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HomeMy Public PortalAbout2004_11_08Council Work Session November 8, 2004 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan B. Horne, Melinda Kramer, Marry Martinez, Bob Zoldos, and Mayor Umstattd. Councilmembers Absent: None Staff Members Present: Town Manager .lohn Wells, Town Attorney William Donnelly, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Chief of Police .loe Price, Director of Finance Norm Butts, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift Director of Economic Development Betsy Fields, Airport Director Cindi Martin, Director of the Office of Capital Projects Nagi Elsewaissi, Library Manager Alexandra Gressitt, Management/Budget Officer Mike Freda, Management Intern Tami Watkins and Assistant to the Clerk of Council Debi Parry. AGENDA [TENS Agenda for Council Meeting of November 9, 2004 a. Supplemental appropriation for Wastewater Treatment Plant Expansion - Public Hearing Mike Freda stated the specifics of the improvements to the plant at the was outlined at the last Council meeting. He stated this appropriation requires a public hearing, which will be held tomorrow night. Councilmember Hammler verified the Virginia State Code requires a public hearing if the project exceeds the budgeted amount by one percent or $500,000. b. Amending Resolution No. 96-212 relating to the Ethics Policy Councilmember Burk stated the purpose of this policy is to tighten up Council disclosure procedures. Further, she stated her approval for the proposed disclosure form. Mayor Umstattd clarified this policy would not require Council members to disclose meetings with the public. Councilmember Horne asked that a line be added to the form for Council to report the dollar value of any event attended, which was paid for by a person with an application pending in the town. Councilmember Zoldos asked that the form be presented in an electronic format. Further, he expressed concern with the signature line on the form given that the form will be completed electronically and asked that Council type "signature on file" at that spot. Mr. Donnelly stated the form has been created in an electronic format. He stated if the form is filed electronically, the Council member could simply type their name at the signature place. Mayor Umstattd asked that copies of the disclosure form be provided Town Council Work Session IVlinutes for November 8, 2004 Page 2 at the Council meetings so that Council members may complete the form prior to the start of the meeting. Councilmember Hammler discussed the potential involvement of the Tnformation Technology Commission in the design and use of a web browser to track meetings Council members have had. Further, she asked that the Planning Commission consider adopting the policy and disclosure form for their use. c. Declaring the town's intention to reimburse itself from the proceeds of one or more financings for capital projects. Mayor Umstattd asked that language be added to Section T! of the resolution to state," should Council decide to go forward with this project". Norm Butts stated this is a regular housekeeping procedure that was recommended by the town's bond counsel. He stated he would review the language of the legislation. Mr. Wells stated this resolution would not commit Council to doing the projects; rather, it lays the foundation for using debt financing and to recoup some funds already expended should Council decide to go forward. Mr. Donnelly stated in speaking with the town's bond counsel there seems to be some question as to whether funds expended before the resolution could be recouped after bond issue. Tt was the consensus of Council to accept the change in language suggested by the Mayor. Councilmember Hammler asked if this resolution would allow the town to cover all costs to date if bonds were issued? Mr. Butts stated it is his understanding that all engineering costs could be covered at bond issuance; however, he will verify that with the bond counsel. Councilmember Hammler stated Council should anticipate questions from the public regarding this issue. d. Airport Runway :L7-35 Rehabilitation Project Contract Award. Nagi Elsewaissi stated this project is to replace the pavement and many other safety improvements to the Leesburg Executive Airport He stated action is required tomorrow night because the bids are about to expire. Councilmember Zoldos questioned the ramifications associated with closing the runway for 60 days. Mr. Elsewaissi stated only a portion of the runway will be closed at a time, with the full run way closed for a couple of weeks. He stated the major impact would be to larger aircraft, which would have to be diverted to another airport for the duration of construction. Town Council Work Session Minutes for November 8, 2004 Page 3 Cindi Martin stated jet traffic would be prohibited during the duration of this project. She stated all traffic would be prohibited for a period of three to four weeks. Further, she stated this issue has been discussed with the affected tenants, most of whom will temporarily move to Dulles Airport. Councilmember Zoldos verified the contractor would work six days a week for twelve hours. He stated the Council should consider looking at a shorter period of time for construction. There was further discussion on the project schedule. Councilmember Hammler verified the Airport Commission has endorsed this project. Further, she asked why a vote is required tomorrow? Ms. Martin stated the bids are set to expire soon. She stated the bids were received this summer; however, staff has been waiting to acquire the necessary easements. e. Proposed changes to the Council meeting process Mayor Umstattd stated these proposed amendments came out of some Council member concerns that the meetings were going very late. She stated there are six proposed changes. Vice Mayor IVlartinez stated Council should try to keep their remarks to five minutes. He