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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