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HomeMy Public PortalAbout1995_02_28TOWN COUNCIL MEETING MINUTES OF FEBRUARY 28, 1995 A regular meeting of the Leesburg Town Council was held on February 28, 1995, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Vir~nia. The meetingwas called to order by the Mayor. INVOCATION was given by Councilmember Trocino SALUTE TO THE FLAG was led by Councilmember Webb ROLL CALL Councilmembers present George F. Atwell Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Gary A. Huff Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Town Clerk Barbara Messinger APPROVAL OF lVHNUTES The special meeting minutes of February 8, 1995 are to be resubmitted as corrected by Councilmember Atwell. MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the regular meeting minutes of February 14, 1995 were approved as written. VOTE Nay: Abstain: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd PETITIONERS Terry Young. Chairman of the Parks and Recreation Commission, presented an update of the Commission's work. Pastor Nickels, representing Loudoun Baptist Temple located on Edwards Ferry Road, addressed the Council opposing the opening of Catoctin Circle. tie listed increased traffic, safety of Sunday school children and church buses as reasons not to open Catoctin Circle. COUNCH34EMBER COMMENTS Mr. Webb thanked Terry Young for the Parks and Recreation Commission update. Mr. Webb wished Gene Amer the best of luck with his new position. Mr. Buttery echoed Mr. Webb's comments regarding Mr. Arner and the Parks and Recreation Commission update. Ms. Umstattd thanked Officer Maupin for his arrest of the first youth that escaped from the Youth Detention Center. Ms. Umstattd encouraged notification to the Town Council of emergency situations in the town. She announced the death of Mr. Jack White, American Legion Post 34 Commander. Ms. Umstattd attended the Dulles Area Transportation Association meeting on February 23, where a briefing was presented on the expansion at Dulles Airport. Dulles Airport will be going from about 11.7 million passengers a year up to 55 million a year. A major expansion is being undertaken currently. Mr. Trocino noted the enthusiasm and professionalism of the Parks and Recreation Commission. He considers it an honor to be a member of the group. He attended a meeting of the Master Plan for the Arts in Loudoun County and Leesburg and is pleased to be a part of the program. Mr. Atwell had no comment. Ms. Emswiller had no comment. MAYOR'S REPORT Mayor Clem also wished Mr. Arner well. Mayor Clem recently attended two Blue and Gold Boy Scout dinners. MANAGER'S REPORT Mr. Brown highlighted the Activity Report. LEGISLATION 9.(a) MOTION On motion of Mr. Buttery, seconded by Mr. Webb, the following ordinance was proposed and adopted. 95-0-5 - AN ORDINANCE: AMENDING SECTION 2-25 OF THE TOWN CODE REGARDING ROBERT'S RULES OF ORDER ORDAINED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 2-25 of the Leesburg Town Code is amended to read as follows: Sec. 2-2S. Application of Robert's Rules of Order. The provisions of Robert's Rules of Order, revised, shall govern the council in its meetings, except insofar as such provisions are inconsistent with law. New business may be transacted durin~ special town council meetings if all members of town council present vote to consider new business. SECTION II. This ordinance shall be in effect upon its passage. DISCUSSION Ms. Umstattd stated she would vote against item 9.(a), expressing concern about the appearance the Town Council is giving to the public. She stated it may be perceived that the Council is hiding things from the public. Mr. Buttery stated, it is not the intent of the Town Council to railroad any legislation through. It is important to note that there must be a majority vote of all councilmembers present. VOTE Aye: Nay: 9.(b) This item was referred to the March 1, 1995 special meeting. 9.(d), (e). (fl.f~).(h).fi). (j),ik).(l).(m).¢o). MOTION Councilmembers Atwelk Buttery, Emswiller, Trocino, Webb, and Mayor Clem Councilmember Umstattd CO2/'28/95 -2- On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent and adopted. 95-30 - RESOLUTION: AMENDING RESOLUTION 91-259 (COMPREHENSIVE SIGN PACKAGE CSP- 91-01 BATTLEFIELD SHOPPING CENTER) TO INCLUDE SIGNAGE RECOMMENDED BY THE BOARD OF ARCHITECTURAL REVIEW APPLICATION #BAR-95-10 WHEREAS, on November 26, 1991 the Council approved a Comprehensive Sign Package for the Battlefield Shopping Center as recommended by the Board of Architectural Review on October 21, 1991; and WHEREAS, the owner, Provident Life and Accident Insurance Company, requested the following changes be approved and included with the comprehensive sign plan: An alteration to the existing monument sign which eliminates the reference to Battlefield Shopping Center and increases the sign area of the director. An alteration to the approved (but not constructed) monument sign at the intersection of Route 15 and Edwards Ferry Road which permits the inclusion of signage that will exceed 40 square feet and list up to six categories of services available at the shopping center. The installation of a 14 foot monument sign on Edwards Ferry Road in the raised median between the Mobil Gas Station and Crestar Bank. WHEREAS, the Board of Architectural Review considered this application and recommended conditional approval of BAR-95-10, subject to the Council authorizing the increase in sign area: WHERE2~, the signs listed in #2 and #3 exceed the permitted sign area contained in the regulations and must be specifically authorized by Council pursuant to Section 10A-17 of the Leesburg Zoning Ordinance. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Comprehensive Sign Plan (CSP-91-01) for Battlefield Shopping Center is hereby amended by reference to include the additional signage and increase in sign area as requested by the applicant and conditionally approved by BAR-95-10. 95-31 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC CROSSING SECTION 2A RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Potomac Crossing Section 2A. SECTION II. The extension of municipal water and sewer for Potomac Crossing Section 2A is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION IlL The corporate surety bond in a form approved by the town attorney from the American Insurance Company in the amount of $502,636.00 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Potomac Crossing Section 2A. 95-32 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND SEWER EXTENSION PERMIT FOR POTOMAC CROSSING STORMWATER MANAGEMENT/PUMP STATION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Potomac Crossing Stormwater Management/Pump Station. SECTION II. The extension of municipal sewer for Potomac Crossing Stormwater Management/Pump Station is approved in accordance with Sections 15-9 of the Town Code. SECTION III. The corporate surety bond in a form approved by the town attorney from the American Insurance Company in the amount of $433,344.00 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works CO2/28/95 -3- for Potomac Crossing Stormwater Management/Pump Station. 95-33 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR GREENWAY FARM SECTION 6 RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Greenway Farm Section 6. SECTION II. The extension of municipal water and sewer for Greenway Farm Section 6 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION IlL The corporate surety bond in a form approved by the town attorney from the American Home Assurance Company in the amount of $538,569.57 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Greenway Farm Section 6. 95-34 - A RESOLIYrlON: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR GREENWAY FARM SECTION 7 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Greenway Farm Section 7. SECTION II. The extension of municipalwater and sewer for Greenway Farm Section 7 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The corporate surety bond in a form approved by the town attorney from the American Home Assurance Company in the amount of $395,545.70 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Greenway Farm Section 7. 95-35 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR PARK VIEW ESTATES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Park View Estates. SECTION II. The extension of municipal water and sewer for Park View Estates is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from Virginia First Savings Bank in the amount of $499,154.10 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Park View Estates. 95-36 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR THE TOWNES OF VANDERBILT WHEREAS, Council Resolution #94-247, adopted on November 22, 1994, authorized an agreement for installation of public improvements and approved water and sewer extension permits for The Townes of Vanderbilt; and WHEREAS, the developer, Double T Corporation, did not provide a performance guarantee for the public improvements; and WHEREAS, the final subdivision plat for The Townes of Vanderbilt cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and CO2/28/95 -4- WHEREAS, the estimated cost to install the public improvements shown on the approved construction drawings for The Townes of Vanderbilt has been reduced by the Director of Engineering and Public Works from $181,928.00 to $89,073.70 based on improvements installed as of February 6, 1995; and WHEREAS, the developer proposes to provide a letter of credit from The Washington Bank in the amount of $89,073.70 to guarantee the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for The Townes of Vanderbilt. RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for The Townes of Vanderbilt. SECTION II. The irrevocable letter of credit in a form approved by the town attorney from The Washington Savings Bank in the amount of $89,073.70 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for The Townes of Vanderbilt. SECTION IlL The contract for installation of public improvements authorized by Resolution #94-247 will be cancelled after the new contract and performance guarantee approved in Sections I and II above are executed and in effect. 