stated Council remarks should not be moved to the end of the meeting. Further, he stated his support for the recommendations. Councilmember Burk stated this is an attempt to become more efficient in the business portion of the meetings. Councilmember Home thanked Councilmember Burk for her suggestions. She stated it is important for Council to be respectful of the public's time and to operate in a more efficient way. Further, she asked that petitioner's comments during the work session be limited to discussion of items on that night's agenda. Councilmember Zoldos stated there should be a petitioner's section in the work session for citizens to address any issue. Further, he suggested that all presentations begin at 7:30 to allow the public to attend. Councilmember Hammler suggested starting Council worksessions at 7:00 p.m. and televising them. She stated she has confirmed Mr. Fields from the High Growth Coalition will be available to brief Council at 7:00 p.m. on November 22. Further, she concurred with Vice Mayor Martinez that the Council member comments should come prior to the legislative portion of the agenda. Mayor Umstattd stated she could support moving the Council member comments to the end of the meeting. She stated Council member's have time during the debate of any item to address their concerns. She stated Town Council Work Session Minutes for November 8, 2004 Page 4 she could not support having staff presentation begin at 7:00; however, she could support non-staff presentations at that time. There was further Council discussion regarding changes to the meeting process regarding petitioner's comments at work sessions, televising the work sessions and enhancing public access to the information discussed at all Council meetings. Tt was the consensus of Council to vote on each of the proposed changes individually. f. Advanced Transportation Management System - Town/State Agreement and Construction Contract Award Mr. Elsewaissi stated the purpose of this project is to synchronize the traffic signals on the Rt. 7/15 Bypass and within the Rt. 7/15 Bypass on Market Street. He stated the signals would all be connected through telephone lines to town hall. Councilmember Horne stated the necessity of facilitating traffic within the town and stated she would like to see this project mentioned in the annual report. 2. Downtown Streetscape Features - proposed Town Code revisions Betsy Fields outlined the proposed code revisions including administrative approval or sandwich boards and a separate section in the Town Code to address sandwich boards, and newspaper and real estate boxes. Councilmember Zoldos asked Ms. Fields to explain the administrative process. IVls. Fields stated an application and photo would be submitted to the Downtown Coordinator for approval. She stated there would also be an appeals process implemented in which decisions could be appealed to the Town Manager. There was further discussion of the administrative approval process, removal of items not in compliance, and Americans with Disabilities Act requirements. Mayor Umstattd asked that language be added to the legislation to require town staff to hold confiscated items for a reasonable period of time to allow owners to claim it. Ms. Fields stated no public hearing is required for this item; however, one could be held to allow for public comment, It was the consensus of Council to hold a public hearing at the second meeting in January. 3. Letter of support to the Loudoun County Board of Supervisors regarding Aldie Mill Mayor Umstattd stated she would abstain from discussion of this item and asked that the signature line on the letter be changed to "Vice Mayor". Town Council Work Session Minutes for November 8, 2004 Page $ Mr. Wells stated the county has issued a request for participation in a public/private partnership to operate the facility. He stated they are evaluating the cost of renovation. Further, he stated based upon the review of building code and Americans with Disabilities Act requirements, the cost is estimated at over a million dollars. Councilmember Zoldos asked that the last paragraph of the letter be amended to read: "The Town Council asks Loudoun County to accept, through the Public/Private Educational Facilities Act .... ". Councilmember Burk stated it is her belief that the county should assume ownership and restoration of the mill regardless of their ability to establish a public/private partnership. Councilmember Horne concurred. There was further discussion of Councilmember Zoldos' proposed amendment. was the consensus of Council to leave the letter as is. Mr. Wells stated he would change the letter to read "majority support" as opposed to "unanimous support" because of the Mayor's abstention. 4. Contract award for annual street maintenance for concrete and brick repairs Mr. Elsewaissi stated this project is to repair the brickwork and concrete to eliminate tripping hazards and to bring the sidewalks into compliance with the Americans with Disabilities Act. 5. 2005 Legislative Agenda Nicole Ard stated the legislative agenda is an annual list of the town's priorities used to communicate the town's needs to staff, residents and our legislative representatives. She stated some issues have been carried over from last year's agenda. Vice Mayor Martinez asked if the possibility still exists for overpasses at the Rt. 7/15 Bypass intersections with Sycolin Road, Battlefield Parkway and Edwards Ferry Road? Tom Mason stated a cloverleaf interchange is planned for the Rt. 7/15 Bypass intersections at Battlefield Parkway and Sycolin Road. He stated a diamond interchange is planned for the intersection of the Rt. 7/15 Bypass and Edwards Ferry Road. There was further Council discussion of the intersection improvements needed within the town. Mayor Umstattd suggested that the details of the traffic improvement projects be clarified within the legislative packet. Council asked that the priority list