HomeMy Public PortalAbout2007_05_21
Council Work Session
May 21, 2007
Council Chambers, 25 West Market St reet, 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
Councilmembers Absent: Council Member Reid arrived at 8:03 p.m.; Council
Member Hammier arrived at 8:56 p.m.
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 Planning Zoning and Development Susan SWift,
Director of Parks and Recreation Kaj Dentier, Director of Economic Development
Betsy Fields, Director of Engineering and Public Works Tom Mason, Director of
Utilities Randy Shoemaker, Assistant Director for Parks Bill Ference, Environmental
Planner Irish Grandfield, Management Specialist Tami Watkins and Deputy Clerk of
Council Debi Parry.
AGENDA ITEMS
1. Questions on Tuesday Agenda Items
Council Meeting of May 22, 2007
There were no Council comments.
2. Work Session Items for Discussion
a. Leesburg Watershed Steering Committee recommendations for
use of the Tuscarora Creek Watershed Study
Gem Binooi, Piedmont Environmental Council (PEC), outlined the
findings of the study, which was a collaborative effort with the PEC,
Environmental Advisory Commission (EAC) and Town staff. She
recommended that Council establish a Town amenity along the Town Branch
in partnership with the Northern Virginia Regional Park Authority and Friends
of the W&OD. Further, she recommended establishing a neighborhood rain
barrel program, implementing the Urban Forestry Master Plan, planting trees
in dry ponds, re-growth of wetland plants, and planting rain gardens.
Ms. Bingol requested that Council sponsor another grant from the
National Fish and Wild life Foundation to continue this work.
Viroinia McGuire, EAC Chairman, outlined the next steps including
increasing stakeholder input from residents and businesses, determining
short- term priorities, coordinating with County watershed groups, public
education, and pursuing grants and partnerships. She stated the members of
the Watershed Steering Committee are very excited and there is great
potential to increase the overall health of the Tuscarora Creek Watershed.
Further, she asked that Council support aresolution expanding the
membership of the committee.
Council Member Burk stated she had the opportunity to participate in
the study and she appreciates the recommendations that have come from this
effort.
Town Council Work Session of May 21. 2007
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Vice Mayor Horne thanked Ms. Bingol and Ms. McGuire for their efforts
and expressed support for a public education effort.
Council Member Martinez expressed support for the resolution and
recommendations.
Council Member Wright asked if there has been an assessment done of
the water quality as it enters and exits the Town.
Ms. Bingol stated stream monitoring efforts have shown improvements
in the sampling from water downstream. She stated there is no upstream
monitoring station.
Council Member Wright asked the cost of acquiring a rain barrel and
how it would work.
Ms. Bingol stated rain barrels cost approximately $90; however, you
can get materials to make them yourself.
Council Member Wright suggested an education program on the
benefit of rain barrels. He suggested the Town could purehase the rain
barrels at a bulk rate and seil them to residents of the Town. Further, he
encouraged staff to plant trees from the Tree Bank in areas identified by this
report and staff to look for ways to complete projects with the least impact to
the environment.
Council Member Reid stated he is proud of the work of Ms. McGuire
and members of the EAC. He expressed support of the tree planting
recommendations suggesting a tree planting effort at Cool Spring and Tolbert
Elementary Schools. Further, he expressed concern with some of the other
recommendations and asked jf staff has analyzed the report.
Irish Grandfield stated preliminary analysis was conducted by the
Engineering and Public Works Department. He stated the directive of Council
was to have the Watershed Steering Committee analyze the report and staff
input to formulate specifjc recommendations to be brought forward to
Council.
Council Member Reid expressed concern with a particular
recommendation to rephrase Section 21-5 of the Design Construction and
Standards Manual (DCSM) "Any proposed land disturbing activity greater than
500 square feet shall comply with Section 6-100 of the DCSM" asked what
that means in terms of the DCSM and what impact it would have if adopted.
Tom Mason stated if the project disturbs more than a certain size of
land then you would have to apply for an erosion and sediment control permit
from Loudoun County.
There was further Council discussion regarding proposed amendments
to the DCSM.
