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HomeMy Public PortalAbout2010_tcmin0608COUNCIL MEETING June 8, 2010 Council Chambers, 25 West Market Street, 7:30 p.m. Vice Mayor Hammler presiding. Council Members Present: Thomas Dunn, II, Vice Mayor Katie Sheldon Hammler, David Butler, Marty Martinez, Kenneth "Ken" Reid, and Kevin Wright. Council Members Absent: Mayor Kristen Umstattd Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Public Works Director Tom Mason, Airport Director Tim Deike, Deputy Zoning Administrator Wade Burkholder, Director of Utilities Randy Shoemaker, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Call to Order 2. Invocation was lead by Council Member Dunn 3. Salute to the Flag was lead by Council Member Reid 4. Roll Call showing Mayor Umstattd absent 5. Minutes a. Work Session Minutes of May 24, 2010 On a motion by Council Member Martinez, seconded by Council Member Wright, the work session minutes were passed 6-0-1 (Umstattd absent) b. Regular Session Minutes of May 25, 2010 On a motion by Council Member Martinez, seconded by Council Member Wright, the minutes were passed 6-0-1 (Umstattd absent) 6. Adopting the Meeting Agenda (Amendments and Deletions) Council Member Wright made a motion to adopt the meeting agenda as presented. The motion was seconded by Council Member Reid. The motion to adopt the meeting agenda passed by the following vote: Aye: Dunn, Butler, Hammler, Martinez, Reid, and Wright Nay: None Vote: 6-0-1 (Umstattd absent) 7. PRESENTATIONS a. None. 8. PETITIONERS The Petitioners section was opened at 7:31 p. m. There were no petitioners. The Petitioners section was closed at 7:31 p.m. Town Council Meeting of June 8`2010 Page 2 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Dunn, the following consent agenda was proposed: a. Approving the Police Department's Plan for the 2010 JAG Grant RESOLUTION 2010-060 Approving the Police Department's Plan to Utilize the FY 2010 Justice Assistance Grant (JAG) in the Amount of $11,936 for the Purchase of Emergency Response Equipment b. Virginia Retirement System Authorization RESOLUTION 2010-061 Authorization for the Town of Leesburg to Pick Up the Employee's Contribution to VRS Under Section 414(h) of the Internal Revenue Code for Plan 2 Employees c. Duathlon Fee Waiver Request RESOLUTION 2010-061 Approving the Waiver of Fees for the Proposed Virginia Charity Duathlon at Leesburg The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, and Wright Nay: None Vote: 6-0-1 (Umstattd absent) 10. PUBLIC HEARINGS a. To Amend and Reordain Section 6-22 (Fixed Base Operator License Fees) of Article II (Leesburg Executive Airport) of Chapter 6 (Aviation) of the Code of the Town of Leesburg, VA, 2009, as Amended and Section 6-22 of Appendix B, Fee Schedule The public hearing was opened at 7:32 p.m. Tim Deike stated this code change is to correct an oversight. He stated a Fixed Base Operator (FBO) Fee is charged to any entity that operates from the airport. He stated one type of for-profit organization has not been charged the FBO fee. He stated this ordinance change would cause this type of for- profit organization to pay the same FBO fee all other airport based businesses are charged. Council Member Dunn questioned how much this for-profit organization would be charged. Mr. Deike stated one of the other organizations based at the airport has netted the town $80,000 in FBO fees. The following email from Steve Smestad was read into the record: "We have been advised of an agenda item at the May 13 Airport Commission meeting which proposes that businesses on the airport pay -- an annual FBO tax. I want to register my concerns, highlight some points for consideration and register the impact that this proposed tax Town Council Meeting of June 8, 2010 Paae 3 would have to our business and other similar businesses who are simply located at the airport but who do not use any airport facilities. This issue is not new and was raised most recently in 2003. After consideration, this taxation was not pursued due to the impact it would have on the airport. Please see a copy of my letter dated December 23, 2003 to the Interim Director of the Airport. I would like to highlight a few points for consideration: 1. The proposed tax is directed at businesses that are not FBOs or even related to an FBO business. The FBO tax was designed to tax businesses that generate income because they use airport facilities. What is being proposed is a tax on businesses that do not generate any income from the airport. This would be unfairly taxing companies who do not interface with the airport and do not generate any income off of the airport or any of its services. I understand taxing businesses that generate income from the airport but not businesses who do not. 2. The proposed tax would unfairly burden and segregate our business simply because we are located at the airport. 