HomeMy Public PortalAbout2009_tcwsmin0921Council Work Session
September 21, 2009
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David S. Butler, Thomas Dunn, II, Katie Sheldon
Hammier, Kenneth °Ken" Reid, Kevin Wright and Mayor Kristen Umstattd
Council Members Absent: Marty Martinez
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy
Town Manager Kaj Dentler, Senior Planner Mark Browning, Director of Parks and
Recreation Rich Williams, Assistant Director of Recreation Kate Trask, and Clerk of
Council Lee Ann Green
AGENDA ITEMS
1. Work Session Items for Discussion:
a. County Wide Transportation Plan Referral
Mark Browning stated the referral letter had been created after review of the
Loudoun County Transportation Pian Update, which is now before the County
Planning Commission.
George Phillips, Loudoun County Transportation Planner, stated the Plan
would be handed off to the Board of Supervisors in mid-November. He noted
the Board has said they will start work on it after the budget discussions in the
spring.
Mr. Browning described the recommendations that will be forwarded to the
County including:
a. Plan agrade-separated intersection at North King Street (Business Route
15) and Route 15 Bypass.
b. Retain the existing four-lane configuration (six lanes are proposed) for the
Leesburg Bypass segment from the Route 7 (East Market Street)
interchange north to Battlefield Parkway. This proposed six-lane road
segment will connect to a segment of the Bypass that is to remain in a
two-lane configuration.
c. Retain the existing four-lane configuration (six lanes are proposed) for the
Leesburg Bypass segment from Battlefield Parkway north to Business
Route 15 (North King Street). This proposed six-lane road segment will
connect to a segment of the Bypass that is to remain in a two-lane
configuration.
d. Add a 'rail' component to Route 267 (Dulles Greenway) to reflect that
shown in the Town of Leesburg Town Plan.
e. Plan an ultimate configuration of a divided (draft plan indicates undivided)
Fort Evans Road from Route 773 (River Creek Parkway opposite Route
2401) west to Battlefield Parkway.
f. The draft plan indicates that Russell Branch will pass under Battlefield
Parkway. Please reflect that the ultimate interchange configuration at
Russell Branch Parkway and Battlefield Parkway is "to be determined" to
allow more flexibility during the design process.
Town Council Work Session of September 21 2009 Page 2
g. The draft plan indicates an urban single-point diamond interchange at
Battlefield parkway and Route 7. Please modify the plan to reflect simply a
diamond interchange.
h. The draft plan indicates an urban single-point diamond interchange at
Battlefield parkway and Route 15. Please modify the plan to reflect simply
a diamond interchange.
i. Please add the following, or similar, note to the Countywide
Transportation Plan: "For location of bicycle/pedestrian facilities within
Leesburg town limits, refer to the Leesburg Town Plan, as amended."
Mr. Browning noted that Council Member Reid has submitted a list of other
items he would like included on the referral but staff has not had the opportunity
to research those items.
Council Member Reid stated he feels this is very important for the Town. He
expressed concern the public input session scheduled for the Town issues was
held on the same night as the Business Appreciation Awards. He stated that
despite the fact that this is the County's plan, a lot of the issues deal with
Leesburg.
Council Member Butler suggested addition of a notation that this list is not in
any particular order. He questioned why the climbing lane on Route 7 west of
Town to Route 9 is not included.
Mr. Phillips noted the County's transportation plan includes an eight lane
Route 7 west to Route 9. He stated they are requesting funds from NVTA for
RSTP funds for the climbing lane project. He stated they are also asking the
State to include the funds from the Route 659 project, which lost its funding
earlier this year, be shifted to the climbing lane project. He stated the County
will ask for the remaining funds in the next year's funding cycle.
Council Member Wright discussed the need to separate the Sycolin Flyover
and the climbing lanes from the rest of the bypass widening at the State level.
He noted the design needs to be performed at one time, but the construction
could occur in phases. He discussed the list of unfeasible roads that need to be
deleted from the plan.
Tom Mason stated the list was sent to the state four to six weeks ago and
noted that comments should be received soon.
Mr. Wells stated it would be appropriate to add that list to the referral letter
to the County.
