director of Finance for the Town of Leesburg. (n) Full-time employee - A non-seasonal employee whose regular work week equals or exceeds 36 hours. (o) Layoff - The temporary or permanent reduction in work force caused by lack of funds or work. (p) Panel - The three members of the Board of Grievance Commissioners selected in accordance with Article 21 of these rules. (q) Part-time employee - An employee whose regular work week is less than 36 hours. (r) Pay step - The numerical designation of a fixed salary range as- signed to a position class or group of classes. (s) Personnel Director - The department head selected by the Town Mana- ger to assume the additional duties of Personnel Director as pro- vided by these rules. (t) Position specification - A written description of the general duties, distinguishing features, examples of tasks and minimum requirements assigned to a particular position as a basis for classification. (u) Probationary period - The six month to one year period given to a new or promoted employee to demonstrate that he can perform the duties of the position in a satisfactory manner. (v) Seasonal employee - An employee whose continuous employment does not exceed six months during any one year period and who works the regular work week required for full-time employees within his de- partment. (w) Town - The Town of Leesburg in Virginia. (x) Town Manager - The Town Manager of Leesburg, Virginia. SECTION IV. Section 12.1-16 of the Town Code is amended to read as fol- lows: Sec. 12.1-16. Administration of Compensation Plan. (a) The rates of pay established in Section 12.1-15 are gross annual compensation for full-time service in the various classifications. The regular hours of work for full-time service are established as 36 hours per week for office personnel and 40 hours per week for outside personnel. Office personnel shall include employees in the executive-managerial oc- cupational group, professional group and the administrative-clerical oc- cupational group. Outside personnel includes law enforcement, technical, construction and supervisory occupational groups. The Town Manager shall determine the proper inclusion of positions within the office personnel group or outside personnel group. (b) Employees ' hourly rates shall be determined from the compensa- tion plan based upon the number of regular hours of work per week assigned the position using a 52 week year. The hourly rate of pay for employees appointed on a part time basis shall reflect, when practicable, the hourly rate determined for the applicable pay grade for the position based on the hours worked. MINUTES OF JUNE 13, 1984 MEETING. (c) The Town Manager shall include in his proposed fiscal year 131 budget any recommended changes to the compensation plan for considera- tion by the Town Council. (d) Deductions from employee gross pay to cover federal and state income taxes, contributions for social security (FICA) , hospitalization surgical insurance premiums, credit union and deferred compensation plan are authorized. (e) Compensation shall be payable in appropriate installments every other Friday for compensation earned through midnight of the previous Sun- day. SECTION V. Section 12.1-33 of the Town Code is amended to read as follows: Sec. 12.1-33. Vacation Leave. (a) Each employee in the service of the Town shall be credited with vacation leave after it is earned at the following rates: Regular hours worked Length Amount accrued Days per 2-week payroll of per 2-week payroll Accrued Icr period Service period Annually 80 5 years or 3. 70 12 N less m80 5 to 15 years 5.54 18 80 More than 15 7.39 24 years 72 5 years or 3.32 12 less 72 5 to 15 years 4.98 18 72 More than 15 6.65 24 years 40 5 years or 1.85 6 less 40 5 to 15 years 2.77 9 40 More than 15 3.69 12 years Employees working a regular 40-hour week (80-hour payroll period) shall use leave based on an 8-hour day. Employees working a 36 hour week (72 hour payroll period) shall use leave based on a 7.2 hour day. Em- ployees working a 20-hour week (40-hour payroll period) shall use leave based on a 4-hour day. (b) New employees shall begin accruing sick and vacation leave during their first full two-week payroll period worked (c) All requests for vacation leave shall be submitted to the applicable Department Head in advance for approval. In approving vaca- tion leave, department directors shall insure that during the period of approved leave, the employee is not scheduled to report for court ap- pearances or will be required to report to work because of staff short- ages, major scheduled projects, projected adverse weather conditions, or other reasons. The Town Manager shall approve the scheduling of all va- cation leave requests. (d) The Town Manager shall require that all employees use a mini- mum of five days of vacation leave of the total accrued during each year plus all of the vacation leave carry-over from the previous calendar year to effectively maximize the period of rest and recuperation provided through time off from work. Additional days accrued during the year which are not used may be carried over into the next calendar year only. Vaca- tion leave required to be used under these rules which lapses unused into MINUTES OF JUNE 13, 1984 MEETING. 