Town Council Work Session of May 21. 2007
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Council Member Rejd stated the report stated the primary assessment
tooi was the unified stream assessment developed by the Center for
Watershed Protection. He asked if this data was available from the
Department of Environmental Quality (DEQ) or the Environmental Protection
Agency (EPA).
Ms. Bingol stated the EPA guidelines for stream analysis is the basis
for any check sheet when conducting analysis.
There was further discussion regarding the findings of the report and
sourees of contamination and potential confljets with the Town Plan.
Ms. McGuire stated the recommendations will be formulated by the
steering committee with sensitivity towards potential economic impacts.
Mayor Umstattd thanked Ms. Bingol, Ms. McGuire and Mr. Grandfield
for their report.
Council Member Burk stated in speaking wjth members of the Loudoun
County School Board she was informed that the O'Connor property is home to
the only trout stream in six counties. She stated they are planning to protect
the stream during construction of the new High School and use it as an
outdoor classroom.
It was the consensus of Council to vote on this item tomorrow night.
b. Photo Red Light Briefing
Chief Price stated in 2003 there were 206,000 red light crashes nation
wide resuiting in 934 fatalities and 176,000 injuries. He stated recent studies
show that red light cameras are an effective deterrent, and whereas rear end
crashes may increase the more dangerous t-bone crashes decrease. Further,
he outlined the different types of red light cameras and the enabling
legislation stating Leesburg would be looking to install cameras at three or
four intersections; however, he recommended that the Town start by
installing the system at one location.
Chief Price outlined different financing options available to the Town
stating he is working with Sheriff Simpson to determine the possibility of
sharjng a contract or joining in on a larger Northern Virginia contract.
Further, he stated the purpose of this proposal is to increase voluntary
compliance.
Council Member Burk stated she is not convineed this is a good idea;
however, she is glad the location of the red light cameras will be publicized.
Vice Mayor Horne expressed support for this proposal and verified the
first cameras would be insta lied in January 2008.
Council Member Martinez stated these tools are effeetive. Further, he
stated violations would generate funds to meet the goal of having the
cameras pay for themselves.
Town Council Work Session of May 21. 2007
Page 4
Chief Price stated staff will report back to Council on program
objections and revenue designation.
Council Member Martinez stated the legislation allows one photo-red
system per 10,000 residents and asked if any thought had been given to a
matrix involving traffic volume as Leesburg receives regional traffic.
Chief Price stated that information was presented to the legislature;
however, it has been a long arduous process just to get to where we are
today.
Council Member Wright stated he would like to see an approach to
install the cameras at three or four intersections rather than installing them
one at a time. He stated the idea is to make the roads safer not generate
revenue. Further, he asked if the systems can be moved from one
intersection to another.
Chief Price stated the systems could be moved; however, the new
intersection would have to be approved by VDOT and there would be a cost to
move the system.
Council Member Reid apologized for missing the presentation stating
he was attending Board of Architectural Review meeting for the discussion
regarding the fire station application. He asked the cost of these systems.
Chief Price stated that will depend on the type of system and financing
mechanism we choose.
Council Member Reid stated he has been concerned with the number
of traffic accidents at the intersection of Sycolin Road and the Route 7/15
Bypass.
Mayor Umstattd asked if there is a possibility that if we round up the
number of intersections we could loose a case in court.
Ms. Beach stated the law states each locality is entitled to install
systems at one intersection per 10,000 residents. She stated it is unlikely
that we will be able to round up the number to install four.
Mayor Umstattd asked if there is a set standard for determining
population.
Chief Price stated the law is not specific on that point. He stated the
Commonwealth of Virginia uses a specific population when creating our crime
index. He stated that population is approximately 35,000.
c. Legislative FollOW-Up
Nicole Ard stated her report provides an outline of staff's activities
related to new legislation passed by the General Assembly including the
Charter Bill and Photo Red Light.
Vice Mayor Horne asked the status of implementation of the affordable
housing program.
Town Council Work Session of May 21. 2007
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Ms. Ard stated Scott Parker is working on that program with County
staff to implement the new powers under the amended Charter by July 1.
Further, she stated he is working to develop a memorandum of understanding
for work with Loudoun County on the other affordable housing legislation
passed by the General Assembly.
