Loading...
HomeMy Public PortalAbout2009_tcwsmin1026Council Work Session October 26, 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, Marty Martinez, Kenneth °Ken" Reid, Kevin Wright and Mayor Kristen Umstattd Council Members Absent: Council Member Dunn arrived at 9:03 p.m. Staff Present: Town Manager John Welis, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Finance Norm Butts, Chief of Police Joe Price, Director of Planning and Zoning Susan Berry-Hill, Director of Parks and Recreation Rich Williams, Director of Public Works Tom Mason, Deputy Director of Planning and Zoning Brian Boucher, Zoning Administrator Chris Murphy, Deputy Zoning Administrator Wade Burkholder, Assistant Director of Parks Bill Ference, Assistant to the Town Manager Kathy Leidich, and Management Specialist Debi Parry 1. Work Session Items for Discussion: a. Zoning Ordinance Signs/H-2 Sign Issues Chris Murphy stated wall mounted signs and monument signs in the H-2 District can be approved administratively by the Preservation Planner; however, most often the signs do not meet the requirements for administrative approval. He stated local hotels have requested off site signs to help direct visitors to their facilities; however, these signs are currently prohibited in the Zoning Ordinance, He stated staff has begun looking into this and there are complicated issues such as location, how the signs would be permitted, how many signs, what types of signs and qualifications for permitting. He stated a program in Leesburg would likely have criteria similar to the VDOT Logos program. He stated staff surveyed SO local communities and the City of Manassas was the only one who permitted off-site signs. Further, he stated there are also legal concerns regarding equal protection as other businesses in Town have also requested off premises signage. He outlined the options on how to proceed; including processing changes to the a-frame sign and off premises regulations separately or along with a comprehensive review of the sign ordinance. He stated staff will brief Council on November 23 regarding what the comprehensive review will entail. Council Member Reid stated he would like to move forward with the a-frame sign changes. He stated he was outraged by a certified letter sent by the Town to several business owners regarding their signage. He stated the Town's sign regulations need an overhaul, He stated there is nothing wrong with directional signage for hotels as the Town could simply Install a metal pole with metal logo signs provided by the hotels. Further, he stated Council needs to move forward with amendments to get sign H-2 Corridor approval away from the Board of Architectural Review (BAR). Council Member Reid expressed concern with the staff time used to go after business owners' signs. He stated Economic Development Commission (EDC) Town Council Work Session of October 26 2009 Paae 2 Vice Chair Scott Gustavson brought an issue forward regarding the harassment of individuals at Village at Leesburg who are leasing temporary signs that have been up too long. He stated there are several people with °For Rent" signs on other properties who have not received citations. Further, he stated he would like to see a comprehensive sign ordinance review; however, he does not want to delay action on the a-frame signs, the H-2 transfer or the directional signs. Mr. Murphy stated the zoning officials are not harassing; rather they are enforcing the Town's regulations. Council Member Reld clarified his remark stating staff has no discretion and have to pursue violations; however, he stated there are better uses for our resources than this. Council Member Butler asked if there are off-site signs currently along the Bypass. Mr. Murphy stated those are VDOT's blue directional signage. He stated there is nothing in the Town's ordinance to allow off-site signage. Council Member Butler stated he has no concerns with the VDOT signage and finds it to be very helpful. He stated the implementation of the off-site signs could be tricky so as to avoid sign clutter. He stated this Is a lower priority than the a-frame signs. He stated there are a number of issues we have around signs and we should review the entire ordinance. Council Member Wright supported moving forward with the a-frame sign Issue and completing a comprehensive review of the current sign ordinance. He stated he would support a generic lodging sign and expressed the need to avoid sign clutter. Vice Mayor Hammier concurred with Council Member Reid's comments regarding the letter stating the wording could have been softer. She suggested that sign disputes could go before a body including a member of the Economic Development Commission. She expressed the need to strike a balance with off- site signage so as to avoid sign clutter. She reminded Council of the pictures shown by previous guest speaker Ed McMahon, of the Urban Land Institute, during his presentation stating sign clutter can be detrimental to a community. Council Member Martinez stated we need to look at the sign issue