HomeMy Public PortalAbout2010_tcwsmin0524Council Work Session
May 24, 2010
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David S. Butler, Thomas S. Dunn, II, Vice Mayor Katie
Sheldon Hammler, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor
Kristen Umstattd
Council Members Absent: All Present
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy
Town Manger Kaj Dentler, Director of Public Works Tom Mason, Director of Finance
Norm Butts, Director of Parks and Recreation Rich Williams, Deputy Director of Parks
and Recreation Kate Trask, Economic Development Manager Marantha Edwards,
Senior Management Analyst Bob Berkey, Senior Management Analyst Annie Carlson,
Community Development Coordinator Karen Jones, and Clerk of Council Lee Ann
Green
AGENDA ITEMS
1. Work Session Items for Discussion:
a. Boards and Commissions -Liaisons and Consolidation
Council Member Wright stated from the information provided in the agenda
packet, he did not see a reason to make any of the proposed changes at this
time.
Council Members Butler and Martinez and Vice Mayor Hammler concurred.
Council Member Reid stated he was hoping to have his proposal at least
discussed. He stated he threw his ideas out to start the discussion.
Council Member Dunn stated he did not mind discussing it. He stated any
council member could bring any topic to work session as long as the item was
put on in advance.
Council Member Reid stated it was his thought that in order to be able to
adjust the stipend amount every year as economic needs dictated, the section
regarding this could be taken out of the Code. He stated some of the Boards
and Commissions are concerned about not getting funds, so he added a
provision that would make it easier to for the Boards and Commissions to get
funds for projects. He stated the requests for funds from the Boards and
Commissions should be made during the budget process. He expressed concern
that commissioners are being compensated for meetings that they do not attend
and stated that the Chairman of the EAC had expressed agreement with this
idea.
Mayor Umstattd questioned whether this would be applied to Council
members who miss their liaison meetings.
Council Member Dunn stated that Council Members are not required to
attend those meetings as liaisons.
Town Council Work Session of May 24, 2010 Page 2
He discussed a requirement that Boards and Commissions appointees live
within town limits and BAR appointees live within the Old and Historic District if
they are not architectural professionals. He questioned whether there was any
support for making the Standing Residential Traffic Committee a commission.
Council Member Dunn stated since there is no requirement that council
members attend their commission meetings or report back on their
commissions, he recommended no longer having liaisons as any council member
can attend any commission meeting that they chose. He stated his view that
this is being used for political advantage.
b. Council Strategic Plan Discussion
Mr. Wells stated one of the suggestions for beginning the Strategic Plan
discussion would be for each council member to bring forward three key subjects
which would give Council the areas to prioritize for the coming fiscal year.
Council Member Wright stated this would be a way to keep it simple, but
also have a structure that would give Council a clear idea of what objectives
Council wants to work towards over the next year and give staff a clear picture
of the overall objectives that .Council has and whether they are on track. He
stated the ideas need to be very specific.
Council Member Butler agreed with this plan of action.
Council Member Reid stated he did not want to be confined to three things.
He suggested having minimal staff present, if possible.
Council Member Martinez stated agreed and would like one of his priorities
to be giving the Boards and Commissions a little more direction from Council.
He suggested having the chairpersons of the commissions attend the session to
communicate what their expectations are and Council could communicate their
goals and objectives to the chairpersons.
Vice Mayor Hammler stated her support for this idea. She stated it is
valuable to identify the goals and objectives, but just as valuable to be able to
communicate effectively once they have been identified.
Council Member Reid expressed his agreement with getting feedback from
the Boards and Commissions.
There was consensus of Council to each provide their three items prior to
the session and have the Boards and Commissions provide their feedback on
what they need from Council.:
Mr. Wells recommended using the second work session in July for this
discussion.
c. Budget Objectives
Vice Mayor Hammler stated she appreciated everyone's feedback and
guidance. She stated the list has been whittled down effectively to two items
that are somewhat related: 1) Perform an estimated financial cost/benefit
analysis of Leesburg seeking City status. 2) Provide a list of services that the
Town Council Work Session of May 24, 2010 Page 3
county is providing the town and a list of the services the town is providing that
the county is already providing or should be providing.
Council Member Wright stated city status is a very long process.
Council Member Butler stated it would be interesting to find out whether it
would be cost effective to achieve city status. He noted Leesburg is the largest
town in the state, if the students at Virginia Tech are not included in
Blacksburg's population and that Leesburg is larger than many of the cities in
Virginia.
