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HomeMy Public PortalAbout2008_06_23 Council Work Session June 23, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Katie Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Councilmembers Absent: Council Member Martinez arrived at 8:40 p.m. Council Member Schmidt was absent. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public Works Tom Mason, Director of Capital Projects Management Nagi Elsewaissi, Director of Utilities Randy Shoemaker, Zoning Administrator Brian Boucher, Assistant Director of Capital Projects Management Tom Brandon, Chief of Current Planning Lee Phillips, Urban Forester Jay Banks, Environmental Planner Irish Grandfield, Business Retention Specialist Karen Jones, Deputy Clerk of Council/Management Specialist Debi Parry AGENDA ITEMS 1. Questions on Tuesday Agenda Items Council Meeting of June 24, 2008 a. Public Hearing - Loudoun Baptist Temple Brian Boucher stated this is an application to expand the existing church use. There was no Council discussion of this item. b. Public Hearing - Amending Section 2-87 through Section 2.91- 5 of the Leesburg Town Code Council Member Wright stated from Council discussions changes were made to narrow the overall membership of boards and commissions to Town residents and business owners as the default with the Balch Library Commission, Economic Development Commission and Airport Commission having broader membership requirements. He stated an amendment was also made to the role of the Economic Development Commission to include review of Town regulation processes. Mayor Umstattd verified an individual who owns rental property in the Town would be excluded from membership. She stated she would support including property owners. Council Member Reid stated he would be concerned with the possibility of an individual who owns acreage in Town and wants to be included on a Commission because he wishes to develop that property. He expressed support for limiting the out of Town membership to individuals who pay commercial taxes. Council Member Martinez expressed concern that this ordinance has not been sent to all of the boards and commissions and asked that an email Town Council Work Session of June 23, 2008 Paqe 2 be sent to them tomorrow. Council Member Hammier verified an employee in the Town who is not a resident would not qualify. Vice Mayor Horne proposed an amendment to Section 2.98 regarding the URAC Committee to remove the words "fair and reasonable". Further, she thanked Council Member Wright and Ms. Irby for their efforts. It was the consensus of Council to accept Vice Mayor Horne's amendment. Council Member Reid proposed an amendment that individuals not be appointed by Council to serve on more than one commission or committee simultaneously. He stated this provision would only apply to ongoing commissions and committees and would not apply to steering committees or task forces that may be established from time to time for specific projects. Mayor Umstattd stated in the past people such as Sandy Kane have served on the Economic Development Commission and Standing Residential Traffic Committee at the same time. Council Member Reid stated perhaps the amendment is not worded correctly, but his intent is to not people to serve on one commission and one committee. Council Member Hammier asked the goal of this revision. Council Member Reid stated his intent was to spread the wealth. He stated he has spoke with Council Member-Elect Butler who was alright with this amendment. He stated we have two committees now and this would ensure we do not have someone serving on more than one committee. Vice Mayor Horne suggested leaving the policy as is so a person can not be appointed to more than one commission and remain silent on the rest. Council Member Wright stated we may be better served to stay silent and police ourselves. There was further Council discussion regarding the number of out of Town residents allowed on a commission. c. Public Hearing - Approving TLOA 2008-0003 Zoning Ordinance Text Amendments to BAR Appeals Review Standards and to set a time limit for BAR reviews Brian Boucher stated last Thursday night the Planning Commission held a public hearing to discuss these amendments. He stated the Planning Commission expressed concern with the proposed de novo review for appeals and suggested that when an appeal comes before Council that they be limited to the record of what happened at the BAR meetings. Mayor Umstattd verified the record would be defined as any information or testimony at the BAR meetings and would not be limited to the Town Council Work Session of June 23, 2008 Page 3 minutes. Mr. Boucher stated the advantage would be that applicants would not be allowed to bring new material before Council. Council Member Wright stated that other point which was discussed is that this would not allow an applicant to change their application after receiving a denial from the BAR. Mr. Boucher stated this ordinance would allow Council to look at the record and reverse the BAR decision. He stated the Planning Commission felt the 60 day time limit would be difficult in the case of a large project and suggested that the time limit be increased to 100 days, which is the same as