in detail. Mayor Umstattd expressed support for moving forward with the a-frame sign amendments. She concurred with Council Member Wright's comments regarding off-site signs. Further, she stated it would be nice to have directional signage and it would probably be most critical to have the off-site signs along the Route 7/15 Bypass. Council Member Reid stated Council Member Dunn is expected to arrive between 8:30 and 9:00 p.m. He stated the hotel signs could simply be located on Fort Evans Road and Market Street or Market Street and Prosperity, Mayor Umstattd stated those locations would be fine; however, it seems the signs are important to have along the Route 7/15 Bypass. Town Council Work Session of October 26, 2009 Page 3 Council Member Reid stated if there is a concern about clutter the signs could be limited to one or two per establishment and co-located the same poles. He asked if Council would be initiating a rewrite of the Zoning Ordinance. Council Member Wright stated that is part of the ongoing discussion Council will have over the next several weeks. )ohn Wells stated staff will continue processing the a-frame sign amendments and provide an update at the November 23 meeting regarding a comprehensive sign review. Council Member Reid asked about moving forward with the H-2 District discussion. Brian Boucher stated the H-2 District would be discussed as part of the comprehensive sign review. Regarding Council Member Reid's comments, he stated a certified letter is not the first correspondence sent by zoning staff to a business owner. He stated staff begins by calling the business and sending a gentler letter first, He stated the strongly worded certified letter is only sent after staff is continually ignored by a business. Council Member Reid stated if we process the a-frame amendment then the businesses will not be in violation. He stated the EDC passed a resolution supporting a comprehensive sign review. Mayor Umstattd asked if the EDC provided any guidelines regarding specific desires. Council Member Reid stated they simply requested a comprehensive sign review. He stated he does not believe the a-frame discussion was presented to the commission. b. FY2011 Budget Update Mr. Wells stated the information provided is very preliminary and updates will be provided to Council between now and the time the budget is presented in February. He stated staff intends to either keep the tax bills the same or reduce them in the proposed budget. He stated based on this rough data the equalized rate would be 20 cents so maintaining the current rate would provide a small decrease in the tax bill. He stated a slow recovery from the current economic recession is occurring stating (1) foreclosures have decreased from their previous record levels, (2) fewer foreclosure properties are being taken over by banks, (3) overall retail sale totals have shown some upturn, (4) residential property sales have generally been equal to their current assessed value, (S) meals tax revenues have been trending positive and (6) new construction is occurring with new developments opening soon. He stated some less positive news includes; (1) transient occupancy tax revenues have trended lower, (2) retail and (3) commercial assessments are likely, on average, to decline and due to the state budgetary situation revenue projections from state sources are tentative. He stated given the preliminary figures revenue estimates for FY 11 are roughly equivalent or slightly higher than estimated for the current year and expenditures are projected to be flat or increase by one percent. Further, he stated cost estimates provide for no compensation Increases at this time. Town Council Work Session of October 26, 2009 Page 4 Council Member Butler stated a slightly reduced average residential tax bill is critical. He stated he would like to see some compensation increase for staff since they have gone a year with no increase. He stated if we continue that way we will save money; however, some of the best people could leave which would not be in the Town's best interest. Mr. Wells stated the estimates he is using do not currently include increased compensation; however, that is one of the last budget decisions he makes. Council Member Wright stated he is glad that the budget process has become a year-round exercise and is looking forward to further updates. Vice Mayor Hammler stated she appreciated setting aside one full day for budget discussions as was done this spring rather than a series of night meetings. She stated she spoke with a staff member who had recently come to the Town from another jurisdiction and one of the reasons why he left the former municipality was feeling the instability about cutbacks and staff reductions. She stated Council made a conscious effort not to go down that path. She stated if and when appropriate she would like an update on staff's efforts in ensuring that some of these larger development projects are coming online. Further, she asked how retail sales taxes are allocated. Mr. Wells stated the sales