3. We fairly pay the City of Leesburg and Loudoun County taxes for our location. 4. As a point of reference, no one in our company lives in Leesburg and only 2 employees live in Loudoun County, the closest being 8 miles from Leesburg. Loudoun County and the City of Leesburg have enjoyed tremendous growth over the past several years and the fuel to this ~~ growth has been the business friendly atmosphere that has been promoted. The fact that not one single aircraft is parked in Fairfax County at Dulles Airport is testament to that County's position on tax. Loudoun County has enjoyed the benefits of that County's position not only with aircraft being located in Loudoun County but all the businesses that support these aircraft, the employment, infrastructure and taxes paid, all because the aircraft are located in Loudoun County. Although this didn't directly impact the City of Leesburg, it does serve to highlight the impact of taxation on business growth and development. I would also like to point out that this is a very bad time to levy additional tax burdens on businesses when they are already stretched in this time of economic uncertainty and difficulty. Our company has had to make changes to adapt and we cannot afford to be further burdened. I recognize we are not alone and everyone's revenues are down including the City of Leesburg. However, I don't believe it is appropriate or fair to tax businesses especially considering there is no additional service or benefits being provided. This is a tax for the sake of a tax and it is an unfair burden to place on our business. We can't charge our customers any .more during this period of economic uncertainty. I can however, understand a tax to a business that is generating income off the airport and using its services to further its business, such as an FBO. Short of that, you are just penalizing those businesses who happen to be here. I ask you to carefully consider the Town Council Meeting of June 8,_2010 Page 4 unfair nature of this proposed tax and its impact on businesses like ours. --- If this proposed tax' is imposed, I will review its impact to our business. I do not wish to move but if I am forced to relocate my business off the airport, I will relocate out of Loudoun County not as a penalty but simply because there are more less expensive locations and more convenient for our employees. I ask that you remove this tax from consideration." Council Member Reid questioned how many businesses will be paying FBO fees and how much revenue does the airport expect to generate. Mr. Deike stated that this addition will mean that all the businesses have to pay the same fee. He noted the fee is based on 1% of the businesses gross receipts. Ms. Irby stated there is only one business at the airport that is not currently paying the tax. She stated that is because this particular business type was erroneously left out of the code. Council Member Reid clarified that this particular business could move out of their subleased space at the airport, but the landlord, Landmark Aviation, would still be liable for the lease for the space. Council Member Wright questioned whether inclusion of airport financing as a FBO is standard practice at other airports. He clarified '~' that this is in addition to the BPOL taxes that the business is required to pay. Mr. Deike stated the federal grants received by the airport state that the town has to charge everyone equally so by charging some this FBO fee and not others, we are not in compliance with our grant requirements. Ms. Irby confirmed that the FBO fee is in addition to the BPOL taxes. Mr. Deike confirmed that the Airport Commission has reviewed and recommended this change. He also confirmed that Landmark Aviation has no objections to this change. He stated that other airports have a similar category that has to be applied to every business operating out of their airport. Council Member Reid questioned what other airports charge for an airport maintenance fee. Mr. Deike stated other airports charge a varying fee. Council Member Wright confirmed that this fee is part of the cost of doing business from the airport. The public hearing was closed at 7:46 p.m. Town Council Meeting of June 8,2010 Page 5 On a motion by Council Member Butler, seconded by Council Member Dunn, the following was proposed: -- ORDINANCE 2010-0-013 To Amend and Reordain Section 6-22 (Fixed Base Operator License Fees) of Article II (Leesburg Executive Airport) of Chapter 6 (Aviation) of the Code of the Town of Leesburg, VA, 2009, as Amended and Section 6-22 of Appendix B, Fee Schedule The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, and