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.