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
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Clerk of Cou ci
2010 tcmin0608