Vice Mayor Horne asked if there is a time constraint.
Ms. Beach stated there is a time constraint associated with the proffer
money from KSI.
Council Member Hammier apologized for arriving late noting that her
daughter was selected for Babe Ruth try-outs. She stated relative to item f.
that Council had indicated a desireto wait another year before moving
forward with further Charter Bill amendments.
d. Town Council funding guidelines for community agencies
John Wells stated funding for community agencies has been allocated
in compliance with the guidelines established by Council for the community
agencies. He provided information regarding the funding requested by the
community agencies and the level of funding awarded. Further, he stated
Council Member Reid had asked that this information be reevaluated by
Council.
Council Member Reid stated he was concerned that the Town provided
three times as much money to tourism oriented organizations than to social
service organizations during the last budget cycle. He asked that Council
reexamine its policy regarding the level of funding provided to social service
organizations as the level of homeless is increasing and many citizens are
pushed to the edge by foreclosures. Further, he suggested other ways of
supporting these organizations such as providing free table space at Town
functions to raise awareness of their role in the community.
Mayor Umstattd stated Leesburg taxpayers are paying one out of
every seven or eight dollars that go to the County to fund all of these
programs, which totals $200,000 to $300,000 in addition to the $50,000
provided by the Town.
Council Member Burk stated the County's duty is to deal with social
services and an increase in the amount of money provided by the Town to
these organizations would essentially be a double tax on our citizens. She
stated this policy of an incremental decrease lets the organizations know
there is a formuia and policy so they start to look for other sou rees of
funding. She stated it was a hard decision; however, it comes down to what
your philosophy is regarding the Town's role and the use of tax funds.
Vice Mayor Horne stated Council put a lot of thought and consideration
into these guidelines to ensure we are the best stewards of the Town's
finances. She stated as County taxpayers we do contribute quite a bit to
these organizations based on the allocations decided by the Board of
Supervisors. Further, she stated we contribute to the Small Business
Town Council Work Session of May 21. 2007
Page 6
Development Center and tourism agencies to help our tax base and provide a
stabie funding souree to support this community.
Council Member Martinez stated he did support this policy; however,
there are some situations where it becomes necessary to go back and
reconsider our policy. He stated we talk about Leesburg for Leesburg only,
yet we are providing se ed money for a dog park that is not on Town property
and will be used equally by Town and County residents. Further, he stated
there is a need for this dog park; however, if we are going to carry this same
message then we should ask the County to participate too.
Council Member Martinez stated now that we have moved forward with
this policy to see how it works he is not comfortable with it and would like
Council to readdress it.
Council Member Hammier stated she is very proud of the policy
Council formulated to provide a framework to communicate effectively with
the non-profit agencies. She thanked Council Member Reid for his letter to the
newspaper as it provided an opportunity for her to speak to her children
about levels of government. Further, she stated because our taxes are based
on personal property we risk hurting the people we are trying to help by
raising taxes.
Council Member Wright complimented the previous Council who
enacted this policy. He stated we are taxing people a penny on the tax rate
and then donating it. Further, he stated one of the challenges we have in
reviewing the budget is trying to fill in the holes left by a lack of funding from
other levels of government to meet the citizen's needs.
Council Member Martinez stated he would not support raising taxes to
fund the non-profit groups; however, the Town had surplus money this time
and chose to fund the dog park.
Council Member Reid stated last year we donated $773,973 of which
$552,000 was given to fire and rescue; however, the policy indicates fire and
rescue should only receive $381,000. He stated $100,000 was given to the
Loudoun Convention and Visitors Association and $52,000 was given to social
service organizations of which $42,000 was from the Uran Fund, so we are
not using tax dollars for these donations.
Council Member Reid stated he fully supports our volunteers; however,
he would like a staff report on why the Leesburg Volunteer Fire Department
and Loudoun Volunteer Rescue Squad were given more than the guidelines
suggested.
Mayor Umstattd stated she underestimated the amount our taxpayers
contribute to the programs the County funds as the amount is actually over
$600,000 in the FY 2008 proposed budget added to the Town's contributions
in the coming fiscal year and the $500,000 for fire and rescue. She stated
we have so many groups that do wonderful jobs, but we can not carry the
burden for every charitable group that needs funding.
