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HomeMy Public PortalAbout2006_10_10 Council Work Session October 10, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Council members Absent: None Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Chief of Police Joe Price, Director of Capital Projects Management Nagi Elsewaissi, Director of Economic Development Betsy Fields, Director of Planning, Zoning and Development Susan Swift, Director of Engineering and Public Works Tom Mason, Deputy Utilities Director Aref Etemadi, Zoning Administrator Brian Boucher, Chief of Comprehensive Planning David Fuller, Transportation Engineer Calvin Grow, Preservation Planner Annie McDonald, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry. AGENDA ITEMS Council Meeting of October 11, 2006 a. Amending the Town Code to allow water and sewer availability fees to be paid in installments - public hearing. Betsy Fields stated this Town Code amendment would allow an applicant with sewer availability charges in excess of $15,000 or water availability charges in excess of $10,000 to pay balance in installments. She stated there are also some other minor changes associated. Vice Mayor Horne verified the Economic Development Commission has endorsed this amendment. b. Various amendments to the Zoning Ordinance. Brian Boucher stated Council's previous comments and concerns have been included in the proposed ordinances. Vice Mayor Horne verified staff has addressed the setback issues pertaining to Loudoun Street. Council Member Wright addressed ordinance "e" pertaining to traffic study waivers. He related recent instances where there was a question as to whether or not a traffic study is needed and questioned if the language is clear enough to avoid future debate. Mr. Boucher stated this amendment establishes criteria that if met would allow an applicant to receive a waiver. Council Member Wright stated he wants to ensure that the ordinance is applied consistently. He expressed concern with ordinances "f" and "bb" regarding the requirement for archeological review stating we may be overreaching and putting a burdensome requirement on applicants. Town Council Work Session of October 10. 2006 Page 2 Mr. Boucher stated this is a requirement that could also be waived. Council Member Wright addressed ordinance "ff" regarding home employment. Further, he addressed ordinance "II" stating the way it reads one would conclude that we will be paving all driveways in Town regardless of residential or commercial use. Council Member Wright verified that approval of ordinance "uu" would mean that no neon signs, other than "open" signs, would be approved in the Town. Further, he verified that the ordinance pertaining to clustering would be in the next batch of amendments. Council Member Reid stated he appreciates the flexibility on the sidewalk width issue; however, he has concerns regarding the trucking company and real estate broker ban as a home occupation. He stated he would like to see Council support an exception to the truck ban for home operators of landscaping or contracting businesses. Mr. Boucher expressed concern that trucks would follow the office and would be parked in the neighborhoods. Ms. Beach stated we advertised this and already held the public hearing. She stated we can make ordinances narrower; however, we can not make them broader without holding an additional public hearing. Mayor Umstattd stated she could not support an ordinance that eliminates the trucking company as a home occupation. She stated the problem is not the home occupation; it is something ancillary to it. Further, she stated her other concern relates to grasscreate, as she would like that permitted. Mr. Boucher stated grasscreate is harder to maintain and the level of use has a negative effect on it. c. Awarding the Lowenbach traffic circles construction contract. Nagi Elsewaissi introduced Tom Brandon as the new Senior Engineer for Capital Projects Management. Mr. Elsewaissi stated this item would award the contract in the amount of $165,000 for the Lowenbach traffic circles. He stated the circles should be installed this fall. Council Member Burk stated she has had several positive comments on the Capital Improvements newsletter. Council Member Reid asked if completion of these circles will open Catoctin Circle. Mr. Elsewaissi stated Catoctin Circle will not open until all of the Lowenbach improvements have been completed. d. Expressing opposition to the elimination of certain discounts for users of the Dulles Greenway. Nicole Ard stated this letter was previously discussed by Council at its last Town Council Work Session of October 10. 2006 Paae 3 meeting. Vice Mayor Horne stated she would like to see us communicate the need to reinstate the discounts. Council Member Reid stated his recollection is that this motion died previously for lack of a second and asked if the language pertaining to the miles program should be removed. Mayor Umstattd stated there seems to be Council support for the document as it is drafted. e. Making an appointment to the Environmental Advisory Commission. Mayor Umstattd stated she will be adding a new business item to the agenda for tomorrow night to appoint Miriam Nasuti to the Board of Architectural Review. For consideration and discussion: 1. Briefing from the Financial Auditor This item was deferred. 