taxes collected in the County are distributed between the County and the Towns based on the population of school aged children. Vice Mayor Hammler stated she would appreciate staff concentrating on calculating the number of high wage jobs created in Town, Mayor Umstattd stated it seems out of $40 million assessed value in new commercial development the Town receives approximately $80,000 in real estate tax revenue. She stated it is her hope that we can maintain stability for Town staff. Council Member Reid stated there is also BPOL revenue, jobs and potential for restaurant revenue. c. Gang Assessment Chief Price provided an overview of the Northern Virginia Comprehensive Gang Assessment for 2003-2008 prepared by the Northern Virginia Regional Commission. He outlined the members of the Northern Virginia Gang Task Force and its structure. He stated findings of the assessment indicate that crime rates in Northern Virginia fall substantially below national averages and dramatically below levels found in US metro areas known for gang presence, He outlined the reasons for the success in our region and the gang strategy in Northern Virginia. He stated in Leesburg the non-graffiti gang crime mirrors the rest of the region in its decline between 2004 and 2008. He stated graffiti across the region accounts for 50 percent of gang crime across the region and the increase in graffiti can be attributed as much to community knowledge and report as to actual occurrences. He stated gang crime accounts for a small amount of the Town's Group A crime or about two percent in 2008. He stated in 2008 105 offences were filed against gang members and outlined the number per gang. He outlined prevention steps in Leesburg including working with Loudoun County Town Council Work Session of October 26, 2009 Page 5 public schools, membership with Loudoun GRIT, enhanced school resource officer (SRO) training, numerous community presentations, the ROCK program and Internet safety class for parents. Further, he stated while this is a positive assessment, gangs still present a very real threat to the public safety in Northern Virginia. Council Member Dunn stated with a lot of gang activity being gang-on-gang it seems that a lot of the activity would not be reported. Chief Price stated most of the violence is gang-on-gang but the crimes are generated against a broad spectrum of population. Council Member Dunn asked what the average citizens can do to help fight gangs. Chief Price stated If they believe there might be gang activity it should be reported right away. Further, he stated the best way to ensure the proper behavior of a young person is the close proximity of an adult. Council Member Dunn asked if the gang population in Leesburg consists of people who become gang members while living here or are they already members before they move here. Chief Price stated there is a combination of both. He stated in some cases regionally gang membership becomes a part of life as family members may be involved in gangs. Council Member Reid stated he attended the press conference today stating it was an amazing show by law enforcement officers from all over Northern Virginia. He stated there was information provided that the gang activity is trending downward and that gangs are moving to Maryland and Washington, DC because of the enforcement here. He stated Congressman Frank Wolf stated the task force chaired by Chief Price could be a model for the country. He stated there was a question by one of the reporters about individuals who are in the country illegally and the report states that 40 percent of the task force's arrests involve immigration violations. He stated it appears like there is an issue of individuals coming into the country illegally to engage in gang activities. Chief Price stated one of the tactics used is when there is gang involvement or violations there is a no tolerance approach and if an ICE violation is the best way to deal with an issue then that is what will be pursued. Council Member Reid asked how many of the people are deported region wide. Chief Price stated he would try to find that information; however, depending on the type of violation they could go through an administrative or criminal status. Council Member Butler stated he is surprised in a positive way by the numbers presented. He stated the problem will never go away; however, it seems that it is less than appears. Town Council Work Session of October 26, 2009 Page 6 Vice Mayor Hammier stated it is reassuring to know that the trend is going down; however, there was a gang arrest at Leesburg Elementary School and that is concerning for residents who have children attending that school. Chief Price stated most of the participants in that incident were juvenile. He stated it was a fight that occurred during the summer and Leesburg Elementary School was a convenient location. He stated during the course of the investigation our officers found evidence to charge certain individuals with gang related offenses. Vice Mayor Hammier asked if the police