Town Council Work Session of Mav 21. 2007
Page 7
Council Member Reid asked why the public safety gUideline was not
followed .
Mr. Wells stated these are suggested guidelines and in the public
safety area Council had historically tended to provide funding at a higher
level.
e. Comcast Cable power supply box
Tami Watkins stated at the last meeting Council received a complaint
from a resident of the Woodlea Manor subdivision regarding utility boxes
located on his property. She stated Comeast has agreed to look at the
possibility of relocating the utility box; however, if relocation is not possible
they will work with the resident to develop a screening option. Further, she
stated the Cable Commission is supportive of efforts to require screening.
Vice Mayor Horne asked that Council be kept up to date on these
efforts.
Council Member Hammier asked if Comeast was given a timeline to
find a solution.
Ms. Watkins stated the Cable Commission asked that the situation be
resolved by their next meeting. She stated Comeast indicated if relocation is
an option it could not happen until after July as another location will need to
be found.
Council Member Hammier ensured Town Staff will be involved in
identifying any potentiallocation in the Town right-of-way.
Council Member Wright asked if the lack of notice issue was
addressed.
Ms. Watkins stated that was not discussed by the Cable Commission;
however, Comeast indicated they are speaking with their third-party
contractor to develop guidelines for notification.
Council Member Wright asked if the design of the utility box was
discussed.
Ms. Watkins stated the resident stated he would be happy if the box
were painted green and the height reduced by one foot and Comeast
indicated that could be possible. She stated there was a discussion regarding
technologies regarding a possible alternative power sou ree that would be less
conspicuous.
Council Member Wright stated Council received a complaint from
another citizen regarding noise coming from a similar box and asked jf that
had been addressed.
Ms. Watkins stated Comeast had not activated that box yet and the
noise was coming from elsewhere. She stated there was another generator
on that property; however, she had not yet contacted Dominion Power.
Town Council Work Session of Mav 21. 2007
Paqe 8
Council Member Wright stated Comeast indicated the larger box was
need ed for their phone and internet service and asked if the Town's franchise
has been updated to reflect these additional services.
Ms. Beach stated the local government does not have jurisdiction to
regulate most of those services as we only have authority over cable. She
stated we have authority over what lands are used; however, these
complaints are referencing private easements which we do not control.
f. Town Charter Study Group
This item was deferred to a future agenda.
g. Dog Park Update
Kaj Dentier stated this is a partnership with Morven Park to develop a
28-acre passive park with off leash area commonly known as the dog park.
He stated a community input meeting was held on May 9 at which time the
residents expressed general approval with five concerns and requests.
Bill Ference outlined five concerns/requests raised by the community
as follows; (1) place a three-way stop at Old Waterford Road and Fairview
Street and a speed bump at the entrance of the park; (2) place the off-Ieash
area at least 400-500 feet away from the homes in the neighborhood or as
far away as possible; (3) create a barrier or buffer between the homes and
the park; (4) conduct a study to ensure that storm water will not flow into the
neighborhood and into the existing pond; (5) build a trail/pathway for
residents to walk safely to the park and widen the road in the existing
bridge/culvert area.
Council Member Burk verified the proposed speed bump would be 500
feet from the stop signs. She asked the rationale for placing a speed bump at
this location when drivers will have just stopped for the stop sign.
Mr. Ference stated the residents were concerned with speeding drivers
coming in from the west regardless of whether the dog park is located there
or not.
Vice Mayor Horne expressed concern with the placement of a speed
bump in such close proximity to the entrance to Morven Park given the
injured and sick horses that are transported to the equine medical center
there.
Mr. Ference stated the Virginia Department of Transportation would
have the final say on the speed bump as this portion of the road is located
outside the Town boundaries.
Mayor Umstattd addressed the neighbors concerns regarding speed ing
stating widening the road might make the situation worse.
Vice Mayor Horne verified the Old Waterford Knoll residents are
requesting the Town fund a capital improvements project for a trail outside
the Town boundary to provide easjer access to the park from their
neighborhood.