2. AADP/Crosstrail Update/Ridgewater Update. Mr. Wells stated Council has been made aware of the upcoming dates for the AADP meetings. He stated the joint meeting with the Board of Supervisors has been set for November 1. Mr. Wells outlined the committee's recommendation for the area in which Council would receive referrals for applications (Land Area Management Plan [LAMP]) and the area to be jointly planned (Leesburg Joint Planning Area [UPA])by the Town and County. Council Member Wright stated this is the same area that Council agreed to over a year ago. Further, he stated there should be an item on the Council agenda for endorsement tomorrow night. Council Member Burk asked if a proposal has been discussed to bring Morven Park into the Town. Council Member Martinez stated that has not been discussed by the committee. He stated he would be happy to include that for further discussion at a future committee meeting. Mayor Umstattd asked that we contact Morven Park to determine their position on that recommendation. Vice Mayor Horne stated some of the areas included are already developed. Council Member Wright stated these areas are included in our adopted Town Plan as the JLMA. He stated the Town has an interest in some of the developed areas from a transportation connection perspective. Town Council Work Session of October 10. 2006 Page 4 3. Discussion of potential annexation filing Council Member Martinez stated he has spoken with a number of residents who feel that annexation needs to be on the table now for discussion. He outlined the areas for future annexation and stated that the immediate need is in the southeast area bounded by Route 267 and Route 7 as well as the O'Connor property in the northern area. Mayor Umstattd stated Veteran's Park is not included on the map. Council Member Wright stated it was not included in the map because Mr. Wells indicated it is already moving forward with a boundary line adjustment. He stated the AADP Committee has been very careful in identifying the area for joint planning and have agreed that as the joint planning process moves forward we could begin to establish what is appropriate for annexation. Council Member Hammier stated she would be very sensitive to how we will proceed with the O'Connor property. 4. Extraterritorial Subdivision Jurisdiction Barbara Beach stated there was some discussion as to whether or not the Town would exercise the right to go outside the boundaries of the Town to have control over the subdivisions that were processed in that area. She stated Council has the option to wait until the AADP issues are resolved. Council Member Burk stated she would support tabling this issue until we see how the issues unfold. It was the consensus of Council to table the issue. 5. Request for application review status regarding Oaklawn at Stratford, Dulles Greenway IBattlefield Parkway Interchange, and KSI/Villages at Leesburg Oaklawn at Stratford Tom Mason stated in response to Council's request staff has provided an outline of the submission dates for the Oaklawn and KSI applications. He stated there are a number of outstanding submissions on the applicant's part, particularly for the KSI project. Further, he stated the focus has been on public improvements. Council Member Wright stated in the Manager's Report he would like to see a listing of key open issues. Council Member Reid stated Keane Enterprises had applied for a proffer amendment to build the other two lanes of Battlefield Parkway more eminently and it has been in the review process for over a year. Mr. Mason stated he is unaware of such a proffer amendment. He stated the entire section of Battlefield Parkway through this property has been approved and is under construction. Further, he stated there is a proffer amendment dealing with the daycare center. Town Council Work Session of October 10. 2006 Paqe 5 Mr. Boucher stated he does not believe the process has been continuing for over a year. He stated the submission has been delayed because the existing property owners have not signed the necessary documents. Ms. Beach stated any person who has a proffer can always advance it without amending it. Mr. Wright stated he was told at the Planning Commission meeting that all of the signatures have been received and the public hearing will be held at the Planning Commission meeting on November 2. Andv Shuckra, Keane Enterprises, stated the application for the concept plan amendment condenses the infrastructure proffers from three phases to two and doubles the phase one infrastructure to include all of Battlefield Parkway and Miller Drive. He stated this also includes some flexibility in two uses including convenience retail and gas station. Further, he stated it requests the acceleration of these two uses to be included in Phase 1. Mr. Shuckra stated he had his first pre-application meeting with the Town in January of 2005, submitted their application in June of 2005 and it was accepted in March of 2006. He stated between June 2005 and March 2006 there was a lot of back and forth discussion between parties regarding the