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HomeMy Public PortalAbout1992_07_01143 SPECIAL MEETING OF THE LEESBURG TOWN COUNCIL JULY 1, 1992 A special meeting of the Leesburg Town Council was held on July 1, 1992, at 9:00 a.m., in the Council Chambers, 25 West Market Street. Notice having been delivered to all members of the Council prior thereto. The meeting was called to order by Mayor James E. Clem. Mayor Clem, on behalf of the new Council, welcomed everyone. INVOCATION was given by Councilmember Georgia W. Bange. SALUTE TO THE FLAG was led by Director o~ Finance Paul E. York ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor Jsmes E. Clem Staff members present Town Manager Steven C. Brown Assistant Town Manager for Economic Development and Administration Peter Stephenson Director of Finance Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Gary Huff Chief of Police James M. Kidwell Public Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Messinger Mayor Clem recognized Leesburg Board of Supervisor Joan Rokus. Ms. Rokus addressed the Council congratulating them on their new positions. She wished them a happy new fiscal year. She stated that the board has just completed some very valuable strategic planing sessions in which six Wp priority goals were identified. · · · · · · To improve the efficiency of county government and provide accountability to the public. To improve the vitality of Loudoun's economy by increasing the diversity and stability of Loudoun's economic base. To develop a county-wide transportation plan. To manage natural resources and waste materials to protect the environment and public health. To assure a safe and healthy community. To develop a comprehensive educational plan. "Many of these goals are very important to the Town of Leesburg as well as to the county. The county will work closely with the town in developing and implementing strategies to see that these goals are met." Ms. Rokus stated that she looks forward to a successful working relationship with the Town Council. Ms. Umstattd addressed Mr. Brown to confirm that notice of the executive session was properly given under the Freedom of Information Act. Mr. Brown assured Ms. Umstattd that proper notice was given. Mr. Brown, on behalf of the town st_~ff, welcomed the new councilmembers. 144 Special meeting minutes of July 1, 1992 MOTION Councilmember Trocino made the following motion: Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344(a), Subsection (1), of the 1950 Code of Virgini~ as Amended. The purpose for this Executive Session is a personnel matter relative to the vacancy on the Leesburg Town Council. The motion was seconded by Councilmember Bange. VOTE Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION Councilmember Bange made the following motion: I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. The motion was seconded by Councilmember Webb. VOTE Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Councilmember Bange, seconded by Councilmember Webb, the following resolution was proposed and adopted. 92-104 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF JULY 1, 1992 WHEREAS, the Town Council of the Town of Leesburg, Virginia has this day convened in Executive Session in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Leesburg Town Council. DISCUSSION Ms. Umstattd stated "that under Section 2.1-344.1 of the Code of Virginia this certification process requires that to the best of the members knowledged (1) only public business matters lawfully exempted from open meeting requirements under this Chapter and (2) only such public business matters as were identified in the motion by which the executive or closed meeting was convened were heard, discussed or considered in that meeting by the public body. Any member of the public body who believes that there was a departure from the requirements of subdivisions I and 2 above shall so state prior to the vote indicating the substance of the departure that in his judgement has taken place. The statement shall be reported in the minutes of the public body." "There might be some disagreement among the Councilmembers whether certain matter discussed was within the notice on the closed meeting." Ms. Umstattd stated that Mr. Atwell raised a concern during executive session that he did not like surprises. "It was generalized concern. I did not feel it fell within the notice that was sent out as to the reason why we were going into executive session." 145 Special meeting minutes of July 1, 1992 Mr. Clem stated "that Mr. Atwell's statement was made and that he felt the statement was in context in as much as a notice was sent out that there would be a meeting and the intent of the meeting was to meet 8t9:00 a.m., to handle the business affairs as noted. A combination of errors between myself and the town only one notice was sent out stating that there would be a 6:30 p.m., meeting. When the town was contacted to prepare a 9:00 a.m., meeting it was quickly sent out also. But Mr. Atwell had previous engagements and was kind enough to readjust his schedule to be present this morning." VOTE Aye: Councilmembers Atwell, Bange, Trocino, Webb and Mayor Clem Nay: Umstattd MOTION On motion of Councilmember Trocino, seconded by Councilmember Webb, Ronald W. Blake was nominated to fill Town Council vacancy. DISCUSSION Mr. Trocino stated that Mr. Blake was a Lot~doun County Planning Commission