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HomeMy Public PortalAbout2019_tcwsmin1209Council Work Session December 9, 2019 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ron Campbell, Thomas Dunn (arrived at 7:01 p.m.), Suzanne Fox, Vice Mayor Martinez, Neil Steinberg, Joshua Thiel, and Mayor Kelly Burk Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy Town Manager Keith Markel, Director of Planning and Zoning Susan Berry Hill, Director of Utilities Amy Wyks, Economic Development Director Russell Seymour, Director Parks and Recreation Rich Williams, Deputy Director of Planning and Zoning Brian Boucher, Deputy Director of Utilities Patrick Moore, Deputy Director Parks and Recreation Kate Trask, Planning and Zoning Preservation Planner Lauren Murphy, Management Analyst Cole Fazenbaker, and Clerk of Council Eileen Boeing. Minutes prepared by Executive Associate Corina Alvarez. AGENDA ITEMS . Items for Discussion a. Volunteer Showcase Event Ms. Trask presented Council with some local options for non-profit organizations for the Volunteer Showcase Event, as follows. Ms. Trask also mentioned that the event would cost approximate $5K, not including the hours for full-time staff. • BENEFIT Loudoun • Rust Library's annual Volunteer Fair • Loudoun Cares' online Volunteer Center • INOVA • Loudoun Youth Inc. • Local high schools • Major Town of Leesburg events Mayor Burk mentioned that both the Loudoun County Chamber of Commerce and the Loudoun Workforce Resource Center organize volunteer events. Council Member Campbell said that most of these non -profits support many Leesburg residents and mentioned that he thinks there could be a potential partnership with the County. Mr. Campbell said he also has looked at The Community Foundation for Northern Virginia and Fauquier County which serves as an umbrella for many of the area non -profits. Mr. Campbell indicated that there is a potential to have partners and that it would be nice if the Town could take some leadership since Leesburg residents really benefit from most of these organizations. Council Member Campbell stated that he likes the path of having a volunteer showcase with potential partnerships in order to make it more cost-effective. 1 'Page Council Work Session December 9, 2019 Council Member Dunn asked what event has a cost of $5K. Ms. Trask responded that it is the Youth Career Expo. Mr. Dunn asked if staff could see the volunteer showcase become, in the years 1 through 3, as big as the Youth Career Expo. Ms. Trask said that the Youth Career Expo hosted about 70 vendors when it was held at Tuscarora High School, so it would be great if the showcase could have as many participants. Council Member Dunn asked if staff has the total number of volunteer organizations. Ms. Trask said she does not know the number. Mr. Dunn asked what time of year would be best for the event. Ms. Trask said staff was looking at late October to early November, which would also tie in with the school year and therefore students can put in their required amount of service hours. Council Member Dunn mentioned that it might be a good idea to reach out to school clubs, since many of them organize clean up days and job fairs. Mr. Dunn said that he would like to see the Town move forward with this in some form. He added that even if it starts small, the word would get around and it can grow from there. Council Member Dunn said that honoring these organizations is a good thing, but helping them find volunteers is even more important. Mr. Dunn asked if the expectation is to have the event take place next October. Ms. Trask responded affirmatively. Vice Mayor Martinez said he likes the idea and even though some of these are County non -profits they do a lot of work for Leesburg residents and it is important to recognize them. Council Member Fox mentioned that she gets nervous when Town government comes in where it has not been before and the non -profits have already done well in the past with volunteers. Ms. Fox added that she believes the Town already supports these organizations. She added that she thinks that there are some unintended consequences that come down the pike just by virtue of working with a government, like a regulation that was not thought of, for example, and therefore she will not be supporting this item. Mayor Burk mentioned that she had her office hours over at Loudoun Habitat and that she overheard a discussion about the fact that there was a function coming up in which volunteers could be recruited. Mayor Burk said that they discussed this being stressful on staff because there are so many volunteers, and it is hard for staff to get to all of them. She added that the Town partnered with BENEFIT Loudoun in the past on a very successful event. Mayor Burk stated that she believes the Town would be much better served if it partnered with other organizations. It was the consensus of the Council to allow staff to organize a Volunteer Showcase event in partnership with another organization (Campbell, Steinberg, Thiel, and Mayor Burk). 