132 the next calendar year unless time for use is extended by the Manager for a maximum of 30 days at which time the employee shall present an approved schedule to use the excess days during the extended period. SECTION VI. Section 12.1-34 of the Town Code being Sick Leave is amended to read as follows: Sec. 12.1-34. Sick Leave. (a) Each employee in the service of the Town shall be credited with sick leave after it is earned at the following rates: Regular hours worked per Amount accrued per Days accrued 2-week payroll period 2-week payroll period Annually 80 3.70 12 72 3.32 12 40 1.85 6 Sick leave is earned regardless of the years of service. Employees working a regular 40-hour week (80-hour payroll period) shall use sick_ leave based on an 8-hour day. Employees working a 36-hour week (72-hour payroll period) shall use sick leave based on a 7.2 hour day. Employees working a 20-hour week (40-hour payroll period) shall use sick leave based • on a 4-hour day. (b) Employees use of sick leave shall be limited to the following circumstances: (1) Personal illness or injury. (2) Visits to physicians, dentists, optometrists and other approved medical professionals for personal health care. (3) Quarantine. (c) To receive paid sick leave an employee must notify the appli- cable Department Head within four hours of his starting time unless some other arrangement has been approved by the Department Head. A physi- cian's statement or examination by a physician designated by the Town may be required. (d) At the close of each calendar year all unused sick leave in excess of 21 days shall be converted to extended sick leave credits. These credits shall accumulate annually and are used by an employee who has received the limit of his disability income coverage due to cata- strophic illness or other eligible long term incapacitating circumstance. (e) Employees who retire from the Town service shall be paid for 25 percent of their unused extended sick leave credits accrued during town employment. (f) Employees who have lost time because of illness or injury and have exhausted sick leave credits may have such time deducted from vaca- tion time. SECTION VII. Article 5 of Chapter 12.1 of the Town Code is amended by adding a new section to be known as Section 12.1-16.1 to read as follows: Sec. 12.1-16.1. Town Office Work Schedule. Office employees are permitted to establish individual work schedules totaling 72 hours per pay period subject to the manager's approval and the following guidelines: (a) Work schedules must include nine work shifts bi-weekly. (b) Work days shall be at least three hours and not more than ten hours. (c) No lunch break shall be less than thirty minutes in length. (d) No work shift shall fall on a weekend. (e) Holidays shall count as 7.2 hour days. MINUTES OF JUNE 13, 1984 MEETING. 133 (f) Annual and sick leave shall be charged for each shift missed at the employee's scheduled hours for that shift missed. (g) No work shift shall begin before 7: 30 a.m. or end after 6:00 p.m. unless the shift includes a meeting of the council, or a town advisory commission. (h) Schedules shall be revised only during the payroll periods containing July 1 or January 1, and are effective for six months, pro- vided, however, changes at other intervals may be approved by the mana- ger when circumstances warrant. SECTION VIII. All prior ordinances in conflict herewith are repealed. SECTION IX. This ordinance shall be effective beginning July 1, 1984. Mr. Bos commented that there was considerable discussion concerning the employees' time and it was decided to increase this by one hour per week. However, he under- stood this was to be done over a three-year period - increasing the time each year until it reached 371/2 hours per week. Mr. Niccolls advised that the pro- posed budget contained an increase in hours for office employees from 35 to 371 hours per week - a 7 plus percent increase in hours. Council then decided to limit in-grade service increases to 6.5 percent, so it became obvious that