department is able to list and report where gang members live similar to reporting methods for sex offenders. Chief Price stated that information is not available for public disclosure. He stated Federal regulations preclude what can be released or maintained in databases. Vice Mayor Hammier stated based on the assessment that gang activity is such a small percentage of our crime and asked if we have compared crime statistics related to the demographics in certain areas of Town to similar demographic areas in eastern Loudoun. Chief Price stated he looks at activity in various jurisdictions; however, he cautioned against comparing neighborhoods in different jurisdictions stating there are other items in play besides economic factors, Council Member Reld stated the regional cooperation is what is important here. He stated he sat next to the Purcellville Chief of Police at the briefing today and to have such a small town represented on the task force says a lot. He stated if gangs think they can come to Purcellville they are wrong because the Town is intertwined in this group. Further, he stated he hopes the Federal Government is prosecuting these people and moving them out of the country. Council Member Martinez left the meeting at 9:58 p.m. d. Greenway Field/SWM -Practice Field use Rich Williams stated the Western Loudoun Lacrosse (WLL) League approached the Town with a request for two teams to use an existing storm water management area adjacent to Greenway Drive. He stated the practices would be held between 5:30 p.m. and 7:00 p.m. on weekdays between March and June and occasional scrimmages would be held on Saturdays between 10:00 a.m. and 12:00 p.m. He stated the WLL currently holds practices at Franklin Park in Purcellville and consists of approximately 548 participants, of which 109 are Town residents. He stated the two teams identified consist of 42 players, of which 15 are Town residents. He outlined the proposed site stating it was proffered in 1990 for a fire, police, or public recreational use permissible under Town PRN zoning classification. He stated the final development plan in 1996 changed the proposed use to a storm water management area with drawings showing a future soccer field overlaid on the site, He stated with no resources available the °Adopt-a-Spot" program was pursued. He stated feedback was solicited from the residents and today all individual and HOA feedback has been negative. He stated staff evaluated the current park inventory and provided an alternative practice location at Brandon Park, but that did not meet all of the Town Council Work Session of October 26 2009 Paae 7 league's needs. Further, he stated the Parks and Recreation Commission voted in support of WLL's request and asked that this item be moved forward to Council for consideration. Council Member Reid stated his appointee to the Parks and Recreation, Laurie Burke, was not able to attend the meeting where this was discussed and has indicated to him that she would not have voted in favor of this proposal and then it would have failed for lack of a majority. He stated the report indicates that 22 feet would be allocated for each parking space along Greenway Drive and asked if that is the legal requirement. Mr. Williams stated the parking calculations were prepared by the Department of Public Works. He stated the WLL indicated that parking for up to 15 vehicles would be needed; however, more parking will be needed during scrimmages. Council Member Reid verified the Public Works staff is not proposing to paint hash marks on the street for parking, He asked the cost of creating a lacrosse field on this site. Mr. Williams stated if this request moves forward there will be no cost to the Parks and Recreation department. He stated if Greenway Drive was to be restriped and signs installed the estimated cost would be $1,500. Council Member Reid stated construction is going to begin on Potomac Crossing Park and the multiuse field in early 2010 and asked when it would be completed. Bill Ference stated the park should be completed in Spring 2011. Council Member Butler asked what type of beautification the WLL would do on site. Mr. Williams stated currently the site is mowed by the Greenway Farm HOA; however, staff anticipates the mowing will revert back to the Town. He stated any other additional mowing that would be needed to make it a playable site would be taken on by the WLL. Further, he stated the comments received from the Greenway Farm and Linden Hill residents indicate that they would rather this field return to a more natural state rather than a tightly mowed area. Council Member Butler asked if there is any environmental Impact stating as far as he knows the Environmental Advisory Commission (EAC) has not weighed in. Mr. Williams stated engineering staff have looked at the site and feel that as long as turf growth is maintained the site will effectively operate as a stormwater management area. Council Member Butler asked if the EAC has looked at the site for their replanting efforts. Mr. Williams stated