the Planning Commission regulations. He stated the parties could mutually agree to extend the time limit. Further, he stated the third thing the Commission discussed was the need for reliable rules of appeal to be adopted by resolution. Vice Mayor Horne stated she appreciates the Planning Commission's input and expressed concern with the proposed 100 day time limit. Council Member Martinez also expressed concern with the 100 day time limit stating an applicant could use that to their advantage. He asked what is the intent of this time limit. Council Member Reid stated he is confident that our BAR will not stand for someone who abuses the system. Council Member Hammier stated she is looking forward to the public hearing. Council Member Wright thanked Mr. Boucher for incorporating some of the changes from the Planning Commission discussion. He expressed concern with the wording of the ordinance stating the BAR does not have the Town Plan as one of their review criteria. Ms. Irby stated when she looked in the Town Plan she noted there is a listing of materials and it does refer to the Historic Districts. Council Member Wright stated the Zoning Ordinance does not empower the BAR to review the Town Plan. Mr. Boucher stated review of the Town Plan is appropriate in a case where there is something in the Town Plan to provide guidance. He stated if it is the desire of Council the Zoning Ordnance could be amended to include the power for the BAR to review the parts of the Town Plan that speak to the the historic district or materials. Council Member Wright stated the intention of the 100 day deadline is to ensure the BAR and applicant are working to the completion of a project, not working to appeal. Council Member Reid stated he would support clarifying the Town Plan Town Council Work Session of June 23, 2008 Page 4 issue. He verified Council could establish separate deadlines for new construction versus a sign or deck issue. He asked if Council would support a 100 day time limit on new construction and a 60 or 75 day time limit on other issues. Council Member Wright stated consistency is important. Mayor Umstattd expressed concern that new construction for one person may not be the same as new construction for another. Council Member Reid stated he and the Vice Mayor are concerned with the 100 days for review. He stated this is pushing things too long and sends a bad message. He asked the timeline used by other jurisdictions. Ms. Irby stated the VML model guidelines are 60 days. Council Member Reid stated 75 days would allow the BAR three meetings with one of which being a work session. He asked support for the 75 day guideline. Council Member Wright stated he was surprised the DIA spoke at the public hearing against a timeline and felt more comfortable as the Planning Commission looked in the direction of 100 days. It was the consensus of Council to remove any Town Plan review from this ordinance. d. Prospect Hills, Section 2A: Vacation of a 35' Building Restriction Line Lee Philips stated this is a neighborhood effort to get rid of an excessive 35 foot building restriction line that was recorded on a plat in 1961. He stated this came to light when a resident tried to get a zoning permit to construct a front porch on their home. Further, he stated the neighbors are in support of this action. Council Member Wright asked if this situation exists elsewhere in the Town. Mr. Philips stated this is fairly unique; however, in the Prospect Hills Subdivision, there are different setbacks for each section. e. Endorsement of VML "Go Green" Initiative Irish Grandfield stated the Environment Advisory Commission endorsed this initiative at their last meeting. Council Member Hammier stated she is supportive of reaching the threshold for certification as a green community; however, there are a couple of items that she would not support the Town seeking. Council Member Wright expressed support for Council Member Hammier's comments adding when reading the resolution he did not see that we were endorsing all of the points, rather we are just joining the program. Town Council Work Session of June 23, 2008 Paqe 5 It was the consensus of Council to amend the language to state, "the Town Council accepts the Green Government Challenge". f. Urban Construction Initiative Nagi Elsewaissi stated this would allow staff better control over the urban funds and staff would be administering the expenditures instead of the Virginia Department of Transportation (VDOT). He stated the action before Council only authorizes the intent to join the program and is not binding. Further, he introduced Dick Burke, VDOT Urban Program Manager. Dick Burke outlined VDOT's Urban Construction Initiative stating this program allows towns in the urban system to manage their entire construction program. He stated VDOT would be accountable for providing oversight, but not for individual decisions. Further, he stated the Town can award construction contracts if under $2 million, which will save one month review time. Mayor Umstattd asked what would happen with a larger project. Mr. Burke stated anything above $2 must be approved by the Commonwealth Transportation Board. He stated the main advantage is that there would be one major agreement