this group of employees would actually suffer an hourly pay decrease. The proposal N was, therefore, amended to increase the hours by only one hour per week, with an ultimate goal of 371 hours per week over a period of time. Mayor Sevila w asked what changes are being made in the deductions from employee gross pay? CO Mr. Niccolls explained that the retirement system deduction has not been done Q for four or five years , so this change is to bring this section in line with what has been done over the last four or five years. The change in the town office work schedule was an attempt to allow those employees who work night meetings to arrange their hours for such meetings - he believed this to be a desirable element in the pay plan. However, not all departments can work this out. Street crews have been working a four-day 40-hour week for the last three or four summers and it has proved to be very effective in productivity. The ordinance was unanimously adopted: Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and Mayor Sevila. Nay: None. 84-82 - RESOLUTION - ESTABLISHING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE. On motion of Mrs. Hill, seconded by Mr. Coffey, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The following positions and numbers of employees in the town service are established for the fiscal year beginning July 1, 1984: Number of Full-time Equivalent Positions Authorized Employees Authorized LEGISLATIVE DEPARTMENT Clerk of Council - - 1 EXECUTIVE DEPARTMENT • Manager 1 Deputy Manager 1 1 Executive Secretary 1 Receptionist/Secretary, part-time Administrative Assistant 1 FINANCE DEPARTMENT Director of Finance 1 Accounting Supervisor 1 Accounting Clerk 2 MINUTES OF JUNE 13, 1984 MEETING. 134 Number of 1 Positions Authorized Employees Authorized POLICE DEPARTMENT Chief of Police 1 Lieutenant - 2 Sergeant • 3 Investigator 1 Corporal 4 Private, 1st Class 2 Private 5 Police Clerk 1 Parking Meter Attendant' 1 ENGINEERING DEPARTMENT Director of Engineering li Assistant Engineer 1 Facility Inspector 2 Administrative Assistant 1 Receptionist/Secretary, part-time li PLANNING AND COMMUNITY DEVELOPMENT Assistant Manager for Planning and Development 1 Director of Zoning 1 Administrative Assistant 1 Principal Planner, part-time Land Development Planner 1 Secretary } PUBLIC WORKS DEPARTMENT Administrative Director of Public Works 4 Secretary � Streets Division Street Superintendent 1 Assistant Street Superintendent 1 Senior Equipment Operator 1 Maintenance Person 5 Laborer 4 Laborer, temporary/part-time 1} Shop Division Shop Superintendent - 1 Mechanic 1 Laborer 1 UTILITIES Water and Sewer Administration Director of Public Works 4 Director of Engineering li Director of Utility Plants 1 Meter Mechanic 1 Accounting Clerk 1 MINUTES OF JUNE 13, 1984 MEETING. 13.5 Number of Positions Authorized Employees Authorized UTILITIES (continued) Water Pollution Control Division Superintendent 1 Assistant Superintendent 1 Maintenance Foreman 1 Operator A, B or Assistant 4 Laborer 1 Maintenance Assistant 1 1 III. Laborer, part-time 4 Water Supply Division Superintendent 1 Assistant Superintendent 1 Laboratory Chemist 1 Operator A 1 Operator Assistant 1 WUtility Lines 'Division W Superintendent 1 Q Assistant Superintendent 1 Maintenance Person 3 Laborer 3 Total Personnel Authorized Full Time 80 Part-time or temporary (expressed as equivalent to full time) 34 Total 831 • Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and Mayor Sevila. Nay: None. On motion of Mrs. Hill, seconded by Mr. Bos, the following ordinance and resolutions were proposed and unanimously adopted as consent items: 84-0-22 - ORDINANCE - REPEALING EXISTING ZONING DISTRICT MAPS AND ADOPTING A NEW ZONING DISTRICT MAP FOR ALL THE TERRITORY OF THE TOWN. WHEREAS, the territory of the town was enlarged by 7.25 square miles ef- fective January 1, 1984; and WHEREAS, the zoning district map and zoning regulations for the annexed territory were established by the provisions of Section 1-3(b) of the Leesburg Zoning Ordinance; and WHEREAS, the Leesburg zoning district map adopted March 9, 1959 has be- come obsolete as a result of changes in property lines, new streets, subdivisions and annexations; and WHEREAS, adoption of a new zoning map showing zoning district boundaries for all the territory within the town as of April 25, 1984 was initiated by this Council on April 25, 1984; and WHEREAS, with the exception of the change from A-3 to R-4 of parts of Lots 54 through 61, 63, 65, 66, 67, 78, 79, 82 and 83, Leesburg Country Club, Section Two, the new zoning district map does not change the zon- ing classification for any property within the town; and MINUTES OF JUNE 13, 1984 MEETING. 