technical details of the traffic study. Council Member Reid expressed concern regarding the delay of this application and spoke of the need for a gas station and child care in this area. Council Member Wright asked Mr. Shuckra what the issues were with the traffic study. Mr. Shuckra stated one of the reasons for the delay was the need to show the traffic conditions of the intersections at build-out. Council Member Hammier stated she was on the Loudoun County Economic Development bus tour on Friday and was surprised by the number of Keane Enterprise developments in the Town. She asked Mr. Shuckra to address his experience in dealing with both the Town and the County and some of the issues relating to the difficult nature of projects within the Town. Mr. Shuckra stated he has no project management responsibilities for developments in the County. He stated the process in Leesburg can be long, expensive and unpredictable. Further, he stated it is difficult at times to reach out and do the things that he wants to do when there is a gray area that is difficult to interpret. Vice Mayor Horne stated we have heard many times that Leesburg has a reputation for creating long, arduous, expensive and unpredictable processes. She stated there has to be a better way to maintain the integrity of our guidelines and values while having a process that creates a win-win for both sides. Further, she stated when we have a major transportation improvement we need to find ways to move those along. Town Council Work Session of October 10. 2006 Page 6 Council Member Burk stated it is important to have input from staff and the developers. Mayor Umstattd stated we have a desire to expedite the process. She stated if all of the votes have occurred we need to do what we can to get these projects off the ground. Further, she apologized for anything that is the Town's fault in delaying this project. Mr. Shuckra stated Battlefield Parkway is under construction and the proffer amendment will not delay those efforts. Council Member Reid stated Oaklawn is also building the two lanes of Battlefield Parkway in front of Cool Spring Elementary in collaboration with the Town. Mr. Wells stated the transportation improvements as well as staff's work on Sycolin are underway. Villaaes at Leesbura Tom Mason stated there are five or six applications within this project that are at various stages of submissions. He stated staff met with the applicant regarding the flood plain study submission; however, the applicant has not accepted offers to meet with staff regarding the other applications. Vice Mayor Horne stated we might want to consider establishing the position of a project manager who would work for the Town, but represent the interest of the larger developments as they go through the Town's process. Council Member Hammier asked the role of the contract we have with the engineer consulting group. Mr. Mason said we have a contract with the Engineer's and Surveyor's Institute (ESI) for them to conduct a peer review outside of our process to make sure the application is complete. He said the difficulty with this process is that it is a quantity check versus a quality check. Council Member Hammier suggested evaluating the value of the contract if we are not getting the level of information needed from a qualitative perspective. She asked what the impact will be on the timeline for KSI. Mr. Mason stated staff would have a better idea of the timeline if they could meet with the applicant's engineers to review staff's comments. He said staff's timeline on the second submission is 45 days. Council Member Wright asked if engineers working on projects in the Town and other jurisdictions can use the same guidelines, or do the Town's gUidelines differ from other jurisdictions. Mr. Mason stated you have to use our guidelines; however, they are basically the same as other jurisdictions. He stated when the Town's guidelines were developed they were based on Fairfax County's guidelines. Council Member Wright asked if there is a standard that we could have as opposed to having our own DCSM. Town Council Work Session of October 10. 2006 Page 7 Mr. Mason stated there is one international code book for buildings; however, jurisdictions differ on construction of public improvements. He stated our standards are no tougher than anyone else's. Council Member Wright expressed interest in receiving information regarding what a qualitative review would cost and how it would affect the process. Mr. Mason stated staff can speak with ESI regarding a more qualitative review process. Council Member Reid stated Villages at Leesburg was rezoned in fall 2005 and submissions were not done for six or seven months. He verified this is the first time that the Town has had to review a major interchange. Further, he stated other than the design issues, perhaps VDOT should handle the interchange. There was further discussion regarding the interchange approval process. Susan Swift stated VDOT has no authority to enforce our local codes or proffers. Council Member Reid asked how much oversight the County had with the Lansdowne interchange as that was a developer funded project. Garv Class, KSI, stated Dewberry and Davis is the engineering