21Page Council Work Session December 9, 2019 b. Annexation/Boundary Line Adjustment of Joint Land Management Area Mr. Dentler mentioned that this is a continuation discussion on the Boundary Line Agreement/Annexation of the Joint Land Management Area (JLMA). Mr. Dentler added that there are three discussion topics: • Financials/Fiscal Analysis • Capacity of the Utilities System • Next Steps Mr. Dentler stated that staff's recommendation is that Council go into a Closed Session and mentioned that Mr. Greg Haley, the Town's outside counsel is present to respond to questions as to why a Closed Session is warranted. Council Member Steinberg indicated that the Closed Session would be preferable and if so he suggests moving this item to the end of the agenda. Council Member Thiel mentioned he is also in agreement of going into a Closed Session and moving it to the end. Mr. Thiel asked if Microsoft has expressed any concern about Council discussing the item in public. Mr. Haley said they requested that some details about their schedule and their potential usage of water and sewer not be specified. Council Member Fox asked about the designations for the parcels in Area 1 of the report and proceeded to read the following: "...miscellaneous parcels are not expected to include residential uses due to their proximity to heavy industrial properties along Cochran Mill Road." She added that Loudoun Water is in the middle of making the designations or at least doing a master plan and asked if the County already has designations for this and what is it zoned by the County at this point. Mr. Dentler explained that Loudoun County designates water and sewer to Loudoun Water. Ms. Fox asked what are the parcels zoned by the County since the report says they are undesignated and she cannot imagine that the County has not zoned these parcels. Mr. Dentler responded that he does not know the zoning of the specific parcels. Council Member Fox reiterated that the report says that the Town does not know so she was just wondering. Mr. Dentler said Ms. Berry Hill probably has the information on the zonings of the different parcels. Mayor Burk added that Council Member Fox asked a question about Cochran Mill which the report indicates it is undesignated. Ms. Fox added that there are some undesignated parcels in Area 1 that are being discussed and she is trying to figure out why the Town is unaware of the designations at this point. Council Member Fox added that there are some residential zoning out there that might have some data center use in Area 1 but that there are some parcels that are undesignated and there is absolutely no information about them. Ms. Berry Hill said she is unsure about what the undesignated parcels are that have been referenced, but there is zoning throughout Area 1 and indicated that most of it is general industrial and that it is in the area between Twin Creek and Dominion Energy. Ms. Berry Hill added that she believes that Twin Creek is zoned Planned Development -General Industry (PDGI) and that the areas going south along the JLMA are also all general industry. Mr. Haley added 3 IPage Council Work Session December 9, 2019 that the narrative is referring to the fact that they are undesignated for the purposes of developing the revenue projection or the expenditure projection, since the future use is unknown. Mayor Burk said that some Council members mentioned that they would like to move this item to the end of the agenda. Ms. Notar suggested that maybe the Ethics Policy item could be at the end so that Mr. Haley can leave after the BLA/JLMA discussion. Mayor Burk asked if Council goes into Closed Session will Mr. Haley stay for it. Ms. Notar said Mr. Haley would stay for the Closed Session. Council Member Dunn said he has not had a chance to speak. Mayor Burk said he may speak if he cannot wait until the Closed Session. Mr. Dunn said he will not be attending the Closed Session. Council Member Dunn asked about the numbers provided by staff about the fiscal impact within each area of the JLMA and asked if those are the final numbers. Mr. Dentler responded that those are the most current numbers but that they are preliminary and they are based on estimates on what is assumed will go in. Council Member Dunn asked if Microsoft owns the property and if it was purchased from Peterson. Mr. Dentler confirmed affirmatively. Mr. Dunn mentioned that, in regards to the Peterson property, at Council's last meeting it approved a certain section of the lA but it did not make a requirement of another section to come into the Town and asked if Council can make it a requirement of the approval. Ms. Notar clarified that not according to the County since it insists upon property -owner consent. Ms. Notar mentioned that she asked Peterson if it would be willing to consent to bring that 25 acre parcel into the Town and Peterson responded it would not do so yet. Ms. Notar added that, as she has informed Council before, it is because of the data center possibility for that parcel. Ms. Notar mentioned that if a data center is in the Town it is much more expensive because of the Town taxes, real estate and mostly personal property taxes so Peterson has agreed for now to the 1.5 acre parcel adjacent to At Home, but not on the 25 acre portion of that one parcel. Council Member Dunn asked when Council can have a discussion on the taxes dealing with data centers. Mr. Dentler responded that this item is included in the discussion with Council for that evening. Mr. Dunn asked why public taxes need to be discussed in a Closed Session. Mr. Dentler stated that staff recommends that conversations of this nature be discussed in a Closed Session since there are so many details and moving parts that it is hard to distinguish one thing from the other. Council Member Dunn asked if the only potential litigation is Council's suit to Loudoun Water sitting over at the Courthouse and if there is no other litigation from