HomeMy Public PortalAbout1974_12_31 130
MINUTES OF PUBLIC HEARING OF LEESBURG TOWN COUNCIL, DECEMBER 31, 1974.
A Public Hearing was held by the Leesburg Town Council in the
Council Chambers 10 West Loudoun Street, Leesburg, Virginia, on
December 31, 1974 at 10 :00 A.M. for the purpose of discussing changes
in the Leesburg Charter. The meeting was called to order by the
Mayor. Present were Mayor G. Dewey Hill, Councilmen Mary Anne
Newman, Herbert L. Ridder, James A. Rock and C. Terry Titus ; also,
Town Manager James W. Ritter, Jr . , Deputy Town Manager E. Wesley
Devero and Town Attorney George M. Martin. Absent from the meet-
ing were Councilmen Charles E. Bange and Robert A. Orr.
There was no -one present from the public to comment either for
or against the proposed amendments .
Each section of the proposed amendments was read by Councilman
Rock, with discussion by Council members following. Discussion con-
cerning Sec . 2-4, the appointment of the Clerk of the Council, was
participated in by the Clerk. It was pointed out that implementing
mechanisms concerning duties of the administrative personnel will be
spelled out in resolutions to be adopted following the adoption of
the proposed Charter amendments by the General Assembly. It was sug-
gested that the committee appointed to draw these proposed Charter
changes be appointed to draw these implementing resolutions.
After discussion, the following changes were made :
At the end of Sec. 3-2 , add the following sentence : "The council
may appropriate funds to reimburse the mayor and councilmen for di-
rect out of pocket expenses while performing their official duties . "
Sec . 4-1 - Delete the last sentence .
Discussion on Sec . 4-2 (a) included whether or not the Town Mana-
ger has authority to direct the Town Attorney to file an injunction
suit. There were no changes made in this section.
Councilman Rock suggested that Sec . 5-1 - Procedure for adopt-
ing
ordinances - be dropped from the proposed amendments at this
time and that this section be adopted by special resolution of
Council as a part of the Rules of Procedure, and that Council
operate under this procedure until such time as Legislature meets
again. Mr. Rock also suggested that Sec. 5-2 and 5-3 be changed
to 5-1 and 5-2, and that the title of Chapter 5 be changed to read
"Ordinances . " Town Attorney Martin pointed out that Legislature
may not adopt the section having to do with record and codification
of ordinances since there is a State statute on this item.
There was some discussion concerning Sec . 6-1 with regard to the
Commissioner of Revenue using the assessments of real and personal
property used by the County of Loudoun. It was felt that this is
one of the most important changes in the proposed amendments.
Discussed briefly was whher or not there should be a Charter
provision for the appointment of a town attorney. It was felt that
this is not necessary.
On motion of Councilman Rock, seconded by Councilman Newman,
the following resolution was proposed and unanimously adopted, as
shown:
WHEREAS, pursuant to the Statutes of Virginia made and
provided, notice of a Public Hearing to be held on De-
cember
31, 1974 at 10 :00 A.M. on proposed amendments to
the existing Charter of the Town of Leesburg has been
published in the Loudoun Times-Mirror, and
WHEREAS, the Public Hearing has been held and there have
been changes in the proposed amendments as published to
Section 3-2 , Section 4-1 and Chapter 5, Section 5-1,
131
MINUTES OF DECEMBER 31, 1974 PUBLIC HEARING.
NOW, THEREFORE, BE IT RESOLVED, that the proposed amend-
ments be and the same are hereby adopted, and the Clerk
of the Council shall forward to Kenneth B. Rollins , Dele-
gate to the General Assembly, for presentation to the
General Assembly , two (2) copies thereof.
Aye: ": Councilmen -Newman, Ridder, Rock, Titus and Mayor Hill.
Nay : None.
The Charter Amendments to be presented to the General Assembly
read as 'follows :
An Act to amend and re-enact Sections 2-4, 4-1, 4-2, 7-1 ;
delete Section 4-3 , Chapter 5, Sections 5-1, 5-2 5-3, 5-4 and
5-5 ; and re-enact Chapter 5 , Sections 5-1 and 5-2 of Chapter
433 of the Acts of the Assembly of 1962 ; and to re-amend and
re-enact Sections 3-2 and delete Chapter 6 and Section 6-1 of
Chapter 70 of the Acts of the Assembly of 1968; and to amend
and re-enact Chapter 7 and Section 7-1 of Chapter 433 of the
Acts of the Assembly of 1962 and Sections 7-2 and 7-3 of
Chapter 70 of the Acts of Assembly of 1968 as Chapter 6 and
Sections 6-1, 6-2 and 6-3 , and amend and re-enact Chapter 7A
and Sections 7A-1 and 7A-2 of Chapter 70 of the Acts of the
Assembly of 1968 as Chapter 7 and Sections 7-1 and 7-2 , the
amended and re-amended sections relating to Clerk of the
Council ; salaries and wages ; appointment, qualifications,
term, removal and general powers and duties of the Town
Manager; record and codification of ordinances, disclosure
of interest, taxation and miscellaneous offices ; the deleted
sections relating to powers of the Town Manager as to mu-
nicipal officers , employees, etc. ; issuing justices and
police court .
