HomeMy Public PortalAbout2008_07_07
Council Work Session
July 7, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: David Butler, Thomas Dunn, II, Katie Sheldon
Hammier, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd
Council members Absent: All present.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby,
Assistant to the Town Manager Kathy Leidich, Assistant to the Town Manager Scott
Parker, Director of Engineering and Public Works Tom Mason, Director of Capital
Projects Management Nagi Elsewaissi, Zoning Administrator Brian Boucher, Airport
Director Tim Deike, Director of Capital Projects Management Nagi Elsewaissi,
Recreation Programs Manager Kate Trask, Economic Development Manager Marantha
Edwards, Planner Chris Murphy, and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. Questions on Tuesday Agenda Items
Council Meeting of July 8, 2008
a. Public Hearing - TLSE 2008-0002 Loudoun County Fire and
Rescue Services Warehouse Facility Outdoor Storage
Chris Murphy stated this is an application to put several sea containers
behind the building occupied by Loudoun County Fire and Rescue in the
Cardinal Industrial Park. Mr. Murphy stated the containers would be entirely
screened from surrounding uses by wooded areas, which are primarily on-
site, and the building itself.
There was no Council discussion of this item.
b. Public Hearing - Council Rules of Procedure
Jeanette Irby handed out corrected Rules of Procedure to the Council.
Vice Mayor Hammier suggested the Council consider restructuring the
meeting schedule to one work session, one public hearing meeting and one
regular session meeting per month.
Council Member Wright stated the changes seek to take the Rules of
Procedure out of the Code and allow them to be adopted by Resolution giving
Council greater flexibility to change their Rules of Procedure.
Council Member Butler offered some corrections and edits including
using a 2/3 majority for votes on rules changes.
Council Member Reid stated he favored a simple majority. He
suggested the Vice Mayor be Council Parliamentarian.
Mayor Umstattd stated she did not favor the Vice Mayor position being
the parliamentarian. She stated she felt this would take away the Mayor's
authority to run the meeting.
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Paqe 2
Council Member Martinez stated he agreed with the Mayor. He stated
he would like to see a three minute speaker time limit and a super majority
required to change the rules.
Mayor Umstattd stated she felt the Town opens itself to litigation from
unhappy applicants if they are not allowed to speak on sensitive issues.
Council Member Dunn stated he felt the Town would be better served
by having consistent rules for all speakers rather than allowing some
speakers extra time. He stated he felt consistency was more important than
flexibility. He suggested Council Members limit the time they spend making
their arguments.
Mayor Umstattd stated the Council tries to keep their comments under
control during debate; however, she feels concerned over jeopardizing first
amendment rights by imposing a limit on the amount of time or number of
times a Council Member can comment.
Ms. Irby stated the public wants to hear their Council's opinions
because theoretically Council Members have all the facts. She stated
audience participation should be allowed only during the petitioner's time.
She stated allowing speakers during work sessions could lead to applicant's
"stacking the deck". She noted the Council has been very good about
recognizing and dealing with that type of situation in the past.
Council Member Reid questioned the Council as to whether they would
like to see the Vice Mayor named the official parliamentarian of the Council.
He also asked that the Invocation be left in as part of the meeting.
Council Member Martinez stated he preferred no specific designation of
parliamentarian, the role would just be assumed by everyone.
Vice Mayor Hammier stated she feels the Mayor is in charge of the
meeting as the chair. She stated there will always be opportunitites for
everyone to make parliamentary points.
Council Member Reid stated he would like to see the Council adhere to
the time limitations set on each agenda item. He stated he was hoping
someone would be able to help the Mayor adhere to the time allotments.
There was discussion regarding motion amendments.
Ms. Irby was requested to make changes to the Rules of Procedure
and bring them back to the Council for further discussion and possible action
at Tuesday night's meeting.
c. Making Appointments to the Technology and Communication
Commission
Council Member Wright stated his resolution is a pOSSible option for
the transition from two commissions to one commission.
Mayor Umstattd stated Council Members Martinez, Reid and Wright
would have two representatives on the new commission, while Council
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Paqe 3
Members Butler and Dunn, Vice Mayor Hammier and herself would have only
one. She stated she did not oppose this as the continuity would be
worthwhile.
Council Member Dunn stated commissions should only have seven
members. He stated changing the number of members in this instance sets a
bad precedent.
Vice Mayor Hammier stated she would like to see the new commission
start out fresh. She stated she appreciated everyone's time and commitment
and added this is a great opportunity to get off to a fresh start.
Council Member Butler stated he liked Council Member Wright's
transition option because he did not like the idea of having someone sign up
for a Board or Commission and then say "we don't need you anymore". He
stated he was uncomfortable with that and would like to see them be able to
fulfill their terms.
Council Member Reid stated it would be his preference to reconstitute
the entire commission at seven members. He stated everyone would get a
fresh appointment for the balance of their terms.
d. Authorizing an Offer to Acquire an Easement for North King
Street CI P
Nagi Elsewaissi stated there is no authorization for condemnation in
this request. He stated this project is necessary to relieve flooding in the
backyards of several North Street residents.
