HomeMy Public PortalAbout1978_12_13 9 3i
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL,
DECEMBER 13 , 1978 .
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia,
on December 13, 1978 at 7 : 30 P .M. The meeting was called to order
by the Mayor, who gave the invocation, and followed, with the Salute
to the Flag led by Mr. Tolbert. Present were : Mayor Kenneth B.
Rollins, Councilmembers Glen P. Cole, Stanley D. Herrell, Jr. ,
G. Dewey Hill, Jr. , Marylou Hill , Walter F . Murray and John W.
Tolbert, Jr. ; also Town Manager John_. Niccolls , Assistant Manager
Jeffrey H . Minor , Director of Finance Donald O. Taylor and Town
Attorney George M. Martin.
The minutes of the regular meeting of November 22 , 1973 were
approved as written.
MANAGER' S REPORT
Mr. Niccolls called attention to the written Activity Report,
with comments on the following :
(1) Evergreen Mill Wells - The town had a successful extended
simultaneous pump test. Decisions made by the Council are being
implemented. The design work being conducted by Bengtson, DeBell
and Elkin is approximately 75 percent complete on the well building
and field work necessary to lay out the new water route is in progress
this week and probably complete by now. Tentative negotiations
with Corman Construction Co. to construct the water line indicate
that they are willing to do this work at unit prices bid this year.
His work has been very acceptable thus far on the waterworks im-
provement projects . The water line will require only soma 60 days
to complete, but the well buildings, the pump and equipment, etc.
will consume more time. A proposal will be submitted to the Public
Works Committee next week basically suggesting that the Town act as
its own general contractor and that authorization be given for cer-
tain steps in purchasing and contracting procedures - this is so
that these wells can be on line by June 1 . A great deal of thought
has been given as to how the buildings , equipment, etc . can be
made operational in as short a time as possible. This will be a,
topic for discussion next week. We could be facing severe water
problems if these wells are not on line by next June.
(2) Potomac River Water Plant - The work being done by Betz-
Converse-Murdoch is moving along on schedule. This work is being
monitored very carefully - he meets regularly every two weeks with
the President of that firm to see that their understanding about
the work is in agreement and that their work is in progress. They
have met once with the State Health Department engineering staff
and had a productive meeting in Culpeper with the people who will
be evaluating the design when it comes down the road. An earlier
time schedule called for construction start by July 1 . Even though
there have been delays in certain phases of the work , he feels it
can stay with this July 1 date for start of construction. The
earlier it is started, the cheaper it will be to build. This will
involve in getting the plans back to Council . Next week Council
will be considering the size of the transmission main -- the issue
of 16-inch vs. 24-inch. A recommendation from the engineers will
be included in the packet on Friday.
Mr. Hill expressed the hope that the drawings on the parking
lot will be deferred in order to discuss it at the Public Works
meeting next week. He also understood that he is to represent
the Council at the Board of Supervisors ' meeting concerning the
commission permit for the water line. - He stressed that the Council ' s
work comes before anything else with him.
Mr. Tolbert called attention to an item in the Activity Report
concerning the Airport Commission. He also asked that considera-
tion be given to some spaces for handicapped persons on the new
parking lot design.
Mr. Murray asked that consideration also be given to a name
for the new parking lot. Mr. Cole said he would like to be the
first to purchase a parking permit on this lot.
22341 .
MINUTES OF DECEMBER 13 , 1978. MEETING. -
MAYOR' S REPORT
(1) Mayor Rollins asked what the situation is on the resurfac-
ing work to be done on Edwards Ferry and Old Waterford Roads? Mr.
Niccolls said it looks as though Old Waterford Road will have to
wait until next spring - they could not get the shoulders stablized
and the widening done. However, it would still be done under the
existing contract, unless ' the 600 tons remaining is placed some-
where else before spring. On Edwards Ferry Road, they are still
trying to get the surface material down - it depends on a few
consecutive days of paving weather. The Engineering Department
has been instructed to pressure the contractor to get this work
completed. He said we will have to defer the larger jobs and fin-
ish up on Edwards Ferry Road. A new resurfacing program for 1979
will most likely be presented to Council before the remaining ton-
nage for 1978 is placed, so any changes can be made at that time.