Council Member Dunn stated the climbing lane is important, but the Town
needs to see if there will be unintended consequences of this causing more
problems in downtown Leesburg.
Mr. Wells noted the Board will take comments in the spring as well.
Vice Mayor Hammier thanked Council Member Reid for his list. She stated
that she considers mass transit to be most important. She questioned whether
the County addresses this in the Plan as it is a very important benefit for
Town Council Work Session of September 21 2009 Page 3
citizens. She questioned whether pedestrian safety on the Route 7/15 bypass
near the outlet mall should be added.
Mayor Umstattd questioned whether the County Plan contains any elevated
pedestrian overpasses.
Mr. Phillips stated there are pedestrian crossings recommended in the Sterling
area, but he will double check as to whether that section of the bypass is
addressed with a specific recommendation,
Vice Mayor Hammier requested an analysis of what needs to be requested
from pending rezoning applications to assist in funding some of the priority
projects.
Council Member Reid questioned whether a river crossing east of Goose
Creek, as suggested in the Town Plan, was put in the letter.
Mr. Browning stated since this is recommended outside the JLMA, the Town
did not comment on it.
Ms. Berry Hill stated since the recommendation is for aVirginia/Maryland river
crossing east of Goose Creek, and would not negatively affect Route 15 or
Leesburg, the Town would not comment.
Mr. Phillips noted the previous planning commission had a number of lower
grade two-lane bridge crossings on the Plan, but the current planning
commission has removed those.
Council Member Reid suggested language adding a rail component along
Route 267 and an additional Potomac River crossing. He stated having
connections to the biotech community would be helpful for Leesburg. He stated
while Maryland may not agree, it shows Leesburg is looking out 20 years into
the future. He discussed public transit and bus routes and offered language to
ask the County to consider safety and transit capacity on Route 15 North. Most
Council Members concurred with this language.
Vice Mayor Hammier stated discussed the need for a toll between Maryland
and Virginia to avoid using local taxpayer funds to solve traffic problems caused
by Maryland commuters.
Council Member Reid concurred that a toll would be a great idea. He
suggested adding completion of Crosstrail Boulevard to Route 15.
Council Member Wright stated the Crosstrail issue was investigated very
thoroughly by the AADP committee with the problem being the Rokeby Hamlet is
in the way and there are conservation easements on either side, He stated they
ultimately found there is no way around because of the conservation easements.
Susan Berry Hill stated Council Member Reid may be looking at a more
southern alignment than the one that was looked at by the AADP committee,
She distributed a map showing a crossing at Sycolin Creek.
Town Council Work Session of September 21 2009 Page 4
Council Member Wright stated he had thought that all options had been
exhausted, but if another option is available, he would support investigating that
option.
Mayor Umstattd questioned whether the map being distributed is possible.
Mr. Wells stated staff can work with the County's mapping office and get the
conservation easement overlays.
Mr. Phillips stated in the 1995 Countywide Transportation Plan, this option
was shown, but it was removed in 2001.
Council Member Wright questioned whether there is a regional relief road
planned to terminate at Route 7.
Mr. Phillips stated there are a number of roads that are north/south
collectors, but no road such as the western transportation corridor.
Mayor Umstattd questioned whether transit service to the Marc train at Point
of Rocks is being addressed.
Mr. Phillips stated it refers to it going to Lucketts and references the need for
a fairly large park and ride lot, but does not go into Maryland. He stated a
transit demand model looked into this and there were a variety of
recommendations, but Lucketts is as far north as it went.
Vice Mayor Hammier stated the train is the way to go, but the ripple effect of
the excellent suggestion of bus service to Point of Rocks, is that a lot of people
would take the train to New York and Philadelphia, therefore, the park and ride
lot would be very important.
Council Member Reid stated he would love to see the Lucketts bypass
reinstated. He stated there have been a lot of complaints about this. He stated
a two lane bypass road for trucks, buses and HOV with that traffic banned
through Lucketts. He stated with the opening of Battlefield Parkway between
Edwards Ferry Road and Fort Evans will cause more Maryland commuters to use
Route 15 as a shortcut and the county needs to provide its residents with an a
safer option to get to Point of Rocks.