Town Council Work Session of May 21. 2007
Page 9
Mr. Dentier stated on May 12 the Commission endorsed the use of
Morven Park indicating the need to stay with $50,000 as the Town's
contribution and look to the Friends group to raise any additional funds. He
stated the time line for opening the park is nine to twelve months. Further,
he outlined the next steps in the process.
Council Member Burk stated she had the opportunity to speak with Mr.
O'Keefe who indicated Morven Park is pleased to partner with the Town and is
excited for the dog park to be located there. She stated she would not
support a dog park at Ida Lee.
Vice Mayor Horne asked wh en the Friends group will be briefed on the
status of this project so they can begin to formulate ideas for fundraising.
Mr. Dentier stated staff is looking for general approval from Council on
the site and staff's plans for the park before moving forward.
Council Member Martinez asked the effect of building the park at Ida
Lee.
Mr. Dentier stated depending on the size of the park we could loose
one to two practice sites for youth sports. He stated if located at Ida Lee the
park would be smaller than what is proposed for the Morven Park location.
Council Member Hammier verified this use will not require a special
exception from Loudoun County. She stated she is thankful for Morven Park's
willingness to collaborate with the Town on this project. Further, she stated
she would support the opportunity to update their Board on the status of the
park site and suggested that the Town send a letter to their Board expressing
our gratitude.
Council Member Wright expressed concern with the cost of the
improvements requested by the residents.
Mr. Wells stated we will be looking very close ly at the concerns of the
neighbors and will work with Parks and Recreation Commission and staff to
identify appropriate items to include in the development of this facility.
h. Utility Rate Advisory Committee draft ordinance
Vice Mayor Horne stated Council Member Hammier had discussed the
issue of a stipend and asked if that had been addressed.
Barbara Beach stated she has prepared a draft ordinance and will
advertise the public hearing if Council is comfortable. She asked if Council
would like to include language in the ordinance to state the members will not
receive a stipend.
Vice Mayor Horne stated she would not support a stipend for this
Committee. She further expressed her concern that individuals who are suing
the Town over this issue not be included in the Committee's membership.
Council Member Hammier stated with the BAR there are very specific
requirements relative to the backgrounds associated with the composition of
Town Council Work Session of May 21. 2007
Page 10
the membership. She stated it will be incumbent upon Council to ensure the
balance of in-Town and out-of-Town members be kept when vacancies occur.
Council Member Wright stated the language regarding the in-Town
appointees is fine; however, it does not apply to the out-of- Town appointees
as there will not be a single Council Member nominating them. He suggested
limiting the term for the out-of- Town appointees to two years and subject to
renewal.
Council Member Martinez verified they must be customers of the
Town's utility system.
i. Supplemental donation for Good Shepherd Alliance
This item was removed from the agenda.
j. County Government Center Update
Mr. Wells stated of the five potential in-Town sites endorsed by Council
the Board has selected the KSI and Oaklawn for their short-list of five overall
sites for consideration. He stated his understanding is the five firms that
have been selected will be narrowed once again before the final selection is
made. Further, he stated he and Betsy Fields will meet with KSI and Oaklawn
within the next week to identify what type of support they would find helpful
from the Town.
Mayor Umstattd thanked Mr. Wells, Ms. Fields, Vice Mayor Horne and
Council Members Burk and Hammier for their efforts.
Vice Mayor Horne asked what information we have on the other
applicants and the point person for gathering this information.
Mr. Wells stated he is working with Ms. Fields, Ms. SWift, and Mr.
Mason to analyze all of the applications.
Council Member Hammier stated she would very much appreciate
staying on top of the Shellhorn opportunity in the spirit of maximizing
residents tax dollars. She stated at the last Ida Lee meeting one member of
the Board indicated some of the potentiallocations to the east would have a
cold water effect in terms of citizen's ability to participate and speak at Board
meetings because of the increased commute.
Council Member Wright stated he was concerned by a comment made
by Supervisor Jim Clem that he has spoken with several Council Members
who do not care if the County government building stays in Town. He stated
the statements made by this Council have been that we do care and we do
want the County to stay; however, we are cautious about how much property
is pulled off the tax rolls. Further, he stated it is important that we
communicate the benefits of the two in-Town sites to the Board.
