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HomeMy Public PortalAbout1976_12_22 14 1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON CHARTER AMENDMENTS, DECEMBER 22, 1976. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on De- cember 22, 1976. The meeting was called to. order by the Mayor at 7 : 37 P.M. , with the invocation being offered by Mr. Tolbert, and followed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Stanley D. Herrell, Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also. John Niccolls, Town Manager, Jeffrey H. Minor, Assistant to the Manager and George M. Martin, Town Attorney. Absent from the meeting was Councilmember Glen P. Cole. A Public Hearing, on Proposed Amendments, to the existing Charter of the Town of Leesburg was opened by the Mayor, with the Clerk read- ing the Notice of Public Hearing. Mayor Newman called attention to a correction needed in Sec. 7-1 of the proposed amendments - that being to change "commissioner of revenue" to read "Director of Finance. " Attorney Jean Clements, counsel for the Loudoun County School Board concerning a sewer agreement with regard to the J. Lupton Simpson Middle School between the School Board and the Council , asked if the proposed Sec. 3-4 had been included in the advertisement for public hearing. The Clerk replied that it had not been included. Mrs. Clements asked if Council intends to pursue the amendment of this section.at this meeting. Town Attorney Martin felt that Mrs. Clem- mats did not have a right to request such an observation since she is not a citizen of Leesburg. Mayor Newman advised that most of the proposed amendments to the Charter are just a word or two and, , in the case of Sec. 3-4, this is just the change of one word. As counsel for the School Board, Mrs. Clements raised the question of whether or not such a change could be adopted by the General Assembly at this session for the reason that it was not appropriately adver- tised and asked the purpose for this change at this time. Town At- torney Martin felt that Legislature could. amend a charter on its own even though it may not have gone to a referendum or been advertised. The town could ask its delegate to take care of this even though it was not advertised. He felt that a charter provision is not really necessary - the town has a perfect right to charge a different fee outside the corporate limits. Mr. Martin, in fact, failed to see why the School Board should be concerned with this amendment. Mrs. Clements said the School Board was not invited to appear before the Council tonight, but she raised the question gyperning the change of this word as counsel for the Board. The' Boar r at all further for- mal action was to be deferred until the meeting set with Council for the Town on January 19th. !le asked if this change was intended to affect the pending negotiations. Mayor Newman said it was done to update the Charter as they have done throughout the other amendments. Mr. W. Lynnhurst Johnson, Chairman of the Board of Zoning Appeals, inquired as to whether it is the purpose of the amendment to Section - 7A-3 to merely change by whom appointments to this. Board will be made and not any change in the government of the Board. He assumed that, when such a change is adopted, this would mean that either all members would have to be re-appointed or dismissed and others appointed. This was discussed by Council, with Town Attorney Martin feeling that the Council would not have the power of appointment except as terms expire of those in office at the time of adoption of these Charter amendments. Mr. Johnson was particularly interested in this because one of the member' s terms expires on December 31 of this year. Mayor Newman said the Judge has already been made aware of this and would make this appointment- these amendments will probably not be in force until sometime in March of next year. Mr. Martin suggested that perhaps they should start all over and have the Legislature terminate those in office - then start anew with staggered appointments. It was felt that no change was needed to this section of the proposed amendments. There was no further discussion on the proposed amendments. The mayor, therefore, closed the public hearing. 76-184 - Resolution - Proposing amendments to and requesting the General Assembly to amend the Charter of the Town of Lees- . burg. On motion of Mr. Bange, seconded by Mr. Rock, the proposed amend- ments were moved for adoption. Mr. Titus asked if the present salaries of Council will continue or will they have to be re-set as called for in Sec. 3-2. This was discussed, with the conclusion being that all 1 ��& ?