Council Member Reid expressed disappointment that some of the other
objectives would not be considered. He requested a report on moving brush
pick up to a contractor performed service. He questioned why it would be a
problem to have the ROCK program taken over by a private non-profit entity.
Vice Mayor Hammier stated the Town could not automatically absorb the
cost of a program that had been funded by grant money into the General Fund.
She noted the parking fees would also be included on an upcoming work
session.
Council Member Dunn stated he is concerned about looking at city status,
but is willing to discuss the issue. He stated the town needs to get its budget in
line before becoming a city.
Council Member Martinez stated the town will just be looking at the process
of seeking city status, which is a very long process.
Council Member Butler noted it would only be feasible if there were a
significant savings in property taxes.
Mayor Umstattd stated a while ago, she and John Wells met with the city
manager of the City of Fairfax to understand what goes into their tax rate. She
stated the City of Fairfax's tax rate is significantly lower than what Leesburg
residents pay through the current double taxation system in place. She stated
the City of Fairfax does not provide all the services but contract with Fairfax
County for schools and social services. She expressed her belief that city status
would save the Leesburg taxpayers a significant amount, but the General
Assembly could just drag the process out.
Council Member Reid noted that Fairtax City has a large business tax base
and does not have the same amount of school debt that Loudoun County
currently carries.
d. Update on State Legislation Affecting Town Code/Zoning_Ordinance
Ms. Irby discussed the list of various state legislation that would affect the
town
HB 104 Elections; increases duration of time between filing deadlines and
November elections.
HB 450 Elections; person appointed to fill a vacancy shall exercise all
powers of elected office.
Town Council Work Session of May 24, 2010 Page 4
HB 1014 Elections; filling vacancies in certain local offices, requirements for
special elections.
HB 82 Public sewer system; locality may adopt ordinance establishing
standard for use & services; penalty.
HB 515 Wetlands and stream mitigation; prohibits localities from regulating
location of projects.
HB 619 Erosion and sediment control; may assess civil penalty.
HB 1100 Stormwater management; certain landowners shall be immune
from civil liability.
HB 1135 Pollutant Discharge Elimination System permit; certain conditions
for owner of sewage facility.
HB 1220 Stormwater management regulations; changes effective date that
establishes local program criteria.
SB 627 Nutrient reduction credits; nonpoint nutrient offsets to be credited
against a nutrient allocation.
HB 1028 Freedom of Information Act; recording of public meetings.
HB 1382 Law-enforcement officers; prohibits public disclosure of personal
information on Internet.
SB 430 State and Local Government Conflict of Interests Act; disclosure of
interest in real estate.
HB 51 Comprehensive plan amendment; grants authority to local govt to
prepare & submit to public hearing.
HB 552 Vested rights; includes right to replace existing on-site sewage
system.
HB 882 Development rights; permitted to be attached in receiving areas to
be equal
HB 374 / SB 632 Cash proffers; collected or accepted by locality after
completion of final inspection.
HB 1250 Vested rights; issuance of written order, etc., by zoning
administrator regarding use of property.
HB 1307 Family healthcare; zoning provisions for temporary structures.
HB 1348 Subdivision ordinance; designated administrative agency means
planning commission of locality, etc.
SB 318 Subdivision ordinance; dedication of public improvements.
Town Council Work Session of May 24, 2010 Page 5
HB 651 Eminent domain cases; reinstates option of landowner to choose
between commissioner & jury to hear.
HB 553 Signs; provides local government authority to regulate.
HB 297 Noise ordinance; authorizes governing body to adopt civil penalties.
H13 618 Local ordinances; permits locality to obtain determination by circuit
court as to constitutionality.
HB 737 E-Verify Program; requires state agencies and those newly hired to
perform work in State.
HB 682 Gang-free zones; expanded to include public buildings and grounds,
penalty.
Hl3 350 Distribution of handbills, etc.; adds median & public roadway to
places locality can regulate, etc.
HB 426 Public Procurement Act; cooperative procurement.
HB S67 Public Procurement Act; state aided construction projects.
HB 789 Public Procurement Act; increases cost of construction for which
state or local public body may use.
HB 831 Public Procurement Act; foreign & domestic businesses authorized
to transact business in State.
HB 149 / H) 33 Constitutional amendment; property tax exemption for
certain veterans.
HB 365 Local vehicle licenses; agreements with DMV.
HB 385 Suspension of state mandates; Governor may suspend any
mandate, not
to exceed two years.
HB 1230 Underground Utility Damage Prevention Act; sewer laterals.