between the Town and VDOT versus individual agreements for projects, unless there is a special funding source. He stated this would also allow the plans to be streamlined. Further, he stated the Town is already managing projects now, this simply provides added benefits. Mayor Umstattd asked if the $2 million will increase overtime. Mr. Burke stated if the program continues to be successful the threshold may increase over time. Vice Mayor Horne asked if there would be a financial impact on the Town. Mr. Burke stated the biggest impact to the Town will be the financial management of the money. Vice Mayor Horne verified this would not impact the Capital Projects staff as they are already managing these projects. Council Member Martinez asked what VDOT gains from this program. Mr. Burke stated VDOT is trying to give the localities more and more responsibility with their program. He stated this will allow the localities more flexibility. Council Member Hammier asked Mr. Wells' comments on the benefits and cost. She expressed concern that this maybe a way for VDOT to pass their responsibilities down to the localities. Mr. Wells stated there will be time savings and cost savings from being able to invest the money ourselves; however, there could be Town Council Work Session of June 23, 2008 Page 6 added administrative costs on the accounting side. He stated one of the advantages of taking this step is that you can not participate for one year so this gives us a test period to get a better feel for how this may work. Further, he stated after seeing the whole program up close staff will be able to come back to Council with a more detailed analysis. Council Member Wright stated the one year trial period does make him feel more comfortable. He stated the Town currently fully funds projects that are over $2 million and verified the $2 million threshold would only apply to projects with state funding. Council Member Reid verified this program only applies to projects in the urban program. He stated it is nice to know that we can get out of it and stated it is too bad the Town will not get a financial incentive for joining. He stated he would like to see what happens in Richmond with our funding picture before we adopt this. He stated he would like to see how other communities are working this out and expressed concern with additional impact on the Capital Projects Department. Further, he stated the one thing he would support is the local involvement phase as he has a problem with the way VDOT handles public input. Mr. Burke stated everyone is welcome to email him with questions on project status. Further, he stated passing this resolution allows Council one year to decide if they would like to join the program in July of 2009. Council Member Reid stated he would like to look at cost numbers from other localities as he would not want to hire additional staff. Mr. Wells stated staff will take the one year period to examine the project and if the process is not faster and doesn't save the Town money, then we will not participate. Mayor Umstattd stated she will support this tomorrow night as it does not obligate the Town to anything. She expressed concern that there will be a loss in the efficiencies of scale as projects are decentralized. Mr. Burke stated efficiencies of scale will still apply as these will still be VDOT projects. He stated the Town will have more control over the project and how the Town utilizes their funding. g. Bid Opening - Leesburg Executive Airport, Corporate/Commercial Hanger Pad Lease Mr. Wells stated the bid opening has been scheduled for tomorrow night. h. Offer to purchase easement by Dominion Virginia Power Ms. Irby stated a representative from Dominion Power will be coming tomorrow night to answer questions from Council. Council Member Wright stated it seems Dominion is premature in asking for this and verified the Town can choose not to support an offer at this time. Town Council Work Session of June 23, 2008 Paqe 7 Council Member Reid asked if support of this would indicate support for the Modified D Route. Ms. Irby stated her concern is that Dominion Power would be allowed to have an additional eighty feet to the current forty foot right-of-way versus surveying the property to see what they need. She stated she shared this with outside Counsel and the total of 120 feet in the future may allow Dominion to place additional poles without the need for additional easements. Council Member Reid stated he opposes the Modified D Route, as does the Town. Ms. Irby stated eventually we will have to negotiate the price of the easement with them; however, they are entitled to get an easement up to 80 feet. Vice Mayor Horne verified a power company does not have the power of eminent domain. Mayor Umstattd stated the safest thing at this point is to tell them no. i. Execution of REHAU sales contract for purchase of easement for Battlefield Parkway Nagi Elsewaissi stated this easement is needed to complete this segment of Battlefield Parkway. 