- w MINUTES OF DECEMBER 22, 1976 MEETING. salaries, both Council and employees , have been set by adoption of the Budget. Mr. Niccolls explained that the present section provides for Council salaries in naming dollars. This has been superseded by two State Code provisions. Therefore, the present Charter language is superfluous. Mr. Titus also raised a question as to the• deletion of Sec. 7A-2, which would leave, no provision for appointing the Board of Architectural Review until such time as a new Zoning Ordinance is adopted. It was felt that perhaps'• the deletion of this' section 'is premature. Also, Sec. 7A-1provides for the elimination of appoint- ment by Council of a Zoning AdminAeirator,. _He..did not agree that this appointment should' be• made by "the. Manager. On motion of Mr. Titus , seconded by Mr. Rock, the following amendment was proposed: Strike the last line of the second paragraph of Sec. 4-1 ; Delete Sections 7A-1 and 7A-2 in subsection 2 of Section I of the resolution, as well as reference thereto in the introductory paragraph of Section I. Mr. Niccolls pointed out that the appointment of municipal officers in one •section of the Code is the responsibility of the manager. - he is held responsible for the performance of these officers, yet he is not given this authority in this case. Thus, he would be. denied the authority to administer the Zoning Ordinance. He asked that Council consider the State law on' the- appointment of zoning administrators, - which would state that the Council shall provide for a zoning ordi- nance' and it shall include the method of appointment of a zoning ad- ministrator - he had no problem with appointment by the manager with - the consent of the Council . The amendment was unanimously adopted: Aye: Councilmembers Bange, Merrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. The resolution, as amended, was then unanimously adopted and reads as follows : • . WHEREAS, pursuant to Sec. 15. 1-912 of the Code of Virginia 1950, as amended, this Council held a public hearing on proposed amendments to the Charter of the Town of Leesburg beginning at 7 : 30 P.M. , December 22, 1976 ; and WHEREAS, the citizens of the Town of Leesburg desire amend- ment of the Charter of the Town of Leesburg: NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. A proposed amendment to the Charter of the Town of Leesburg is hereby adopted as follows : CHAPTER An Act to amend and re-enact Sections 2-2, 2-3, 3-1, 3-2, 3-4, 4-1 , 4-2. 1 and 7,1, as severally amended, of Chapter 433 of the Acts of Assembly of 1962, which provided a char- ter for the Town of Leesburg in the County of Loudoun; and to amend such chapter by adding Sections 2-8 and 7A-3; and to repeal Sections 2-5, 3-5, 7-2 and 7-3, the amended, added and repealed sections relating to town council, adoption of state law provisions, mayor, salaries and wages, utility rates, duties of manager, treasurer, commissioner of revenue, damage to property, council meetings, mayor and council ex- penses and the Board of Zoning Appeals. BE IT ENACTED BY. THE GENERAL ASSEMBLY OF VIRGINIA: 1. That Sections 2-2, 2-3, 2-6, 3-1 , 3-2, 3-4, 4-1 , 4-2. 1 and 7-1 , as severally amended, of Chapter 433 of the Acts of Assembly of 1962 are amended and re-enacted and that such chapter is amended by adding Sections numbered 2-8 and 7A-3 as follows : MINUTES OF DECEMBER 22, 1976 MEETING. § 2-2. Election; composition; terms of office. Councilmembers shall be elelted to four-year terms on the first Tuesday in May of every even-numbered year in the manner herein provided. Three councilmembers shall be elec- ted in the municipal elections held in May, nineteen hundred seventy-eight, and in municipal :elections held every four years thereafter. Three councilmembers shall be elected in the municipal elections held in May, nineteen hundred eighty, and in municipal elections held 'every four years thereafter. The members of the council shall] take office on the first day of July after their election. Said councilmembers shall continue to discharge the duties of their respective offices until their successors have qualified. The members of the council in office at the effective date of this charter amend- ment are hereby continued in office for the terms to which they were elected. ' § 2-3. Election of Mayor, term of office and mayor pro tem- pore. The mayor in office at the effective date of this charter amendment is hereby continued in office until the first day of July, nineteen hundred seventy-eight. On the first Tuesday in May, nineteen hundred seventy-eight, there shall be elected by the qualified voters of the municipality, a mayor for a term of two years, beginning on the first day of July, nineteen hundred seventy-eight. On the first Tuesday in May of each even-numbered year following nineteen hundred seventy-eight, the mayor shall be elected for a term of two years, beginning on the first day of July of the year of the mayor' s election. The mayor so elected shall continue to discharge the duties of the office until a successor shall have qualified. The mayor shall preside at all meetings of the council and shall be a regular member of the council. S The mayor shall be recognized as the head of the munici- pal government for all ceremonial purposes, the purpose of military - law .and the service of civil process. The mayor shall authenticate, by signing, such documents and instruments as the council, Constitution or general laws require., At its first regular meeting after .July 1 in the year a mayor is elected, the council shall elect from among its mem- bers a .mayor pro tempore for a -term of two years -who shall act as mayor during the mayor' s absence or disability. § 2-6. Vacancies in office of councilmember. Vacancies in the office of councilmember for whatever cause shall be filled for the unexpired portion of the term by majority vote of the remaining members of _the council . If the council shall fail to fill a vacancy in its membership within ninety days of the occurrence of the vacancy, such va- cancy shall be filled by appointment of the Judge of the Cir- cuit Court of Loudoun County, Virginia. § 3-1. Adoption of State law provisions. The powers set forth in §§ 15. 