firm for the interchange. He stated Mr. Mason indicated that we have not met with staff; however, we have had several meetings with staff to address comments we do not understand or problems. Further, he stated the interchange approval is difficult as the interchange requires approval by VDOT, Loudoun County, and the Town. Mr. Class offered several suggestions to refine the current approval process, including; asking that staff review plans as expeditiously as possible, that staff not require something of the applicant when it is not applicable to the project, and that the ESI requirement be waived for the second submission. Dave Mahoney, Dewberry and Davis, stated there are some key issues that could be resolved and outlined some of the difficulties associated with approval of the Villages at Leesburg interchange. Council Member Wright asked where the direction came to change the plans from VDOT format to Loudoun County format and then to Town format. Mr. Mahoney stated when he originally met with representatives from each jurisdiction he was given direction to submit the plans in VDOT's format as they would eventually own the interchange; however, subsequent direction came later when issues arose regarding maintenance and landscape design. He stated the Town staff has been helpful; however, the Town's requirements are different from Loudoun County's. Further, he stated the process could be improved if staff were given flexibility to determine the process needed in certain situations and suggested getting a group together to provide recommendations. Mr. Wells stated as part of the ongoing efforts to improve our site plan process staff is looking to have a meeting with the development community before the end of the month. Town Council Work Session of October 10. 2006 Page 8 Council Member Wright asked that staff continue to brief Council on those efforts. Council Member Hammier thanked Mr. Mahoney for his insights and for his suggestion that a group get together to discuss this issue. She stated Mr. Wells has the leadership and the innate skills to get this done and this should be at the top of the priority list. Council Member Martinez verified this intersection fell under the jurisdiction of three separate entities and asked if there is anyway that we could waive our review of the interchange or ask the County or State to waive their review. Mr. Mason stated none of the entities could waive their reviews; however, there could have been an agreement to combine the process. He stated it is too late for a combined process at this point. Council Member Martinez stated we all know the process has to be improved; however, he is not happy with the way we are criticizing staff. He stated the applicants have not taken accountability for submitting incomplete or flawed plans. Mr. Mahoney stated he has had good experiences in working with Town staff on the Greenway interchange; however, there are certain instances when staff needs greater flexibility to allow for different circumstances. There was further discussion regarding the need for staff to have greater flexibility. Vice Mayor Horne stated we have heard a lot about ways that both sides can work more efficiently. She stated it is her hope that there are no other issues to hold up construction of this project. She thanked Mr. Mahoney and Mr. Class for their comments. Further, she stated no one is criticizing staff, and asked that staff brief Council on where they need greater flexibility in the regulations. Council Member Burk stated she has no problem with reassessing our process; however, Leesburg is looking out for Leesburg residents and we can't loose quality control. Council Member Reid stated he is not bashing staff rather he is bashing the process. He asked KSI to email any suggestions they have regarding our approval process to Cou ncil. Mayor Umstattd stated she does not understand why we have a contractual relationship with ESI as that process does not expedite the processing of applications. Uniwest Mr. Wells stated staff plans to meet with representatives of Uniwest Thursday afternoon to talk with the owners of the Rehau property who are involved with some environmental issues on their currently owned property. He stated there is some groundwater contamination in play that we need to deal with before any ownership of the property can change hands. He stated the other issue relates to the PPTA/PPEA guidelines that will be discussed at the Council meeting on October 23. Town Council Work Session of October 10. 2006 Page 9 6. Briefing on a new money/refunding bond issue Norm Butts stated we may have a refinancing opportunity resulting in a savings of $500,000 to $600,000. He stated staff has discussed the option with our financial advisors and recommended combining the refunding with the new money bond issue resulting in an additional cash savings. Joe Mason, Davenport and Associates, discussed the concept of a threshold, stating it protects the Town against moving forward unless market conditions prevail. Council Member Wright asked if action is necessary by Council. Mr. Mason recommended that Council pass a motion tomorrow night authorizing the advertisement of a public hearing for this issue. He stated the addition of the new money piece would be subject to a certain savings threshold. Further, he estimated the sale would occur around Thanksgiving. Council Member Wright asked if interest rates move in a different direction should we also have the option to pull the new money earlier if we do not have the savings threshold for the refunding. Mr. Butts stated if it is not in our best interest to refund then we will hold up on the new money. Council Member Reid asked that staff provide information regarding the fees associated with the refinancing. 