2. Work Session Items for Discussion a. Tree Commission Annual Report Tree Commission Chairman Earl Hower, Tree Commissioner Bruce Dewar and Jay Banks outlined the Tree Commission's Annual Report including five goal areas; (1) Tree Planting and Increased Forest Canopy Cover, (2) Improved Tree Planting/Protection Legislation and Policies, (3) Expanded Education and Public Relations, (4) Improved Organizational Structure and Funding, and (5) Improved Urban Forest Maintenance. Mr. Hower stated there is a white oak next to the farm house at Ida Lee which is possibly the only tree in Leesburg over 250 years old and asked that Council designate this tree as a Heritage Tree. Further, he stated in commemoration of the Leesburg's 250th Anniversary celebration, the Commission has partnered with the schools to attempt to grow seedlings from this tree to be planted around the Town. Mayor Umstattd asked that legislation be drafted for tomorrow night to designate the tree as a Heritage Tree. Vice Mayor Horne thanked the Tree Commissioners for their effort. She commented on Council Member Zolodos' 2000 trees by 2000 initiative stating the seedlings from the 250 year old tree will be an important contribution to the Town. Further, she asked staff to look for sources of water other than drinking water for the trees. Town Council Work Session of June 23, 2008 Page 8 Council Member Hammier thanked the Commission for their efforts. She asked if there is anything the Town can do to prevent the spread of the Ash Borer disease. Mr. Hower stated this is not an indigenous disease and currently there is nothing anyone can do to prevent it. Tree Commissioner Max Peterson stated the first thing you can do is try to keep the trees healthy as insects prefer to attack weak trees. Secondly, if you do find a tree is infected with this disease it should be cut down immediately and disposed of. Mr. Hower stated the quarantine area implemented by Fairfax County a couple of years ago for this disease was a quarter acre radius around the infected tree where every ash tree had to be cut down and disposed of. Council Member Hammier asked staff to report later on whether the maintenance budget ensures we are proactively checking the health of our trees. She stated another item that could be added to the benefits of trees is traffic calming and real estate values. She stated ":Ie are ahead of other localities in this area and there is an opportunity to us to do some PR and get an article in the VML Magazine to highlight some of the tremendous work the Commission is doing including the Heritage Tree. Further, she stated in thinking about the Heritage Tree, it may be a neat ritual to gather the acorns up and have the parents of graduating seniors pass them on to their kids who will hopefully comeback to establish their own roots in Leesburg. Council Member Wright thanked the Commission for their report. He echoed Council Member Hammier's comments regarding publicity for our efforts including that we are one of five model communities in the Chesapeake Watershed that has gone to this level of effort. He stated as part of the outdoor pool project a presentation was made to the Parks and Recreation Commission regarding protecting Big Spring and the Parks Department is planning significant plantings through this area. Further, he stated it looks like we've lost a number of trees along Edwards Ferry Road near the Sheetz and asked if those would be coming back. Mr. Banks stated the trees will not be coming back. He stated our DCSM does not allow us to plant trees in public easements and the trees were somehow planted above a waterline. Council Member Wright stated a lot of our newer communities do not have as many trees and asked what some of the homeowners associations in Town are doing to plant trees. Mr. Banks stated last September the first HOA Tree Care Summit was held. He stated there were 25 participants and for about two weeks he received significant phone calls with follow-up questions. He stated this is just part of the ongoing education effort and it will be a challenge to work with the residential parcels to increase the tree canopy. Town Council Work Session of June 23, 2008 Page 9 Council Member Wright suggested that flyers be inserted in the resident's utility and/or tax bills, as part of the mailing insert program, regarding the need to plant trees. Council Member Reid stated the Commission met beyond 9:00 p.m. the other night to put this presentation together. He stated he has enjoyed working with the Tree Commission as it is one of his favorite Council assignments. He stated he and the Commission will miss Max Peterson and Marion Wolf. He stated Ms. Wolf worked with Leesburg schools to provide the children trees to plant and some schools are integrating this into their science program. Further, he stated the GIS mapping that was done for this presentation could interface with the SAGE program stating it could be used to find the best locations to plant the trees. Mr. Banks stated the assessment did not look at roadways specifically, and with the Master Tree Planting Program we will be looking at right-of- ways, but not major thoroughfares. He stated it is his understanding that the SAGE program will focus on the larger roadways and at this point there is no additional mapping, other than what currently exists. Council Member Reid stated we need to focus on the entrances to Town for this program to really show that we are a Tree City USA. He stated he had