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HomeMy Public PortalAbout2005_02_07Council Work Session February 7, 2005 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan B. Home, Melinda Kramer, Marry Martinez, Bob Zoldos, and Mayor Umstattd. Councilmembers Absent: None Staff Members Present: Town Manager .]ohn 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 Planning, Zoning and Development Susan Swift, Director of Engineering and Public Works Tom Mason, Director of Parks & Recreation Kaj Dentler, Director of Economic Development Betsy Fields, Director of the Office of Capital Projects Nagi Elsewaissi, Senior Planner Bruce Douglas, Engineer Anne Geiger, Management ~[ntern Tami Watkins and Assistant to the Clerk of Council Debi Parry. AGENDA ITEMS 6:30 Special Briefing - Briefing on the Powerline Process - Christian & Barton Mayor Umstattd introduced Ms. Cliona Mary Burke Robb. She stated Ms. Burke Robb is representing the Northern Virginia Regional Park Authority in its battle against Dominion Virginia Power. Ms. Burke Robb outlined the process for filing an application with the State Corporation Commission. She stated it would be advantageous for the interested groups to file together as it would be in Dominion Virginia Power's interest to have conflict amongst the various parties. Mayor Umstattd asked how likely is it that the State Corporation Commission would put the alignment following the W&OD trail back on the table for discussion? Ms. Burke Robb stated it is not possible to know at this point. Mayor Umstattd stated Delegate May introduced a house joint resolution dealing with the power line issue and asked if there is any possibility that some relief will be provided through this? Ms. Burke Robb stated having the resolution there would be helpful. Vice Mayor Martinez stated it is hard for different groups to find common ground and asked if it would be advantageous for them to unite rather than filing as 10 separate groups? Ms. Burke Robb stated it would be better to unite if in doing so the groups can pool their resources together. However, having 10 groups against a proposal would have a large impact on the commission. Vice Mayor Martinez asked if town intervention would aide the concerned constituents, or if it would hurt them in the eyes of the commission. Town Council Work Session Minutes for February 7, 2005 Page 2 Ms. Burke Robb stated the commission always appreciates hearing from all of its constituents or stakeholders. However, if groups can pool their resources and hire experts they could have an even greater impact. Mayor Umstattd asked if conflict of interest rules would apply to experts, and could those experts be shared among the various groups? Ms. Burke Robb stated there would not be a conflict, if for instance, all parties would benefit from undergrounding and wanted to share the cost of an undergrounding expert. Councilmember Burk thanked Ms. Burke Robb for her briefing. She asked if it would be advantageous to the town to select more than one preferred route alternative? Ms. Burke Robb stated it is usually good to have options; however, the exception to that would be a case where all the stakeholders agree on one route. Councilmember Horne questioned the need for the powerline? Ms. Burke Robb stated the park authority has hired an expert who's assessment is that the need for the power line seems to be valid. Councilmember Zoldos stated there are some places in the commonwealth where the transmission lines are located underground. He asked if this is because it was cheaper to put them underground in those locations? Ms. Burke Robb stated she could readily recall two cases. Tn one case there was no room for overhead transmission lines and another case involved a Navy installation and the Navy paid to have the lines placed underground. Councilmember Hammler apologized for arriving late. She asked if it would benefit the town to pool its resources with the county, such as Purcellville is doing, or to align with local Leesburg groups? Ms. Burke Robb stated the most effective way would be to have expert witnesses that the commission finds credible, which requires a certain expenditure of funds. She stated pooling the resources is the best way to go if it means you can retain effective expert witnesses. Further, she stated the best way to find these witnesses is through your attorney or the commission's staff. Mayor Umstattd stated Council would meet with an attorney on February 23 who was referred by the attorney the Kincaid Forest citizens retained. She asked if Council would be willing to make a policy vote tomorrow night to hire outside counsel, or if they would feel better waiting until February 23? After further discussion it was the consensus of Council to vote on this issue February 23. Mallory Furher, Kincaid Forest Resident, thanked Council for their work on this issue. Town Council Work Session Minutes for February 7, 2005 Page 3 Agenda for Council Meeting of February 8, 2005 a. Amending Chapter 10, Article VT of the Leesburg Town Code regarding