outside parties towards the Town. Ms. Notar clarified that it is an actual litigation, not potential litigation, and that it has been filed. Mr. Dunn asked if the County or Loudoun Water has received it already. Ms. Notar explained that the Town did not sue Loudoun Water, but the County. Council Member Dunn asked if the County has received it. Ms. Notar stated that the County has not been served but it is aware of it. Mr. Dunn reiterated that it is sitting on a table over at the Courthouse. Ms. Notar clarified that it is not a probable or potential 4IPage Council Work Session December 9, 2019 litigation it is an actual litigation. Council Member Dunn asked if the Town is moving forward with the lawsuit. Ms. Notar responded affirmatively. Mr. Dunn said he did not see the need to go into the darkness of a Closed Session on this public issue and that it has been discussed enough. He added that it would be beneficial for the residents, Council members, and staff that the issue be discussed openly because there seems like there are a lot of discrepancies that happen between the doors being closed and opened. Council Member Dunn mentioned that beyond the public record, with comments from both Council and staff, it is a way of holding us all accountable to make sure that one is getting the actual facts as they are presented. Mr. Dunn stated that at the last Council meeting, this was not necessarily the case. Council Member Dunn suggested that Peterson be given the alternative to not have this BLA go forward with partial approval and that they need to bring all their property in and that Council will work with them and the Town has to come up with a tax structure that will work for data centers. Mayor Burk said that the whole reason for a Closed Session is so that one does not talk about strategy in public before making sure that everything is in line before making the strategy public. Mayor Burk said that the strategy will not stay in the dark at all and that she would be very uncomfortable making the businesses' numbers public since these are just estimates. She added that no business wants its numbers necessarily out in the public until they are firm and actual. Mayor Burk said she believes that Council is doing what is ethical by going into a Closed Session. 2. CLOSED SESSION a. Pending Litigation/Annexation and/or a Boundary Line Agreement of the JLMA MOTION 2019-245 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez the following was proposed: 1 move pursuant to §,¢ 15.2-2907(D) and 2.2-3711(A)(7) and 2.2- 3711(A)(8) of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefings by staff members pertaining to the pending litigation of Town of Leesburg et al v. Loudoun County et al, Loudoun County Circuit Court No. 19-1768 where such consultation in open session would adversely affect the negotiating or litigating posture of the Town; and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, and pertaining to a potential annexation and/or boundary line agreement of the JLMA. 5 IPage Council Work Session December 9, 2019 The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Dunn Vote: 6-1 Council Member Dunn did not attend the Closed Session and left the room. Council went into Closed Session at 7:27 p.m. Council reconvened in an Open session at 8:34 p.m. MOTION 2019-246 On a motion by Mayor Burk, the following was proposed: In accordance with Section P2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member 's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. (ROLL CALL VOTE) The motion was approved by the following roll call vote: Campbell — aye, Fox — aye, Vice Mayor Martinez — aye, Thiel — aye, Steinberg — aye, Mayor Burk — aye c. Gateway Design Standards Ms. Berry Hill indicated that Council discussed this item on September 23, 2019 and passed resolution in October 2019 that directed staff to return to Council by January to discuss any cost of a potential change to the process for the Gateway Design Standards. Ms. Berry Hill mentioned that the H2 Overlay District Work Group, which is a steering committee of sorts and was put together a number of years ago to advise staff and Council on how to replace the outdated H2 Overlay District, was present in Chambers. Ms. Berry Hill said that the Work Group looked at different kinds of options and came up with some recommendations and it did so in a series of different meetings. Ms. Berry Hill added that the Work Group members are: • Ms. Teresa Minchew and Mr. Dale Goodson (Board of Architectural Review) • Ms. Gigi Robinson and Mr. Rick Lanham (Planning Commission) Ms. Berry Hill stated that Council adopted Resolution 2019-158 in October 2019 and specifically one of the sections says that staff will return to Council by January to provide costs estimates to hire consulting services for the project. She added that this was predicated on some discussion that 6 IPage Council Work Session December 9, 2019 Council had in September asking staff to develop an approach that was more regulation -centric than the approach that is currently being looked at which included guidelines, regulations, and a streetscape plan. Ms. Berry Hill mentioned that the H2 Work Group recommendations, initially formed back in 2017 and refined in 2018, were reaffirmed on November 26, 2019. Ms. Berry Hill presented the recommendations as follows: 1. Adopt Gateway overlay district in the Zoning Ordinance with new boundaries on East and West Market; North and South King Street; and Edwards Ferry Road east of Heritage Way. 2. Adopt a holistic approach to design in the corridor by focusing on site building and streetscape design. 