7. Fiscal Impact Model and Capital Intensity Proffer Guidelines David Fuller stated the Town has completed negotiation of the contract for the Fiscal Impact Model which is scheduled for completion in six months. Mr. Fuller stated the Town Manager convened an interdepartmental committee to address proffer guidelines, with the goal of having adopted guidelines by the end of the year. He stated according to this schedule the Planning Commission will hold a public hearing and vote on the guidelines at the November 2 meeting and the Council's public hearing would be held December 12. Council Member Hammier verified the fiscal model would not be complete by the end of December. Mr. Wells stated parts of the model will be complete by the end of the year. Council Member Hammier stated this is important information for our joint meeting with the Loudoun County Board of Supervisors as we are entering discussions about joint planning and what we plan to bring to the table to facilitate meaningful discussions. 8. Draft Legislative Agenda Nicole Ard stated this document includes staff's recommendations for the year's requests. Further, the document can be adjusted during the legislative session and will be submitted along with the proposed amendments to the Town Charter. Town Council Work Session of October 10. 2006 Page 10 Vice Mayor Horne, regarding request number 7, asked if the Town does not already have the ability to control design review in areas outside the Historic District through our Zoning Ordinance. Ms. Ard stated this is part of what Council requested last year to have additional abilities above what we already have. Vice Mayor Horne verified the language pertaining to the under-grounding utilities and overhead power lines matches up with Delegate May's efforts with the Jaylarc study. Council Member Martinez stated he would like to see an item added requesting that Loudoun County have a representative on the Commonwealth Transportation Board. Council Member Burk stated she would want to be careful in the wording of Council Member Martinez's request as it is the Governor who appoints members to the Commonwealth Transportation Board. Council Member Hammier asked if staff has received any updates from the High Growth Coalition and if there is anything that should be highlighted much the way that we support the legislative program of the Virginia Municipal League. Ms. Ard stated she has not received any information from them in several months. Council Member Hammier asked if we should specifically recommend that the state facilitate support for getting federal funds to fund roads to alleviate regional roadway congestion. Ms. Ard stated we can add that language here and also with the TEA-21 grant information. Council Member Hammier stated that would be very helpful to add to number 13 pertaining to safe pedestrian travel and the town-wide trail system. Council Member Wright asked if we need to clarify what we are actually asking our legislators to do as you don't see the action needed until you look in the appendix. He stated in number 18 relating to the use of red light cameras he would like to add language relating to the use of speed cameras. Council Member Reid echoed Council Member Martinez's comments relating to the need for a Loudoun County representative on the Commonwealth Transportation Board. He stated he was quite offended by who the Governor picked based on campaign contributions. Council Member Reid supported Council Member Wright's comments regarding speed cameras. He proposed fines for over-length trucks and trucks with out good brakes and shocks. Further, he stated the law allowing us to assess impact fees for transportation would be easier to implement if it were streamlined. Ms. Beach stated she forwarded Council Member Reid's email on the impact fees to the Zoning Staff. She stated we are updating the subdivision ordinances and Town Council Work Session of October 10. 