1-837 through -15. 1-907, of the Code of Virginia as in forceonJanuary 1, ,1976, are here- by conferred upon and vested in the TownofLeesburg. § 3-2. Salaries , .wages and expenses. Compensation for all officers and employees shall be set by the council. § 3-4. Utility rates. The municipality shall have .the -power and right to charge a different rate for any utility service rendered or conven- ience furnished to users without the corporate limits from X44 MINUTES OF DECEMBER 22; 1977 MEETING. the rates charged for similar service to users within the cor- porate limits . 4-1. Appointment of Manager. The council shall appoint, by majority vote of all the members elected thereto, an officer of the municipality who shall have the title of Manager, who shall have the powers and perform the duties set forth in this Charter or by ordinance. The manager shall be appointed for an indefinite term. He shall be removable at 'any time at the pleasure of the council . The action of the council in suspending or removing the mana- ger shall be final , it being the intention of this Charter to vest all authority and fix all responsibility for any such sus- pension or removal in the council. The manager shall be chosen by the council solely on the basis of his executive and administrative qualifications in the profession of public management. At the time of his ap pointment he need not be a resident of the municipality or State, but during his tenure of office he shall reside in the municipality; provided, however, that in case a nonresident is appointed, the council may authorize a reasonable period to comply with this requirement. § 4-2. 1 . General powers and duties. The manager shall be the chief executive officer and the head of the administrative agencies of the municipality. He shall be responsible to the council for the proper adminis- tration of the affairs of the municipality and, subject to the provisions of this Charter, he shall have power and be required to: (a) Appoint and when necessary suspend, demote and remove any of the appointive officers and employees of the munici- pality except as otherwise provided in this Charter; (b) Prepare the budget estimates annually, submit them to council , and administer the budget adopted annually; (c) Keep the council informed of the current financial condi- tion and future needs of the municipality;' (d) Delegate to subordinate officers and employees of the mu- nicipality any duties conferred upon him by this Charter and by ordinance, and hold them responsible for their faithful discharge; (e) Execute, on behalf of the municipality, contracts for sup- plies and services as authorized by the council ; (f) Perform such duties as are spectified in this Charter or as may be required by the council ; (g) Enforce this Charter and all ordinances and resolutions of council ; (h) Supervise and control , directly or indirectly, all admin- istrative departments, agencies , offices and employees of the municipality in a manner which will fully implement • the personnel and administrative organization policies ap- proved and adopted by the council ; and examine the records • and books of the department of finance; (i) Make reports to the council from time to time upon the af- fairs of the municipality; and, as of the end of the fis- cal year, submit to the council a complete report on the finances and administrative activities of the municipality for the preceding year; (j ) Make such recommendations on matters of policy and other matters to the council as may seem to him desirable or as the council may direct; 1 ;x.5 MINUTES OF DECEMBER 22, 1977. MEETING. ' X (k) Have power, whenever the interests of the municipality re- quire, to assign employees of any department, bureau, of- fice or agency to the -temporary performance of duties in another department, bureau, office or agency, provided, 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 ; (1) Attend all council meetings and have the right to speak and take part in discussion but not vote; and (m) Be bonded by a fiduciary bond as the council deems neces- sary. § 7-1 . Director of Finance. The municipal manager shall appoint, with the advice and consent of the council , a Director of Finance who shall be the chief financial official of the municipality and who shall have the same power and duties provided by the Constitution and general law for commissioners of revenue for counties, who shall serve at the pleasure of the municipal manager. The Director of Finance may utilize the assessments of real property and personal property in the office of the Commis- sioner of Revenue for the County of Loudoun for the assess- ment of the real property and personal property for the pur- pose of levying a •tax by the council. § 2-8. Mayor and councilmembers ' expenses. • The council may appropriate funds to reimburse the mayor and councilmembers for direct out-of-pocket expenses incurred while performing their official duties. • § 7A-3. Board of Zoning Appeals, appointment. S The Board of Zoning Appeals created by Section 15. 