(2) Mayor Rollins also asked about repainting the Hospital
water tank - this was to be done by December 1 and has not yet
been done? Mr. Niccolls explained that the contractor put a patch
of a new supply of paint on the tank, but it didn 't match. The
manufacturer ' s representative came in and discussed this problem.
It is difficult to match this paint. Even if it is repainted, it
will probably be a little different. There is close to $10 , 000
being withheld on this contract.
(3) Mr. Rollins asked the status of the bids on the side-
walks, etc? Mr. Niccolls said bids are to be in this Friday and •
will be reported to the Committee at that time .
(4) Mayor Rollins said he is still disturbed and concerned
about trenches . He asked if the specifications on the Corman job
for the water loop were in accordance with the Town ' s specifica-
tions? He said he watched them on Davis Avenue for about15min-
utes and they filled four feet of cut and tamped it only one time.
There is no way that a ditch will hold up like this . In less than
15 days , the whole trench collapsed. Trenches should be tamped in
layers of six inches at a time. He understood that the Town waived
its specifications and let them do this on a one-time basis . Eithe
the specifications are wrong, the inspection is not being done or
something else is wrong. He invited the town ' s inspectors to look
at this, particularly in front of his house on Valley View Avenue.
Mr. Niccolls said he would check into this - there should be no
exception allowed in the right-of-way. Mr. Rollins said this
is not a new problem, it has existed for a long time and it is a
major item to him.
Mr. Tolbert asked about the mud holes on Old Waterford Road,
particularly in front of the VFW hall . Mr . Niccolls said he, per-
sonally, saw the contractor restore the shoulders, but VEPCO ' s
contractor came in with heavy equipment and forced motorists to
go around on the shoulders . The problem is how many times does a-
contractor have to restore it when other contractors damage it?
He said town forces will have to keep after this .
There was further discussion between Mayor Rollins and Mr.
Niccolls concerning the type of asphalt used in different cir-
cumstances , with particular attention to the surface used on Mor-
ven Park Road.
78-0-38 - Ordinance - Amending Article 21 of Chapter 12 of the
Town Code regarding Grievance Procedures.
On motion of Mr. Murray, seconded by Mr. Herrell , the follow-
ing ordinance was proposed:
WHEREAS, the 1978 Session of the Virginia General Assembly ,
passed and the Governor has signed S. B. 135 which amends
the grievance procedure requirements for local governments:
BE IT ORDAINED by the Council of the Town of Leesburg,
Virginia, as follows :
2 -3-
-5
MINUTES OF DECEMBER 13 , 19 /8 MEETING .
SECTION T . Article 21 of Chapter 12 of the Town Code is
hereby amended to read as follows :
ARTICLE 21
GRIEVANCE PROCEDURES
Sec . 1.2 . 1-5.3 . Intent and application.
(a ) For the purposes of this grievance procedure,
a grievance shall he construed as a complaint or dis-
pute by an employee relating to his or her employment,
including,, but not necessarily limited to : (1) disci-
plinary actions involving dismissals, demotions and sus-
pensions ; (2) concerns regarding the application, mean-
ing, or interpretation of these rules' (3) acts of re-
prisal as the result of utilization of the grievance
procedure; and (4) complaints of discrimination on the
basis of race, color, creed or sex.
(b) Complaints are not grievable where they involve :
(1) establishment and revision of wages or salaries , po-
sition classifications or general benefits : (2) work ac-
t tivity accented by the employee as a condition of employ-
? ment or work activity which may be reasonably expected
✓ to be a part of the job content: (3) the contents of ordi-
nances , these rules , or other established procedures and
;J-4regulations ; (4) failure to promote except where the em-
ployee can show established promotional policies or pro-
cedures were not followed or applied fairly; (5) the
methods , means and personnel by which such work activities
are to be carried on: or (6) discharge , layoff or suspension
from duties because of lack of work , reduction in work
force, or job abolition.
(c) Questions of grievability shall be resolved by
the Town Manager.