spoken with our previous Town Attorney to see if the Town could allow developers to plant trees in the H-2 Corridor in lieu of appearing before the BAR. He asked how the tree canopy percentages will be affected by the Town proceeding with annexation. Mr. Banks stated staff would not know the percentages until an inventory was conducted outside the current boundaries. He stated when we purchased the initial imagery the contractor took pictures of that area south and east of Town, but it has not yet been analyzed. Council Member Reid stated the Commission has been concerned about the contract that was awarded for Phase 1 of the reforestation project on Battlefield Parkway and asked how much of the contact amount is for maintenance. Further, he stated Council only allotted $250,000 in the CIP for all of Battlefield Parkway; however, the Phase 1 contract was awarded for up to $168,000. Mr. Elsewaissi stated the contract that was awarded was for an on-call contract to plant trees anywhere in Town and can be used whenever we want to plant trees. He stated staff plans to use this contract to plant trees along Battlefield Parkway in Potomac Station and other areas. He stated staff anticipated the trees would not need maintenance for one year as they will be covered by the contract warranty and after that the maintenance money would kick in. Council Member Reid stated there is concern that up to half of the new trees could die. Mr. Hower stated the Commission has prepared a memo regarding a Master Tree Maintenance Program that staff will provide to Council. He stated there are different variables involved in urban trees. Town Council Work Session of June 23, 2008 Page 10 Council Member Reid stated we need to have allotted money for maintenance for any trees planted at taxpayer expense and also for the SAGE program trees. Mayor Umstattd thanked the Commission for their efforts. b. OIA Recommendation - Town Manager's Report John Wells introduced Joe Mason from Davenport and Associates. He outlined the Downtown Improvement Association's five key guiding principals of their Strategic Implementation Plan, (1) protect historic assets, maintain the charm and promote community pride, (2) promote health, safety and community pride in the Town and downtown area, (3) promote public/private partnerships for downtown programs and initiatives, (4) the need for critical mass with appropriate design principals for some of the development within the downtown, and (5) support a regulatory process that is predictable, measurable and time-bound. Mr. Wells first addressed the fifth key point stating the new Department of Plan Review and the revised departments of Public Works and Planning and Zoning will be operational in their new format on July 1. Further, he stated today an announcement was made regarding the hire of Susan Berry-Hill as the new Director of Planning & Zoning and outlined other key improvements being made in this area. Regarding the fourth key point he stated the Council has initiated a Zoning Ordinance text amendment to address height issues in the Crescent District. Regarding the third key point he outlined the status of downtown programs and initiatives including scheduling a downtown parking summit. Regarding the suggestion that the downtown be developed as an urban park he stated one key step in this direction would be to expand the footprint of the existing four block area. Further, he expressed the need to improve the appearance and aesthetics of the downtown. Mr. Mason outlined the funding options for the $5 million in public infrastructure recommended by the Downtown improvement Association. He outlined the three financing alternatives as General Obligation Bonds, Stand- alone Tax Increment Revenue Bonds (TIF) and Community Development Authority Bonds (CDA) and recommended the use of General Obligation Bonds. He stated the funds in the Economic Development Reserve could translate to General Fund neutrality almost through Fiscal Year 2012; however, a General Fund subsidy could be required after that point under a scenario of two percent growth. Further, he stated even at maximum debt service under this scenario the total Town debt service stays below the debt service-to-expenditures policy of 15 percent, although the debt-to-personal income policy of 3.5 percent will be exceeded. Council Member Wright asked what drove the debt-to-personal income policy of 3.5 percent. Mr. Wells stated that policy is based on best practices. Vice Mayor Horne verified Mr. Mason felt the general obligation bonds would be the best method for financing. Town Council Work Session of June 23. 