Wright Nay: None Vote: 6-0-1 (Umstattd absent) b. Excessive Occupancy Memorandum of Understanding The public hearing was opened at 7:47 p.m. Wade Burkholder explained the memorandum of understanding (MOU) as the culmination of staff work between the town and county where the county will provide assistance with excessive occupancy investigations by looking at the situation based on the Virginia Property Maintenance Code. He stated the town staff will continue to look at the violations per the Zoning Ordinance, as they arise. He stated the Board of Supervisors has approved the execution of the agreement. Council Member Wright stated when this was at the Board of Supervisors, there was some confusion that this was assistance in seeking zoning ordinance enforcement, but this is only related to building code u..a provisions that the town staff is unable to enforce. Mr. Burkholder stated there are two different paths by which the jurisdictions can investigate overcrowding situations at the same time. He stated the town can look at the situations with regards to family relationships as per the zoning ordinance. He stated the Property Maintenance Code talks to the number of persons per square footage inside the structure. Council Member Wright stated the county building inspectors can also look at other building code violations with respect to ingress/egress. He stated the MOU is meant to bring the county resources, which should be available to the town as a building code enforcement issue, into use during excessive occupancy situations. Council Member Reid expressed his disappointment that the town has to do this because the county should be doing this without a memorandum of understanding. He questioned whether the county is requiring other towns to have an MOU to perform this function. Ms. Irby stated it is not required by towns with a population under 3,500. She stated she is unsure of the populations of the other towns in Loudoun County. Council Member Reid questioned how many inspections the county will be doing under this agreement. He also questioned whether the Council should follow up on the effectiveness of this agreement in six months. Town Council Meeting of June 8, 2010 Page 6 Ms. Irby stated the county has committed to investigating 50 overcrowding complaints per year, which is more than adequate for Leesburg. Council Member Butler questioned whether the county has a legal obligation to enforce the building maintenance code without this MOU. Ms. Irby stated the county will not. She stated there is a code section that allows an MOU to enforce the building maintenance code, but she is not aware of a law that could force the county to enforce the code in the town. She stated the MOU is a good idea because it lays out the rights and responsibilities of everyone involved. Council Member Dunn questioned if there is anything the county can do that the town cannot do. Mr. Burkholder stated the town cannot enforce the portions of the Virginia Property Maintenance Code related to space and persons in a structure because the town does not have the training for staff that would allow that type of enforcement. The public hearing was closed at 7:56 p.m. On a motion by Council Member Reid, seconded by Council Member Wright, the following was proposed: ORDINANCE 2010-0-014 Amending Chapter 8 (Buildings and Building Regulation), Article I (In '~P~ General), Section 8-1 (Building Code and other Codes) of the Town Code to Approve and Incorporate a Memorandum of Understanding with Loudoun County for Enforcement of the Virginia Maintenance Code Council Member Butler stated he will support this, but he feels it is unfortunate that the town has to beg the county to do the job that the citizens are already paying for. He stated things like this contribute to the county not performing its responsibilities. Council Member Reid agreed with those sentiments. He stated the town has every right to be concerned when the town citizens pay taxes to the county. He urged the Council to follow-up on this in six months. Council Member Wright stated his agreement with those comments. He stated it is important that the public understand the town has been expanding the available tools with regards to excessive occupancy. He added that once the inspectors get into the homes, they see a whole list of building code violations that gives the town more ways to address these situations. He stated he is not thrilled about how the town had to go about getting the county to do this enforcement, but he is glad the town is able to move forward to address the issue. Vice Mayor Hammier thanked the Board of Supervisors for approving the MOU so enforcement can move forward. She stated this is a serious problem