1-494 of the Code of Virginia of 1950 as amended shall be appointed by the Mayor with the consent of the council and shall be or- ganized and have the powers and duties prescribed by Sections 15. 1-494 and 15. 1W495 of the Code of Virginia of 1950 as amended, provided that removal of members for malfeasance, misfeasance or nonfeasance in office or other just cause shall be by the Circuit Court of Loudoun County.. 2. That Sections 2-5, 3-5, 7-2 and 7-3, as amended, of Chap- ter 433 of the Acts of Assembly of 1962 are repealed. 3. That an emergency exists and this act is in force from its passage.- President of the Senate Speaker of the House of Delegates Approved: Governor SECTION II. The Council of the Town of Leesburg requests the General Assembly of the Commonwealth of Virginia to amend the Charter of the Town of Leesburg as described in Section I of this resolution. SECTION III. The Clerk shall forward two copies of this reso- lution to Earl Bell , Delegate and Charles L. Waddell, Senator from Loudoun County to the General Assembly, for presentation to the General Assembly. Aye: Councilmembers Bange, Herren,- Rock, Titus, Tolbert and Mayor Newman. Nay : None. MINUTES OF DECEMBER 22, 1976, MEETING. 76-185 - Resolution - Authorizing Bengtson-DeBell, Inc. to prepare final plans for water distribution system im- provements. - On motion of Mr. Bange, seconded by Mr. Tolbert, the following resolution was .proposed and , unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Bengtson-DeBell , Inc. , consulting engineers, is authorized under its August 26, 1976 agreement with the town to pre- pare detailed -plans, specifications , construction and bid documents for water distribution system improvements de- scribed escribed as follows : 1. Connection of existing standpipe to Market Street. 2. Installation of 8-inch main in Ayr and Loudoun Streets. 3. Extension of 8-inch main in Catoctin Circle between Ca- toctin School and Dry Mill Road. 4. Connection of South King Street and Dry Mill Road with 12-inch main in Lee and Davis Avenues. 5. Connection of Harrison. Street and South King Street with 6-inch main parallel to Route 15. 6. Loop connection from Country Club Drive to Country Club Apartments . Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 76-186 - Resolution - Authorizing execution of Amendatory Grant Agreement. ' On motion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: . WHEREAS, the Town of Leesburg (the "Town") entered into a certain Grant Agreement with the United States of America (the "Government") with respect to Project No. WS-VA-79 ; and WHEREAS, the Town and the Government desire -to amend •the said Grant Agreement in certain respects, and the Government pursuant thereto has submitted to the Applicant for execution of a certain Amendatory Grant Agreement No. 1 (the "Amenda- tory Agreement") which said Amendatory Agreement is satis- factory. RESOLVED by the Town Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The said Amendatory Agreement, a copy of which is attached hereto, be and the same is hereby approved. The Town Manager is hereby authorized and directed to execute the said Amendatory Agreement in the name and on behalf of the Town, in as many counterparts as may be necessary, and the Clerk of Council is hereby authorized and directed to affix or impress the official seal of the Town thereon and to at- test the same. SECTION II. The Clerk of Council is further directed to for- ward the said executed counterparts of the said Amendatory Agreement to the Government, together with ,spch ,other docu- ments evidencing the approval and authorization to execute the same as may be required by the Government. Aye: Councilmembers Bange, Herrell , Rock, Titus , Tolbert and Mayor Newman. Nay: None. 7 MINUTES OF DECEMBER 22, 1976 MEETING. 