(d) This grievance procedure shall apply only to
the following positions and categories of positions :
(1) Career service employees with the
'exception of the Clerk of Council .
(2) Uniformed police officers except
those who elect to resolve grievances
in accordance with Sec . 12 . 1-56 : 1 et seq.
of this article .
Sec . 12 . 1-54 . Procedure .
(a) Step 1 . The grievant shall verbally present the
facts surrounding the grievance to his immediate super-
visor within 10 days of the date the grievance or dis-
• pute occurred. The supervisor shall render his decis-
ion to the grievant within 4 working days from the day
the grievance was presented.
(b) Step 2 . If the grievance is not resolved in
Step 1, the employee shall reduce the grievance to writing
within five days and present it to the appropriate de-
partment head. It shall include a statement of the griev-
ance and the facts involved, the alleged violation of
these rules , the initial decision of the immediate super-
visor, and the remedy requested by the grievant . The De-
partment Head shall arrange a meeting with the grievant
and his immediate supervisor where applicable to review
the facts and shall notify the grievant of his decision
in writing within three working days of such meeting.
Step 2 and Step 3 shall be waived if the Town Manager
serves as the grievants immediate supervisor.
MINUTES OF DECEMBER 13 , 1978 MEETING.
(c) Step 3 . If the grievance is not resolved in
Step 2 , the grievant may ask the Town Manager for a meet-
ing to discuss the grievance further. Such request must
be made within five working days following receipt of the
Department Head ' s reply. Such meeting shall be held within
two working days of the date of the request and shall be at-
tended by the grievant, such representatives as he may se-
lect, the Department Head and the, immediate supervisor.
The Town Manager shall provide a written decision to the
grievant with a copy to all other attendees , within three
working days of the date of the meeting. This section
shall not be construed as limiting the Town Manager ' s
authority to require additional meetings with only the
grievant present to discuss matters pertaining to the
grievance.
(d) If the Town Manager ' s decision does not resolve
the grievance, the grievant may proceed by requesting a
panel hearing with the Board of Grievance Commissioners.
Such a request must be received by the Board within seven
working days of the grievant ' s receipt of the Town Mana-
ger' s decision.
(e) The grievant ' s failure to follow this process
or generate the proper correspondence within the time
limits established herein shall be construed as a termi-
nation of the grievance.
Sec. 12 . 1-55 . Board of Grievance Commissioners .
The Board of Grievance Commissioners is hereby created.
(a) Organization. The Board of Grievance Commissioners
shall consist of 12 members who shall be annually appointed
by the Council, based upon the following:
(1) Six members shall be selected from full-
time non-supervisory town employees evenly
divided between office and outside personnel .
(2) Three members shall be selected from among
full-time supervisory town employees ex-
cluding the Town Manager and Clerk of the
Council .
(3) Three members shall be selected from town
residents of responsible character and not
employed by the town.
(4) Vacancies on the commission created by resig-
nation or ineligibility shall be filled for
the unexpired term in accordance with the above
criteria.
(b) Panel Selection. The panel shall be composed of
three members chosen from among the Board of Grievance
Commissioners as follows :
(1) A member shall be selected by the Town
Manager.
(2) A member shall be selected by the grievant .
111 '.
(3) The remaining member shall be selected by
the first two appointments .
(4) Refusal to serve on a panel without cause
shall be construed as resignation from the
commission.
None of the commissioners selected to form the panel
to hear the specific grievance may have been involved in
an earlier phase of said grievance.
MINUTES OF DECEMBER 13 , 1997° MEETING. 9 3 '
(c) Conduct of IInvestic?ation.
(1) The panel shall select its chairman and
establish a hearing date no more than ten
working days from receipt of 'the grievance.
(2) The grievant may have a representative or
legal counsel present at this meeting at his
own expense.
(3) The Personnel Director shall insure that all
copies of written correspondence generated
and related to the grievance are delivered
to the panel .
(4) The panel shall determine the propriety of
attendance at the hearing of persons not
having a direct interest in the hearing.
(5) The panel may at the beginning of the hearing
ask for a statement clarifying the issues
involved.
(6) Exhibits when offered may be received in
evidence by the panel, and when so received,
shall be marked and made part of the record.