136 WHEREAS, the Leesburg Planning Commission, after a public hearing held jointly with the Council on May 23, 1984, recommended adoption of a new zoning map showing district boundaries for all the territory with- in the town; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require adoption of a new zoning map showing district boundaries for all the territory within the town: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 1-2; Map, of the Leesburg zoning ordinance is amended to read as follows: 1-2 MAP The boundaries of the several districts for all the territory of the town shall be shown on the Town of Leesburg in Virginia zoning district map dated May 23, 1984 which, with all nota- tions, references and other information shown thereon, shall be a part of this Ordinance as if set out herein. The Zoning Administrator shall file a certified copy of the map with the Clerk of Council. The boundaries of said district shall fol- low lot lines, property lines, or the center lines of streets or alleys (existing or projected) , as they exist at the time of adoption of this section; except that where a district boun- dary clearly does not follow any such line and is not other- wise identified, it shall be located by scaling. Any questions as to the location of a boundary shall be determined by the Board of Zoning Appeals as provided in Section 10-2-4. SECTION II. The zoning district map originally adopted March 9, 1959, as subsequently amended from time-to-time thereafter, is repealed. SECTION III. The zoning district map applicable to territory annexed January 1, 1984 which was adopted and readopted as part of the Lees- burg Zoning Ordinance by Ordinance Nos. 82-0-6 and 83-0-36 is repealed. SECTION IV. The adoption of this ordinance shall not amend the regula- tions of the Leesburg Zoning Ordinance previously applicable to the ter- ritory within the town, and except for lots 54 through 61, 63, 65, 66, 67, 78, 79, 82 and 83, Leesburg Country Club, Section Two, the Zoning District Map dated May 23, 1984 is intended to continue without change the divi- sion of the town into the several districts under the Leesburg Zoning Ordinance. The adoption of this ordinance shall not affect nor operate to prevent any pending or future prosecution of, or action to abate, any existing violations of the Leesburg Zoning Ordinance if the viola- tion is also a violation of this ordinance. SECTION V. All prior ordinances in conflict herewith are repealed. SECTION VI. This ordinance shall be in effect upon its passage. 84-83 - RESOLUTION - REQUESTING TRANSFER OF FUNDS FOR IMPROVEMENTS TO ROUTE 654 (LAWSON ROAD) FROM THE VIRGINIA DEPARTMENT OF HIGHWAYS' SECONDARY ROAD IMPROVEMENT PROGRAM TO THE TOWN OF LEESBURG'S URBAN ACCOUNT. WHEREAS, the town on January 1, 1984 annexed 7.5 square miles of terri- tory in Loudoun County; and WHEREAS, the annexation included Secondary Route 654 located southeast of the old corporate limits and extending from the intersection of Route 643 to the intersection of Route 7; and WHEREAS, State Secondary fund allocations had been made toward the im- provement of this section of Route 654 in the amount of $300,000; and WHEREAS, the Board of Supervisors of Loudoun County, by resolution, has requested that the funds be utilized for the improvement of Route 654 which, as a result of the annexation, has become a municipal street main- tained by the town; and I • II MINUTES OF JUNE 13, 1984 MEETING. WHEREAS, the town is desirous of providing improvements to Route 137 654 to improve service to residents of that area as had been planned by the Board of Supervisors: I THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Town Council requests that the sum of $284,545.77, which sum had been allocated toward the improvements for Route 654, be transferred to the State Urban System accounts for allocation to an Urban Improvement project for Route 654 (Lawson Road) , which project shall be identified and requested by the Leesburg Town Council within one year of this resolution. SECTION II. If the town fails to request said project within this one year time period or if, after said project has been requested by the town and work has commenced on engineering, right-of-way or construction and the town subsequently decides to cancel such construction or improvement, the town agrees that said funds shall be returned to the Secondary System funds for Loudoun County and the town shall reimburse the Department of Highways and Transportation the net amount of all funds expended by the Department for planning, engineering, right-of-way acquisition or con- struction. 