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HomeMy Public PortalAbout2000_06_26 COUNCIL WORK SESSION June 26, 2000 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Clem presiding. Councilmembers Present: George F. Atwell, Mervin V. Jackson, Kristen Umstattd, B. J. Webb, Robert Zoldos and Mayor Clem Staff Members Present: Bob Noe Town Manager, Deputy Town Manager Phil Rodenberg, William Donnelly Town Attorney, Director of Engineering and Public Works Tom Mason, Director of Planning Zoning and Development Michael Tompkins, Director of Finance Paul York, Director of Personnel Nancy Fixx, Director of Economic Development John King, Director of Utilities Randy Shoemaker, Budget Officer Mike Freda, Purchasing Officer Kathy Elgin, Public Information Officer Susan Farmer, Traffic Engineer Calvin Grow, Planner Stacey Rothfuss and Clerk of Council Judy Ahalt. AGENDA ITEMS 1. Aaenda for Council Meetina of June 27, 2000: Councilmember Zoldos asked to discuss the plan amendment to increase the density in Potomac Crossing. He questioned considering of this amendment if staff could not make a determination as to whether a multi-family component is appropriate. Stacey Rothfuss stated Arcadia Development has proposed amending the concept plan to do a multitude of things, however, the land use plan does not permit a multi-family component. Staff is asking input from Council as to whether they want to consider a Town Plan Amendment. Council member Umstattd expressed concern that if Council initiates we may lose the option for proffers. Ms. Rothfuss added that proffers are associated with the rezoning process. William Donnelly stated the landowner does not have a right to petition for a comprehensive plan amendment, but do have the right to file a rezoning application. Staff has not fully reviewed the case, because if Council does not want to hear the plan amendment, it dies right here. If they do wish to consider, it will go to the Planning Commission for a public hearing and recommendation to Council. Mr. Donnelly added that traffic generation could decrease, less of a school impact, and open space increased. Doug Fleming, representing Arcadia, addressed Council. He stated the approved plan for Potomac Crossing and the Town Plan are inconsistent, they would Town Council Work Session Minutes for June 26, 2000 Page 2 like to justify the plan to medium density residential as reflected in the town Plan. They would leave low density residential and petition for multi-family, Vice-Mayor Webb stated that she would not be in favor of multi-family, stating that there are some flaws in the Potomac Crossing Plan that include proffering parks on somebody else's property and strip retail. However, if we do not look at this plan we may not get to see improvements in the development, Councilmember Jackson added that the approved density is 3.23 and they are asking for 3.43. Also, there are 26 cul-de-sacs. Mayor Clem discussed the history of Potomac Crossing stating that staff and Council will work with to see if their proposal is feasible. Councilmember Umstattd suggested amending the proposed resolution to reflect some of the advantages that could be accrued to the Town as suggested by Vice-Mayor Webb. Vice-mayor Webb stated that without changes she could not support this resolution, Stacey Rothfuss clarified the language for the resolution to include the issue of changing the use on the property at Rt. 15 and Battlefield Parkway from retail to commercial office, and to change the location of the recreation facilities to land actually owned by the developer. They can include the multi-family question. Kristen Umstattd suggested taking language directly from the Huntley, Nyce letter that is what makes this sound like a feasible idea. The bullets on the first page of the letter. The Mayor suggested reviewing the 80's agreements relating to the park site any documents that may have been with the adjoining property owners. Council member Atwell expressed concern if we are crafting too much language that will be resolved in the Planning Commission process. Vice-Mayor stated that as it is written, she would not want to see it go any further or to waste the Planning Commission's time. PrODerty and Casualty Insurance Coyeraae's for Fiscal Year Beainnina July 1,2000 Councilmember Zoldos excused himself from discussion on this item. Paul York stated that McNeary Insurance has evaluated the proposals. This item was before the council two weeks ago with a different recommendation. Town Council Work Session Minutes for June 26, 2000 Page 3 McNeary has evaluated additional information primarily on the VMLP and have revised the original report. Based on their evaluation of the proposals they recommend coverage be continued with AH&T. It is McNeary's recommendation that VMLP offers superior coverage to the Hartford PENCO proposal. Based on that staff recommends that the contract be awarded to VMLP. Council member Umstattd requested an alternate resolution for PENCO, stating the amended report in favor of VMLP is not as strong as the previous recommendation for PENCO. She expressed concern with being part of a pool where we are one of the strongest jurisdictions. Mayor Clem supported Councilmember Umstattd's request. B. J. Webb discussed a letter from AH&T, which states VMLP's program coverage, borders on the bazaar especially regarding public officials coverage, traditional insurance will have no part of it. Bob Noe introduced the VMLP representative, David Smith. Mr. Smith stated the public officials and law enforcement liability is a new program in 1999 with coverage similar to what the Town has with the VARIS2 Program. The only major difference is that defense cost coverage is added for land use issues. The program is reinsured through General Insurance. Council member Umstattd asked what other Northern Virginia jurisdictions are participating? Mr. Smith replied, Falls Church, Vienna, Clifton, LCSA, Culpeper, Culpeper County, Spottslvania