that request has not come forward. Town Council Work Session of October 26 2009 Paae 8 Council Member Wright verified the proffers identify this site as a stormwater management area with an overlay for a potential soccer field. He asked what resources are being provided to the league by Loudoun County. Mr, Williams stated Tuscarora High School is coming on-line which has a number of fields. He stated he believes the County has started seeding Bolen Park and that it will be available this spring. Vice Mayor Hammier thanked the Parks and Recreation staff, commission and the neighbors for their efforts. She stated she mentioned the Tuscarora High School option to Mr. Williams. She stated both Parks and Recreation Commissioners Russ Shaw and Jan Joseph live near the site and are supportive of WLL's request. She asked if staff had looked into the possibility of using the Paxton property. Mr. Williams stated he met with the leaders of the Aurora School and asked if they would be willing to have recreation uses on a portion of their field. He stated they replied that the trust did not want to use the field for that purpose as they do not yet know what their future plans are for the property. Vice Mayor Hammier asked about the possibility of using a field at the future Potomac Crossing Park. Mr. Williams stated the park will not be available for another 18 months. Council Member Martinez asked if the Town has made any improvements to this property. Tom Mason stated grading work was done when the pond was excavated to provide a flat space should the area be used for an athletic field. He stated the pond is a regional stormwater pond for Woodlea Manor and Greenway Farms and is part of the Town's Stormwater Master Plan. Further, he stated this property has not yet been used for any sports activities. Council Member Martinez expressed concern regarding the frequency of reseeding, the possibility of increased use of the field, location of port-a-potties and the environmental impact if they are turned over. Further, he asked if the Environmental Advisory Commission looked at the impact of scrimmages on the field and parking. Mr. Williams stated if this moves forward a memorandum of understanding would be executed to address these concerns. Council Member Martinez asked how enforceable the memorandum would be, Mr. Williams stated should the terms be violated the league's use of the site would be pulled. Council Member Dunn stated this will not just be a casual use field and expressed concern regarding the potential cost to the Town. He suggested utilizing the facilities at schools in the Town. Council Member Wright left the meeting at 9:07 p.m. Town Council Work Session of October 26, 2009 Page 9 Mr. Williams stated the school sites are governed by Loudoun County and he believes the WLL has looked into that possibility, Council Member Dunn suggested also looking at church properties. He suggested the possibility of utilizing Potomac Crossing Park once it is completed. Further, he asked if Ida Lee could be used by the league. Council Member Martinez suggested the possibility of utilizing Robinson Park. Mr. Williams stated Robinson Park is currently used by the Babe Ruth League in the spring and fall. Mayor Umstattd stated she would not favor entering into an agreement with the WLL given the almost unanimous opposition to this proposal. It was the consensus of Council to vote on this proposal tomorrow night. Council Member Reid stated there is a large field where the future Battlefield Parkway is supposed to go in Potomac Crossing and asked if that is a potential site for use. Mr. Williams stated staff could investigate this possibility. Council Member Reid verified there is currently no method of preventing unauthorized use of the site. Vice Mayor Hammler stated there are currently a number of unauthorized uses of this property. Council Member Butler suggested allowing staff to investigate some of the potential options discussed over the next couple of weeks. Council Member Dunn suggested allowing the WLL to utilize Ida Lee. Mr. Williams stated in the Ida Lee Master Plan there are certain areas designated as active and passive and all of the areas programmed for active are already in use. Council Member Dunn stated the area in Greenway Farms is passive; however, the residents there never thought of it as a park whereas everyone knows that Ida Lee is a park. He stated he does not want the Town to spend any money; however, if money has to be spent he would rather that it be spent turning a passive area at Ida Lee Park into a recreation area. Vice Mayor Hammler stated it seems a majority of Council does not seem to support moving forward, She stated the WLL came forward with a creat(ve idea and she supports their efforts on behalf of the children. e. Community Development Block Grant (CDBG) Project Discussion Kathy Leidich stated staff would like Council to suggest a project from the list provided to be submitted to Loudoun County in December for CDBG funding. Town Council Work Session of October 26 2009 Page 10 