and the town will seek every possible solution. Town Council Meeting of June 8, 2010 Page 7 The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, and Wright Nay: None Vote: 6-0-1 (Umstattd absent) 11. ORDINANCES a. None 12. RESOLUTIONS a. Making an Appropriation for the Utility Department Hi-Cube Camera Truck On a motion by Council Member Butler, seconded by Council Member Wright, the following was proposed: RESOLUTION 2010-063 Approving the Acquisition of a High Cub Van/Inspection °Camera" Truck from Arie Industries, Inc. In the Amount of $187,329 Council Member Reid questioned whether the sewer imaging service could be outsourced to a vendor who has the equipment. Mr. Shoemaker stated there are companies that do inspection and cleaning; however, the town has found that town staff does a more thorough job for less money. Council Member Reid questioned whether leasing the equipment would make more sense in case the technology changes. ~~' Mr. Shoemaker stated the town is proposing to purchase this camera truck off a rider contract and there are probably companies that lease this equipment. He stated 10 years is beyond the lifespan of any PC or electronic equipment. He stated admitted staff has not fully investigated the cost of leasing the equipment. Council Member Reid questioned whether there is a less expensive alternative to purchasing the equipment. Mr. Wells stated he is not aware of a less expensive alternative, but staff can go back and investigate this. Council Member Reid made a motion to table this item until staff has fully investigated the leasing alternatives. The motion to table was seconded by Council Member Butler. The non-debatable motion to table was defeated by the following vote: Aye: Reid, Dunn and Hammler Nay: Butler, Martinez, and Wright Vote: 3-3-1 (Umstattd absent) Council Member Butler stated this was identified in the budget that Council approved in April. He stated the main purpose is to ensure that the sewer and water pipes are maintained which would hopefully catch any potential leaks before they become major leaks. Town Council Meeting of June 8, 2010 Page 8 Mr. Shoemaker stated this purchase is for the FY2010 budget, not the FY2011 budget. --- Council Member Reid stated he would vote against this purchase because he feels this is a superfluous expenditure. He stated he would have liked to see staff analysis of either leasing or outsourcing to see if there was a differential. Council Member Dunn agreed that he would have liked to table this motion to bring it back for further discussion and look into the possibility of leasing. He stated the town is too quick to claim ownership for everything. He noted that he takes more responsibility with other people's money than considering $187,000 as a small price. Vice Mayor Hammler stated she was struck by the amount and would have supported tabling to allow more time for discussion. Council Member Martinez questioned whether there is a cheaper, easier way to do this and questioned the efficiencies of new capabilities the new camera truck would have. Mr. Shoemaker stated that as technology improves, the price comes down, but the difficulty with the existing camera is that it is difficult to acquire parts. He noted in the past year, the department has spent $10,000 on repair of the motor in the camera. He stated it works under very severe conditions and breaks down frequently. He stated the new equipment has better sealants and better technology in the plastics and metals used. He also stated the new truck has the capability to launch the camera up the laterals to each residence. Council Member Martinez questioned whether this purchase has been delayed because of budget constraints. Mr. Shoemaker stated the camera truck units are programmed for 10 year replacement cycles and this truck is three years overdue for replacement. He noted other equipment replacement has been postponed as well. Council Member Martinez pointed out this has been in the budget since the FY 2010 budget was approved, it is breaking down frequently which will make it difficult to inspect 90,000 feet of sewer line per year, and a new camera truck will allow the town to inspect laterals without having to bother the residents. Vice Mayor Hammler questioned why approval for this camera truck purchase is needed if it has already been approved in the FY2010 budget. Mr. Wells stated approving a vehicle in the budget is approving the appropriation and the actual contract award has to come back to the Council for approval if they are over the dollar amount that the Town Manager can authorize. Vice Mayor Hammler suggested that as the new, innovative technologies come on line, sending out a press release to communicate to the ---- public the benefits of the