parking regulations. Betsy Fields stated staff complied a list of 16 issues that were raised at the Council public hearing. She stated the main issue seemed to involve employee parking and the proposed Town Code revisions remain neutral on this topic. Councilmember Zoldos stated town employees should be required to park at the Liberty Street parking lot; however, staff should be afforded the opportunity to pay for a parking place in the garage if they wish. He stated the garage was meant to stimulate business in the downtown. Further, he stated he is not in favor of reducing the free parking in the garage to one hour. Councilmember Horne stated this is a parking improvement plan and is a step in the right direction. She stated she is concerned with communicating to the historic district homeowners that they can park in the garage over night during a snow emergency. Further, she stated she has spoken to Mr. Wells regarding strategies for moving employee parking to Liberty Street. Ms. Fields stated we are making a lot of changes at once and staff will evaluate how things are working as the implementation moves along. Councilmember Home asked staff to report back in September. Mayor Umstattd thanked Mr. Wells for raising the gates at 5:00 for Gallery Walk. b. Change in voting precincts and polling places Councilmember Hammler stated she would support having different polling places for municipal elections, if there were a plan of action in' place to inform to the citizens where they need to vote. She suggested the use of electronic billboards. Councilmember Zoldos stated standardization is important. He stated it does not matter if the number of polling places is increased as long as sufficient communication is provided to the residents regarding where they need to vote. Councilmember Horne concurred with Councilmember Hammler regarding the need for a plan of action for communicating with the residents; however, she would be concerned with the use of electronic billboards. She stated the point of nine polling places would be to provide consistency to the residents so that they have a certain place where they always vote. Further, she stated her concern with the possibility of splitting one of the polling districts. Vice Mayor Martinez concurred with Councilmember Horne's comments. He suggested using the utility bill to notify residents and expressed concern with the use of electronic billboards as a means of notification. Town Council Work Session Minutes for February 7, 2005 Page 4 Mayor Umstattd stated she is unsure if residents who rent receive a utility bill. She stated while attending the NAACP banquet in December she raised the issue of the electronic billboards and was told that there could be a concern and staff would need to get the input of various groups. Further, she expressed her support for increasing the number of polling places to nine stating Council originally changed to the four polling places because of a recommendation from the Board of Elections. Councilmember Burk stated Ms. Price mentioned to her that the county would be reissuing the voter cards in the next couple of months. c. Amending the "Handbook for Boards, Commissions, and Committees" to include guidelines for advisory group interactions with the public, Councilmanic guidelines for advisory group member interactions with the public, Councilmanic representatives, and staff members. Councilmember Hammler stated during a meeting of her appointees on Saturday a point was raised that given the policy role of commissioners there is a responsibility to do all of our research, attend all of our meetings, and in some cases be contrary. She stated she supports the essence of the amendment; however, the handbook was just approved in October. Further, she questioned how this would be judged, regulated and enforced. Councilmember Zoldos expressed his support for the amendment stating it should apply to all. He stated Council should hold itself accountable by attending meetings for which you are the Councilmanic representative. Councilmember Horne stated it is distressing that the need exists to put details regarding common courtesy in our handbook; however, we can all benefit by being respectful. She stated there is an implicit mutual accountability that is at stake, adding where there is no dialog or communication there is a problem. Further, she stated the appointee has a responsibility to communicate with his/her Councilmember as the Councilmember has a responsibility to communicate with their appointees. Councilmember Burk stated she would support this because there is nothing wrong with reminding people to appreciate others and to communicate with respect. Vice Mayor Martinez stated he would also support this. He stated it should be implicit that when dealing with people you treat them with respect. Councilmember Kramer stated a person being contrary to the point where no regard for other people is inappropriate. She stated she is the Councilmanic representative to one commission and it was made clear when she started on Council