member followed by the chairmanship of that body. Mr. Trocino has watched Mr. Blake's career for the past 20-odd years. "I know him to be a man of impeccable character, wisdom, depth and understanding. He maintains many of those qualities, the qualities of experiential leadership that is important for this council to seek when we fill a vacancy. Mr. Blake came in fourth in the last election and while it has been the custom of past Council's to look strongly at that it is not a requirement yet the people of Leesburg did speak strongly for Mr. Blake. Personally, I think highly of him. He will be a credit to this Council. I look forward to being a colleague with him. I respect him the most for - this man was a combat veteran of World War II. He fought his way across central europe with an M-l, a machine gun and a flame thrower. If he can handle that he can handle anything they throw at him here.' Ms. Umstattd stated that Mr. Blake is a fine candidate and would be very happy to serVe with him. She stated that her first preference would be a member of the minority community. "I spoke with Mr. Mervin Jackson who I thought would be an excellent candidate for Council and he in fact said that he supported Mr. Blake." VOTE Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Councilmember Bange, seconded by Ms. Umstattd, the meeting was adjourned at 11:00 a.m., in order to notify Mr. Blake of his appointment, to allow Mr. Blake enough time to be sworn in at the County Clerk's office and to come to the meeting. VOTE Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 92-105 - RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG TOWN COUNCIl, WHEREAS, Councilmember James E. Clem was elected Mayor of the Town of Leesburg on May 5, 1992; and WHEREAS, Councilmember Clem will officially take office as Mayor on July 1, 1992; and WHEREAS, this will create a vacancy on the Leesburg Town Council: 146 Special meeting minutes of July 1, 1992 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Ronald W. Blake is appointed to the Leesburg Town Council to fill the unexpired term of Councilman James E. Clem, whose term as councilmember will expire on June 30, 1994. VOTE Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb and Mayor Clem Nay: None Mayor Clem welcomed Mr. Blake to the Leesburg Town Council and noted that Mr. Blake had been officially sworn in and all documents in place before any action was taken. MOTION On motion of Councilmember Webb, seconded by Councilmember Bange, the following ordinance was proposed and unanimously adopted. 92-0-23 - ORDINANCE - AMENDING AND READOPTING SECTION 10-2 OF THE TOWN CODE TO CORRESPOND WITH TITLE 46.2 OF THE CODE OF VIRGINIA, AS AMENDED WHEREAS, appropriate provisions of Title 46.2 of the 1950 Code of Virginia, as amended, may be incorporated in the Town Code by reference; and WHEREAS, the town is required to revise its local ordinance in order to bring the Town Code up-to-date and incorporate therein changes in the 1992 legislation adopted by the General Assembly: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That Section 10-2 of the Town Code is hereby amended and readopted to read as follows: Sec. 10-2. Adoption of state law. All of the provisions and requirements contained in Chapter 8, Articles 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17 and 18, Chapter 10, Articles 1, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of Title 46.2 Subtitle III of the Code of Virginia, as amended, presently in effect, to the extent that such provisions are not included in this code, except those which by their very nature can have no application within the municipality, or which the violation thereof constitutes a felony, are incorporated and made by reference a part of this chapter as fully as though set out herein, and are hereby made applicable within the municipality. It shall be unlawful for any person, within the municipality or its jurisdiction to violate or fail, neglect or refuse to comply with any section of the Code of Virginia which · is adopted by this section. SECTION II. The penalties applicable to said violations are hereby incorporated. SECTION II1. All prior ordinances and resolutions in conflict herewith are repealed. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and MAyor Clem. Nay: None MOTION On motion of Councilmember Webb, seconded by Councilmember Umstattd, the following ordinance was proposed and unanimously adopted. 92-0-24 - ORDINANCE - READOPTING SECTION 10-97 OF THE TOWN CODE TO CORRESPOND TO SECTION 18.2-266 et. seq. OF THE CODE OF VIRGINIA, AS AMENDED, AND PRESENTLY IN EFFECT THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: 147 Special meeting minutes of July 1, 1992 SECTION I. Section 10-97 of the Town Code is hereby readopted as follows: Section 10-97. Driving while under the influence of alcohol or drugs; adoption of current state law. Article 2, Chapter 7, of title 18.2, Sections 18.2-266 et. seq., of the 1950 Code of Virginia, as mended, and presently in effect is hereby adopted and made a part of this chapter as fully as though set out herein, and specifically, but not exclusively, Sections 18.2-266; 18.2-267; 18.2-268; 18.2-268.1 through 18.2-268.12, 18.2-269, 18.2-270, 18.2-271.1 and 18.2-272 of the said Code of Virginia. SECTION II. The penalties applicable to said violations are hereby incorporated. SECTION m. All prior ordinances and resolutions in conflict herewith are repealed. VOTE Aye: CouncilmembersAtwell, Bange, Blake, Trocino, Umstattd, Webb and MayorClem Nay: None MOTION On motion of Councilmember Umstattd, s~conded by Councilmember Trocino, Councilmember William F. Webb was nominated as Vice-Mayor. 