The URL can be used to link to this page

Home My Public Portal About1996_07_01SPECIAL MEETING MINUTES JULY 1, 1996 A special meeting of the Leesburg Town Council was held on Monday, July 1, 1996 at 9:00 a.m., in the Council Chambers, 25 West Market Street. Notice having been delivered to all Councilmembers priorthereto. For the purpose of conducting an organizational meeting of the new Town Council. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembers present J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb B. J. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Deputy Town Manager Gary Huff Assistant Town Manager for Economic Development John King Clerk of Council Barbara Markhmd At 9:00 a.m., on the Town Green, the Oath of Office was conducted by Clerk of the Circuit Court Richard Kirk for incumbent Councilmembers Joseph R. Trocino, Kristen C. Umstattd, incumbent Mayor James E. Clem and Councilmember-elect B. J. Webb. At 9:30 a.m., the Town Council convened in the Council Chambers to conduct the organizational meeting. The Mayor and the members of tire Town Council welcomed B. J. Webb. Ms. Webb stated she looks tbrxvard to serving tire citizens of the town. Ms. Webb thanked everyone who took the time to help her prepare to take office as a councilmember. Mr. Brown also welcomed Ms. Webb on behalf of the town staff. MOTION: On motion of Mr. Wcbb, seconded by Mr. Trocino, the following motion was made. 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 Ibr this Executive Session is found in Section 2.1-344 (a), Subsection (1) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to consider appointments to the town's various boards and commissions. VOTE: Aye: Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb and Mayor Clem. None MOTION: On motion ot; and duly seconded, the tbllowing resolution was proposed and adopted. 96-135 - RESOLUTION CERTIFYING EXECUTIVE SESSION OF JULY 1, 1996 WHEREAS, the Town Council of tire 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 thc provisions of the Virginia Freedom of Information Act: NOW, THE RE FO R E, 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 requircmcnts under the Freedom of Information Act were discussed in the Executive Session to which this ccrtification applies: and 2) only such public business matters as were identified in the Motion by which thc said Exccutivc Session was convened were heard, discussed or considered by the Leesburg Town Council. VOTE: Aye: Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 96-136 - 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, 1996, and expiring on June 30, 1998, and coterminous with their terms of office. Airport Commission B. J. Webb Balch Library Advisory Commission J. Frank Buttery, Jr. Board of Architectural Review William F. Webb, Jr. Cable Commission William F. Webb, Jr. Economic Development Commission Jewell Emswiller Environmental Advisory Commission James E. Clem Parks and Recreation Advisory Commission Joseph R. Trocino Planning Commission William F. Webb, Jr. Tree Commission Joseph R. Trocino Loudoun Tourism Oversight Committee Jewell Emswiller Northern Virginia Planning District Kristen C. Umstattd Dulles Area Transportation Association Kristen C. Umstattd Annexation Area Development Policy Committee Joseph R. Trocino and J. Frank Buttery, Jr. with Jewell Emswillcr, B. J. Wcbb and Mayor Clem as alternates. Gilcorp Jewell Emswillcr VOTE: Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 96-137 - RESOLUTION - APPOINTING COUNCILMEMBERS AND MAKING CHAIRPERSON DESIGNATIONS TO THE PLANNING AND ZONING COMMITTEE, ADMINISTRATION AND PUBLIC WORKS COMMITTEE, FINANCE COMMITTEE AND PERSONNEL COMMITTEE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Thc following councilmembers are appointed to the Planning and Zoning Committee for terms beginning July 1, 1996, and expiring on June 30, 1998: B. J. Webb Jewell Emswillcr William F. Webb, Jr. SECTION II. William F. Webb, .:r. is appointed chairperson to the Planning and Zoning Committee. SECTION III. The tbllowing councilmembers are appointed to the Administration and Public Works Committee tbr terms beginning July 1, 1996, and expiring on June 30, 1998: J. Frank Buttery, Jr. Kristen C. Umstattd Joseph R. Trocino