that she would not make the meetings because she has two small children. Further, she keeps in close contact with the commission. Town Council Work Session Minutes for February 7, 2005 Page Mayor Umstattd stated the issue of whether all members of Council would be able to attend a retreat did come up and it is her feeling that if someone has job obligations that prohibit them from attending it should not become an issue. She stated every member of Council is very busy and hopefully none would criticize another if they were absent on occasion. Councilmember Zoldos stated the handbook lists "regularly attending meetings and actively participating in discussions" as part of the advisory group members responsibilities, which applies to Councilmanic representatives. Vice Mayor Martinez stated he has no problem with what Councilmember Kramer has said if she is keeping contact and participating with the commission. Councilmember Hammler stated the issue of nonfeasance is impacting those on the commissions. She stated this was the second quarterly meeting where the issue was raised regarding a Board of Architectural Review member who has not attended a meeting since July. Further, she stated nonfeasance and malfeasance are things that need to be addressed on an ongoing basis. Mayor Umstattd stated if there is a commission member who has not attended three meetings in a row the chairperson is supposed to contact the Councilmember who nominated them. Councilmember Kramer stated that appointee to the Board of Architectural Review has resigned. 2. Lowenbach ad-hoc committee report Suzanne Lago Authur, Chair of the Lowenbach ad-hoc committee and Ms. Wendy Overton addressed Council. Ms. Lago Authur stated the committee met eight times to discuss items such as curb and gutter, drainage issues, brick sidewalks, safety and historic tree preservation, traffic chokers using suitable street trees, designated parking areas, speed cushions and stamped asphalt crosswalks, historic entrance markers, and street lighting. Further, she stated the committee recommends that all improvements be completed in one phase before the barricades are removed. Ms. Lago Authur stated the committee is organizing an informational open house for the Lowenbach residents. She stated the members of the ad-hoc committee ask that Council implement their recommendations in order to protect the residents, and maintain the nostalgic charm of Leesburg's oldest subdivision. Further, she stated the estimated cost of the project is between four and five million dollars. Councilmember Kramer congratulated the committee on a job well done, stating this is a great model for all communities. She asked what the town's budget for this project is? Mr. Elsewaissi stated the original budget was $1.8 million for phase one and $2.2 million for phase two. Town Council Work Session Minutes for February 7, 2005 Pacle 6 Councilmember Kramer asked how realistic it is to complete this project in one phase? Mr. Elsewaissi commended the committee for their work with this project. stated this is a classic example of partnership between the community and town staff. Further, he stated it is more cost effective to do the project in one phase. He Councilmember Kramer asked who has the authority over the placement of historic markers? Ms. Betsy Fields stated it is run though a state program; however there is nothing in that program that would preclude the town from including a historic marker in its overall signage package within the town. Vice Mayor Martinez stated he is concerned with the loss of parking. Mr. Elsewaissi stated the committee walked the neighborhood and determined the locations that would need parking. Vice Mayor Martinez verified two residents of Exeter were involved in this process. Councilmember Burk stated this commission has shown that people can get together to work out a problem and still remain friends and neighbors. She stated some fire and rescue personnel have problems with speed bumps and asked if speed cushions address those concerns? Ms. Liz Whiting, Chairman of the Standing Residential Traffic Committee, stated the speed cushions do not lower speed to the same degree that speed humps do. She stated the committee's experience with the speed cushion is that you get calmed speed rather than the acceleration between speed humps. Councilmember Burk asked how many of the Lowenbach residents know about this plan? Ms. Lago Arthur stated the committee has been covered extensively in the press and have been very vocal with their neighbors. Further, she stated recently the committee handed out flyers to the Lowenbach residents to inform them of this meeting tonight and the future informational open house. Councilmember Horne stated she is proud of this community for pulling together to make their neighborhood a better place while preserving the historic integrity. Further, she asked what issues still have opposition? Ms. Lago Arthur stated some residents are opposed to sidewalks, while others are opposed to curb and gutter. Councilmember Zoldos commended