She stated last year discussion seemed to center on the need for a sidewalk along Plaza Street between the police department and Edwards Ferry Road. Council Member Dunn suggested selecting the proposed sidewalk on the south side of Edwards Ferry Road between Heritage Way and B&M Motors. He stated there is no sidewalk on either side of the street in this area whereas Plaza Street has a sidewalk on one side. Council Member Reid concurred with Council Member Dunn's comments; however, if Banyan Cove is approved by Council they will construct the sidewalk on Edwards Ferry Road. He stated if that is the case then he would support the sidewalk on Plaza Street, Council Member Butler asked if the cost of the project affects the chances of the grant being approved. Ms. Leidich stated larger projects do not count against us. Council Member Butler concurred with Council Member Reid's comments. Vice Mayor Hammier supported the application for Plaza Street. Council Member Reid stated if Banyan Cove does not go through then he would support the sidewalk on Edwards Ferry Road. Council Member Dunn stated he believes Banyan Cove was not endorsed by the Planning Commission. Mr. Wells stated it is scheduled to come before the Council on November 24. Vice Mayor Hammler stated she would like to support the Edwards Ferry Road sidewalk. Mayor Umstattd stated the neighborhood is strongly opposed to the Banyan Cove application. Vice Mayor Hammler stated Council had discussed beautification in this area with the SAGE program and asked the status. Mr. Wells stated the SAGE program is still on Council's priority list; however, it relies on donations from the private sector. It was the consensus of Council to choose a project tomorrow evening. f. Zoning Ordinance/Overcrowding Enforcement Wade Burkholder stated staff plans to provide a more comprehensive report on overcrowding issues at the November 9 work session. He stated in calendar year 2008 and so far in 2009 the zoning staff has received 54 complaints of alleged overcrowding and only 23 of those reports are under investigation. He stated there has been some voluntary compliance after staff contact. He stated these cases can be time intensive depending on the particular case. He stated zoning enforcement staff can only be invited into the house and have to rely on the residents to be forthright in providing information regarding how each Town Council Work Session of October 26 2009 Page 11 inhabitant is related. He stated the current Zoning Ordinance regulations are weak. He stated staff recommends that Council initiate amendments to the Zoning Ordinance to strengthen the zoning staff's enforcement abilities and to change the violation from criminal to civil. Further, he stated staff would like to move forward with educational outreach to the HOAs and reestablish the former partnership with the Loudoun County building inspectors. Council Member Reid asked the status of filling the vacant zoning inspector position. Mr. Wells stated that position is frozen. He stated staff is currently working with a pilot program using construction Inspectors for certain types of zoning work. Council Member Reid asked how the program is working. Mr. WeIIs stated there has been some success but it is still a work in progress. Council Member Reid stated three years ago he wanted to hire a third zoning enforcement officer who would spend half their time on issues such as overcrowding. He stated at that time amendments were made to the ordinance and fines and asked why the whole ordinance was not redone as Mr. Burkholder is now suggesting. Mr. Boucher stated this issue comes up about every three years and staff will inform Council of any changes made in the enabling legislation to allow localities to address this issue. He stated staff is requesting amendments to allow for a few definitions that are not in the ordinance to make the process clear and concise. Further, he stated the state has increased the allowable fines. Council Member Reid suggested adding a request to our legislative packet requesting changes to the enabling legislation to address the enforcement issues. He stated he understands that these are difficult cases to deal with; however, they are important for the residents in these neighborhoods. Mr. Boucher stated over the years other localities have approached the legislature for assistance; however, the difficulty is ensuring you do not infringe on someone's constitutional rights. He stated staff will provide an in-depth overview at the November 9 work session. Council Member Reid stated this needs to be a very high priority. He stated signs are still the bulk of what the zoning staff has gone after and it is very Important that we go after the property owners creating "flop" houses in neighborhoods. He stated we also need to contact Supervisor Kelly Burk to ask the County to work with us. Further, we need to look to other model ordinances to address this issue. Council Member Butler stated he supports moving these amendments forward to the Planning Commission. He stated