County, Herndon. Mayor Clem asked why the consultant changed her opinion? Mr. Smith stated that there was some confusion on the consultant's part as to what steps they went thru to insure their program. Councilmember Atwell asked of Ms. Briner was present. She was not. He stated that he would like to discuss with her why she has recommended the changes. He asked if coverage could be extended until a decision could be made. Mel Whitely with AH&T was present to discuss the PENCO program through Hartford Municipal Insurance which provides municipal insurance coverage. He stated Hartford is an A+ rated carrier, who knows what they are doing in a hard market. Mr. Atwell asked if they tried to negotiate any figures with ST. Paul? Mr. Whitely said they had negotiated to an amount $20,000 higher than PENCO, adding that some of St. Paul's proposals reflected experience factors. Town Council Work Session Minutes for June 26, 2000 Page 4 Mr. Whitely added they were never told that price was an issue; this negotiation was done on a RFP as opposed to a bid process. Council member Atwell asked the VML representative about the umbrella excess liability coverage Mr. Smith stated the aggregate is a year, per occurrence limitation meaning that if you have a $10/000/000 policy that has a 1/000/000 aggregate on top of it. That means that per year you can have a total of 11/000/000. Council member Atwell verified there is a single liability limit of 11/000/000 per occurrence. Councilmember Atwell stated he feels uncomfortable with the time constraints and the fact that the consultant is not available to answer questions. He added this type of discussion should be at a committee level. Council member Umstattd asked if alternate resolutions should be available for Tuesday's council meeting. Bob Noe added that he believes the recommendation that we have made for supporting VMLP is in the best interest of the citizens of Leesburg. Councilmember Atwell stated that he brings some institutional history to insurance that perhaps few in this room recognize. Part of that history is to do with some decision several years ago that involve the same consultant that we have. Without the consultant to be here to justify the decision that was made, I feel uncomfortable. Mayor Clem added that he is concerned with the sudden change in recommendation. Vice Mayor Webb expressed concern with being forced to make a decision at such a late date and asked that the current carrier be contacted to see if the coverage could be extended for 15 days. Council member McDonald talked about concerns with frivolous lawsuits. He would like the company to defend claims instead of paying. Mr. Whitely discussed the consent to settle provision. He asked if you would rather have as an insurance organization, an A+ rated carrier vs. a pool B. RESOLUTION: Amending the budget resolution to reflect the establishment of a debt reduction contingency account for FY 2001 budget. Town Council Work Session Minutes for June 26, 2000 Page 5 Mike Freda addressed Council stating that a $609,000 contingency account was established during the budget process with the intent to take approx 250,000 from the general fund reserve to fund a portion of that $609,000. The previous resolution failed to include this transfer of funds; this resolution is to make that correction. It does not change the budget. Mayor Clem verified this action is just for housekeeping purposes. c. Mr. Kirby Bowers, Loudoun County Administrator, introduced Christiana Watson. She is working with Loudoun Economic Development to coordinate the outreach program for Loudoun County towns Vice-Mayor Webb discussed the impact of business and commercial development specifically when it relates to the airport and the UGA. She asked for an update on the Shellhorn property. Mr. Bowers stated that the intention of the Board of Supervisors, specifically Scott York and Mr. Herring, is to discuss this matter with the Town. A meeting should be forthcoming. Secondly they are pursuing the acquisition and should settle within the next two weeks. Christiana Watson gave Council an overview of the proposed community economic development town outreach program and of the town assessment report. She provided an executive summary outlining opportunities and challenges for the Town of Leesburg adding that the Leesburg already has a lot of programs in place. Leesburg is the largest and most complex with the most opportunities for economic development. Vice-Mayor Webb commented the Town would get any comments or feedback back to the County in September. Councilmember McDonald commented on the impact of Shellhorn on the Town. He added the airport is as much an economic asset to the County as the Town. Councilmember Zoldos asked Mr. Bowers if the study period is over. He said it is complete and settlement will be within the next two weeks. Mr. Bowers stated that he takes Mr. McDonald's comments seriously. A discussion with Chairman York and Supervisor Herring is the appropriate form. Vice-Mayor Webb said that the town would like to have that discussion before settlement. Town Council Work Session Minutes for June 26, 2000 Page 6 Councilmember McDonald expressed concern for the construction of Crosstrail Blvd. being built and the Sycolin Road realigned. Mr. Bowers stated that the County is conscious of the responsibility for Crosstrail Blvd. Councilmember Umstattd asked about feedback from other towns with reference to growth. Do they want their towns to be the centers for future growth? Mayor Clem stated that he hopes that the Town and County can have a working relationship in the future. He also expressed concern with the Shellhorn acquisition and the way it will tie the hands of Leesburg for good solid development in that area. Vice-Mayor Webb asked if the county would abandon their government center in Leesburg? Mr. Bowers stated that they have reached capacity at the government center and a committee has been formed to look at the future of the government center in Leesburg. 