the members of the committee and staff for accomplishing what the Council couldn't. He asked that staff provide an estimate of the bond financing impact. Further, he asked staff to look at providing improvements on Woodberry Road. Town Council Work Session Minutes for February 7, 2005 Page 7 Councilmember Hammler congratulated the committee on their hard work stating Lowenbach is the case study for how we need to transform outside the Historic District. She asked if staff anticipates any issues in acquiring the necessary easements? Mr. Elsewaissi stated most of the easements needed are temporary grading easements. He stated staff has learned from past problems in acquiring easements and it is his hope to adjust the design to minimize the need for them. Councilmember Zoldos stated it would be best to schedule the public information session as soon as possible, Mayor Umstattd stated there is a need to look at how this project would be implemented and if there is a need to approve an additional bond to fund this all at once. Further, she congratulated the committee for their work on this project. Ms. Lago Arthur thanked the town staff for their willingness to work through the concerns on this project. Dominion Power Lines a. Western Transmission Line Stakeholders Meeting b. Resolution and Memo Mayor Umstattd stated the attorney who will be coming in on February 23 is Thomas B. Nicholson from the firm of Macaulay and Burtch. She stated it is not yet known whether this will be a closed or open meeting. Councilmember Horne asked if there would also be a briefing on February 23 from Loudoun County so that Council can get a sense of their thinking? IVlayor Umstattd stated we could certainly try to request that. Bruce Douglas stated the county's position is that the transmission lines should be buried and should be located along Route 7. Mayor Umstattd stated thus far Loudoun County has not expressed interest in supporting an alternative route. 4. TCA-2004-02 Appeal of Zoning Administrator's Interpretation of Proffer #2:L of #ZM-:t:L6-Stratford Brian Boucher stated on November 4, 2004 he issued a proffer interpretation in response to a request from Mr. David C. Culbert, an attorney representing Ryland Homes regarding credits for water pro-rata contributions for money spent to relocate the existing trunk sewer line serving Stratford. Mr. Boucher read the proffer in question. Further, he stated the proffer refers to two separate pro-rata reimbursement funds that were established prior to the approval of #ZM-116 including the Route 643 Water Line Reimbursement Fund for the trunk water line, and the .1. Lupton Simpson IVliddle School Sewer Line Reimbursement fund for the trunk sewer line. Mr. Boucher stated in this case the appellant moved the sewer line and should therefore receive credit; however, they are also requesting credit for the water line, which they did not move. He stated the intent of the proffer is to relieve a developer Town Council Work Session Minutes for February 7, 2005 Page 8 of an obligation to pay into a water or sewer pro-rata fund if the developer has moved the trunk water or sewer line that is linked to the corresponding reimbursement fund not to relieve a developer of an obligation to pay into a pro-rata fund where he was not required to relocate the corresponding trunk line. Further, he stated the proffer language is unique in that it imposes an obligation on the town to give an applicant relief from certain water and sewer pro-ratas that would otherwise be charged to a developer building by right. Vice Mayor Martinez asked the potential cost to the town? Mr. Boucher stated it would be $400,000 in potential reimbursements. Further, he stated a ruling by the Council in favor of staff's interpretation can be appealed to the Circuit Court. Councilmember Hammler asked if Mr. Donnelly would like to add anything? Mr. Donnelly stated he has discussed this issue with Mr. Boucher and they are in agreement with the interpretation. Mr. David Culbert, attorney for Ryland Homes, addressed Council stating the key word plainly stated in Proffer #2! is the conjunction "and". He stated when asked to confirm that the applicant is entitled to a credit against both sewer and water pro-rata reimbursement funds, Mr. Boucher chose to postulate regarding what the prior Council's intent was in approving the proffer. Further, he stated the courts have consistently ruled that when language is plain and unequivocal on its face there is no reason to enter into any interpretative process. Mr. Culbert stated his client purchased the land subject to the proffers and expended money for which they expected and continue to expect to be reimbursed. However, the town took the opportunity to withhold permits unless Ryland Homes pays these additional tap fees not withstanding the fact they incurred expenses in moving these lines. Councilmember Burk verified the applicant moved the sewer line, but did not move the water line. Councilmember Horne thanked Mr. Boucher and Mr. Culbert for their presentations. She stated we