be amended to make traffic enhancements the top priority and list issues regarding the burial of power lines as the number two priority. Town Council Work Session Minutes for November 8, 2004 Page 6 There was further Council discussion of other items listed on the legislative agenda. Mayor Umstattd asked if the town has the authority to use red light photo technology? Chief Price stated authority was only give to select localities within the state. ~[n addition, unless the sunset provision is removed, no localities within the state will be permitted to use this technology after 2005. Councilmember Horne asked if enabling legislation could be passed to include Leesburg? Chief Price stated Senator Mims has drafted legislation; however, it has not received the approval of the House of Delegates. Ms. Ard stated staff would return in two weeks for final comments from the Council and formal adoption of the legislative packet, which will be prepared for distribution to our legislative representatives. Councilmember Burk stated she would like to see an item added to the packet requesting funding for open space, parks and historic preservation. Councilmember Hammler stated Council might wish to consider an additional bullet point support other group agendas including the High Growth Coalition, once Council receives their briefing. There was further Council discussion regarding sales tax revenue and traffic funds. 6. Animal Control Agreement Bill Donnelly stated the previous agreement between the town and county can not be found and it is necessary to create a new agreement to allow the county's animal warden to enforce laws within the town limits. He stated some revisions to the town code will be necessary and he will provide a draft agreement and ordinance for the Council's approval. Mayor Umstattd stated she and Mr. Wells have discussed other areas where the town may have designated the county as our agent and whether we have the agreements the court may want. Councilmember Zoldos expressed the need to enforce regulations regarding cats running at large. Mr. Donnelly stated he would review the town code to determine what options are available, 7. Balch Repairs Update Tom Mason stated a technical and engineering consultant firm was working to assess the repairs needed at the Balch Library when the project manager was murdered and all of his records impounded. He stated staff has now received the report and taken steps to prioritize repairs. He added funds are available and the bid process should begin around Christmas. Further, additional funds will be requested in the mid-year budget. Town Council Work Session Minutes for November 8, 2004 Page ? Mr. Wells clarified with the funds available staff can make some quick repairs and will request additional funds for the remainder of the repairs in the mid-year budget. Councilmember Kramer stated these improvements are desperately needed to protect the treasures at the library. Vice Mayor Martinez verified staff is working with the state to secure funding for repairing the leaks in the brick. He thanked Larry Schonberger, Bob Lilly, Alexandra Gressitt, and Robert Farris for their work on this project. Preview items for November 22, 2004 work session a. Noise Ordinance status .lohn Wells stated a proposed ordinance will be provided to Council at it's next meeting. Mr. Donnelly stated there is concern with the enforceability of a decibel based system. He explained that Charlottesville, Virginia had a case thrown out of court because they could not verify the equipment used to measure the decibel of noise was properly calibrated. Further, he stated the city amended their charter to allow for the use of a certificate to provide proof of calibration. Mayor Umstattd asked if a charter amendment should be added to the legislative agenda. Mr. Donnelly he met with Captain .leff Van Gilder who stated the current noise ordinance seems to work well now; however they are not set up to handle stationary noise. He stated the ordinance as currently drafted will hold up in court should the new Commonwealth's Attorney choose to enforce it. Further, he stated he could provide Council with copies of decibel based ordinances from other jurisdictions. Councilmember Kramer stated the town's major issue is stationary noise. She discussed the importance to finding a way to adequately address this issue. Further, she stated Council needs to get information from neighboring communities in Northern Virginia to see what they are doing to address this need. Mr. Donnelly stated both Loudoun and Fairfax Counties have a decibel system; however, Fairfax County has said that they have never taken a case to court and do not plan to. Mr. Wells stated staff would provide further information on this issue to Council at its next meeting. New Business a. Vice Mayor Martinez suggested that a committee be established to look into ways to improve the Lowenbach neighborhood capital project and to address the resident's concerns. Councilmember Hammler stated a meeting was held with residents last Wednesday, to discuss the needs of residents of Marshall Drive and the Town Council Work Session Minutes for November 8, 2004 Page 8 Lowenbach Subdivision. She stated once the traffic counts have been completed a meeting will be scheduled to visit the neighborhood and review the plans. There was further discussion regarding the best way to meet the needs of the Lowenbach residents. Mayor Umstattd asked Mr. Elsewaissi to keep Council informed of any meetings with the Lowenbach residents and when the the Standing Residential Traffic Committee will be addressing this issue. b. Councilmember Home asked Council be provided with an indication of the impact on the Clerks' Office to maintain the disclosure forms. Further, she stated in establishing the Lowenbach committee she would prefer that the membership be staff and residents. 10, Adjournment The meeting was adjourned at 10:20 p,m. 2004_tcwsmin1108