3. Adopt general zoning text regulation to provide regulatory `teeth' to basic design concepts. 4. Adopt general guidelines for the entire Gateway District (all five segments). 5. Based on the character of each segment, adopt specifzcguidelines for each of the five segments. 6. Develop streetscape plans for all segments of the Gateway District which would be implemented over time through private development as well as public sector improvements achieved through the Town's Capital Improvements Plan. Ms. Berry Hill explained that staff would pursue these recommendations and reboot efforts in December 2019 and into 2020 to finish the project, in hopes that it be done in late summer. She explained that the reason this has come to Council is because of the resolution that was passed in October 2019 which had to do with Council wanting more emphasis on regulation as opposed to the use of guidelines and streetscape plans to look at architectural design. Ms. Berry Hill indicates that the H2 Work Group's recommendation is to stay the course, if Council agrees. She added that if Council needs a more regulatory approach, then staff will need to get recommendations from consultants as to how to change the approach. Council Member Steinberg asked if the Eastern Gateway is considered part of this discussion. Ms. Berry Hill indicated that the Gateway district includes all five segments of the entry corridors into Leesburg. She added that what Council discussed in October had specifically to do with the East Market corridor and it was to look at developing regulations that would be in the Zoning Ordinance just for that segment of the Gateway district. Mr. Steinberg asked how the uses for the Eastern Gateway are being determined. Ms. Berry Hill explained that the uses are recommended through the Town Plan, so for future uses Council would look to the Town Plan and look to the East Market Small Area Plan which is pending currently with the Planning Commission and will be coming back to Council in early 2020. Ms. Berry Hill explained that those documents designate the area for future uses and Council can also look at the base zoning which all properties in the Town have. Ms. Berry Hill explained that if someone wanted to pursue a different zoning then one needs to look at the Town Plan and the Area Plan for land use guidance. Council 7IPage Council Work Session December 9, 2019 Member Steinberg asked how the idea of phasing is addressed within a project and how does it become part of the plan. Ms. Berry Hill explained that this information is in the Small Area Plan for East Market and that the Planning Commission has reviewed phasing policies that are in that Area Plan. Ms. Berry Hill added that the Planning Commission will be coming back to Council with its recommendations on the Small Area Plan. Ms. Berry Hill clarified that what is being discussed is what is in the Zoning Ordinance regulations, the guidelines for design, and streetscape plans. Mr. Steinberg asked how the Town can produce a plan that is strong enough that provides applicants with the information on what is required so developers can come to the Town with something that is workable. Ms. Berry Hill explained that it starts with the Town Plan and the Area Plan for Preferred Land Uses and then if an application comes in it will be judged against the Town Plan guidance. Ms. Berry Hill added that if the Town completes the Gateway District Ordinance and Guidelines, the Town would look at this for guidance on the design of the project. Ms. Berry Hill mentioned that staff would look to the ordinances and guidelines to help evaluate the proposal for the site design, the building design, and streetscape design. Council Member Steinberg asked if this plan in any way changes what is involved in the Leegate project or is it set in stone and Council will have to decide what happens. Ms. Berry Hill said that currently Leegate has the zoning to build the townhouses that are south of the Russell Branch Parkway and it is currently zoned for commercial and multi -family uses north of the parkway. Ms. Berry Hill added that if Leegate wanted to make a change, it would have to submit a concept plan amendment and staff would evaluate it against the land use recommendations that would be in the Town Plan and the Small Area Plan, presuming it is adopted, and it would also be reviewed in terms of any Zoning Ordinance and guideline approvals that would be in the new Gateway District. Mr. Steinberg asked, in reference to item 3 in the working group's memorandum, how can the Town provide the much needed "teeth" for achieving appropriate design while providing clear direction for the applicants. Ms. Berry Hill explained that one of the problems with the H2 Overly District is that there is no overarching regulation in the Zoning Ordinance that targets design. Ms. Berry Hill indicated that there are outdated guidelines, but there is no regulatory "teeth" currently in the Zoning Ordinance. She indicated that what the H2 Work Group is proposing is to add those "teeth" to the Zoning Ordinance and have overarching design regulations included in the Zoning Ordinance and that it be more fully explained in the guidelines. Ms. Berry Hill provided an example in which one regulation could be "building shall incorporate four-sided architecture" and then this is explained in the guidelines. Ms. Berry Hill also explained that it can address the back of a house and how it is to be addressed with four-sided architecture or fenestration could be addressed in the guidelines. Ms. Berry Hill indicated that the approach is to use the regulations and guidelines together to get a better design outcome. Mr. Steinberg asked if some of these "teeth" will be coming from the work group for consideration. Ms. Berry Hill responded affirmatively. 