Council Member Reid questioned why so little was included for the
replanting of the Japanese maple. He stated he did not expect the Japanese
maple to survive with the level of care this amount would provide.
Mr. Elsewaissi stated the amount for replanting and aftercare for the
Japanese maple was received in a consultation with an independent arborist.
e. Authorizing an Offer to Acquire an Easement for Country Club
Estates
Mr. Elsewaissi stated there is no authorization for condemnation in this
request. He stated the project is necessary to relieve flooding in the
backyards of several Country Club Estates residents.
f. Federal Aviation Administration (FAA) Other Transactional
Agreement (OTA)
Mr. Elsewaissi stated this is part of the Instrument Landing System.
He stated Congressman Wolf got funding for this project and the remaining
money is in the FAA's budget. He stated the FAA has asked the Town to take
over design and construction of the project. He stated if the Town does not
take over the design and construction, the funding will expire. He stated
$500,000 in funding has already expired due to FAA delays.
Council Member Reid stated it is his understanding the grants had to
be used within a certain period of time and if not used, expired. He stated
the FAA took too long to approve the environmental issues.
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Page 4
Mr. Elsewaissi stated no money would actually be spent. The project
will need to be bid first to see how much it will cost. Any request for funds
will be brought back to the Council.
Council Member Butler expressed concern if there isn't enough funding
for the entire project, trees may be removed and no further construction
occur because of lack of funds.
Mr. Elsewaissi reassured Council no actual construction including
grading will occur before Council has had an opportunity to see this project
again.
Mr. Wells stated the OTA would set in motion design work. He stated
it would expend some of the $450,000, but not start construction. He stated
the estimates from the bid process would determine what the funding
situation is. He stated staff would not take action to start construction on
their own.
Council Member Wright confirmed the design work is expected to cost
approximately $100,000. He stated he understands the FAA needs to
encumber the funds.
Vice Mayor Hammier stated she was shocked there is literally three
million dollars in Federal funding at risk. She asked that Council be notified
sooner, rather than later the next time this occurs.
Council Member Dunn expressed concern the Town may not be
reimbursed. He was concerned that VDOT guarantee the Town
reimbursement.
Mr. Wells stated the Town would expend the funds from operating cash
and follow FAA guidelines for reimbursement.
Mayor Umstattd stated she would like to send a letter to Congressman
Wolf indicating Federal delays have almost rendered his efforts useless. She
requested the letter go out after the agreement is signed so as to not
jeopardize the agreement.
g. Approving the Town of Leesburg Special Events Policy
Kathleen Leidich stated the fee structure was taken out of the Policy so
it would not need to be amended every time the fees are updated.
Council Member Wright noted that the Town Attorney had ruled that
fees could not be waived.
Mayor Umstattd expressed concern that 120 days was too long for
review.
Ms. Leidich explained the 120 days prior to the event only includes 45
working days review time for the staff, and allows the applicant more time to
advertise and promote after receiving staff approval.
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2. WORK SESSION ITEMS FOR DISCUSSION
a. Public Art Guidelines
This item was deferred.
b. Transition Membership - Technology and Communication
Commission
This item was discussed under 1c above.
c. Referral Discussion for Board of Supervisors Initiated Rezoning
of the Crosstrail Property
Scott Parker stated Loudoun County Board of Supervisors had directed
their staff to initiate a rezoning of the Crosstrail property from JLMA 20 to PD-
IP.
Ms. Irby recommended the Council move into Closed Session to hear a
legal opinion.
At 9 p.m., Mayor Umstattd made the following motion:
Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move
that the Leesburg Town Council convene in a closed meeting to receive
a legal briefing regarding Crosstrail.
The motion was seconded by Council Member Martinez and approved
by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
Mayor Umstattd made an additional motion:
Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move
that the Leesburg Town Council convene in a closed meeting to receive
legal updates.
The motion was seconded by Vice Mayor Hammier and approved by
the following vote:
Aye:
Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
None
7-0
Nay:
Vote:
Upon returning to open session at 10:22 p.m., Mayor Umstattd made
the following certification:
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
public business 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
Town Council Work Session of July 7. 2008
Page 6
closed meeting was convened were heard, discussed or considered in
the meeting by Council.
The motion to certify was seconded by Council Member Martinez and
approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
d. Annual Street Resurfacing
Tom Mason described the annual street resurfacing and the rating
system used to determine which streets will be included in this year's
resurfacing program. He stated this item will be brought back at the second
meeting in July for approval.
Council Member Reid questioned whether Sycolin Road is included as
part of the widening project.
Mr. Mason stated Sycolin Road would be resurfaced as part of the
Battlefield Parkway intersection project. He stated the resurfacing would go
just past Hope Parkway to the north and Tolbert Lane to the south.
Council Member Butler questioned the scores for certain streets.
Mr. Mason asked Mr. Butler to email the names of the streets so Public
Works would be able to provide scores for any streets in question.