2008 Page 11 Council Member Hammier asked if there could be any other sources of revenue for these projects such as grants. Mr. Wells stated part of what we need to look at beyond this element of funding is restructuring some of our downtown organizations so that they will be grant eligible. Council Member Hammier stated she would support grant seeking and what we are trying to accomplish from a public/private perspective. Further, she stated the outlook is bleak for getting transportation money, but that just makes it even more important to stay focused on that because it will free up the ability to fund other things if that becomes something of interest. Council Member Wright asked why the assumptions only include two percent growth. Mr. Wells stated this is a conservative estimate. He stated this assumes no growth only the two percent escalation; however, over the past couple of years we have seen the commercial base increase. He stated the assumptions do not account for any growth spurred by this investment and if growth does occur then the declining trends outlined in the analysis will change. Further, he stated we need to be thinking of a footprint to include investments in the Crescent District as well as the downtown. Council Member Wright stated as we expand the footprint of the downtown area and complete the work with the form based code then there will also be a need for the economic development funding in that area. Mr. Wells stated the goal is to have no impact on the tax rate. Council Member Wright expressed the need for more information regarding grants and main street loans. Further, he stated it seems in order to stay within the debt-to-personal income policy we can only borrow up to $1 million. He stated it seems we need to either accelerate slower or identify priorities. Mr. Wells stated this also assumes we are financing one bond for the entire $5 million and it may be more practical from a capital projects standpoint to issue that money all at once. Council Member Reid stated he would like to know if the Virginia Resources Authority would be a viable source of financing especially if we are talking about the Crescent District and issues of flood control. He stated he believes they offer three or four percent rate. Mr. Mason stated depending on the nature of the projects the Town may be able to participate in a subsidized revolving loan fund. He stated the fee is not subsidized, it is market rate. Mr. Wells stated when we have to place debt we will be looking for the most economical method to use. Town Council Work Session of June 23, 2008 Paqe 12 Council Member Reid stated it is good to be conservative; however, he would like to explore the CDA approach as there could be a special tax for that and asked how that would work here. Mr. Mason stated the majority of landowners within the district would have to vote to approve this. Council Member Reid added or 51 percent of the assessed value. Mr. Mason stated the proceeds of the CDA financing could be spent on anything that is tax exempt eligible. He stated it would be a matter of creating the district and conducting a study and marketing the bonds. He stated the interest rate would be at the market rate because CDA bonds are viewed as a higher risk. Council Member Reid stated Fairfax County is floating a revenue bond for Dulles Rail and he does not believe it is a high interest rate because they are building a subway system. He expressed support for a tax district at a one or two percent assessment. He supported staff looking at the Crescent District stating he has become extremely skeptical of whether any of that street network could ever be built and would like to see the cost of the streets at total build out. He stated he would look at the option of VRA as Harrison Street needs to be elevated because of flooding. Further, he stated we need to see a more detailed report and also need to look at a growth scenario as he would not want residents to think they will be on the hook for this when in reality they may not be. Council Member Wright expressed concern that a special tax district would include residential property. Further, he stated it seems that it would need to be a three to five cent assessment. Mr. Mason stated he did not run numbers on the special tax district. Council Member Reid stated a special tax district primarily includes commercial property; however, sometimes it can include apartments. Council Member Wright stated trying to cover the debt service payments would require a significant tax. Council Member Reid stated if we have developers who are willing to develop the downtown however, they would need to get consensus from fifty one plus of the assessed value or fifty percent plus one percent of property owners to go in. He stated he owns a commercial building downtown and he would not mind paying a little more; however, others may not feel that way. Further, he stated it would have to include residences, but may encompass apartments. Mr. Mason discussed the moral obligation clause needed for a special tax district. Mayor Umstattd stated Council Member Wright made a good point that if you expand the footprint for one purpose you may face additional projects requested in the expanded area. She stated this report does show the Town Council Work Session of June 23, 2008 Paqe 13 potential major detriment to the taxpayers. She stated she is concerned with the idea of supporting additional infrastructure improvements. Further, she stated if Council is going to look at the possibility of a special tax district it would be important to first know what the County is going to do about the commercial tax increases and how that may affect the Town's businesses. Further, she stated she is skeptical of the benefits public infrastructure improvements would bring. Council Member Hammier discussed the possibility of receiving federal