Council Member Burk asked that a letter be prepared for Council's
consideration tomorrow night.
Town Council Work Session of May 21. 2007
Page 11
Council Member Reid stated the importance of keeping the County
Government building in Leesburg. He suggested holding community meetings
to educate the public and create alliances with interested organizations.
Mayor Umstattd stated she can not imagine any Supervisor is being
honest if he sa ys that he has the impression from conversations with Council
Members that any member of Council would be nonchalant about loosing the
government center. She stated she does not find that statement to be at all
credible and Vice Mayor Horne and Council Members Burk and Hammier have
worked hard at these Committee meetings to ensure the County knows that
Leesburg wants to keep the government center in Town.
k. Crosstrail update
Mr. Wells stated the Board of Supervisors decided not to take action at
their last meeting and have scheduled a vote for June 5. He stated staff will
send out a message to the HOA groups informing them of the June 5
meeting. Further, he stated we continue to press on the same issues of
utilities, transportation proffers, and housing near the airport; however, there
seemed to be some indication at the last meeting that the Board may be
interested in identifying Leesburg as the utility provider.
Council Member Burk stated it is important that our citizens come out
to speak on this issue. She stated a couple of the Supervisors are undecided
and with a good turnout we might be able to sway the vote.
Mayor Umstattd stated Tom Toth sent an email to encourage pilots to
attend.
Council Member Burk stated Mr. Toth made the point that the pilots
feit their previous testimony was disregarded by the Board of Supervisors.
Vice Mayor Horne stated she has been sending out her own emails and
is planning to attend the meeting.
Council Member Hammier echoed earlier comments and suggested
Council also look at more creative wa ys to communicate our concerns.
Council Member Wright stated the importance of getting the public to
attend the meeting. He stated there is a very good spin campaign by the
applicant and he is frustrated by the applicant's refusal to move on any of the
major issues.
I. Political Sign Ordinance
Council Member Reid stated conversations with Ms. Beach have
indicated our current political sign ordinance may be i1legal. He asked Ms.
Beach to provide further information.
Ms. Beach stated in 2004 the General Assembly did change the law
requiring political sign regulations to be in conformanee with other temporary
sign regulations. She stated we have approximately eight different temporary
sign ordinances in the Town Code and our political sign ordinance includes a
size restrietion and penalty that are not included in other temporary sign
ordinances. Further, she stated she has used the 2004 law to remove
Town Council Work Session of May 21. 2007
Paqe 12
everything except the requirements that it only be erected with the
permission of the property owner and that it not encroach on right-of-way
restrietions from our ordinance.
Mayor Umstattd stated the American Civil Liberties Union (ACLU) had
contacted Council a few years ago indicating their feeling that any prohibitions
on political signs violate the First Amendment.
Council Member Reid stated he would like this added to the batch of
Zonjng Ordinance amendments to be considered by the Planning Commission.
Vice Mayor Horne asked for a clarification of the language stating the
signs "shal not interfere with right-of-way restrictions".
Ms. Beach stated that language is taken from the State Law and refers
to sight distances or placement in the right-of-way. She stated she received
this request at 2:00 today and could not find better language than what was
in the State Code.
Vice Mayor Horne stated prior to this you weren't allowed to put
political signs in the public right-of-way.
Ms. Beach c1arified this only addresses political signs on private
property.
Vice Mayor Horne stated this would also nullify the requirement that
political signs be removed after an election.
Ms. Beach stated unless the other temporary sign ordinances are
amended Council does not have the power to require an individual to remove
a political sign from their private property.
Council Member Wright raised a point of order and asked how this item
was plaeed on tonight's agenda.
Mayor Umstattd stated the item was plaeed on the agenda at the
request of Council Member Reid.
Council Member Wright stated a section was added to the Tuesday
night agenda called "New Business for Consideration at a Future Meeting" in
an effort to avoid staff having to rush items through at the last minute. He
asked how much staff time was used in preparing this item for tonight's
agenda.