do not have the luxury of knowing what people were thinking years ago. Councilmember Hammler asked if rvlr. Boucher has a rebuttal? Mr. Boucher stated he read the proffer in its entirety and the issue was not as clear as it has been presented. He stated this is an unusual proffer. There was further discussion regarding the interpretation of the proffer. Kenneth Byrd, Ryland Group, addressed Council. Mr. Byrd stated in this case the property owner is paying for reimbursement of this line, which was improperly located for this development, and then paying a second time to relocate it. Further, the pro-rata of $160,000 is inadequate to reimburse the cost of the sewer line relocation. Town Council Work Session Minutes for February 7, 2005 Page 9 Councilmember Kramer stated she has full and complete respect for Mr. Boucher. Vice Mayor Martinez stated he feels Ryland found the cost of moving the sewer line was more than was expected and now they are taking advantage of the English language to receive reimbursement of pro-rata for moving both lines, which was not done. Mr. Culbert stated Ryland seeks relief for both because the language of the proffer says they are entitled to reimbursement for both. Mayor Umstattd stated Council would take both arguments seriously in making a decision. 5. Authorization to submit a grant to the Virginia Recreational Trails Fund Program for development of Phase T! of the Ida Lee Park Trail Kaj Dentler stated this is a grant opportunity for federal funds administered through the state. He stated the grant would require matching funds. Further, he stated staff has been successful in securing funds from this grant previously. Mr. Dentler stated the second phase of the Ida Lee Park Trail runs from Rust Library to the southwest side of the park along Old Waterford Road. He stated this project has been designed and engineered since 2002. Further, he stated the estimated cost is $300,000 and staff is requesting $100,000 for the grant, which was the amount received for the Catoctin Street Trail. Councilmember Hammler congratulated Mr. Dentler and his staff on the success of the public input session for the Symington donation. Further, she stated she would support applying for the grant. Vice Mayor Martinez stated he would also support this request. He asked if there would be room in the budget for the required $200,000? Mr. Wells stated $200,000 could be added in if it is Council's priority. He stated legal services for the Dominion Virginia Power issue and the improvements in the Lowenbach subdivision will also have an impact on the budget. Councilmember Kramer asked if there is a timeline for the grant? Mr. Dentler stated the deadline for submission is IVlarch 4. Councilmember Kramer verified the town would have three years to complete the project. Councilmember Hammler stated Rust Library is expanding and the need for the trail is becoming a safety issue. Mayor Umstattd asked for an update on the Rust Library expansion. Mr. Wells stated the design is on hold. He stated the original plan was to move the library administration offices to the library; however, now with the possibility of using the North Street Building the Loudoun County Board of Town Council Work Session Minutes for February 7, 2005 Page 10 Supervisors are considering expanding the library to accommodate only public services. Mayor Umstattd verified Council could postpone applying for the grant until next year. She stated she is concerned about the cost involved in the Dominion Virginia Power issue. Further, she stated the rescue squad may request more money and she would hate to make this decision in advance. Mr. Wells stated this issue could be put on the Council meeting in two weeks if more information becomes available. 6. Appropriating supplemental funding and awarding a construction contract to Tessa Construction & Tech Company, LLC for the Pershing Avenue and Wilson Avenue Zmprovements Project based on the bid amount of $1,384,869 Councilmember Zoldos commended Mr. Elsewaissi and his staff for working with the residents of Wilson and Pershing Avenues. He stated the project has been a long time coming and he would like to see Council vote on this item tomorrow. 7. General Assembly legislative update/cable franchise rights Ms. Nicole Ard stated HB1603 regarding Iow cost airlines was defeated as was the flush tax and several Senate bills regarding capping real estate assessments. She stated Delegate May's electric transmission lines study bill and the other legislation regarding undgrounding are still being debated. Further, Ms. Tami Watkins and Mr. Donnelly are working on the cable franchise and are following the proposed bills regarding local government authority over cable television franchises. Councilmember Kramer commented on the success of Council's recent visit to Richmond for the Virginia Municipal League's legislative day. Councilmember Horne asked if the photo red light bill is dead? Ms. Ard stated related bills are still being debated in the Senate. Councilmember Zoldos stated it is important to