new technologies that their taxpayer dollars are providing would be beneficial. Town Council Meeting of June 8, 2010 Page 9 Council Member Butler pointed out that the main point of this purchase is not just to get color CDs over VHS tapes, but to decrease the amount of ---- time the camera truck is not operational. He stated the camera is better on this truck and will provide a more accurate picture of the sewer pipes which will protect the town better from a sewer line break. The motion to approve the original resolution was approved by the following vote: Aye: Butler, Hammier, Martinez, and Wright Nay: Dunn and Reid Vote: 4-2-1 (Umstattd absent) b. Initiating Amendments to Article V (Boards and Commissional, Section 2-194 (Appointment Process) of the Code of the Town of Leesburg to Make Changes in the Procedure by Which Individuals are Appointed to Town Boards and Commissions On a motion by Council Member Martinez, seconded by Council Member Reid, the following was proposed: RESOLUTION 2010-064 Initiating Amendments to Article V (Boards and Commissions), Section 2-194 (Appointment Process) of the Code of the Town of Leesburg to Make Changes in the Procedure by Which Individuals are Appointed to Town Boards and Commissions Council Member Butler made a motion to amend the final paragraph of the resolution so that the resolution would read 'Therefore, Resolved by the l~ Council of the Town of Leesburg in Virginia that amendments to Article 5 (Boards and Commissions) of the Code of the Town of Leesburg are hereby initiated as follows: Section 2-193 (Membership)(b). The term of board and commission members, unless specifically noted, shall correspond to the official tenure of the town council member term who nominated them but shall continue after the end of the term until a replacement is appointed. Section 2- 194 (Appointment process) the following paragraphs will be added "The following apply to all boards and commissions including the Board of Architectural Review. (6) Should a vacancy occur, the council member who nominated that individual shall submit a replacement nominee. (7) Should a vacancy exist for more than 30 days, either at the expiration of a term or prior to the end of a term, the town council may accept replacement nominations from any council member. (8) Should a nominee not receive the appointment, a substitute nominee may substituted by any council member. Section 2-198 (Councilmanic liaison)(4) add the following to the end °but attendance at 50% or more of the meetings is expected". Council Member Martinez seconded the amendment to the main motion. Council Member Dunn stated this resolution had no substance to it whatsoever and now Council Member Butler decides to verbally give Council changes to the resolution. He stated Council has no time to analyze or review it. He stated he cannot support the amendment or the original resolution --- without more time to look at this in more detail. Town Council Meeting of June 8, 2010 Page 10 Council Member Reid agreed with that comment adding that Council had no idea this was coming. He noted this was not discussed at the work session and Council was lead to believe this was to initiate an advertisement and there would be discussion at the next work session. He urged Council to vote against this amendment unless the Town Attorney feels there is a specific problem that needs addressed from a legal advertising standpoint. Ms. Irby stated her understanding is that the town can advertise the specific changes to be made. She stated if Council so directs, that will be what is advertised. Council Member Reid stated there is nothing in writing and he feels this is unfair. Vice Mayor Hammler questioned the addition of the substantive portion for a simple initiation resolution. Ms. Irby stated there are some specific things in Council Member Butler's amendment that assist the resolution in meeting the advertising test. She stated she would feel more comfortable initiating the more specific changes. Council Member Wright stated last night two points were made very clear -one was that this is a change to the appointment process and the intention was that a public. hearing would occur on the ordinance at our next Council meeting. He stated he does not have a problem initiating the changes that Council Member Butler has listed, some of which are already done in practice. Council Member Martinez stated he is supportive of these changes. Council Member Reid stated this was on the work session two weeks ago and he put out specific proposals for changes. He stated no one had any comments. He stated changing the requirement for liaison attendance was not discussed at the work session nor at the work session two weeks ago. He made a motion to table this