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
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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;
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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