Ms. Beach stated she devoted approximately 30 minutes to this issue.
Council Member Wright asked if Ms. Beach had discussed these issues
with the Planning staff.
Ms. Beach stated she looked at the law and realized that our Code did
not conform to the law.
Town Council Work Session of May 21. 2007
Page 13
Council Member Wright stated some temporary signs require a permit
and payment of a fee and asked if there is a time limit on those signs.
Susan Swift stated some temporary signs require a permit and do
have a time limit depending on the type of sign.
Council Member Wright stated he does not want to see staff running
around to gather materials for a last minute agenda item requested by one
Council member. Further, he stated he would like to see this item vetted by
staff for more than 30 minutes and would like to find a way to keep the time
line for set up and removal of signs in place.
Council Member Hammier stated the point is that the ordinance does
not comply with the law.
Council Member Reid apologized for the appearance that this item was
rushed. He stated he had been meaning to ask the Town Attorney to
examine this issue for a while as he was cited for having a sign that was too
big in the 2006 eieetions. Further, he does not feel that this change will
create sign c1utter; however, the change does need to be made before the
upcoming election season.
Council Member Martinez verified in order to make the current political
sign ordinance legal, amendments would need to be made to the other nine
existing temporary sign ordinances. He asked how difficult it would be to
combine the temporary sign ordinances into one ordinance.
Ms. Beach stated it would not be difficult; however, it would require a
policy decision by Council to amend the other temporary sign ordinances.
Council Member Hammier asked that this discussion be moved to the
next agenda given this could be a lengthy discussion combined with Council
Member Wright's point about this item appearing on the agenda with Iittle
ti me for staff review.
There was further discussion regarding the General Assembly action
requiring this ordinance amendment and the process for placing items on the
Council agenda.
Mr. Wells outlined the consensus of Council as follows; when a request
is made by a Council Member to add an item to the agenda no staff time
should be allocated until it appears on the Tuesday agenda under "New
Business for Further Consideration" and that there ought to be more than one
Council Member requesting that work. Further, if there is support a full staff
review should occur before any information is provided to Council.
Council Member Martinez stated we can not restriet ourselves to that
process in the event of a pending deadline for action.
Council Member Reid stated there are many amendments that should
be made to the Town Code and Zoning Ordinance and we are at the mercy of
staff as to when those items will be addressed. Further, he stated as the
elected officials we should be allowed to put forth something for consideration
Town Council Work Session of May 21. 2007
Page 14
rather than have it be held up by the bureaucracy that doesn't want to
address the issue at that moment.
Mayor Umstattd stated there needs to be a certain balance with
regards to requests from Council. She stated every time staff spends time on
a request with minority Council support it takes time away from what the
majority of Council feels is a priority.
It was the consensus of Council to discuss this item at the next work
session .
Ms. Beach stated when asked by a Council Member to review an
ordinance that becomes her first priority and when an ordinance is c1early
i1legal she is not going to sit back because the amount of time she would
spend in litigation is far more than the 30 minutes needed to clean something
up. Further, she stated no matter how many people agree or disagree that
an ordinance is i1legal it does not change her opinion.
3. For information only:
Preview Topics for June 11, 2007:
a. Authorizing the submission of a matching grant application to
the Virginia Land Conservation Foundation
There was no discussion of this item.
b. Memorandum of Understanding from Northern Virginia
Regional Park Authority for Potomac Crossing Park
There was no discussion of this item.
c. AADP Map Follow-up
There was no discussion of this item.
New Business
a. Six-year draft plan from VDOT
Mr. Wells stated the six-year plan has been released by VDOT and
they have proposed funding the Sycolin Road Flyover in the amount of $11 to
$12 million. Further, he stated Mayor Umstattd and Calvin Grow are planning
to attend the May 23 public hearing.
Mayor Umstattd stated this Council, previous Councils and Mr. Grow
deserve tremendous credit for having requested this every year.
Council Member Reid confirmed this also includes the widening of the
Route 7/15 Bypass.
Adjournment
On a motion by Council Member Martinez, seconded by Council Member
Wright, the meeting adjourned at 11 :08 p.m.
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2007 _tcwsmin0521