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.
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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.
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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."
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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:
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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:
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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.
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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
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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