76-187 - Resolution - Authorizing notice of publication of second public hearing on Community Development Funding Pre-Appli- cation. - On motion of Mr. Titus, seconded by Mr. Rock, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Town Council of the Town of Leesburg, Vir- ginia, as follows : A Notice of Public Hearing relative to the town' s pre-appli- cation for federal Community Development Block Grant dis- cretionary funds shall be published in the Loudoun Times- Mirror on December 30, 1976 for Public Hearing on Wednesday- January 12 , 1977 at 7 : 30 P.M. in the Council Chambers; 10 West Loudoun Street, Leesburg, Virginia Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert • and Mayor Newman. Nay: None. 76-188 - Resolution - Denying request of Michael A. Curry to con- duct flight -instructions at Leesburg Munici- pal Airport. - ed On motion of Mr. Tolbert, seconded by Mr. Titus , the following -� resolution was proposed and adopted by a vote of 5 to 1 : RESOLVED by the Council of the Town of Leesburg, Virginia as follows : The November 12, 1976 application from Michael A. Curry for permission to carry on part-time flight instructions at Lees- burg Municipal Airport is denied. Ayer Councilmembers Bange, Herrell , Titus, Tolbert and Mayor Newman. Nay: Councilmember Rock. Agreement for extension and use of sanitary sewer service to J. Lupton Simpson Middle School . A proposed resolution aORR 2 n ear ei t for the abovementioned subject was read by the Cler1C`/ Mt. cHerre1T objeXted to consideration of this resolution until it has been to workshop session. It was, there- fore, referred to workshop for further discussion. 76-189 - Resolution - Accepting the donation of land by Mr. Chester L. Williams. On motion of Mr. Titus, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS , Chester L. Williams has offered to donate approxi- mately 3. 25 acres of land lying on the east of Harrison Street south of Catoctin Circle to the town for public park and recreation purposes : • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. That the donation of approximately 3. 25 acres of land located on the east side of Harrison Street south of Ca- toctin Circle by Chester L. Williams is accepted. SECTION II. The Mayor is authorized to acknowledge this do- nation by executing the deed and the Clerk shall attest the Mayor' s signature. SECTION III. On behalf of the citizens of Leesburg, this Coun- cil extends its sincere appreciation for the donation by Mr. Williams. Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 148 MINUTES OF DECEMBER 22, 1976 MEETING. Mr. Titus .requested that, upon recordation of this deed, the proper committee of the Planning Commission be advised and asked to seek some immediate use for this land within the next ,calendar year and make recommendation to the Planning Commission in the very near future: Mr. Niccolls called attention to a letter from Mr. Bengtson con- cerning low pressure in the northwest section of town. He recommends that the booster station not be designed and built at this time, but wait until after the pipes are in the ground, then take measurements and make a decision on the booster station. This would be late next year. There was discussion concerning the advertised public hearing by the Planning Commission on the proposed Subdivision Ordinance. Mr. Titus was disturbed that the .Commission was holding a hearing be- fore the Council has even had a workshop session on it. 76-190 - Resolution - Receiving and referring the' application of John A. Wallace, Jr. and Thomas W. Nalls, Trustees, tor revision of the Zoning District Map to the Planning Commission for public hearing and recommendation under Chapter 11 , Title 15. 1 of the Code of Virginia, 1950, as amended. . On motion of Mr. Bange, seconded by Mr. Herrell; the following resolution was proposed and adopted by a vote of 5 to 1 abstention: RESOLVED •by the Council of the Town of Leesburg, Virginia, as follows : The application of John A. Wallace, Jr. and Thomas W. Nalls, Trustees, for revision of the zoning district map, assigned Application No. ZM-16, is received and referred to the Plan- ning Commission for public hearing and recommendation under Chapter 11 , Title 15. 1 of the Code of Virginia, 1950, as amended. Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Titus. 76-191 - Resolution - Granting waiver of site plan fee for Leesburg Volunteer Fire Company. On motion of Mr. Tolbert, seconded by Mr. Herrell , the following resolution was proposed and adopted by a vote of 5 to 1 abstention: RESOLVED that the request for waiver of site plan fee is granted to the Leesburg .Volunteer Fire Company for a proposed addition to the fire station on West Loudoun Street in the Town of Lees- burg. Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Titus. Mr. Lee Johnson of Leesburg Aviation Corporation said that _their attorney has indicated that, in substance, the town and Leesburg Avia- tion are in agreement, however, the written document has not been completed yet. He said it will be ready in a few days and asked that it be distributed to Council members for review. Mayor Newman stated that Council could be prepared to discuss this at its January 5, 1977 workshop session and invited Mr. Johnson to be present for that meet- ing if he so desires. There was discussion concerning the wastewater management facili- ties plan. It was decided that this matter will be discussed at the January 5, 1977 workshop meeting, with Mr. Dickerson and Mr. Walsh, representing Mr. Paul Hoffman, being notified after a decision has been reached by the Council . as to the course it wishes to follow. On motion of Mr. Rock, seconded by Mr. Tolbert, the meeting was adjourned at 9 : 03 P.M. Clerk of tiecouncil Mayor