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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. Town Council Work Session of Julv 7. 2008 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 Town Council Work Session of July 7.2008 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. Town Council Work Session of July 7. 2008 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. Town Council Work Session of July 7.2008 Paqe 5 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. 2008_tcwsmin0707