N
(7) The grievant and Town Manager, or their
representatives; shall then present their
claim and proofs and witnesses who shall
submit to questions or other examination.
The panel may; at its discretion, vary this
procedure, but shall afford full equal op-
portunity to all parties and witnesses for
presentation of any material or relevant
proofs .
1 (8) Parties may offer evidence and shall produce
such additional evidence as the panel may
deem necessary to an understanding and
determination of the dispute. The panel
shall be the judge of relevancy and material-
ity of the evidence offered. All evidence
shall he taken in the presence of the panel
and of the parties.
(9) The Panel Chairman shall specifically inquire
of all parties whether they have any further
proofs to offer or witnesses to be heard.
Upon receiving negative replies , the Chair-
man shall declare the hearing closed.
(10) The panel hearing may be reopened on its own
motion or upon application of either party
which demonstrates that additional informa-
tion or evidence is available of a significant'
value to effect a forthcoming decision.
(11) The panel ' s decision shall be in writing and
signed by the Chairman and filed with the Town
Manager not later than 15 working days fol-
lowing the completion of the first panel
hearing. Copia; of the decision shall be
transmitted to all hearing attendees and the
Town Council .
(d) Powers .
(1) The panel is vested with the responsibility
and authority to interpret the application
of these rules as they relate to each
specific case before them. However, it
is not empowered to change said rules .
238
MINUTES OF DECEMBER 13 , 1978 MEETING .
(2) In-grade service increments are not
grievable.
(3) Merit increases are not grievable .
(4) Employee Evaluation Reports are grievable.
(5) The majority decision of the panel shall be
final in all of its determinations .
Sec. 12 . 1-56 . General Rights of Management .
The grievance procedure established herein shall not
circumscribe or modify the existing right of the Town
to do the following, provided, however, that none of
these rights may be exercised in an arbitrary or capri-
cious manner:
(1) Direct the work of its employees, as
well as establish and revise wages,
salaries , position classifications , and
general employee benefits;
(2) Hire, promote, transfer, assign and re-
tain employees in positions within the
town;
(3) Relieve employees from duties of the town
in emergencies ; .
(4) Maintain the efficiency of governmental
operations;
(5) Determine the methods , means and personnel
by which operations are to be carried on;
(6) Establish and revise personnel policies
as provided by law and these rules.
SECTION II . This ordinance shall be in effect upon its
passage.
Mr. Niccolls explained that there are three changes made in this
ordinance in order to make it comply with the latest State man-
dates. They are: (1) All decisions of the Grievance Commission
are now final and binding; (2) Disciplinary actions , including dis-
missals , are now grievable; ( 3) The questions of grievability are
determined now by the Town Manager or other chief administrative
officer. These are important because they remove from the Manager
this final authority and place it in this Commission. Mr. Murray
said the Town has never had a grievance. The ordinance was unani-
mously adopted :
Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay: None.
Proposed resolution re design of off-street parking facility on
East Loudoun Street .
After discussion, on motion of Mr. Herrell , seconded by
Mr. Tolbert, the above-mentioned resolution was referred to the
Finance and Administration Committee for study and recommendation
to the next session of Council :
Aye : Councilmenbers Cole, Herrell , D. Hill , M. Hill , Murray,
T:olbera,andMayor: -RolIins .
Nay : None.
MINUTES OF DECEMBER 13 , 1978 MEETING. f`
78-219 - Resolution - Authorizing an agreement and approving a
performance bond for the Lower-Harley
Davidson Ltd. site Plan.
On motion of Mr. Cole, seconded by Mrs . Hill , the following
resolution was proposed:
RESOLVED by the Council for the Town of Leesburg, Vir-
ginia, as follows :
SECTION I . The performance bond in the amount of $9 ,449
guaranteeing installation of public improvements required
at the Lower-Harley Davidson Ltd . site is approved subject
to review and approval by the town attorney.
SECTION II . The town manager is authorized and directed
to execute the standard subdividers and developers agree-
ment calling for the installation of public improvements
at the Lower-Harley Davidson Ltd. site as approved by the
Planning Commission.