funding through our partnership with the Journey Through Hallowed Ground. She stated we need the facts associated with what is realistic. She stated there is a tremendous amount of grant money out there; however, unless you follow up on it with specifics you are not going to get it. Mayor Umstattd expressed support for Mr. Wells statement that we do not want to see an increase in the residential tax rate. Mr. Wells asked Council to allow staff to look at all funding options and what projects would be best to move forward with. Council Member Wright discussed the possibility of a downtown service district as recommended in the Urban Land Institute study stating what is missing in the downtown is the ability to function like a shopping center. Mr. Wells commented on the need to bring together the leadership of the various downtown organizations to discuss the possibility of creating a different type of structure. Council Member Hammier stated she would welcome that partnership. She expressed the need to get feedback from that new organization regarding ordinances that are strangling the ability for private investment dollars to come into the Town. Mayor Umstattd stated in relation to Mr. Wells' point if the property owners decided they wanted to operate like the management of Dulles Town Center or the Outlet Mall and include requirements in their leases regarding hours of operation that would be a private sector initiative. She stated there is no way for the Town to force it on them. c. SAGE Program Update Kaj Dentler stated staff has begun to identify what sites are available and to ensure how this would tie into the on call tree service contract. He stated moving forward staff will identify sponsorship opportunities and present a plan to Mr. Wells. He stated the goal is to make the project revenue neutral through the sponsorship programs including maintenance. Vice Mayor Horne stated Proctor Harvey of Lynchburg indicated that maintenance was part of the sponsorship. Mr. Dentler stated in discussion with Lynchburg Mr. Philips received an indication that the city paid the maintenance costs. He stated the key aspect of the sponsorship will be maintenance. Town Council Work Session of June 23, 2008 Paqe 14 Council Member Reid stated there may be companies who want to participate, but would like to plant the trees in a specific location, which may not be the best location. He stated this was discussed at the Tree Commission meeting and the GIS mapping will be important. Further, he stated home owners associations have budgets and they frequently will have funding for tree planting, but do not maintain them. He stated he has been advocating for a program to partner with home owners associations to plant trees properly and this could allow them to sponsor the trees and we could take over maintenance after a year or two. d. Town Council Discussion of Planning Commission Certification Council Member Wright recommended deferral of this topic as it may be resolved based on Council action tomorrow night. e. Update and Discussion of Joint Meeting with Board of Supervisors Mr. Wells stated the joint meeting is scheduled for June 30 at 4:00 p.m. He stated Council passed a resolution in April regarding a number of topics for discussion with the County and asked if Council would like that list refined for this meeting. Council Member Wright suggested topics including fire and rescue funding, social service funding, school resource officer funding, affordable dwelling units, excessive occupancy and Balch Library funding. He stated that will be too much for one agenda and should be limited. Further, he stated the AADP meetings have featured productive discussions and he looks forward to that type of discussion at this meeting. Council Member Reid suggested sticking with dollars and cents items such as Balch Library funding, school resources officers and the Leesburg Executive Airport funding. He stated he is concerned that the discussion may focus on the out of town utility rates. He stated he wishes staff would step up to the plate and say that we are in a no win situation with this unless the residents decide to drop the lawsuit. Further, he stated he does not want this conversation dominated by utility rates or Crosstrails. Vice Mayor Horne cautioned against putting an asset like the Balch Library on the line and giving up control. Council Member Reid stated that is not what he was saying. Council Member Martinez concurred with Vice Mayor Horne's comments. Council Member Hammier suggested limiting the discussion to fire and rescue funding, school resource officers funding and non profit funding. Further, she stated it was her understanding that Mr. Wells was going to provide Council with a plan for how to address the Balch Library with the County for the reasons Vice Mayor Horne and Council Member Martinez stated. Mayor Umstattd and Council Member Wright expressed support for Council Member Hammier's suggested topics. Town Council Work Session of June 23, 2008 3. For information only July 7-8, 2008 There was no discussion of the following items: a. Public Art Guidelines Paqe 15 Adjournment On a motion by Council Member Wright, seconded by Martinez, the meeting adjourned at 11: 11 p.m. 2008_tcwsmin0623