8IPage Council Work Session December 9, 2019 Council Member Thiel said he likes what was presented and thanked staff for the hard work. Council Member Dunn asked about the timeline. Ms. Berry Hill said that: • Work would start with the Work Group in January 2020 • Public hearing draft would be ready by late summer • Public hearing stage would be ready by late summer or early fall Mr. Dunn asked if staff estimates that actual regulations and guidelines would be ready by December 2020. Ms. Berry Hill responded that it is staffs intent. Council Member Dunn asked what is the quickest way get to the actual design standards. Ms. Berry Hill responded that work would be done on the ordinance requirements along with the design guidelines over the next six months. Mr. Dunn asked if the guidelines are what the applicants would be able to see to know how the buildings would look like within their project. Ms. Berry Hill said that pictures with narratives would be included to indicate what is expected and she proceeded to show various examples used by Fairfax County. She added that graphics of dos and do nots would also be included so that applicants can understand the concepts and also graphics that illustrate design options and elements, as well as architecture trademarks for new development. Council Member Dunn asked if the guidelines are quicker or easier to start implementing than actual regulations. Ms. Berry Hill explained that the vision of the H2 Work Group is that guidelines and regulations work together. Mr. Dunn asked if the guidelines could be used in other parts of the Town. Ms. Berry Hill stated that these guidelines are particularly developed for the Gateway Corridor area but they may be potentially used in other areas. Council Member Dunn said that this is what he originally brought up when he was pushing this issue and it is that guidelines be created for the Eastern Gateway and serve as standards in other parts of Leesburg. Mr. Dunn asked if the guidelines could be ready before the regulations. Ms. Berry Hill responded that staff sees them coming together at the same time, but staff could try to do the regulations first but that she suspects there will be adjustments needed as work is done on the guidelines. Council Member Dunn said that his idea was to quickly come up with some design standards that the Town can start using right away or start rolling them out as they are completed and build on them. Ms. Berry Hill said that the project could be phased in that manner by first adopting the regulations and then adopting the guidelines, so long as it is recognized that the regulations might need adjustment as the guidelines that support them are brought forth. Mr. Dunn said he would be interested in starting work on design standards right away because there are projects that are being developed and there are no regulations in place. Council Member Campbell thanked the H2 Work Group and mentioned that he supports all of the recommendations, particularly the streetscape concepts. Mr. Campbell added that the Town Comprehensive Plan is a work in progress and therefore it is hard to come up with these firm guidelines for a plan that is in flux. Council Member Campbell indicated that he is sure that the Work Group is cognizant of those changes and suggestions. 9IPage Council Work Session December 9, 2019 Mr. Campbell stated that the point is not to undo work a year from now based on a new Comprehensive Plan or another vision going in. He added that he believes these guidelines are firm enough to establish what the Town is asking for and what it wants to see. Council Member Campbell asked the Work Group to also provide feedback on what the Town is going to have to commit to because this is not all done by developers or proffers, particularly since streetscapes are based on the expectations of how the Town wants to see its community. Mr. Campbell indicated that he likes the direction that this is going towards and understands that one size does not fit all and that is why there are different concepts for different parts of the Town. Council Member Fox asked what mechanism is there or what can be put in place, besides regulation, to say this is what the Town wants and avoid developers getting what they want. Ms. Berry Hill said that the approach that the H2 Work Group has endorsed, in which the regulations and the guidelines work together, will have more influence over the applications that come in. Ms. Fox mentioned that she is worried about more regulation so she wants to know if there is any other mechanism that could be put in place. Ms. Berry Hill indicated that the goal is to keep the regulation focused but not too detailed. Ms. Berry Hill gave an example of a situation in which the City of Winchester decided to put a lot of its design objectives into its Zoning Ordinance. She added that when the city needed some flexibility when working with applicants on certain things it did not work because the jurisdiction was unable to approve a creative solution because the ordinance did not address