Mr. Hill commented on the noise from this business . Mr . Murray
understood that this addition should decrease the noise . Mr.
Hill felt it should be monitored and; if it is a public nuisance,
i1= it should be brought to Council ' s attention. Mr. Niccolls ex-
plained that this includes driveway connections , curb, gutter
and sidewalk on one side of Edwards Ferry Road and the driveway
connection and associated street improvements on West Market
-� Street, including some brick sidewalk construction on Edwards
Ferry Road and Market Street. This construction will make the
improvements in front of Colonial Square more rational because
the street will then by symmetrical . The resolution was unani-
mously adoptmd:
Aye : Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay : None.
78-220 - Resolution - Authorizing a notice of publication of public
hearing on Application Number ZM-22 by
Lois Francis .
On motion cf Mr. Murray: seconded by Mr. Tolbert, the fbllowing
resolution was propose&
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
A Notice of Public Hearing to consider Application Number
Z1-22 by Lois Francis to have rezoned from R-2 to B-2
a tract of land containing 12 , 077 square. feet located
on the south side of East Loudoun Street shall be pub-
lished in the Loudoun Times-Mirror on December 21 , 1978
and D_cembcr 28 , 1978 for Public Hearing on January 10 ,
1979 at 7 : 30 P .M . in` the Council Chambers , 10 West
Loudoun Street, Leesburg, Virginia.
Mr. Herrell felt that residential property which has .been rezoned
to commercial should be required to remodel the property to make
it look like a commercial. property. He felt that perhaps there
should be some changes made in the Old and Historic District regu-
lations to require this , as well as a requirement for off-street
parking. He requested that these items be discussed by the ap-
propriate committee.
Mayor Rollins asked if the Francis easement for storm drainage has
ever been resolved. Town Attorney George. Martin reported that a
condemnation suit has been filed. He understands that a question
has been raised concerning the design - they feel this is commer-
cial property and it should have been designed differently - the
last he heard they are waiting for a heavy rain. The last offer
to them was $2 , 800 and they did not respond, so the condemnation
proceedings were instituted.
Z4 0
MINUTES OF DECEMBER 13 , 1978 MEETING. •
The resolution was unanimously adopted:
Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay: None.
78-221 - Resolution - Making appropriations for the fiscal year-
ending June 30 , 1979 .
On motion of Mr. Tolbert, seconded by Mr. Herrell, the fol-
lowing resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . Appropriations are made from the General Fund
to the following accounts shown below for the fiscal year
ending June 30 , 1979 , as follows :
Account No. and Name Appropriation
4020 . 257 Office Machine Rentals $ 50 . 00
10110 . 239 Tree Care and Removing 100 . 00
10110 . 815 Signal Controls 5, 100 . 00
SECTION II . An appropriation is made from the Utility Fund
to Account No. 20900 . 700 , Bank Service Charge, in the
amount of $500 . 00 , for the fiscal year ending June 30 ,
1979.
SECTION III . An appropriation is made from the Parking
. Facility Bond Fund to Account No. 40000 . 261 , Financial and
Legal Services, . in the amount of $3 , 200 . 00 , for the fiscal
year ending June 30 , 1979 .
Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay: None.
Mayor Rollins asked that the Activity Report be sent out with
the Agenda packet, or make his verbal report to the Council more
elaborate. Mr. Niccolls welcomed this suggestion and agreed to
send it out with the packet.
Mayor Rollins distributed questionnaires to be completed by
Councilmembers and returned to Mr. Niccolls for pick-up on Friday.
There was lengthy discussion concerning the Route 7 East
urban project. Some members were not in favor of the present de-
sign with no median, while others were in favor of it, or at least
could foresee no real problems . Mr. Niccolls pointed out that, '`
with this design, it would be possible to construct a barrier median
in the future very economically if this does not prove acceptable .
Both Mr. Hill and Mr. Murray felt that if they start making changes
now, the Highway Department could take this money for improvements
elsewhere in the State.
On motion of Mr . Hill , seconded 'by Mr. Cole, the meeting was
adjourned at 9 : 15 P .M.
Mayor
4 Ore
Clerk of tie Council