item. Council Member Dunn seconded the motion to table. The motion to table failed by the following vote: Aye: Dunn and Reid Nay: Butler, Hammler, Martinez and Wright Vote: 2-4-1 (Umstattd absent) Council Member Butler stated this morning the clerk sent a proposed resolution and he was concerned it might not be broad enough to incorporate all the changes that he had. He stated he attempted to contact Ms. Irby but she was in court and he did not have an opportunity to discuss it with her before then. He stated during one of the public hearings, he showed her his changes. Ms. Irby's advice was to list out the changes that he wished initiated. Town Council Meeting of June 8 2010 Page 11 Vice Mayor Hammler questioned whether the Council would be able to make any changes that might be proposed during the public hearing if they are not specifically stipulated in tonight's resolution. Ms. Irby stated the Council will be fairly limited to what was initiated; however, minor changes can be made. She stated it was her understanding that no one was interested in supporting any of the changes that Council Member Reid had proposed. Council Member Butler asked if the resolved clause on the current resolution was changed to include Section 2-193, 2-194 and 2-198, if that would be broad enough. Ms. Irby concurred but advised the addition of specific language that would give the public a better idea of what was being proposed. Council Member Butler restated his amendment to change the final paragraph of the resolution to be: Therefore, Resolved by the Council of the Town of Leesburg in Virginia that amendments to Article V (Boards and Commissions), Sections 2-193 (Membership), 2-194 (Appointment Process), and 2-198 (Councilmanic liaison) of the Code of the Town of Leesburg are hereby initiated for the purpose of amending the procedures by which individuals are appointed to towns boards and commissions and other related items". Council Member Martinez accepted this restatement. Council Member Dunn requested this in writing so he could see the amendment. Vice Mayor Hammler clarified that Council Member Dunn requires the amendment in writing. She stated she would not ask for it in writing unless it is a majority request. Ms. Irby stated it is not a legal requirement that the motion be in writing. She stated the majority can rule on it. Council Member Reid seconded the motion to get the amendment in writing. vote: The motion to get the amendment in writing failed by the following Aye: Dunn and Reid Nay: Butler, Hammler, Martinez, and Wright Vote: 2-4-1 (Umstattd absent) Vice Mayor Hammler stated she will restate the amendment before the final vote. She questioned. why Council Member Butler did not bring these issues forward when Council had the original discussion two weeks ago. Council Member Butler stated his major reason was that none of the amendments proposed two weeks ago would have been approved by boards and commissions if they were allowed to vote. He stated the people on the boards and commissions basically work for free to help the town. He stated it Town Council Meeting of June 8, 2010 Page 12 is in Council's best interest to keep them as enthusiastic as possible. He stated he felt the amendments proposed two weeks ago would not encourage their enthusiasm. He stated he thought rather than rejecting each amendment, it was better to not deal with them. He stated these three amendments are intended to address a specific issue, which is the fact that the Public Art Commission went 18 months without an appointment. Vice Mayor Hammler questioned whether this amendment to the resolution would allow any other Council Members to be discussed and included in the public hearing. Ms. Irby stated it would be limited to the sections included in the amendment. She stated the other issues would not be able to be discussed. Council Member Wright stated the work session topic two weeks ago was a broad discussion of boards and commissions. He stated there was no action out of that discussion. He stated this new agenda item that was requested last night was one specific to the appointment process. He added that if other Council Members want to request agenda items on other specific boards and commissions topics, there are ways of doing that within Council's rules. Council Member Dunn stated according to the initial resolution, which is being changed by the amendment, it was stated this is for the appointment process for boards and commissions. He stated the amendment seeks to change that. He agreed that Council had an opportunity to openly discuss boards and commissions procedures at the last work session when everyone had an opportunity to discuss it. He stated this is a backhanded way to try to change the rules with a