closely watch the cable franchise bill. Councilmember Hammler stated she was impressed with the analysis of this issue :IT Commissioner Dave Hassett provided on Saturday and suggested that any Councilmember with questions give him a call. Further, she thanked Ms. Ard, Ms. Watkins, Ms. Leidich, and Mr. Wells for their hard work in scheduling the activities for legislative day. Mr. Donnelly stated it is not clear whether the cable television franchise bill will be voted on this session, as it is controversial. He stated this bill would not affect the current Adelphia franchise and staff is hoping to negotiate a franchise agreement with Verizon prior to the adoption of new legislation. Further, he stated this bill has strong opposition from the local governments. Vice Mayor Martinez stated it is his understanding that HB 2534 was delayed a year for study and it is the Senate bill that is still being debated. Town Council Work Session Minutes for February 7, 2005 Page 1 ! Councilmember Horne stated she has two excellent appointees to the TT Commission and the Cable Commission. She stated the expertise and input from them has been very helpful in understanding the issues. 8. Status of Standing Residential Traffic Committee Mayor Umstattd stated it is her understanding that the committee would prefer to remain as it is. Councilmember Burk asked if that decision was made by a majority or unanimous vote? Ms. Whiting stated the decision was unanimous of the members in attendance. Councilmember Horne stated she was in attendance at this meeting and there was a healthy discussion. Further, she thanked Ms. Whiting for her hard work. Councilmember Hammler stated she hopes the committee understands how important they are to the town. 9. Creating an additional position on the Leesburg Airport Commission to be reserved for a member of the Loudoun County Board of Supervisors Mayor Umstattd pointed out an inconsistency in the language of the resolution relating to the term of the Loudoun County Board of Supervisors representative. Vice Mayor Martinez stated it is important to include the county in the airport discussions because the airport has a great impact on the county's economy. Councilmember Burk verified the town has not received a reply from the county regarding this request for their participation. Councilmember Burk asked if the county is interested? Mr. Wells stated if no response is received, that would be a question to ask at the February 24 joint meeting with the county. Councilmember Burk stated the Loudoun County Board of Supervisors appointee to the Thomas Balch Library Commission has never attended a meeting. There was further discussion regarding the term of the representative, Councilmember Home suggested that the town request a specific member of the Board of Supervisors such as the Chairperson of their Economic Development or Transportation Committees. Mayor Umstattd stated she would hesitate to dictate which member of the Loudoun County Board of Supervisors would be preferred. Councilmember Horne stated she does not want the position to be ceremonial, rather it should be a functional and engaged role. Town Council Work Session Minutes for February 7, 2005 Page Councilmember Zoldos recommended that the language be amended to state "a member of the Loudoun County Board of Supervisors, and/or his or her representative." Councilmember Hammler stated she would support leaving the decision of who would be best to take on this role up to the Board of Supervisors. 10. Preview items for February 7, 2005 work session a. Value Engineering study for Town Hall Addition There was no discussion of this item. bw Leesburg Executive Airport/Corporate/Commercial pad site lease bid opening and public hearing There was no discussion of this item. Town of Leesburg Comprehensive Annual Financial Report (CAFR) for the fiscal year ending 3une 30, 2004 There was no discussion of this item. Authorizing a joint public hearing for TLSE-2005-0001~ Loudoun County Temporary Commuter Parking Lot Councilmember Burk asked the status of this item. Mr. Wells stated the application was received last week and staff has initiated the review process. He stated this item sets up the joint review process and a joint public hearing for the first meeting in April. Further, he stated the county is attempting to get a one month extension at their current site. Councilmember Zoldos stated he is concerned that the county's Director of Transportation, ~lohn Clark, is retiring and the current agreement expires at the end of April. He stated he would like to vote to initiate the joint process tomorrow and move the public hearing up if possible. Mr. Wells suggested that Council vote tomorrow to establish the process and as staff goes through the first set of review comments we might have a better idea of whether the process can be accelerated. Further, he stated Tom Mason and Wade Burkholder have been meeting regularly with county staff. 11. New Business None Adjournment The meeting was adjourned at 10:03 p.m. 2005_tcwsmin0207 ,~k ~)f Cc~uncil ~