BE IT ENACTED BY THE GENERAL ASSEMBLY OF VIRGINIA:
1. That Section 2-4 of Chapter 433 of the Acts of the
Assembly of 1962 be amended and re-enacted, as
follows :
Sec. 2-4. Clerk of the council.
The council shall appoint a municipal clerk who shall
be clerk of the council and who shall serve at and during
the pleasure of the council. The clerk of the council
shall attend all meetings of the council and shall keep
the journal of its proceedings and shall record all ordi-
nances and resolutions in a book or books kept for the
purpose. The clerk shall be custodian of the corporate
seal of the municipality and shall be the officer author-
ized to use and authenticate it . The clerk shall perform
such other duties and keep such other records as the council
or the general laws of the state require of town clerks .
All records in the clerk 's office shall be public records
and open to inspection at any time during regular business
hours. The clerk shall receive compensation as fixed by
the council. The council may appoint an acting clerk in the
absence of the clerk.
2. That Section 3-2 of Chapter 70 of the Acts of the
Assembly of 1968 be re-amended and re-enacted, as
follows:
Sec. 3-2 . Salaries and wages .
Compensation for members of the council, mayor and
all officers and employees shall be set by the council,
and the compensation for each councilman shall not ex-
ceed twenty-four hundred dollars per annum. The council
may pay the mayor compensation for his services as mayor
in addition to the compensation received as a council
member, but this additional compensation shall not be
132
MINUTES OF DECEMBER 31 , 1974 PUBLIC HEARING.
in excess of twelve hundred dollars per annum. The
council may appropriate funds to reimburse the mayor
and councilmen for direct out of pocket expenses while
performing their official duties .
3. That Section 4-3 of Chapter 433 of the Acts of the
Assembly of 1962 be deleted, and that Sections 4-1
and 4-2 of Chapter 433 of the Acts of the Assembly
of 1962 be amended and re-enacted, as follows :
Sec . 4-1. Appointment, qualifications , term, .removal.
The administrative and executive powers of the munici-
pality, except where in conflict with other provisions of
this Charter,{{�� ppyyincludiees, }}ngthe power of appointment of offi-
ra§n%b6ng` AR9.1TEaSca`s�'lpertoigapin} aT 'mmutinikale� Mj,
manager need not, when appointed, be a resident of the
municipality or the state. The municipal manager shall
hold office during the pleasure of the council. The mu-
nicipal manager shall be chosen solely on the basis of
his executive and administrative qualifications , with
special reference to his actual experience in or knowledge
of accepted practice in respect to the duties of his office.
Sec . 4-2. General powers and duties .
The municipal manager shall :
(a) See that within the municipality the laws , ordinances
(except the Zoning Ordinance) , resolutions and by-laws
of the municipality are faithfully executed and be re-
sponsible therefor to the council .
(b) Except as provided or directed elsewhere in this
Charter, appoint all directors, or heads of the ad-
ministrative departments , and all administrative
officers and employees of the municipality, and
deputies or assistants to such offices ;
(c) When deemed necessary and in accordance with personnel
and administrative organization policies approved and
adopted by the council, suspend, demote or remove all
such directors or heads and all other administrative
officers and employees of the municipality appointed
by him, except as he may authorize the head of a depart-
ment, an officer or an agency to exercise such powers
respecting subordinates in such department, office or
agency ;
(d) Supervise and control, directly or indirectly, all
administrative departments, agencies , offices and em-
ployees of the municipality in a manner which will
fully implement the personnel and administrative
organization policies approved and adopted by the
council ; and examine the records and books of the
office of treasurer;
(e) Prepare a budget annually and submit it to the council,
be responsible for the administration of the budget
after it goes into effect, and recommend to the council
any changes in the budget which he deems desirable ;
(f) Make reports to the council from time to time upon the
affairs of the municipality ; and, as of the end of the
fiscal year, submit to the council a complete report
on the finances and administrative activities of the
municipality for the preceding year;
(g) Keep the council advised of the financial needs and
condition of the municipality ;
133
MINUTES OF DECEMBER 31, 1974 PUBLIC HEARING.