95-37 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 11 WHEREAS, Globe USA, Inc., the developer of Exeter Section 11, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $1,219,000.00 from the District of Columbia Riggs National Bank confirmed by the Riggs National Bank of Virginia was provided by the developer to guarantee the installation of public improvements for Exeter Section 11; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one (1) year for the installation of public improvements is hereby approved for Exeter Section 11. SECTION II. The letter of credit from the District of Columbia Riggs National Bank confirmed by Riggs National Bank of Vir~nia in the amount of $1,219,000.00 is approved to guarantee the installation of public improvements for Exeter Section 11. 95-38 A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT GREENWAY FARM REGIONAL STORMWATER MANAGEMENT POND PHASE I WHEREAS, Trafalgar House, the developer of the Greenway Farm Regional Stormwater Management Pond Phase I, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Home Assurance Company in the amount of $152,000.00 is released. A new security in a form approved by the town attorney for a maintenance guarantee in the amount of $38,000.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 95-39 - A RESOLUTION: AUTHORIZING THE CLOSING OF MARKET STREET BETWEEN CHURCH AND WIRT STREETS AND KING STREET BETWEEN CORNWALL AND LOUDOUN STREETS AND THE MARKET STREET ENTRANCE AND EXIT TO THE PARKING GARAGE CO2/28/95 -5- WHE~, the Fifth Annual Flower and Garden Festival is scheduled on April 22-23, 1995; and WHEREAS, downtown Leesburg will be transformed into four blocks of botanicallandscaped gardens with related retail vendors; and WHEREAS, last year's event succeeded in attracting over 15,000 participants to downtown Leesburg; and WHEREAS, the event requires the closing of Market Street between Church and Wirt Streets and King Street between Cornwall and Loudoun Streets, as well as the Market Street exit and entrance to the parking garage: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Authorization is hereby granted to close Market Street between Church and Wirt Streets and King Street between Cornwall and Loudoun Streets, as well as the Market Street exit and entrance to the parking garage from 9:00 p.m. Friday, April 21, until 9:00 p.m. April 23, 1995. 95-40 A RESOLUTION: AUTHORIZING EN'I~RING INTO A CONTRACT WITH JEFF FOXWORTHY TO PERFORM AT THE COUNTRY WESTERN MUSIC SHOW WHEREAS, the Parks and Recreation Department will be conducting a Country Western Music Show at Ida Lee park on June 3, 1995; and WHEREAS, the show is expected to draw at least 12,000 spectators; and WHEREAS, the Parks and Recreation Department has reviewed numerous offers by performers as required by the town's purchasing policy; and WHEREAS, Jeff Foxworthy has been selected to perform at the Country Western Music Show; and WHEREAS, through East Coast Entertainment, the department has negotiated a performance price of $41,000; and WHEREAS, on February 21, 1995, the Town Council's Finance Committee recommended approval to enter into a contract with Jeff Foxworthy by a vote of 3-0: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: The Town Manager is hereby authorized to enter into a contract with Jeff Foxworthy in the amount of $41,000 to perform at the Country Western Music Show. 95-41 - A RESOLUTION: AUTHORIZING A NON-RESIDENT LIBRARY CARD FEE FOR THE THOMAS BALCH LIBRARY WHEREAS, the Library Advisory Commission has reviewed the issue of establishing reciprocal agreements with other localities versus charging a non-resident library card fee; and WHEREAS, the town currently has a reciprocal agreement with Loudoun County; and WHEREAS, the Library Advisory Commission has determined it more practical to charge a non- resident library card fee due to the small circulating collection at the Thomas Balch Library; and WHEREAS, the Library Advisory Commission has recommended the non-resident library card fee be set at ten dollars per year: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. The Town Manager is authorized to put into place procedures to collect a non-resident library card fee at the Thomas Balch Library effective immediately. SECTION II. The annual cost of the non-resident library card fee shall be ten dollars. 95-42 - A RESOLUTION: WAIVING RENTAL AND STAFF FEES AT THE IDA LEE RECREATION CENTER FOR THE LOUDOUN COUNTY HIGH SCHOOL ALL-NIGHT DRUG AND ALCOHOL FREE GRADUATION PARTY WHEREAS, the Loudoun County High School All-Night Drug and Alcohol Free Graduation Party Committee has requested a waiver of rental and staff fees for the use of Ida Lee Recreation Center for their 1995 All-Night Graduation Party on June 16 and 17; and CO2/28/95 -6- WHEREAS, the event is scheduled after normal operating hours and requires fees be paid to cover staff costs of $620 and rental fees of $1,460 for a total of $2,080; and WHEREAS, on February 21, 1995, the Town Council's Finance Committee recommended waiving the staff and rental costs for the AH-Night Graduation Party by a vote of 3-0. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to waive the staff and rental fees in the amount of $2,080 for the AH-Night Graduation Party. 95-43 - A RESOLUTION: AUTHORIZING THE EXECUTION OF A LETTER OF INTENT TO LEASE APPROXIMATELY 1.85 ACRES TO THE LEESBURG VOLUNTEER FIRE COMPANY FOR A FIRE STATION WHEREAS, on December 9, 1994, the town purchased a 6.3-acre site on Plaza Street for the purpose of locating a public safety center; and WHEREAS, the Leesburg Volunteer Fire Company requires a site for a fire station in the town's northeast quadrant; and WHEREAS, preliminary negotiations have been on-going with fire company representatives and the attached letter of intent has been completed; and WHEREAS, the public safety center is scheduled to be constructed over the next two years and is required to meet police and fire safety needs of the town's growing population. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized to execute the letter of intent to lease approximately 1.85 acres to the Leesburg Volunteer Fire Company in a form approved by the Deputy Town Attorney. VOTE Aye: Nay: Abstain: 9.(c) Councilmembers AtweH, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Trocino (g),(h),(l) This item was referred to the Planning and Zoning Committee meeting of March 7, 1995. 9.(n) This item was referred to the March 1, 1995 special meeting. 9.(0 MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and unanimously adopted. 95.44 - A RESOLUTION: AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR THE PAXTON SECTION 2 SUBDIVISION WHEREAS, Paxton Development Company, Inc., the developer of the Paxton Section 2 Subdivision, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements and the previously approved extension thereto which expired on February 21, 1995; and WHEREAS, the developer has requested a one year time extension to complete the public improvements; and WHEREAS, a letter of credit in the initial amount of $187,966.60 from F & M Bank Winchester was provided by the developer to guarantee the installation of public improvements in the Paxton Section 2 Subdivision and this letter of credit was reduced to the current amount of $37,593.22 by Resolution No. 92-158 adopted on August 11, 1992 by the Town Council. This letter of credit automatically renews for 3 month C02/28/95 -7- periods and is currently in effect until May 13, 1995; and WHEREAS, the developer has not completed the grading in the rear of lot 19 in conformance with the approved final lot grading plan and was notified in writing by the town on October 27, 1993 and again on April 29, 1994 to complete the grading work; and WHEREAS, the Director of Engineering has approved the amount of $37,593.22 as sufficient to complete the public improvements in the Paxton Section 2 Subdivision; and WHEREAS, the completion of the public improvements is a high priority of the town and the developer should proceed with completion of the work as soon as possible. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from F & M Bank Winchester in the amount of $37,593.22 is approved to guarantee the installation of public improvements in the Paxton Section 2 Subdivision. SECTION II. A time extension to August 21, 1995 for completion of the public improvements is approved with the following conditions: a. The construction work necessary to complete the requiredgrading of lot 19 must begin before March 15, 1995. b. The construction work necessary to fill, regrade and stabilize lot 19 shall be completed before SECTION IlL Failure by the developer to meet any of the deadlines established in the conditions of Section II will constitute a default under the contract. The developer may request additional time extensions if the improvements are not completed due to factors beyond the developer's control. SECTION IV. The conditions of this resolution shall be incorporated as amendments to the contract for installation of the public improvements for Paxton Section 2 Subdivision and agreed to by the developer. SECTION V. In the event the developer fails to meet any of the deadlines established in Section II of this resolution then the Town Manager is hereby authorized to declare the developer in default of its contract for public improvements for the Paxton Section 2 Subdivision and to request payment pursuant to the letter of credit from F & M Bank Winchester in the amount of $37,593.72 and to prepare and execute all required documents and undertake all necessary actions to enforce all terms of said contract. DISCUSSION Mr. Murphy, representing Paxton 2, stated an agreement has been reached with the Sneads and the work will be completed. VOTE Aye: Councilmembers Atweik Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None 9.(t) was removed from the agenda. 