2006 Page 11 that may be where this request is appropriately placed. She stated we already have the power to enact this and it does not need to be part of the legislative packet. Council Member Reid stated he is suggesting that the language be revised by the General Assembly as it is difficult to enact and is limited in scope. Council Member Burk stated the gentleman appointed to the Commonwealth Transportation Board is considered an expert on transportation and is in line with the Governor's theory that transportation should be put in line when you are considering development. She stated to suggest that the Governor appointed him because of campaign financing is not appropriate. Mayor Umstattd stated she would like Council to consider asking for authority to put permit parking zones in place according to the needs of neighborhoods throughout the Town. She stated it is her recollection that the authority to enact the permit parking lies with the Town Manager. Ms. Beach stated she believes this is because the authority was delegated to the Town Manager. She stated she can not think of one instance in the State Code where the enacting authority does not vest with the governing body. Council Member Reid asked if the Greenway smart tag discount could be added in the resolution. He stated Delegate Poisson and Senator Herring are going to reintroduce their bill. Council Member Wright stated he would be cautious in this as the Greenway is a private business and the General Assembly can not force them to offer discounts. Council Member Reid stated there was a bill introduced last session to require a mandatory 10 percent discount. He stated Delegate Poisson and Senator Herring are requesting a tax credit. 9. Town Plan Monitoring Program David Fuller stated the Planning Commission has approved a format for the annual monitoring report that the Commission will approve at the end of every year. He stated staff is working to prepare the first annual report, which will be available in the next month or two. Further, the report offers the opportunity for the Planning Commission to hold a public hearing to discuss the Town Plan's implementation and effectiveness over the previous year. Vice Mayor Horne commended Mr. Fuller and his staff on their efforts. Mayor Umstattd asked if there should be a section on what we are proposing to do with the joint planning area and the referral area to monitor how many county referrals we get and if there is any joint planning going on. Mr. Fuller stated that could be addressed as a comment in the Land Use section. Mayor Umstattd asked if Council Members Martinez and Wright would be interested in having this included in the Town Plan. Town Council Work Session of October 10. 2006 Page 12 Council Member Martinez expressed support for the Mayor's request. Council Member Wright stated joint planning was one of the action items in the Town Plan so it may be one of the implementation steps that we can now check off. He stated this is a great document and thanked Mr. Fuller for his efforts. Council Member Reid stated he hopes this document looks very involved and he hopes that this doesn't consume a lot of staff time. Mr. Fuller stated staff will dedicate most of their time to the implementation steps. 10. Request Virginia Department of Transportation (VDOT) funding for highway projects with the TOL in the VDOT six-year improvement plan for fiscal years 2007-2008 through 2012-2013 Calvin Grow stated the Commonwealth Transportation Board will be holding a public hearing on November 1 to talk with elected officials and the public about Northern Virginia's transportation needs. Further, he outlined each of the projects to be included in the resolution for Council's approval in two weeks. Vice Mayor Horne asked if Loudoun County has any involvement in the widening of Route 7 to the Route 9 exit. Mr. Grow stated the County has been very involved in these meetings and have proposed making the bypass two freeway layers with noise walls. He stated all options will be looked at and Council will be briefed. Vice Mayor Horne asked if there is any funding for this project. Mr. Grow stated there is some funding for the County's portion from West Market Street to Route 9, but not enough to totally fund the project. He stated the VDOT's six-year plan does not include a project regarding the missing link from the South King Street exit to the West Market Street exit. Further, he stated VDOT is conducting a study to look at the whole corridor. Council Member Hammier stated this report raises a lot of concerns in terms of coordination with Loudoun County. She stated it would be useful to see what the County is planning to present, specifically relating to items that impact Leesburg citizens. Council Member Wright stated at one point he had heard there was a plan to add more lanes to Route 7 from Leesburg to Fairfax County. He asked if this is still the plan or is VDOT looking more towards creating interchanges to eliminate the traffic Iig hts. Mr. Grow stated Loudoun County's plan currently shows interchanges from Route 28 west to the Leesburg Bypass. He stated he is not sure of the proposals from Route 28 east to the Fairfax County line. Council Member Wright stated we have two lights on the Bypass addressed in this request and asked if the Bypass intersections at Fort Evans Road and Battlefield Parkway have met the warrants for inclusion in this request. Town Council Work Session of October 10. 