Vice Mayor Hammier stated this is a good opportunity to give citizens
information on the street resurfacing schedule.
e. BAR Appeals and Time Limits
Brian Boucher stated he listened to the discussion from the tape of the
last meeting and made the appropriate changes to reflect that discussion. He
stated he removed references to the Town Plan. He stated he included a 75
day time limit as opposed to a 100 day time limit.
Council Member Reid stated he had concerns with restricting BAR
members from appealing decisions. He stated BAR members should stand
with the decision of the body and not be allowed to appeal. He stated the
filing fee could be a deterrent to frivolous appeals.
Mr. Boucher cautioned that the filing fee must be the same for
everyone.
Mayor Umstattd expressed concern the appeal filing fee might prove to
be a deterrent to citizens with low or fixed incomes.
Mr. Boucher stated Council may elect to have no filing fee at this time
and add one in the future if necessary.
Town Council Work Session of July 7. 2008
Page 7
Ms. Irby stated Council could impose fees at the end of the process as
it feels appropriate. She stated Council could be in the position to waive the
fee if the appellant prevails.
Mr. Boucher confirmed this is the fee process for the Board of Zoning
Appeals. He stated if the appellant prevails, the appellant's appeal fee is
waived.
Council Member Martinez noted there have only been five denied
applications in three years.
Council Member Wright noted after listening to the Planning
Commission debate on this issue, he feels it is premature to change the
appeals process at this time. He stated the changes in the H-2 process and
the rewrite of the Historic District Guidelines will take care of a lot of the
issues.
Council Member Reid stated 75 days is closer to Virginia Municipal
League guidelines. He stated having a deadline for action will address the
BAR's image issues.
Council Member Butler noted all the appeals have been on applications
that were approved. He stated he agreed with Council Member Wright and
would support deferring any changes to the appeals process until after the
guidelines are completed.
Council Member Dunn noted there have been perceived issues with the
BAR. He stated no other body within the Town has powers as broad as the
BAR. He stated even the Planning Commission has Council review. He
suggested removing the H-2 corridor designation since it will be replaced by
the form based code.
Council Member Reid stated he originally wanted an exemption to a
100 day time limit if the applicant willfully disobeys suggested changes by the
BAR/preservation planner, but would support removing that clause.
Council Member Martinez stated the Historic District groups have
expressed the BAR is doing a good job. He stated he would like to see less
intervention by the Council in this process.
Council Member Wright stated a 100 day time limit would force the
BAR to either approve or deny the applications.
Mayor Umstattd stated there are two important issues. She stated
one issue is permitting an appeal to Council and not restricting Council to
having to allege abuse of discretion. She stated the appeal is important
because the citizens expect Council to be the final decision makers in what
the Town looks like. She stated the other issue is the time limit. She stated
she would not want to encourage the BAR to delay decisions since the vast
majority of decisions are made at the first meeting.
Vice Mayor Hammier stated they would be better served by waiting for
the guidelines before making a decision on the appeals process.
Town Council Work Session of July 7.2008
Page 8
Mayor Umstattd asked for the item to be split into the two issues for
presentation at the Council meeting.
f. FOllOW-Up from Board of Supervisors Joint Meeting
John Wells stated County and Town staff will work together to develop
a comprehensive list of services and associated costs. He stated staff will
bring that back to Council prior to another joint meeting with the BOS in the
fall.
Mayor Umstattd noted a member of the Rescue Services stated most
of the money provided by the Board of Supervisors goes to paying for
professional staff rather than providing for the needs of the volunteers.
Council Member Wright stated the Town needs to document what
services it provides to County residents, i.e. parks and recreation.
Council Member Reid noted no members of the airplane pilots group at
the Airport are residents of the Town. He stated the County does not provide
any support to the Town with regards to the Airport. He stated staff will need
to provide a laundry list of what the Town subsidizes for County residents.
Vice Mayor Hammier requested the information be brought back
before Council prior to the next joint meeting to give Council time to structure
it. She noted she spoke to Supervisor Burk, who stated she felt it had been a
very productive meeting.
Council Member Martinez stated he hoped Council would not be
perceived as being adversarial. He stated the Town needs to find a balance
with the County on how to provide the quality of life that brought the citizens
to Leesburg.
Council Member Wright stated the Council is very conscious of
providing additional value to its citizens. He stated he felt the meeting with
the BOS was very productive. He requested an update on the status of Bolen
Park.
Vice Mayor Hammier stated they will need to look at what makes more
sense, expansion of Ida Lee or development of Bolen Park. She stated this
was one of the most effective joint meetings she has experienced with the
County.
Mayor Umstattd stated she agreed the tone of the meeting was very
positive.
Vice Mayor Hammier asked staff to set a date for a Council Retreat.
Council Member Dunn stated he, too, thought the meeting went well.
He stated as County residents, we should be looking at ways to use County
funds. He stated since we pay more, we should get more.
3. For information only July 21-22, 2008
There was no discussion on the following items:
Town Council Work Session of July 7.2008
Page 9
a. Initiation of Town Plan Amendment for Land Use.
b. Off-leash park hours.
Adjournment
On a motion by Council Member Martinez, seconded by Council Member
Wright, the meeting adjourned at 11: 15 p.m.
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