limited number of council members present. He stated he is prepared to read the Town Code. He added that this is an improper way to go about this. Council Member Reid stated that Council Member Butler only requested to tighten up the language regarding what happens when there is a long term vacancy on a board or commission and no mention was made of the other proposals. Vice Mayor Hammler reiterated the amendment as changing the Therefore Resolved to include amendments to Article V (Boards and Commissions), Section 2-194 (Appointment Process), Section 2-193 (Membership), and 2-198 (Councilmanic liaisons) are hereby initiated for purpose of amending the procedure by which individuals are appointed to town boards and commissions. The motion to amend the presented resolution was passed by the following vote: Aye: Butler, Hammler, Martinez, Reid, and Wright Nay: Dunn Vote: 5-1-1 (Umstattd absent) Council Member Dunn made a motion to change the resolution to eliminate councilmanic liaisons. Town Council Meeting of June 8, 2010 Page 13 Ms. Irby stated that it is her understanding that Council Member Dunn wants to amend the main motion to add something different with respect to 2- 198 (councilmanic liaisons) to eliminate councilmanic liaisons. She noted this would not be a required motion because the section is already being identified as being amended. Vice Mayor Hammler noted this is included in the amendment that Council Member Dunn did not vote for and he will have an opportunity to eliminate councilmanic liaisons at the public hearing. Council Member Reid questioned whether he could make an amendment to amend time and place of commission meetings. Council Member Wright challenged that would not be germane to the agenda item, which was only to deal with the appointment process as stated at the work session. Ms. Irby ruled that discussion would not be germane to the agenda item. Council Member Dunn made a motion to amend to include all articles dealing with boards and commissions. Council Member Wright challenged that this motion to amend is not germane to the agenda item. Ms. Irby ruled that it is outside the scope of what Council indicated would be initiated this evening. Council Member Dunn made a point of inquiry as to why other articles cannot be brought forward in this initiation. Ms. Irby stated at the work session, a very narrow scope with respect to initiation of particular code sections was discussed. She stated it was not her understanding that the entire Article V was to be brought forward to be amended. She stated when this was brought fourth two weeks ago, there was no interest on the behalf of Council to initiate the entire Article V. Council Member Dunn questioned how the scope can be broadened to include other items. Council Member Martinez made a motion to stop debate. Council Member Dunn requested a point of inquiry. Vice Mayor Hammler ruled to move forward on the motion to stop debate. The motion to stop debate was seconded by Council Member Butler. She reminded Council the motion to stop debate requires atwo-thirds majority. The motion to stop debate passed by the following vote: Aye: Butler, Hammler, Martinez and Wright Nay: Dunn and Reid Vote: 4-2-1 (Umstattd absent) Town Council Meeting of )une 8, 2010 Page 14 Council Member Dunn requested a point of order. Vice Mayor Hammler ruled to allow Council Member Martinez his closing remarks. Council Member Martinez stated his support for this resolution and called the question. The motion to approve the amended resolution was passed by the following vote: Aye: Butler, Hammler, Martinez, Reid and Wright Nay: Dunn Vote: 5-1-1 (Umstattd absent) 13. UNFINISHED BUSINESS a. None 14. NEW BUSINESS a. None. 16. COUNCIL COMMENTS Council Member Dunn stated the Council is "way out there". He stated that Council Member Wright wanted to put the campaigning aside, but has turned away from that. He stated "this is monkey business that members of this body are trying to perpetrate on, not just us, but the people of Leesburg and our boards and commissions by this action". He stated sending out an email to rile up the boards and commissions and then drag them out here in the night with the anticipation that something would be discussed and then not discuss it, is a shame. He stated that Council Member Reid had the wherewithal, fortitude and backbone to put his resolution out for everyone to review. Council Member Martinez stated he would not respond to Council Member Dunn's comments. Council Member Wright highlighted the Relay for Life event occurring on Saturday. He stated it includes the survivor luncheon for those currently battling cancer and those who have survived at 11 a.m. at Heritage High School. He noted at 1 p.m. the opening ceremony for