2006 Page 13 Mr. Grow stated it is more a matter of priorities and funding. Council Member Reid stated he thought the Battlefield Parkway opening was delayed to 2012. Mr. Grow stated VDOT is moving ahead with the design-build process and has not been delayed. He stated we are $3 million short in funding but are hoping that the Leegate right-of-way will be donated as they are anticipating a rezoning on that property. Council Member Reid suggested looking to jump start projects critical to congestion relief including the flyover at Sycolin Road. He suggested asking VDOT to remove it from the Bypass widening project as it is desperately needed. Further, he suggested adding a widening project for Evergreen Mill Road, Greenway extension to Catoctin Circle. Council Member Reid stated he has received complaints from residents in the Fairview Street area regarding the West Market Street interchange as it is outdated and creates a traffic bottleneck. He stated we also need a study for the pedestrian overpass at Fort Evans Road. Mayor Umstattd expressed concern that by separating the Sycolin Road flyover from the Bypass widening project you could cause a further delay in both projects as the original scoping documents had both projects together. Council Member Reid stated the widening of the Bypass will be expensive and the Sycolin Flyover needs to be completed as quickly as possible. There was further discussion regarding the Sycolin Road flyover. 11. Board of Architectural Review Compensation Council Member Burk stated the Board of Architectural Review (BAR) has a minimum of one meeting and two work sessions per month. She verified the Planning Commission Councilmanic representative receives an additional stipend. Ms. Beach stated the Councilmanic appointees for the other boards and commissions do not receive an additional stipend. She asked if it was Council's intent for the Councilmanic representative to the BAR receive additional compensation as they do under the current ordinance. Council Member Burk stated she did not receive an additional stipend as Councilmanic representative to the BAR. She stated she would prefer that none of the Councilmanic representatives receive additional compensation. Mayor Umstattd stated this issue was raised to increase the compensation of the volunteers who serve on the BAR. She stated she would support increasing their level of pay to that of the Planning Commission. Council Member Reid stated Council Members spend time at all commission meetings and suggested providing the stipend received by the Commission members to the Councilmanic representative. He expressed support for increasing the stipend provided to the BAR given the number of hours the members have contributed. Town Council Work Session of October 10. 2006 Page 14 Further, he suggested that commission members only receive compensation if they attend the meeting. Ms. Beach stated she has reviewed the Town Code and the Zoning Ordinance and has determined that under the current ordinances the BAR Councilmanic representative is the only one who receives compensation as the Planning Commission Councilmanic representative does not. Mayor Umstattd stated Council Member Wright should receive compensation as the Councilmanic representative to the Planning Commission. She stated there have been proposals in the past to only pay commission members in attendance at the meeting. Further, she stated in her experience there was only one commissioner who would return her paycheck from the Balch Library Commission if she could not attend the meeting. Council Member Burk suggested tabling this discussion until more research can be done. Council Member Wright stated he has heard from some BAR members who do not wish to receive a raise. He asked if their staff liaison can poll the board to see if they want the increase in compensation. Council Member Martinez suggested amending the Town Code to remove compensation for the Councilmanic representative to the BAR. Council Member Hammier concurred with Council Member Martinez's comments and expressed support for increasing the compensation to the BAR members. For information only: The Town Council work session of October 23, 2006: a. Meter Based Availability Fees There was no discussion of this item. b. PPTA Guidelines There was no discussion of this item. c. Water Supply Regional Plan There was no discussion of this item. Closed Session a. Town Attorney Contract On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following motion was proposed: Pursuant to section 2.2-3711(A)(1) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss a personnel matter pertaining to the Town Attorney. Town Council Work Session of October 10. 2006 Paqe 15 The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd None 7-0 Nay: Vote: b. Legal issue regarding pending litigation On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: Pursuant to Sections 2.2-3711(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss litigation filed by the out of Town water and sewer users. The motion was approved by the following vote: Aye: Burk, Horne, Martinez, Reid, Wright Nay: Hammier and Mayor Umstattd Vote: 5-2 The Town Council convened in closed session at 10:37 p.m. The Town Council reconvened in open session at 11:19 p.m. On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following motion was proposed: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only legal matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following roll call vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd none 7-0 Nay: Vote: Adjournment On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting adjourned at 11:20 p.m. dadt/-L 1(1 aU {Clerk of Council 2006_tcwsmin1010