11 N 84-84 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE N FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A W SEWER EXTENSION PERMIT FOR THE PAGE-BROOKE LAND TRUST DE- W PLAN. Q WHEREAS, the Planning Commission granted preliminary approval and condi- tional final approval for a development plan for Page-Brooke Land Trust De- velopment Plan on Dry Mill Road on June 7, 1984: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute an agreement for installa- tion' of public improvements for the Page-Brooke Land Trust Development Plan. SECTION II. The extension of municipal sewer works for the Page-Brooke Land Trust Development Plan is approved in accordance with Section 15-9 of the Town Code. SECTION III. A performance guarantee in the amount of $7,758 guaranteeing installation of public improvements in accordance with plans approved by the Director of Engineering for the Page-Brooke Land Trust Development Plan on Dry Mill Road is approved. i SECTION IV. This resolution shall become effective upon the approval of the performance guarantee by the town attorney. 84-85 - RESOLUTION - ACCEPTING ESCROW FUNDS FOR FUTURE IMPROVEMENTS TO DRY MILL ROAD FOR PAGE-BROOKE LAND TRUST SUBDIVISION. WHEREAS, the Planning Commission on May 10, 1984 granted preliminary ap- proval of the subdivision plat for Page-Brooke Subdivision; and WHEREAS, the approval varied the requirements for frontage improvements to Dry Mill Road for the developers of Page-Brooke Subdivision on the condition that a deposit be made with the town in the sum of $13,000 as determined by the Director of Engineering; and WHEREAS, the town agrees to accept these funds, plus interest earned while on deposit, to pay its costs for improvements to Dry Mill Road commenced by the town within ten years from receipt of the deposit or will return the funds or remaining unexpended balance plus interest earned: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. 'A deposit by the developers of Page-Brooke Subdivision in the amount of $13,000 is accepted under the conditions set out above and MINUTES OF JUNE 13, 1984 MEETING. 138 the Director of Finance shall deposit these funds in an interest bear- ing account. In the event of appropriations for the purpose, the funds shall be used to pay the costs of studies, engineering or construction of improvements to Dry Mill Road in the vicinity of Page-Brooke Subdi- vision. SECTION II. Resolution No. 84-78 adopted May 23, 1984 is repealed. 84-86 - RESOLUTION - ACCEPTING ESCROW FUNDS FOR FUTURE STORM DRAINAGE IMPROVE- MENTS TO NORTH STREET. WHEREAS, the Planning Commission on February 2, 1984 granted preliminary approval of the development plan for the North Street Parking lot at the southwest corner of North King Street and North Street; and WHEREAS, off-site storm drainage improvements are required in addition to those outlined in the town's adopted Storm Drainage Master Plan; and WHEREAS, the Planning Commission requested, and thc developer concurred that a deposit be made with the Town of Leesburg in the sum of $1,588.00 as determined by the Director of Engineering as their pro-rata share of storm drainage improvements which will be required in the future on North Street; and WHEREAS, the Town of Leesburg agrees to accept these funds plus interest earned while on deposit, to pay its town costs for storm drainage improve- ments to North Street commenced by the town within ten years from receipt of the deposit or will return the funds or remaining unexpended balance plus interest earned: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A deposit by the developer of the North Street parking lot in the amount of $1,588.00 is set out above and the Director of Finance shall deposit these funds in an interest bearing escrow account. In the event of appropriations for this purpose, the funds shall be used to pay for the costs of studies, engineering or construction of improvements to the storm drainage system on North Street. SECTION II. Section III of Resolution No. 84-26 adopted by Council Febru- ary 22, 1984 is repealed. 