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.
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