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14 1 <br /> MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING <br /> ON CHARTER AMENDMENTS, DECEMBER 22, 1976. <br /> A regular meeting of the Leesburg Town Council was held in the <br /> Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on De- <br /> cember 22, 1976. The meeting was called to. order by the Mayor at <br /> 7 : 37 P.M. , with the invocation being offered by Mr. Tolbert, and <br /> followed with the Salute to the Flag. Present were: Mayor Mary <br /> Anne Newman, Councilmembers Charles E. Bange, Stanley D. Herrell, Jr. , <br /> James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also. John <br /> Niccolls, Town Manager, Jeffrey H. Minor, Assistant to the Manager <br /> and George M. Martin, Town Attorney. Absent from the meeting was <br /> Councilmember Glen P. Cole. <br /> A Public Hearing, on Proposed Amendments, to the existing Charter <br /> of the Town of Leesburg was opened by the Mayor, with the Clerk read- <br /> ing the Notice of Public Hearing. Mayor Newman called attention to a <br /> correction needed in Sec. 7-1 of the proposed amendments - that being <br /> to change "commissioner of revenue" to read "Director of Finance. " <br /> Attorney Jean Clements, counsel for the Loudoun County School Board <br /> concerning a sewer agreement with regard to the J. Lupton Simpson <br /> Middle School between the School Board and the Council , asked if the <br /> proposed Sec. 3-4 had been included in the advertisement for public <br /> hearing. The Clerk replied that it had not been included. Mrs. <br /> Clements asked if Council intends to pursue the amendment of this <br /> this meeting. Town Attorney Martin felt that Mrs. Clem- <br /> mats did not have a right to request such an observation since she <br /> is not a citizen of Leesburg. Mayor Newman advised that most of <br /> the proposed amendments to the Charter are just a word or two and, <br /> , in the case of Sec. 3-4, this is just the change of one word. As <br /> counsel for the School Board, Mrs. Clements raised the question of <br /> whether or not such a change could be adopted by the General Assembly <br /> at this session for the reason that it was not appropriately adver- <br /> tised and asked the purpose for this change at this time. Town At- <br /> torney Martin felt that Legislature could. amend a charter on its own <br /> even though it may not have gone to a referendum or been advertised. <br /> The town could ask its delegate to take care of this even though it <br /> was not advertised. He felt that a charter provision is not really <br /> necessary - the town has a perfect right to charge a different fee <br /> outside the corporate limits. Mr. Martin, in fact, failed to see <br /> why the School Board should be concerned with this amendment. Mrs. <br /> Clements said the School Board was not invited to appear before the <br /> Council tonight, but she raised the question gyperning the change of <br /> this word as counsel for the Board. The' Boar r at all further for- <br /> mal action was to be deferred until the meeting set with Council for <br /> the Town on January 19th. !le asked if this change was intended to <br /> affect the pending negotiations. Mayor Newman said it was done to <br /> update the Charter as they have done throughout the other amendments. <br /> Mr. W. Lynnhurst Johnson, Chairman of the Board of Zoning Appeals, <br /> inquired as to whether it is the purpose of the amendment to Section - <br /> 7A-3 to merely change by whom appointments to this. Board will be made <br /> and not any change in the government of the Board. He assumed that, <br /> when such a change is adopted, this would mean that either all members <br /> would have to be re-appointed or dismissed and others appointed. This <br /> was discussed by Council, with Town Attorney Martin feeling that the <br /> Council would not have the power of appointment except as terms expire <br /> of those in office at the time of adoption of these Charter amendments. <br /> Mr. Johnson was particularly interested in this because one of the <br /> member' s terms expires on December 31 of this year. Mayor Newman <br /> said the Judge has already been made aware of this and would make <br /> this appointment- these amendments will probably not be in force until <br /> sometime in March of next year. Mr. Martin suggested that perhaps <br /> they should start all over and have the Legislature terminate those <br /> in office - then start anew with staggered appointments. It was felt <br /> that no change was needed to this section of the proposed amendments. <br /> There was no further discussion on the proposed amendments. The <br /> mayor, therefore, closed the public hearing. <br /> 76-184 - Resolution - Proposing amendments to and requesting the General <br /> Assembly to amend the Charter of the Town of Lees- . <br /> burg. <br /> On motion of Mr. Bange, seconded by Mr. Rock, the proposed amend- <br /> ments were moved for adoption. Mr. Titus asked if the present salaries <br /> of Council will continue or will they have to be re-set as called for <br /> in Sec. 3-2. This was discussed, with the conclusion being that all <br />