the definition of family should be redone and recommended focusing on the effects of overcrowding to avoid constitutional rights issues. Town Council Work Session of October 26, 2009 Paae 12 Council Member Wright stated he supports moving forward to address the problem without capturing some of the unintended consequences. He stated we do need to reestablish our working relationship with the County as we are also residents of the County and therefore are entitled to the same support. Vice Mayor Hammier stated she is looking forward to the report next month and supports the resolution to move these amendments forward to the Planning Commission. She stated this is a priority in our Town as she has received emails from citizens who are affected by this quality of life issue. Council Member Martinez expressed support with moving forward to strengthen the ordinance and asked that Council remember this is not just a problem with the immigrant population. Further, he stated the County should be working with us on this issue as we pay taxes to the County too. Mayor Umstattd stated last time when we addressed this issue the County was still working with us. She stated we need to formally contact the Board to let them know we would like to establish that cooperation again. She supported Council Member Reid's suggestion to add this issue to the Town's legislative package. Further, she asked what tools we have to inform residents that boarding houses are not permitted in these neighborhoods. Mr. Burkholder stated staff does not have any tools because we do not have a boarding house use in the Zoning Ordinance. He stated staff would like to address the issue by establishing a boarding house use so we can then say that it is not allowed in the neighborhoods. Vice Mayor Hammier stated it is very Important that we communicate with the County and suggested inviting them to the November 9 briefing. Mayor Umstattd stated the Mayor of Herndon has stated that a fairly aggressive program to send letters to the landowners has been effective. She stated it is nearly impossible to prove in court that people are not related; however, we have that burden in the enabling legislation. Council Member Reid asked if the Town has the authority to base the number of people in the home on square footage. Mayor Umstattd stated that regulation does exist; however, under State Code you can pack a good number of people in a house and still be in compliance. Jeanette Irby stated there are limitations as to the number of people you can put in a home based on square footage; however, the problem comes when they put people in basements with no outside access. She stated this regulation can only be enforced by the County. g. Legislative Update Mr. Wells stated there is legislation working through Congress regarding collective bargaining. He stated it was discussed at the VML conference and many local jurisdictions are getting Involved in opposing mandatory collective bargaining. He stated Council may wish to act on a resolution tomorrow evening regarding this item. Town Council Work Session of October 26, 2009 Paae 13 Ms. Irby stated there is an initiative being brought forward to the General Assembly to abolish sovereign immunity. She stated this change could affect the Town's bond rating should it be approved. Further, she stated if it is the desire of Council a resolution on this issue could be passed tomorrow night. Vice Mayor Hammier requested further information regarding collective bargaining. Ms. Irby stated Virginia is one of two "Right to Work" states and if this legislation is passed at the federal level local jurisdictions would be forced to collectively bargain with public safety workers, Council Member Reid stated this is obviously federal encroachment. He stated he has been involved in cases where the State's Attorney General has had cases thrown out based on sovereign immunity; however, Council was not able to claim sovereign immunity in the water rate case. Ms. Irby stated this has to do with Tort liability should a governmental function be done in a negligent fashion which would open us up to suit. She stated we have been sued several times and most were thrown out based on sovereign immunity. Further, she stated Congressman Woif is on record against collective bargaining, Senator Webb is on record supporting it and Senator Warner has not taken a position. 2. Additions to Future Council Meetings Council Member Reid stated he would like future discussion regarding the Town's school proffer policy of 2005. Council Member Dunn asked for a future discussion regarding the possibility of a Town ordinance regarding employees lobbying for budgetary issues. He stated this deals with employees lobbying with outside organizations for funds for items in the budget. Ms. Irby stated she would be happy to speak with Council Member Dunn regarding his concerns. 3. Adjournment On a motion by Council Member Butler, seconded by Council Member Reid the meeting was adjourned at 10:18 p.m. i ~~~ ~ , _~^ Clerk of Cou cil 2009_tcwsmin1026