84-87 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS, APPROVING A WATER EXTENSION AND ACCEPTING WATER MAIN AND STORM SEWER EASEMENTS FOR THE HOLIDAY INN, LOT 6, LEESBURG SQUARE SUB- DIVISION. WHEREAS, the Planning Commission granted preliminary approval of a develop- ment plan for the Holiday Inn on Lot 6 of Leesburg Square Subdivision on February 2, 1984: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute an agreement for installa- tion of public improvements for Holiday Inn, Lot 6, Leesburg Square Subdi- 1 vision. SECTION II. The extension of municipal water works for this Holiday Inn is approved in accordance with Section 19-18 of the Town Code. SECTION III. A performance guarantee in the amount of $27,335 guarantee- ing installation of public improvements in accordance with plans approved by the Director of Engineering for this Holiday Inn is approved. SECTION IV. The manager is authorized to accept on behalf of the town necessary easements for storm sewer and water mains installed in accord- ance with the contract for public improvements and the plans approved by the town for this Holiday Inn development. SECTION V. This resolution will become effective upon approval of all above-mentioned forms by the town attorney. MINUTES OF JUNE 13, 1984 MEETING. 84-88 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR 139 PUBLIC IMPROVEMENTS INSTALLATION FOR SILVER OAKS SUBDIVISION_ WHEREAS, the developer's engineer, Bengtson, DeBell, Elkin & Titus, and the town's Director of Engineering have reviewed the public im- 1 provements installed to date in Silver Oaks Subdivision and certify that the value of work performed is $510,540.00 and the remaining amount of work is approximately $224,339.00; and WHEREAS, a $734,879.00 Equitable Federal Savings and Loan Association of Wheaton, Maryland set aside letter has been provided by the developer and approved by Council to guarantee installation of public improvements in Silver Oaks Subdivision; and WHEREAS, the town has agreed, when appropriate, to decrease the perform- ance guarantee by reducing set aside bank funds by the value of work com- pleted on the public improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Equitable Federal Savings and Loan Association set aside letter originally in the amount of $734,897.00 is reduced to $224,339.00. N N SECTION II. The manager shall notify the developer, Sycolin Forest Asso- W ciates, Inc. , that liability for set aside funds has been reduced as m out- lined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the Q developer of responsibilities outlined in the contract for public improve- ments for Silver Oaks Subdivision. 84-89 - RESOLUTION - AUTHORIZING A CONTRACT FOR PHASE I LANDSCAPE IMPROVEMENTS TO EAST MARKET STREET. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: ' SECTION I. The manager shall execute on behalf of the town a unit price . contract with Davis Landscape Contractors, Inc. of Gaithersburg, Md. in the amount of $30,649.40 for Phase I landscape improvements to East Mar- ket Street in accordance with plans and specifications prepared by EDAW, Inc. and Davis Landscape, Inc. proposal dated May 18, 1984. SECTION II. The alternate bid, Item 111 to provide grass sod rather than seed, shall be excluded from the contract. SECTION III. The manager shall execute on behalf of the town changeorder No. 1 for the project which eliminates grading work, alters the seeding specification, and changes the time for execution and completion of the contract work and reduces the contract price by $10,716. SECTION IV. An appropriation to remain in effect until the project is complete is made from the unappropriated balance of the general fund to the account and in the amount shown below: Market Street Improvements, Account No. 4102.701 - $20,000. Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and Mayor Sevila. Nay: None. 84-90 - RESOLUTION - AUTHORIZING AN ENCROACHMENT PERMIT FOR 7 LOUDOUN STREET, S.E. On motion of Mr. Tolbert, seconded by Mr. Coffey, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to issue a revocable permit for an encroachment into the Loudoun Street public right-of-way at 7 Loudoun Street, S.E. for the erection of signs as described in application number 558 to the Lees- burg Board of Architectural Review by Bertram C. Harrison, owner, as ap- proved by the Board on May 21, 1984. MINUTES OF JUNE 13, 1984 MEETING. 140 Mr. Williams felt visibility of the sign would be better against the wall. Mrs. Hill felt this would be setting a precedent. General Harrison, the ap- plicant, said there are other signs of this kind in town, naming at least two locations. He would like to have it the way he applied for it. He explained in detail the color and size of the sign and the individual panels. Mr. Bos suggested that it might be limited to nine panels. Mr. Niccolls explained that, under the normal permit process, they would treat this as one sign - mov- ing the panels would not be a major element. On motion of Mr.' Bos, seconded by Mr. Tolbert, Council unanimously voted to amend the resolution by adding after "erection of signs" the words "not to exceed ten square feet and not to exceed more than