Mayor Umstattd stated it is a repeat of the debate of how to find a way
around Hillsboro. She stated this will be the same hotly contested debate and
her preference would be not to get into that battle, but she would still like to
find a way to get to Point of Rocks.
Mr. Wells stated the process for banning trucks gets into interstate commerce
issues and there is a process that is necessary to provide alternate routes.
Council Member Dunn questioned when the Route 659 (Belmont Ridge Road)
interchange will be built. He questioned whether this could be added to the
Town's concerns.
Town Council Work Session of September 21 2009 Page 5
Mr. Phillips stated there is some preliminary engineering money, but the state
does not have the construction money. He stated the money to widen Belmont
Ridge south to the Greenway evaporated last year.
Mayor Umstattd questioned the legal feasibility of a toll plaza coming from
Maryland.
Ms. Irby stated there are interstate commerce laws which she would need to
look more closely at, but she would think there is a prohibition against charging
tolls to someone just because they came from another state.
Vice Mayor Hammier suggested adding Point of Rocks to #5.
Mayor Umstattd stated if it is impossible to build Crosstrail Boulevard because
of the conservation easements, it is necessary to build it from Kincaid?
Mr. Phillips stated it is planned to build it through to Evergreen Mill Road and
it will replace Shreve Mill across the Greenway.
Mr. Wells stated he would bring a revised letter back to Council that includes
all the points that were made.
Council Member Reid questioned whether Trailview is redundant with Russell
Branch.
b. Rules of Order
Ms. Irby stated Statements of Interest need to be kept five years, rather than
the three listed in the Code of Ethics as per the State Code.
Council Member Dunn stated he would have liked to see exactly what is being
added or taken from the old rules. He stated it is hard for him to tell.
Council Member Wright clarified the ethics policy has been blended with the
rules of order and the draft resolution that has been provided consolidates the
several resolutions on the subject that had been previously passed.
Mayor Umstattd reviewed the draft ethics policy resolution.
Council Member Dunn pointed out that well intentioned letters have been sent
out on behalf of Council without consensus of all of Council having been
gathered.
Vice Mayor Hammier gave the example of representing Council at Virginia
Municipal League functions, which would be an appropriate instance to write a
letter on behalf of all of Council without a prior gathering of consensus. She
stated if it is a ceremonial duty such as extending condolences, she would feel
very comfortable abiding by the judgment of a single Council member.
There was discussion regarding use of official capacity and official stationery.
Mayor Umstattd stated the reason she does not use official town stationery
when she takes letters from door to door, is she does not have permission to
use official stationery, but she does give all of Council credit for the condolences.
Town Council Work Session of September 21 2009 Paae 6
She stated she does not use Town resources for things the Council has not
directed her to.
Council Member Reid stated he would prefer the letters go out on Town
stationery.
Council Member Wright stated in his mind, this is a ceremonial duty, but we
need to be mindful of blending it with a statement that might be perceived as an
opinion.
Council Member Butler stated he does not have a problem with using Town
stationery for this type of ceremonial duty. He stated he likes the detail on
closed sessions.
There was discussion regarding closed sessions and reasons to hold them.
Ms. Irby requested a clarification regarding the use of Town property such as
Ida Lee. She stated the rules now make it sound like Council Members may not
use Ida Lee for any reason, but they can use it as employees of the Town and
citizens of the Town, She stated she will draft some language to make this
clear.
Council Member Dunn stated the method of making motions is very casual for
the amount of latitude the motion maker and seconder have with the first and
last word. He stated the Chair should recognize the speaker before they make a
motion.
Council Member Reid stated there should be an effort to give the person who
initiated the action the right to make the motion or second the motion. He
added that there is no friendly amendment under Roberts Rules of Order.
There was discussion on how to identify the person who initiated an action,
particularly when the subject has had a Tong history and recognizing a motion
maker.
Mr. Wells stated the order of business for regular Council meetings will be
amended to show invocations first. He noted the rules can be cleaned up to
reflect what Council is doing now.
Council concurred and discussed the six topics that had been gathered from
Council comments.
Mr. Wells stated he uses his judgment to determine which items need to be
agenda items and which items are information requests. He stated Council can
discuss any topic.