92-106 - RESOLUTION - APPOINTING A VICE MAYOR RESOLVED by the Council of the Town of Leesburg in Virginia as follows: William F. Webb is appointed Vice Mayor for a term beginning July 1, 1992, and expiring June 30, 1994. VOTE Aye: Councflmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Councilmember Trocino, seconded by Coundlmember Umstattd, the following resolution was proposed and unanimously adopted. 92-107 RESOLUTION - MAKING COUNCIL APPOINTMENTS AND CHAIRPERSON DESIGNATIONS TO THE PLANNING AND ZONING COMMITTEE AND TO THE ADMINISTRATION AND PUBLIC WORKS COMMITTEE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following councilmembers are appointed to the Planning and Zoning Committee for terms beginning July 1, 1992, and expiring on June 30, 1994. Ronald W. Blake Joseph R. Trocino William F. Webb SECTION II. William F. Webb will serve as the Chairperson to the Planning and Zoning Committee. SECTION IH. The following councilmembers are appointed to the Administration and Public Works Committee for terms beginning July 1, 1992, and expiring on June 30, 1994. George F. Atwell Georgia W. Bange Kristen C. Umstattd SECTION IV. Georgia W. Bange will serve as the Chairperson to the Administration and Public Works Committee. 148 Special meeting minutes of July 1, 1992 VOTE Aye: Councilmembers AtweH, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Councilmember Blake, seconded by Councilmember Umstattd, the following resolution was proposed and unanimously adopted. 92-108 - RESOLUTION - MAKING COUNCILMANIC APPOINTMENTS TO THE TOWN'S BOARDS AND COMMISSIONS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The following councilmanic appointments are made for terms beginning July 1, 1992, and expiring on June 30, 1994, and coterminous with their terms of office. Airport Commission George F. Atwell Board of Architectural Review Ronald W. Blake Cable Commission William F. Webb Economic Development Advisory Commission Joseph R. Trocino - Georgia W. Bange Environmental Advisory Commission Ronald W. Blake Parks and Recreation Advisory Commission Georgia W. Bange Planning Commission William F. Webb Northern Virginia Planning District Kristen C. Umstattd - Joseph R. Trocino(alt.) Leesburg Renaissance Incorporated Georgia W. Bange Convention and Visitors Bureau George F. Atwell Dulles Area Transportation Association James E. Clem Annexation Area Development Policy Committee George F. Atwell - Joseph R. Trocino VOTE Aye: Coundlmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None NEW BUSINESS Mayor Clem referred to the proposed special meeting of the Council scheduled for July 18, and stated that the Council needs to prepare a list of items of importance and need to be addressed immediately. "This list can then be consolidated and prioritized and as we start down the list don't put an hour or 45 minutes to a topic but to actually talk to that topic until we come to some resolution. So that when we put closure on it~ it is closed." "There are some pressing issues that this Council needs to discuss. One of them is what is the status of this building. I know there is a problem with having this building cooled. I would like to know why the mechanical engineers from Chicago won't come in here and assist the company that has installed the heating and cooling system." Mayor Clem stated that some one needs to be appointed to the Emergency Planning Committee. Mr. Trocino stated that he would like*pursue the issue of creating a finance and budget committee of the Council. Mayor Clem stated that the Council felt they needed to go back to a committee that would oversee finances. This committee would make recommendations and report to the full Council on a regular basis. Mr. Atwell stated that he would be willing to chair the finance committee. He further stated that he has seen areas where a committee of this sort can work to the advantage of the governing body, the Council and staff. So that the staff perfectly understands what the Council feels about goals and objectives and what they need in the way of preparing a budget as well as transmitting back to the Council thoughts that the staff may have. Mayor Clem stated that this committee would meet whenever the Council deems necessary and at the 149 Special meeting minutes of July 1, 1992 will of the Council. Mr. Clem also suggested creating a personnel committee that would talk to personnel and ethics. These committees will be ad hoc committees. Mr. Trocino stated that the Council is here to help the town staff and get a handle of the long view. "It is important to say that the personnel committee is not aimed at a management level." Appointed to the Finance Committee is George F. Atwell, Chairman, Mayor Clem and Councilmember Umstattd. Appointed to the Personnel Committee is Georgia W. Bange, Chairperson, Councilmembers Blake and Trocino. Staff was asked to prepare legislation for the July 14, 1992, Council agenda. MOTION On motion of Councilmember Bange, seconded by Councilmember Trocino, the meeting was adjourned at 12:00 noon. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None James E. Clem, Mayor Barbara Messinger, Clerl/of Council