Relay for Life will begin which includes the survivor's lap. He stated at 9 p.m. the Luminaria ceremony begins in remembrance of those we have lost to cancer and to honor those who are currently continuing their fight against cancer. He encouraged everyone to come out and participate. Council Member Butler stated he had an opportunity to attend the opening of Windy City Red Hots and have a hot dog. He encouraged everyone to visit this new business. He stated the Environmental Advisory Commission is moving forward with a recycling challenge. He stated they may start with churches to provide some publicity for recycling and if that is successful, they will move forward. He noted a minimal amount of staff resources will be involved with this initiative. He stated the Memorial Day ceremony was great with good attendance. He stated the Pie in the Face fundraiser event was a lot of fun. Council Member Reid congratulated Vice Mayor Hammler on an excellent job of running the meeting. He stated he attended the Windy City Red Hots opening and predicted they should be very successful. He stated the Pro)et open house was very Town Council Meeting of June 8, 2010 Page 15 nice and it is very exciting they are now in Leesburg. He disclosed a telephone call from Ben Leigh regarding Joanna Costin's building and the status of the incubator. He stated the Economic Development Commission will come forward with a task force report on the Arts and Cultural district, which will be very important. He stated they are working on the mission statement for the Town Plan on economic development and they are discussing water and sewer availability fees. He stated they may weigh in on form based code. He stated the Standing Residential Traffic Committee will meet on June 28. He stated he would have liked to attend Grand Master Choi's opening, the Haute Papier and Open Arms ribbon cuttings, but will not be able to since he will be out of town. He stated he will not be able to attend the Southwest Connector Trail meeting at 7 p.m. at Loudoun County High School on Monday night because his mother-in-law will be having a risky operation on Tuesday and he would like to spend Monday night with her. He stated that Alan Simpson, a well respected senator, stated one of the biggest problems he faced in the senate was when the "majority tries to stick it to the minority". He stated he is fearful the Council will become a tyranny of the majority. He stated he hopes the Mayor and Vice Mayor will look at the changes fairly. He stated his changes included a lot of proposals that would open up the boards and commissions to more public scrutiny and address the attendance of commissioners, but was sandbagged in his attempt. He felt the introduction of specifics to the initiation at the last minute was sneaky and underhanded. 16. VICE MAYOR'S COMMENTS Vice Mayor Hammler congratulated all the town employees that won awards this year. She specifically pointed out Jennifer Nelson's effort to go beyond expectations. She stated the opening weekend of the Symington pool was a huge success. She thanked all the residents of Linden Hill who came to Monday night's work session in their continued willingness to look at creative ideas to provide a left out of their neighborhood. She stated the town is actively pursuing the possibility of an access road. She stated everyone missed the Mayor and congratulated Kendrick on her guitar solo. 17. MANAGER'S COMMENTS Mr. Wells stated in follow-up of last night's discussion on Linden Hill, he is able to confirm the property at 1 Country Club Drive is being offered for short sale. He stated they are following up with research from a legal, operational, cost and timing perspective on that option. He stated staff will bring that information back in two weeks. He thanked Council Members Wright and Martinez for asking him to participate in the Pie in the Face event as part of the Relay for Life. 18. CLOSED SESSION Council Member Reid made the following motion: Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of advice of counsel regarding current litigation. The motion was seconded by Council Member Dunn and approved by the following vote: Aye: Reid, Butler, Wright, Dunn, Hammler Nay: Martinez Vote: 5-1-1 (Umstattd absent) The Council reconvened in open session at 10:17 p.m. Town Council Meeting of June 8, 2010 Page 16 Council Member Martinez made the following motion: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was seconded by Council Member Wright and approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, and Wright Nay: None Vote: 6-0-1 (Umstattd absent) 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 10:17 p.m. • ~~ . U tattd, Mayor Town of Leesburg ATTEST: ~--1 r~_ Clerk of Cou ci 2010 tcmin0608