10. NEW BUSINESS MOTION Mr. Trocino moved that agenda item 10. New Business be adopted. The motion was seconded by Mr. Webb. DISCUSSION Ms. Emswiller requested the item be sent to the Planning and Zoning Committee for further discussion. She stated she has many questions. Mr. Trocino pointed out the possible loss of thousands of dollars to the home buyer if the sewer line is not allowed to be installed. Mayor Clem pointed out that the Council has always worked by the policy that if a member of Council requests an item be referred to the appropriate committee, it would be referred. However, the alternative to that is a motion to overrule and move forward. Ms. Umstattd stated she sees both sides of the issue, however she does not like the committee process being CO2/28/95 -8- circumvented. She asked why these people did not come before the Town Council earlier so that the normal process could have been followed? Mr. Trocino stated he respects Ms. Emswiller's position to honor the committee process. MOTION A motion was made by Mr. Atwell to overrule Ms. Emswiiler's request and to continue discussions. The motion was seconded by Mr. Webb. Mr. Atwell stated that the Council should know what will happen if the Council does not take action on this matter. The financing on this piece of property goes away on March 10. If it goes away on March 10, then it is going to cost the contract owner a considerable amount of money. If the Council is prepared to be responsible for that, then send it back to Committee. Mayor Clem stated there is a motion on the floor to suspend the portion of the rules that are normally followed, and the Council act on this legislation tonight. Ms. Emswiller asked Mayor Clem to explain how this ruling applies. She stated she did not realize there is another rule that could override the rule to send an item to committee. She asked how many people have to then vote for that rule? Mayor Clem responded, the majority. He stated this was a topic discussed at Carradoc Hall during the Council's worksession. This is the way the Council would supersede that rule - to call for a vote. The same is true for items that go back to committee, in that, they could only go back one time without a vote. Ms. Emswiller stated that she understood this ruling would apply if an item was being sent back to committee for the second time. Not for the first time. Ms. Emswiller requested clarification of this rule. Mayor Clem: "I just made the rule.~ Mr. Atwell: ~I am entitled to make any motion that I desire and if I get a second to that motion, it is debatable.~ Ms. Emswiller asked for clarification from the town's legal counsel. Mayor Clem stated the Council can vote on this - if the majority of the Council votes to act on this legislation. Ms. Emswiller stated she did not know that the Mayor could make a rule tonight to vote tonight. What the Council discussed at Carradoc Hall was if a matter came before this Council for the second time, and a member of Council asked to send it back to Committee, then a vote could be taken. Mayor Clem stated that is correct. Ms. Emswiller stated this is not the second time this matter has come before this Council. It is the first time she has known anything about it. It has not come before the Council before. How can you have a motion to override a motion tonight and to not send this matter back to committee.? Mayor Clem stated, Robert's Rules permits this to occur. Ms. Emswiller asked if this is correct and requested legal counsel to address this. Mayor Clem stated, if it is ruled that the Council can act on this tonight, then the Council can discuss this in depth before voting. Ms. Umstattd stated that Mr. Trocino has made a fairly compelling case for this matter needing some fast action. However, the Council should not get in the habit of encouraging people to bring things like this at the last minute out of the Committee structure. Mr. Webb stated he did not believe there is any written rule in Robert's Rules of Orders that allows a Councilmember to request an item be sent back to committee. This is something that the Councils have done over the last few years. It is a policy established by previous Councils. Mayor Clem stated the question is whether or not the Council has the ability to suspend their rules, vote on an issue and then move on. The Council has to take a vote to suspend their rules. After discussion with Deputy Town Attorney Debra Welsh, Mayor Clem stated, because this is an ordinance, Robert's Rules of Order does not have a provision that allows the Council to vote and act on this tonight. Chuck ~Jones, representing the home buyers of the property, provided an explanation. C02/28/95 -9- Ms. Umstattd expressed concern about the removal of trees for the sewer line installation. Ms. Emswiller expressed the importance of each Councilmember knowing the full extent of what is being proposed. She stated she was not aware of this issue and does not believe it is inappropriate to request that it be sent to the appropriate committee for more information. Mr. Jones stated everyone was provided notification of intent many months ago. He apologized for not knowing the proper procedures. This item was referred to the Special Meeting of March 1, 1995. Mayor Clem asked Mr. Brown if staff is prepared to submit a balanced budget with no tax increase, and the same level of service. MOTION On motion of, and duly seconded, the meeting was adjourned at 9:05 p.m. J~mes E. Clem, Mayor C02/28/95 -10-