Council Member Reid stated he has a serious problem with the way items are
being put on the agenda at this time. He stated he liked the way it was done
before. He stated he does not like the situation where Council Members need to
wait two weeks to get something on the agenda for discussion. He stated he
would rather see a situation where a Council Member can send an email out to
Council requesting a topic be discussed.
Town Council Work Session of September 21 2009 Paae 7
Mr. Wells stated from the perspective of sending an email and having a
determination as to whether an item gets onto the agenda, he would have FOIA
concerns. He stated Strategic Pian table gives the Council an outline of what is
upcoming on their agenda schedule through the first meeting in January. He
stated this shows the planned items, but the challenge is how to bring the
unique opportunities to everyone's attention.
Council Member Butler stated an item could be brought up during the work
session and get a consensus of Council as to whether it could be heard the next
night. He noted this would only be used in emergency circumstances. Further,
he stated he wished the gun ordinance was on the work session to give Council
an opportunity to learn more about this proposed ordinance change.
Council Member Dunn stated he does not think Council Member Reid was
trying to stifle staff's additions to the agenda, but how can Council get things
added to the agenda. He suggested using Robert's Rules with any subject
getting a second, being addressed. He stated it is constraining to wait for two
weeks to discuss a subject. He stated it could take from three to six weeks to
be addressed and would prefer a more casual method of getting items
addressed, He stated the Council does not use Old Business properly. He
questioned when is new business New Business? He suggested being able to
bring items for future meetings at regular sessions.
Council Member Wright stated there are some items that are easy and can be
a simple memo, but some items use significant staff resources. He stated the
Council is good at adding items, but Council needs to be mindful of things that
cause changes in staff resources.
Vice Mayor Hammier stated she has analyzed why meetings sometimes are
very long. She stated because the Mayor wants to have all discourse in public,
everything has to happen on the dais. She stated a lot of other bodies in the
state have pretty much decided everything before they come to the meeting.
She stated another thing would be to use your commissioners to get the
community involved in an issue. She stated Council Members can't get involved
in everything and or else they don't have time to do anything but constantly
react.
Council Member Dunn chided the other bodies in the state that have decided
things before coming to the meeting. He stated he cannot support Council
Member Butler's suggested need to have three or more Council Members
interested in a subject before it can be addressed. He stated you cannot limit
any Council Members because each member is the voice of the people of
Leesburg.
Council Member Butler stated this was intended to address people bringing up
things on work session. He stated it is not clear where all the things slated for
work session discussion came from or even if there is a desire on the part of
Council to discuss these items. He stated using time at work sessions as a soap
box uses time for personal agendas that could be used more productively.
Council Member Wright stated he has no problem with having an opening
discussion on a subject, but when it comes to burning staff time he would prefer
that a topic get support of more than one Council Member.
Town Council Work Session of September 21 2009 Page 8
Council Member Reid expressed a desire to get information about what other
communities do. He stated he did an informal poll of several other jurisdictions
and none of them have this requirement. He stated they talk to the Mayor and
if the Mayor does not want to bring up the subject, then if someone brings it up
and someone seconds it, it goes on the agenda.
Council Member Wright stated he believes the language that Council has is
adequate and he wants to find a way to keep from using large amounts of staff
resources on things that the majority of Council does not feel need to be
pursued.
Council Member Dunn stated those who are most concerned about staff time
are those who use the most staff time. He stated he uses very little staff time.
He stated this is an excuse to stifle opposition. He stated Council is
hamstringing itself with rules to prevent opposition views.
Council Member Butler stated there is nothing to prevent a Council Member
from bringing up a topic at every single meeting and having it put on work
sessions. He stated you can ask for the same thing 15 times. He stated he has
four items that he feels should only be put on the agenda if three Council
Members feel they are worth talking about.
Council Member Reid stated he feels Council can work through this and figure
out how to put items on agendas without squelching opposition views. He
requested the following items on future agendas: Sycolin Road earmarks,
Holiday parking, Lawson Road pedestrian bridge, erosion of Tuscarora Creek bed
near the Lawson Road crossing, and an update on the outdoor pool.
Vice Mayor Hammier suggested the Parks and Recreation Commission could
discuss needs for the outdoor pool for next season.
Council Member Reid also suggested changes to the H-2 sign ordinance and a
discussion of the Land Development Process Improvements Survey.