it. Ms. Berry Hill added that because of this, regulations are sometimes ignored, which is also not good procedure. Ms. Berry Hill reiterated that staff recommends providing straight -forward information that is not lengthy and sets the expectation without being overly onerous, like the example she provided of a regulation that states the requirement that all buildings need to have four-sided architecture. Ms. Fox asked again if there is a mechanism that can be put in place that will not allow changes. Ms. Berry Hill responded that if it is clearly stated and for example a developer comes in with blank facades on two sides, the Town could say no because the applicant clearly does not meet the ordinance and there is no provision to get out of this requirement unless the Town includes modification provisions in the Zoning Ordinance. Council Member Fox asked if this needs to be as exact as possible and not flexible. Ms. Berry Hill said that the regulations are intended to be overarching and these establish the minimum design standards that must be met and then how they are met are up to the applicant. Ms. Berry Hill said that there may be different approaches to meet the standards and these will be addressed by the guidelines. Vice Mayor Martinez said that one of the things that he has always wanted is stronger design standards that establish what the design is going to be, what will be permitted and what will not be allowed, so that developers cannot manipulate the system. Vice Mayor Martinez mentioned that he is concerned about the timeline and that he was hoping to get this done sooner. He asked if the Town had the necessary resources within its staff and did not 101Page Council Work Session December 9, 2019 have to get a consultant, would it be possible to get this done sooner. Ms. Berry Hill clarified that the Town has a consultant that it hired almost a year and a half ago to help with the Gateway District so that firm is on board to help the Town with this approach. Ms. Berry Hill explained that if the Town was to ask the consultant to develop all the regulations, guidelines, and streetscape plans she is sure that the current contract amount will not cover all of that. Ms. Berry Hill added that it was intended to be a collaborative process with staff, the Work Group, and the consultant so if Council is anxious in accelerating the project staff can ask if the consultant can do more of the heavy lifting on the development of the standards, guidelines, and streetscape plans but the contract amount will have to be increased. Vice Mayor Martinez said that his concern is having staff doing all the heavy lifting and taking staff away from other work that should be done. Mayor Burk thanked the H2 Work Group and said that it is definitely going in the right direction. Mayor Burk said that she does know now if speeding this up will be possible but if it can be done a bit faster it would be great but that she understands that there is a workload that has to be dealt with. Council Member Dunn asked if building design features could be focused on first and then work on streetscape later and if this would help to speed up the process for getting the design standards. Ms. Berry Hill asked if what Mr. Dunn is requesting is that staff work on ordinance regulations first, guidelines second, and streetscapes third. Mr. Dunn said he is just trying to get to the building design standards as fast as possible. Mayor Burk said she does not think that the entire Council feels the same way as Council Member Dunn and stated that staff should come back to Council and provide an update on where the project is and where it is going. Council Member Dunn said that the rest of the Council was not even consulted. d. Amending Council's Ethics Policy Ms. Notar stated that per Resolution No. 2019-131 "Updating Town Council's Ethics Policy", the Town Attorney was directed by Council to: • Update Council's Ethics Policy by making necessary changes to comply with the Code of Virginia; • Include a Code of Conduct with a disciplinary process; and • Present draft amendments to Council at a future work session Ms. Notar added that Council has statutory, legislative and Robert's Rules of Order authority to discipline a Council member per the following: • Va. Code § 15.2-1400 (D) states that, "[a] governing body may punish or fine a member of the governing body for disorderly behavior" • Whitener v. McWatters and Loudoun County Board of Supervisors - 4th Circuit Court of Appeals held that governing body has legislative authority to discipline member • Robert's Rules of Order, Chapter XX, entitled "Disciplinary Procedures" 11 (Page Council Work Session December 9, 2019 Ms. Notar proceeded to give a presentation of the current Town Council Ethics Policy of 2009 and her recommendations for the Code of Conduct and the Disciplinary Process. Vice Mayor Martinez asked for more time to review the Ethics Policy and requested that this item be deferred to the next work session so he can review the item more in depth. Council Member Fox referred to the background section of the staff report where it references that Council is doing this to comply with the Code of Virginia. Ms. Fox therefore asked if Council's current Ethics Policy is not in compliance. Ms. Notar said that she read that section differently and stated that to conform to the Code of Virginia there are certain things that have to comply if they are to be included. Ms. Notar added that Council does not need to have an