(h) Make such recommendations on matters of policy and
other matters to the council as may seem to him de-
sirable or as the council may direct ;
(i) Have power, whenever the interests of the municipality
require, to assign employees of any department, bureau,
office or agency to the temporary performance of duties
in another department, bureau, office or agency ; pro-
vided, however, that he shall recommend changes in
personnel and administrative organization policies
approved and adopted by the council if such temporary
personnel changes extend beyond ninety days ;
(j ) Attend all council meetings and have the right to
speak and take part in discussion, but may not vote ;
(k) Be bonded by a fiduciary bond as the council deems
necessary ; and
(1) Perform such duties as are specified in this Charter
or as may be required by the council .
4. That Chapter 5 and Sections 5-1, 5-2 , 5-3, 5-4 and
5-5 of Chapter 433 of the Acts of the Assembly of 1962
be deleted, and that Chapter 5 and Sections 5-1 and
5-2 be re-enacted as follows :
CHAPTER 5
Ordinances
Sec . 5-1. Record and codification of ordinances .
Every ordinance, after passage, shall be given a
serial number and shall be recorded by the clerk in a
properly indexed book kept for that purpose. The council
may from time to time cause to be prepared a codification
of all or part of the general ordinances in force . Such
codification may be passed by the council as a single
ordinance without hearings or prior publication. This
codification, to be known and cited officially as the
Town Code, shall be printed and distributed as the council
may direct.
In so codifying such ordinances , the council may,
without limitation of the foregoing, arrange the various
ordinances and assign to them appropriate places arid sec-
tion numbers, create new titles, chapters, articles and
sections , correct unmistakable printer 's errors or other
unmistakable errors , make consequential changes in the
title of officers , agencies and references which are no
longer appropriate, and make such other consequential
changes , alterations, modifications, additions and substi-
tutions therein as it may deem best to the end that a
complete simplified Code of Ordinances in force shall be
present, but with errors , inconsistencies , repetitions,
ambiguities and conflicts eliminated.
Sec . 5-2 . Disclosure of interest.
The council is herebyempowered to enact a conflict
of interest and disclosure ordinance to govern elected
and appointed municipal officials not inconsistent with
the general law.
5 . That Chapter 6 and Section 6-1 of Chapter 70 of the
Acts of the Assembly of 1968 be deleted.
6 . That Chapter 7 and Section 7-1 of Chapter 433 of the
Acts of the Assembly of 1962 , and Sections 7-2 and
7-3 of Chapter 70 of the Acts of the Assembly of 1968
be amended and re-enacted as Chapter 6 and Sections
6-1, 6-2 and 6-3, as follows :
134
MINUTES OF DECEMBER 31, 1974 PUBLIC HEARING.
CHAPTER 6
Taxation
Sec. 6-1. Commissioner of revenue ; appointment, duties .
The municipal manager shall appoint, with the advice
and consent of the council, a commissioner of revenue, who
shall have the same power and duties provided by the Con-
stitution and general law for commissioners of revenue
for counties, who shall serve at the pleasure of the
municipal manager. The commissioner of revenue may utilize
the assessments of real property and personal property in
the Office of the Commissioner of Revenue for the County
of Loudoun for the assessment of real property and personal
property for the purpose of levying a tax by the council.
Sec . 6-2. Treasurer; appointment, duties .
The municipal manager shall appoint, with the advice
and consent of the council, a municipal treasurer, who
shall serve at the pleasure of the municipal manager.
The treasurer shall receive such compensation and give
such bond as may be prescribed by the council, and per-
form such duties as may be prescribed by the municipal
manager. (Acts 1968, ch. 70, § 1.)
Sec . 6-3. Office of treasurer and commissioner of
revenue may be combined.
The council may authorize the appointment of one indi-
vidual to fill the office of commissioner of revenue and
treasurer. (Acts 1968, ch. 70, § 1. )
7 . That Chapter 7A and Sections 7A-1 and 7A-2 of Chapter
70 of the Acts of the Assembly of 1968 be amended and
re-enacted as Chapter 7 and Sections 7-1 and 7-2, as
follows :
CHAPTER 7
Miscellaneous Offices ; Board
of Architectural Review
Sec . 7-1. Zoning administrator.
The council shall appoint a zoning administrator who
shall perform such duties as are required by the ordinances
of the town, general law and as may be prescribed by the
council. The zoning administrator need not reside in the
municipality during his term of office and shall hold office
at the pleasure of the council. The council may appoint
such deputy or acting or assistant zoning administrator as it
deems necessary . (Acts 1968, ch. 70, § 1 .)
Sec. 7-2 . Board of architectural review.
The board of architectural review shall be appointed by
the mayor by and with the consent of the council, and whose
duties shall be as prescribed in the Zoning Ordinance of the
town. (Acts 1968, ch. 70, § 1. )
An emergency exists and this Act is in force from its
passage .
Councilman Titus requested that a courtesy copy of the .Amendments,
along with the resolution, be sent to Senator Charles Waddell.
On motion of Councilman Rock, seconded by Councilman Ridder, the
Public Hearing was adjourned at 11 :58 A.M.
�A' Mayor
Cler o the Counci