Council directed Mr. Wells return with the rules as they are now being
interpreted.
Council Member Dunn questioned what is the Town Manager's direction to
staff in relation to Council Member requests for staff time.
Mr. Wells stated if it is an information request similar to what would be
received from the public, staff can answer it, but if it results in significant
research, some direction would be needed. He stated requiring all requests for
information to come through the manager does not serve the Council well.
Further, he stated he does not need to become the information bottleneck for
the Town Council. He stated he would like to be copied on or be made aware of
requests for information.
Council Member Dunn stated more staff time is being taken through casual
means like emails and phone calls than from the dais.
Town Council Work Session of September 21, 2009 Page 9
Council agreed the Chair is the parliamentarian and the open dialog work
sessions are more productive than a formal meeting.
Mr. Wells stated he would bring a clean up of the ethics policy and some
changes to the rules of order at the meeting in October.
c. 2010 Legislative Agenda
Kaj Dentler stated on the first item, the Sycolin Road Flyover and bypass
widening, the projects have been separated out, as requested at the last Council
work session. He stated the second item is keeping Battlefield Parkway as the
second item and the Police 599 funding as the third item. He stated if this has
Council approval, staff will proceed.
Council Member Wright noted the highly touted State changes to the tree
ordinance make no difference. He stated if Council cannot successfully address
safety of the preschool facility with respect to weapons, the State legislature
may want to address this subject.
Vice Mayor Hammier stated she strongly feels that Battlefield Parkway should
be #1 as the Town has taxpayer money in the CIP for this.
Mayor Umstattd stated in the past, after completion of the section of
Battlefield Parkway from Kincaid to Route 7 was completed, the agreement was
that the Sycolin Road Flyover would jump to #1. She stated it is her feeling that
the Sycolin Flyover and the Route 7 West climbing lane would do more to help
with traffic than the remaining sections of Battlefield, but she could go either
way.
Mr, Dentler suggested taking off the numbering and just bulleting each point.
d. Alcohol Policy
Rich Williams stated this item is a discussion of alcohol use at certain Town
facilities and Town sponsored events. He stated the Parks and Recreation
Advisory Commission approved the staff recommendation and Council made
recommendations. He stated the time frame that alcohol could be served was
moved back to allow for the consumption of alcohol during dinner related
rentals. He stated staff has incorporated the recommendations from the Town's
insurance provider into the standard operating procedures. He stated anyone
who serves alcohol at an event would have to be in strict compliance with
Virginia ABC laws and list the Town of Leesburg as additionally insured under
their liability insurance policy. He assured Council that no Town staff will serve
alcohol. He discussed the security evaluation and stated the cost of any officers
needed would be at the renter's expense. Further, he stated this policy will only
apply to staffed facilities and not unstaffed parks. He reviewed what other
jurisdictions are doing.
Council Member Wright stated the policy is well drafted and addresses the
issues. He questioned whether the revenue is worth the time, effort and energy.
Council Member Dunn questioned who would be liable for someone leaving
over the legal limit.
Ms. Irby stated it would be the holder of the ABC license and the host of the
event and the Town would be additionally insured for liability.
Town Council Work Session of September 21, 2009 Paae 10
Council Member Dunn stated any activity that requires police presence is one
that requires greater control. He stated business cannot compete with
government and there are a lot of businesses in Town that are right on the
edge. He stated the income that might be gained from this would not, in any
way, outweigh the problems that could occur or a possible tragedy that might
occur from someone leaving an event where alcohol is served. He stated he
cannot support this.
Mayor Umstattd stated she has an open mind on this, but there are a lot of
challenges associated with this. She stated she would like to see what Council
Members Martinez and Reid have to say on this subject.
Vice Mayor Hammier stated she continues to support this issue. She stated.
there have been some good examples raised about fundraisers for non-profits
and the county has spent a good deal of money on marketing Loudoun as a wine
producer. She stated there is a good deal of emphasis that needs to be placed
on drinking responsibly. She questioned whether alcohol available under social
situations, such as the tennis mixers, would be covered under the policy.
Mr. Williams stated those would have to be handled as a private rental
because staff could not be specifically involved in providing or serving the
alcohol.