3. Fee Waivers Mr. William Donnelly stated that staff is in the process of developing a fee waiver policy. He stated that legally the fees should reflect the cost of services to the Town. A fee waiver or reduction is if the event in question has an impact on the town resources or services. If it had minimal impact it could be waived. The state code puts very rigid limitations and restrictions on gifts or donations made by local governments. These gifts are limited to nonsectarian, charitable organizations and other designated groups specified by the state code. Unless the waiver is based on the impact of town services you are then making a donation. He asked that Council designate the Town Manager the authority to waive or modify certain fees if there is minimal impact on town services or if the group legally qualifies under the parameters of the state code. He asked what fees would the Council would delegate the Manager to waive; would it be special event fees or fees for use of town facilities. Mayor Clem stated he would like the special events would be his choice. Mr. Donnelly stated that the previous list of waived organizations is rather large. Also he asked if C'Juncil would prefer an appeal process to the Council. Council member Zoldos stated that he thinks you either waive or not. Town Council Work Session Minutes for June 26, 2000 Page 7 Councilmember Umstattd suggested that when a waiver request comes in t counsel let them know if it can be waived legally. Mr. Donnelly stated he would provide a staff report to Council if the organization were legally qualified. He added that when checking with other localities, few if any, had a written fee waiver policy. Councilmember Atwell stated that a resolution was adopted in June 1996 of events, which could be a starting point on which we could add or delete on a case- by-case basis. There was further discussion as to that being the best possible approach. Council member Zoldos stated that he didn't think we should waive fees. 4. Voluntarv Water Conservation Randy Shoemaker asked Council to allow signs at the entrances into the Town and subdivisions to ask for voluntary conservation measures. Mr. Shoemaker commented that on June 10 the water demand doubled due to a prolonged hot period. He stated that Council adopted a resolution last year allowing signs for voluntary conservation and provided a sample of the current sign. Vice-Mayor Webb asked if signs could be installed in the areas of the county where Leesburg is providing water and sewer? Mr. Shoemaker stated they could be put in the public right-of-way. Council member Zoldos stated he thinks it is a good idea to install signs. Councilmember Umstattd stated she would not support the signs and hopefully the conservation could be accomplished without signs. Mr. Shoemaker commented that last year we benefited from LCSA's mandatory restrictions. He suggested a notice on our website but a sign at the entrance to subdivisions would be the most effective. Councilmember Umstattd asked what if the Town was to exceed the capacity approved by the State. Mr. Shoemaker responded that the treatment plant has the capability to process water in excess of the approved capacity; the water quality could be compromised. The state would probably approve the increased capacity on a limited basis since they are in an expansion process. Councilmember McDonald stated he would support the signs being erected. Town Council Work Session Minutes for June 26. 2000 Page 8 There was a discussion about the sign language as to whether to voluntary restrictions or conservation. Council member Umstattd suggested voluntary conservation. Vice-Mayor Webb suggested more water conservation education. Council took a five-minute recess and reconvened at 9:35 p.m. S. Board of Architectural Review Board of Architectural Review Vice-Chairman, Mary Ann Naber, addressed the Council. She also introduced members Kelly Giatten, Terry Minchew and staff member Kristie Lalire. She outlined that the BAR reviews applications in the old and Historical District, H-2 Corridor and Comprehensive Sign Plans. Ms. Naber discussed their accomplishments for the year; they reviewed 130 cases for new construction, additions and signs. They established the first annual preservation and architectural awards program. Also they completed a three-year endeavor of the building survey of the Old and Historic District, which has been supported with grant money through a CLG grant, and the Town of Leesburg. In the future they hope to expand the old and historic district along the north edge of Edwards Ferry Road to Woodberry and on S. King Street. Also they plan to submit another CLG grant for revising the Old and Historic District National Register Form. Vice Mayor Webb asked what the Council could do to assist in the function of the BAR? Ms. Naber said it would be helpful if they had the opportunity to review architectural plans for new construction in conjunction with the comprehensive sign plan. Also, enforcement is an issue. There was further discussion about enforcement of the sign ordinance. Councilmember Umstattd stated the past proposed extension of the H-2 corridor was not favorable to her since single family and townhouses would not have been exempt. She asked could that not be revisited. Brian Boucher stated that the draft zoning ordinance will exempt single family detached and townhouses in the H-2 corridor but not multi-family. Other Business Councilmember Atwell asked staff why the streets were blocked at 4:45 p.m. for the Bluemont Concert Series? Town Council Work Session Minutes for June 26, 2000 Page 9 Councilmember Umstattd referred to a Hampton Roads video concerning issues to towns losing ground tax wise. It was decided that a copy of that video would be obtained for Council review. Vice-Mayor Webb suggested addressing tax issues in their legislative package. Council member McDonald asked that the issue of double tax dollars. The meeting adjourned at 10:05 pm.