nine inserts of equal size": Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and Mayor Sevila. Nay: None. Mr. Niccolls explained that Mr. Martin advised years ago,when we used to do these encroachments on a routine basis prior to the establishment of general policies with respect to projecting signs, that we make all of these encroach- ment permits specifically revocable so the town could make adjustments to the sidewalk or changes in the street. This was done more because of the legal basis of land ownership. However, if a sign should fall into disrepair or be changed in a way that is unacceptable to the town, the permit could be revoked and removed with town forces without risk. Mr. Martin said this is based on the statutory provision that no-one has the right to occupy the streets in Lees- - - burg without permission. The resolution, as amended, was unanimously adopted, reading as follows: • • RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to issue a revocable permit for an encroach- ment into the Loudoun Street public right-of-way at 7 Loudoun Street, S.E. for the erection of signs, not to exceed ten square feet and not to exceed more than nine inserts of equal size, as described in appli- cation number 558 to the Leesburg Board of Architectural Review by Bertram C. Harrison, owner, as approved by the Board on May 21, 1984. Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and Mayor Sevila. Nay: None. 84-91 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH BLACKBURN CLEANING SERVICE TO PROVIDE JANITORIAL SERVICES. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: WHEREAS, bids were solicited to provide janitorial services for the Town of Leesburg and the lowest and best bid submitted was by Black- burn Cleaning Service: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall enter into an agreement with Blackburn Cleaning Ser- vice for janitorial services as described in the request for sealed bids dated May 21, 1984 at a total monthly cost of $1,000. Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and Mayor Sevila. Nay: None. 84-92 - RESOLUTION - AUTHORIZING A CONTRACT WITH CAMPBELL, McQUEEN AND PARIS, ENGINEERS, FOR PROFESSIONAL CONSULTING SERVICES AT LEES- BURG MUNICIPAL AIRPORT. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, a proposal was received from Campbell, McQueen and Paris, Engi- neers, to perform environmental assessment of proposedairportimprove- ments in response to the town's request for proposal issued April 11, 1984; and MINUTES OF JUNE 13, 1984 MEETING. WHEREAS, a review committee appointed by the Leesburg Airport Com- 1 4 1 mission has found that Campbell, McQueen and Paris has offered the best proposal at the lowest cost: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows: 1 1 SECTION I. The manager shall enter into an hourly rate contract in an amount not to exceed $16,750 with Campbell, McQueen and Paris, En- gineers, for the appropriation of an environmental assessment report in accordance with the request for proposal issued April 11, 1984 and under the terms and conditions as set out in a proposed contract trans- , mitted to the Council on May 31, 1984. j SECTION II. An appropriation is made to the Airport Capital Project Fund, Account No. 8300.708 Runway Extension Engineering in the amount of $16,750 to remain in effect until the project is complete. Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and Mayor Sevila. Nay: None. 84-93 - RESOLUTION - AUTHORIZING A CONTRACT WITH GRAYSON'S REFUSE SERVICE, INC. CC FOR REFUSE COLLECTION AND DISPOSAL SERVICE. N N Mr. Minor gave an in-depth report and comparison of the three bids received w in connection with this contract, recommending that the Grayson contract is the CO lowest, best qualified bid. Mayor Sevila had many questions concerning this con- tract, with answers being supplied by the three bidders, Arthur Phillips, Lucas Q and Chinn and Mr. Grayson, as well as Mr. Niccolls and Mr. Minor. He felt the town should be more concerned with the town's best interest - he was not sure he was in favor of a four-year contract. He was concerned that Arthur Phillips has been in business for years and has had a number of contracts, but he is now underbid - he could be shut out. Mr. Minor again reiterated that his recom- mendation is that Grayson is the only one of the three bidders that is quali- fied to do Leesburg's contract. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolu- tion was proposed: WHEREAS, proposals were received May 15, 1984 from Grayson's Refuse Ser- - dice, Inc. , Lucas & Chinn and: Arthur_.Phillips in response to. the request for proposals for garbage and refuse collection and disposal issued April 19, 1984; and WHEREAS, the proposal from Grayson's Refuse Service, Inc. is the lowest qualified bid received: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall enter into a contract with Grayson's Refuse Service, Inc. for the collection and disposal of garbage and refuse with- in the town for a four year period beginning July 1, 1984 in accordance with the Garbage and Refuse Collection and Disposal bid document issued April 19, 1984 and the unit prices bid in the proposal received May 15, 1984. SECTION II. The manager shall consider the bid for brush and leaf collec- tion services contained in the proposal and shall forward a recommendation to the Council at its first workshop meeting in July. There followed more questions by Council members. Mayor Sevila made it clear that he could find no fault with Grayson's service - he was, however, concerned with the competitive process by which bids are let and the fact that this is a four-year contract (he suggested three, or perhaps shorter) . Mr. Phillips is the lowest qualified bidder - he is $16,000 below the proposed contract. He could not, therefore, go along with this. The resolution was. adopted. by a vote,_. of 6 to 1: Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams and Willis. Nay: Mayor Sevila. MINUTES OF JUNE 13, 1984 MEETING. 142 84-94 - RESOLUTION - APPROVING THE LEESBURG SUMMER CONCERT SERIES. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall enter into an agreement with the Bluemont Concert Series, Ltd. , to provide a series of outdoor public concerts between June 24 and August 26, 1984 in cooperation with the County of Loudoun and the Virginia Fine Arts Commission. The agreement shall authorize the closing of King and Market Streets to traffic for the concerts between 6:30 p.m. and the conclusion of the concerts and shall provide for financial assistance to be paid in the amount of $2,500.00 from fiscal year 1984 appropriations and $2,500.00 in fiscal year 1985 ap- propriations. Mr. Williams commented that he thinks the summer concerts are a very moving ex- perience - he has been to many of them. His concern is the manner in which the appropriations are applied and how the money is brought about and, to some de- gree, the disadvantages it puts some merchants to. They are good for the com- munity, but he feels that the business community should support them in a finan- cial manner. Mr. Coffey felt, too, that they are good for the town and he will . support it this year, however, he would not support an increase nor would he support it for another year. We have supported them for several years and by now they should be pretty self-sufficient. Mr. Willis whole-heartedly supported:. the concert series - he believed that some of the downtown merchants do support it with their ads in the paper. Mr. Williams asked for an accounting of this. His position is that the government should not be in the business of entertain- ment. The resolution was adopted by a vote of 6 to 1: Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Willis and Mayor Sevila. Nay: Councilmember Williams. On motion of Mr. Bos, seconded by Mr. Williams, Council voted unanimously to go into executive session to discuss legal matters pertaining to engineering services, as authorized by Section 2.1-344(a) (6) of the Code of Virginia, as amended. This session will include the manager, deputy manager and department directors. At the close of the executive session, the mayor reconvened the meeting and stated that Council considered only those matters contained in-the_ above:L_--. motion made by Mr. Bos pertaining to pending and potential litigation and that no action was taken on those items . PROPOSED RESOLUTION AUTHORIZING A CONTRACT WITH CAMP, DRESSER & McKEE FOR CON- STRUCTION ENGINEERING SERVICES FOR WASTEWATER TREATMENT PLANT IMPROVEMENTS AND MAKING AN APPROPRIATION. On motion of Mrs. Hill, seconded by Mr. Willis, a resolution was proposed to authorize a contract with Camp, Dresser & McKee for construction engineering services for wastewater treatment plant improvements and making an appropriation. Following extensive and lengthy discussion concerning the cost of _this contract and explanation by both Mr. Niccolls and Mr. Shope as to the methods used and the many points taken into consideration, on motion of Mr. Williams, seconded by Mrs . Hill, Council voted 6 to 1 to defer this item to June 20th: Aye: Councilmembers Coffey, Hill, Tolbert, Williams, Willis and Mayor Sevila. Nay: Councilmember Bos. On motion duly made and seconded, the meeting was adjourned. Mayor // J Clerk of th Council