Council Member Butler stated there is always some level of alcohol available
at fundraisers. He stated the facilities at Ida Lee do not compete with hotel
ballrooms and those that chose Ida Lee do so specifically because of price
points. He stated even "alcohol free" weddings have guests drinking before they
arrive or drinking in their cars in the parking lot. He stated it is not an
uncommon behavior at alcohol free weddings so it might be better to have the
drinking above board. He stated he is in favor of this and it is not unreasonable
in Tight of the County's action.
Mr. Wells stated this is listed for public hearing at the first meeting in
November assuming Council would like to move forward.
Mayor Umstattd stated she would be happy to receive public input on this
subject.
Council Member Wright stated he would be interested to understand whether
the Economic Development Commission views this as a deficit or a positive with
regards to competition to the business community.
Mr. Wells stated this could be addressed by the EDC and recommendations
brought back at the public hearing in November.
Vice Mayor Hammier added the Public Art Commission might also have input.
2. Additions to Future Council Meetings
Council Member Butler asked for more information on the community speed
watch to help alleviate concerns on how this program works. He stated he had some
citizen comments that the speed limit on the new section of Battlefield Parkway is
too low. He requested that staff look at the speed limit on all four lane road sections
Town Council Work Session of September 21 2009 Page li
in Town. He requested a discussion of the eight acre Potomac Crossing Park and
added that the Tree Commission would like to eliminate the park and leave it as
woodland. It was noted that this is already scheduled on the agenda for October 26.
Council Member Butler requested given the Sycolin Road Phase III widening
will not occur anytime soon, that consideration be given for a light at Hope Parkway
and Sycolin Road. He noted the Stratford community is concerned about the access
off Sycolin Road. He questioned whether it would save money moving the Town
elections to November and increase turn out.
Council Member Wright stated the move to November would not reduce costs
because two ballots would still need to be printed because one is a Federal election
and one is a local election. He stated there may be a greater turn out, but some
people will still only vote on one ballot.
Council Member Dunn stated the H-2 needs to be on a work session. He also
requested information on whether county funds are committed to the SRO for
Tuscarora High School.
Mr. Wells stated the county is in the process of reviewing all their grants and
the SROs are considered a grant by the county.
Vice Mayor Hammler requested a report on the gang related arrest on Plaza
Street near Leesburg Elementary.
Mayor Umstattd stated she would like to have sandwich board signs for
businesses in the H-2 district discussed.
Council Member Wright noted the Form Based Code may deal with that issue
and will be reviewed by the Council in the next few months.
Council Member Butler questioned whether a change in the sign ordinance
can be initiated.
Mr. Wells stated a discussion on sandwich boards and administrative review
can be added to the agenda for first October work session. He suggested that staff
can slow down on sign enforcement until it can be determined what Council wants
the sign ordinance to look like.
Mr. Wells noted the Banyan Cove public hearings will be delayed because of
applicant health reasons.
3. Closed Session
Mayor Umstattd made the following motion:
Pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting to hear and discuss legal
matters pertaining to Utility Rates and a lease for Leesburg Airport
The motion was seconded by Council Member Wright and approved by the
following vote;
Aye: Butler, Dunn, Hammler, Wright and Mayor Umstattd
Nay: None
Town. Counci( Work Session of Sr*ptember 21; 2t}Q9 page 12
Vote: 5-a-2 (N7attihezJReid absent}
Mayor Umstattd made the following motion:
In accordance with Section'2.2-37?2 of the Code of Virginia, i move that
Council certify that to the best of each member's knowledge, only public liusines
matters lawfully exerriiated from open meeting requirements under the Virg[nia
Freedom of Information Act and such :public business matters as were identified
in the motion by which the closed meeting was convened were heard, discussed
or considered in the meeting by Couricit.
The motoh teas seconded by Couhcil Member tNright and approved by the
foiiowin~ vote:
Aye: Butler, Hammier, tNright and Mayor Umstattd
Nay: None
yoke: 5-Q-2 (Martinez(Reid absent}
4. Aaijnurnment
On a motion by .Council Member.... ,seconded by Council. Ntember
the. meeting was adjourned at 11:07 p.m.
~,
Clerk of Council
2009 tcwsmin0921