Ethics Policy so there is no Ethics Policy that must comply with the Code of Virginia. Ms. Notar said that an Ethics Policy or a Code of Conduct or a Disciplinary Process are totally voluntary by Council. Ms. Fox asked for confirmation that what Council has now is in compliance. Ms. Notar confirmed affirmatively. Council Member Steinberg asked if correspondence includes e-mail. Ms. Notar said that the policy only addresses stationary but that Council members should state when it is a personal opinion, if it is not representing the body. Mr. Steinberg asked if there are penalties if a Council member shares confidential information, other than potential lawsuits. Ms. Notar responded that there are no penalties in the State Code. Council Member Campbell reminded Council that this item is under discussion because of a proclamation and what was then raised as an ethics violation. Mr. Campbell said that what was used as a defense was that this was a correspondence piece and not being applicable as a policy as to how Council members misuse official documents. Council Member Campbell said he thought that the direction was for a review of the policy and to clarify things that were unclear. He added that one thing that is not clear to him is how Council treats official Town documents as well as the agreement to behave in a way that says this is the policy and the Code of Conduct says we will treat each other with respect. Mr. Campbell added that it seems that Council members treat the public and others but then where is the accountability piece. Council Member Campbell stated that this seems to be missing for him. Mr. Campbell added that all Council members are accountable to each other and not to the Town Manager or only the Mayor. Council Member Campbell indicated that any accusations or violations should come forward to the entire Council for the entire Council to review. He added that there is no need for an ad -hoc committee or subcommittee. Mr. Campbell said that anyone who wants to defend himself/herself or have any conversations brought up be brought up among Council as a group since that should be the right atmosphere. Council Member Campbell added that Council did not get to this point just because Council wanted to review a 10-year old policy. Mr. Campbell stated that there are certain things that he thought were not clear, even if they might be clear to others. Council Member Campbell said that the 121Page Council Work Session December 9, 2019 purpose was to look at specific causes and to make clear not just Council's ability to have disciplinary action but to hold each other accountable in a way that says these are the behaviors that Council is looking at. He added that it was clear to him that the correspondence piece was certainly at least outdated and did not raise to the level of how Council wants to use stationary as much as Town documents such as proclamations, which he wants to talk more about. Council Member Dunn said he would like to bring up the following items at the next discussion which he thinks are much more important than dealing with ethics of Council members, such as: • Accepting donations from applicants within two years of the application • Disclosure of discussions with staff • Recusal not just in what is an established conflict of interest but much like what other Council members have done when they recuse themselves when there has been a personal connection with a particular issue that is before Council • Use of e-mails and e-mail addresses from citizens and then using those for campaign purposes or sending out campaign solicitations from Town email addresses Council Member Dunn said that when there is a client -attorney privilege Council members are the ones who are determining whether Council will accept or hold that privilege. Mr. Dunn asked if gain has to equal a monetary gain or can it be a benefit to an individual by giving them standing within an organization. Council Member Dunn would also like clarification on disclosures for contracts that are proposed or pending. Vice Mayor Martinez said that if Council is going to look at what Council Member Dunn has mentioned then he would like to make sure that if any other Council member has additions or issues he/she needs to bring them up as soon as possible so all Council members can weigh in on them. Council Member Dunn asked if the Town Attorney sent out his request that she provide the Robert's Rules on which Council is currently operating on. Ms. Notar said she had. Ms. Notar asked that every Council member share with her and the other members of Council, the language that each one wants to add and she will compile them into one document. It was the consensus of the Council to move this item to the January 13 work session. 3. Additions to Future Council Meetings Council Member Fox asked for an information memo on the status of the sidewalk project for West Market Street, where it is in the bidding process, and if this has gone before the Board of Architectural Review. Mayor Burk said that the Planning Commission has asked for Council to have a joint meeting with the consultant regarding the Town Plan for 131Page Council Work Session December 9, 2019 January 27 before the work session. Mr. Dentler indicated that staff will confirm that the Planning Commission members are available. 4. Adjournment On a motion by Council Member Steinberg seconded by Council Member Thiel, the meeting was adjourned at 9::34 p.m. Clerk of Council 2019_tcwsmin1209 14IPage