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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