SECTION IV. Joseph R. Trocino is appo:nted chairperson to the Administration and Public Works Committee. '//l/96 -2- SECTION V. The following councilmembers are appointed to the Finance Committee for terms beginning July 1, 1996, and expiring on June 30, 1998: Jewell Emswiller James E. Clem J. Frank Buttery, Jr. SECTION VI. Jewell Emswiller is appointed chairperson to the Finance Committee. SECTION VII. The tbllowing councilmembers are appointed to the Personnel Committee for terms beginning July 1, 1996, and expiring on June 30, 1998: B. J. Webb James E. Clem Kristen C. Umstattd SECTION VIII. B. J. Webb is appointed chairperson to the Personnel Committee. VOTE: Aye: Nay: Councilmembers Buttery, Emswiller, Trocino, Um~tattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Ms. Umstattd, adopted. seconded by Mr. Buttery, the 96-138 - RESOLUTION - APPOINTING A VICE MAYOR following resolution was proposed and RESOLVED by the Council of the Town of Leesburg in Virginia as follows: William F. Webb, Jr. is appointed Vice Mayor for a term beginning July 1, 1996, and expiring June 30, 1998. VOTE: Aye: Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 96-139 - RESOLUTION - MAKING APPOINTMENTS TO THE AIRPORT COMMISSION WHEREAS, the terms of office for Airport Commission members Stanley Caulkins, Dewey Hill and William Haun expired on June 30, 1996. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Stanley Caulkins, Dewey Hill and William Haun are appointed to the Airport Commission for two year terms to expire on June 30, 1998. VOTE: Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Ms. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 96-140 - RESOLUTION- MAKING APPOINTMENTS TO THE BALCH LIBRARY COMMISSION WHEREAS, the terms of office tbr Balch Library Commission members James P. Lucier, John W. Toibert, Jr., and Donald R. Ward expired on June 30, 1996. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vi,rginia as follows: James P. Lucier, John W. Tolbert, Jr. and George F. Atwell are appointed to the Balch Librar., Commission for two ycar terms to expire on June 30, 1998. SP 7/1/96 -3- VOTE: Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Ms. Umstatt& seconded by Ms. Webb, the following resolution was proposed and adopted. 96-141 - RESOLUTION - MAKING APPOINTMENTS TO THE BOARD OF ARCHITECTURAl, REVIEW WHEREAS, the terms of office tbr Board of Architectural Review members Richard Forbes and Patricia Devine expired on June 30, 1996. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Richard Forbes and Patricia Devine are appointed to the Board of Architectural Review tbr two year terms to expire on June 30, 1998. VOTE: Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Ms. B. J. Webb, seconded by Mr. William F. Webb, the following resolution was proposed and adopted. 96-142 - RESOLUTION - MAKING APPOINTMENTS TO THE CABLE COMMISSION WHEREAS, the terms of otlice tbr Cable Commission members Barbara Cassidy, David Hall and Robert Latta, Jr., expired on June 30, 1996; and WHEREAS, a cable franchisee appointment vacancy currently exists; and WHEREAS, in accordance with Ordinance 95-0-24, adopted September 12, 1995, the Council shall appoint four members and the cable franchisee shall appoint three members by and with the consent of the Town Council. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. is appointed to the Cable Commission, by the franchisee with the consent of the Town Council, for a term to expire on June 30, 1997. SECTION II. Barbara Cassid¥ is appointed to the Cable Commission, by the franchisee with the consent of the Town Council, tbr a two year term to expire on June 30, 1998. SECTION III. Robert Latta, Jr. and David Hall are appointed to the Cable Commission for two year terms to expire on June 30, 1998. VOTE: Aye: Nay: Councilmembcrs Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Ms. Emswiller, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 96-143 - RESOLUTION - MAKING APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMISSION WHEREAS, the terms of office for Economic Development Commission members Charles Fincher, Peter O'Reilly and Ellen Wall expired on June 30, 1996; and WHEREAS, a vacancy currently exists due to the resignation of Robert Waldrup. SP '7/}/96 -4- THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Charles Fincher, Ellen Wall and Raymond Pelletier, Jr. are appointed to the Economic Development Commission for two year terms to expire on June 30, 1998. SECTION II. Murrell McLeod is appointed to the Economic Development Commission to fill the unexpired term of Robert Waldrup, whose term expires on June 30, 1997. VOTE: Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Ms. Umstattd, adopted. seconded by Mr. Buttery, the following resolution was proposed and 96-144 - RESOLUTION - MAKING APPOINTMENTS TO THE ENVIRONMENTAL ADVISORY COMMISSION WHEREAS, the terms of office for Environmental Advisory Commission members Charles Forbes, Jim Dorsey and John W. Tolbert, Jr., expired on June 30, 1996. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Charles Forbes, James Dorsey and John W. Tolbert, Jr. are appointed to the Environmental Advisory Commission for two year terms to expire on June 30, 1998. VOTE: Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Ms. Umstattd, seconded by Mr. Webb, the following resolution was proposed and adopted. 96-145 RESOLUTION - MAKING APPOINTMENTS TO THE LEESBURG PARKS AND RECREATION ADVISORY COMMISSION WHEREAS, the terms of office for Parks and Recreation Advisory Commission members Ernie Chandler, Catherine Dodds and John Laycock expired on June 30, 1996. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Ernie Chandler, Catherine Dodds and John Laycock are appointed to the Leesburg Parks and Recreation Advisory Commission for two year terms to expire on June 30, 1998. VOTE: Aye: Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. None MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 96-146 - RESOLUTION - MAKING APPOINTMENTS TO THE PLANNING COMMISSION WHEREAS, the terms of office for Planning Commission members Mike Belles, Susan Rutherford 'and Clifton Vaughan expired on June 30, 1996. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Susan Rutherford, Clifton Vaughan and Lawrence Schonberger are appointed to the Planning Commission for two year terms to expire on June 30, 2000. SECTION II. John David Kennedy is appointed to the Planning Commission to filled the unexpired term of B. J. Webb, whose term of office will expire on June 30, 1998. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, William F. Webb and Mayor Clem. Nay: None Abstain: Councilmember B. J. Webb SP 7/i/96 -5- MOTION: On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolution was proposed and adopted. 96-147 - RESOLUTION - MAKING APPOINTMENTS TO THE TREE COMMISSION WHEREAS, the terms of office for Tree Commission members William Detweiler, Nancy Guzik and Earl Hewer expired on June 30, 1996. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. William Detweiler, Earl Hewer and John Groothuis are appointed to the Tree Commission for two year terms to expire on June 30, 1998. SECTION II. Danny Osteen is appointed to the Tree Commission to fill the unexpired term of Lawrence Schonberger whose term of office expires on June 30, 1997. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. Nay: None MOTION: On motion of Mr. Buttery, seconded by Ms. Umstattd, the following ordinance was proposed and adopted. 96-0-22 - ORDINANCE - AMENDING SECTION 10-1 DEFINITIONS, OF THE TOWN CODE THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-1. Definitions of the Town Code is hereby amended as follows: Words and phrases used and contained in this chapter shall have the meanings ascribed to them by Section 46.2-100 of the Code of Virginia, except where the context clearly requires a different meaning. have tee meam~gs .... r ........ ~ .................................... , ..... r Amtique ~,~, ...... h;,4,. D.,eW ~, ..... ~;~ ....~;0~ .....actuaEy manufactured, or commissioner as a~ a~tique motor Commission: The state corporation commission. Commissioner: T~e commissioner of tee division of meter vehicles of tek state. and semitrailers i~ '~,~ mu~icipaEty ~.4 ,,,~,~ ~.~ an est~b!ished place ;" ~"~; .... ~ ...... municipality ~' ,,,h;.~ .~ ...... c k,,..; ....... ,ho ~vo ~.a ..... ao ~ .... ~ 4~.~ ..... kept Divis!om The division of motor vehicles of tek state. teed ~e ceeceal tee identity of a u;.. ....... street: ~e entire ~~~v ndav,, lines cf ............... I .... and publicly SF ';/1/9 5 -.6- ~t ........ ~'~' D.'e.7 meter ;'eh'de des:'g:'..ed te f,-,~.~l .... t .... thn. ih ...... hn,alo; .... t,~.t u;ith tho V* fer :".'e!atiens ef traff'.'c regu!atiens. pnel_'mat'.'c tires: .^J! tires 'inflated ':.".'th cempressed SP 7/1/96 -7- ~:ome part of hs own weight and that ef hs own lead rests upon er ~s carried by another vehicle. --r ........................... r ................... Fo!:'ce ....... state. mc:,e:v, entef a single !!ne et '.'eh;de& VOTE: SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall become effective immediately. Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor Clem. Nay: None MOTION: On motion of Mr. Buttery, seconded by Ms. Umstattd, the following ordinance was proposed and adopted. 96-0-23 - ORDINANCE - AMENDING SECTION 10-2 ADOPTION OF STATE LAW, OF THE TOWN CODE THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-2 of the Town Code is hereby amended as follows: Sec. 10-2 Adoption of state law. SF 7/1/96 -3- (a) Pursuant to sections 46.2-1313 and 1-13.39:2 of the Code of Virginia (1950), as amended, the provisions contained in Title 46.2 and in Article 2 (section 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia (1950), as amended, including all procedural, substantive, and penalty provisions relating to the operation of vehicles in this commonwealth are adopted, incorporated in this chapter by reference, made a part of this chapter as fully as if set forth herein, and are made applicable within the town. The incorporation by reference of these statutes shall not apply to those provisions, the violation of which constitutes a felony, or those provisions which are expressly inapplicable to towns. (b) It shall be unlawful for any person within the town to violate or fail, neglect or refuse to comply with the provisions of Title 46.2 and of Article 2, Chapter 7, Title 18.2 of the Town Code of Virginia (1950), as amended, which are adopted by this section. (c) It is the town council's intent that this section incorporating by reference state statutes shall include future amendments to the state statutes. The incorporation by reference in this section of future amendments to such state statutes shall become effective upon the effective date of such statutes as state law. n. ~ ,k~ provisions --,~ ..... ; ..... * .... ,.;.,~.~ ;. r~k..,,.~, e, a.,;.~o ~, o, a, n, <, ~, ~, a, 10, 11, 12, 13, !5, !6, !7, !~; CheF,er !0, Az~Sz[es 3, ~, 5, 6, 7, ~, 9, !~, !2, !3, !q, !5, !6, !?, !~, !9, ~d 20 ef T~[e neglect or refuse t ..... ~ ..... ;th ....... ';~- ~ '~ Code ~f V!r~ni~wh!c~ ;o :do,ted by this ~o.t;~. s~avares referenced in ~his sect!~n shall include fuVare amendments ~o ~e s~a~e SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall become effective immediately. VOTE: Aye: Clem. Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor None MOTION: On motion of Mr. Buttery, seconded by Ms. Umstattd, the following ordinance was proposed and adopted as amended. 96-0-24 - ORDINANCE - AMENDING SECTION 10-3 COMPLIANCE WITH CHAPTER, OF THE TOWN CODE THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-3 of the Town Code is hereby repealed. vioI~tien shall constitute a misdemeanor. SECTION II. This ordinance shall become effective immediately. VOTE: Aye: Clem. Nay: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb and Mayor None MOTION: On motion of Mr. Buttery, seconded by Ms. Umstattd, the following ordinance was proposed and adopted as amended. 96-0-25 - ORDINANCE - AMENDING SECTION 10-97 DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OF THE TOWN CODE THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-97 of the Town Code is hereby repealed. SP 7/1/96 -9- Article 2, Chapter 7, of Tit!e !8.2, Sections !8.2 266 et. seq. of the !950 Cede of Virginia, as amended, !8.2 270, !8.2 27!, !8.2 27!.! 2nd !8.2 272 of tee Code of X/~r~n~a. A'2 et2te stat,atee referenced~n this secEen shall ~c!'ade f'at'are amendmente to the etate etatutes. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shah become effective immediately. MOTION: On motion of, and duly seconded, the meeting was adjourned at 12:15 p.m. Clerk of Council J/ffmes E. Clem, Mayor /Town of Leesburg SP 7/1/96 -10-