SB 645 Electric transmission lines; prohibits SCC approving agreements for
underground installation.;
She stressed that since these are new bills, they have not been tested in
the courts yet. She noted there will be challenges to many of them.
Mayor Umstattd asked for clarification as to whether Council can appoint a
replacement for a council member who leaves the Council.
Ms. Irby stated the position can be appointed prior to being filled by a
special election or the next general election. She stated the seat would then be
elected at the next general election.
Town Council Work Session of May 24, 2010 Page 6
Council Member Wright requested a break down of which items will require
a decision by Council and which ones are mandatory.
Ms. Irby stated these newly required regulations, particularly with respect to
sewers and run off, are basically unfunded mandates to manage pollutants in to
the tributaries of the Chesapeake Bay.
e. Downtown Management Association Verbal Update
Mr. Wells gave a verbal update in anticipation of a more complete report in
writing and a broader discussion at the next work session. Mr. Wells stated over
the past three to four weeks, the various stakeholders have been solicited for
feedback on what an appropriate next step would be. He stated the different
stakeholders include the Downtown Business Association, the LDBA, the Historic
District Residents Association (HDRA), Visit Loudoun (LCVA), the DIA, and the
county. He stated there has been discussion on how to best approach carrying
out service delivery in the downtown area in different areas. He stated that no
specific recommendation is being made on a particular form or structure of
organization. He stated a process is being recommended that will extend from
now through the end of the calendar year that would have five work groups
working in particular areas to identify and make recommendations on how to
best organize and structure a variety of resources to get a variety of jobs done.
He stated this will come back to Council at the end of the year and Council has
the decision as to what changes, if any, should be made. He stressed there is
no predetermined conclusion as to the best recommendation.
Council provided their feedback to this approach.
Council Member Reid stated there needs to be a serious discussion about
the Arts and Cultural district legislation.
Ara Bagdasarian, chair of the Economic Development Commission (EDC),
stated the EDC has been working on the Tourism Zone and realizes after
speaking with different stakeholders they have been trying to fit a square peg
into a round hole. He stated the Arts and Cultural District legislation that was
passed last year is a perfect fit to what the EDC has been trying to accomplish.
He stated they partnered with the Public Arts Commission to bring home the
landing for this district. He stated they will be ready to present to Council in late
June or early July.
Council Member Butler confirmed the Public Arts Commission has been
working with the EDC for quite some time.
Council Member Dunn expressed his feeling that this is very vague. He
stated it seems like there is no goal, but the goal should be a downtown
authority of some sort. He expressed concern that in the past the efforts of
Boards and Commissions have been shot down by Council and could happen
now if Council is not kept informed on the project. He stated there is still a lack
of information and if Council wants a different direction, it should be decided
now. He recommended if there are certain goals in mind, Council needs to be
informed of them so no one is wasting time.
Mr. Wells stated the goal is to have a better way of doing business.
Town Council Work Session of May 24, 2010 Page 7
Council Member Wright agreed. He stated his concern is that Mr. Well's
description of the process seems to keep changing.
Mr. Wells stated he is careful not to talk about umbrella organizations
because there is a concern that an umbrella organization with too much
authority may not be what some members of the group want. He stated a key
point is how to bring everyone together in a form that everyone is comfortable
with. He stated there is no predetermined answer.
Council Member Wright expressed concern that the goal of trying to bring
together four different private sector groups to try to maximize resources to
accomplish certain goals that compliment what the public sector can accomplish
is not occurring. He stated everyone has to buy into this.
Vice Mayor Hammier stated there are so many positive things happening
that she does not want this discussion to derail that attitude.
Council Member Martinez stated there is still some work to be done. He
stated a mission statement needs to be developed as well as a definition of the
goal of the private and public sector working together.
Mayor Umstattd clarified that some of the business owners are nervous
about too much regulation by an umbrella organization. She stated there are a
lot of different opinions and she is hoping there can be cooperation amongst the
different stakeholders.
f. First Night Leesburg Financial Wrap Up
Kate Trask summarized the 2009 First Night Leesburg event. She stated a
year and a half ago in November 2008, First Night Leesburg requested support
of their event because of several years of declining revenues due in part to a
series of bad weather events. She noted in June of 2009, the town entered into
an MOU with Bluemont to produce the First Night Leesburg celebration.
Ms. Trask stated this past New Years Eve, First Night celebrated their 24tH
First Night Leesburg event with an estimated attendance of about 1,300. She
stated they had a net loss of $4,190 and the town has an agreement per the
MOU to reimburse Bluemont up to $5,000.
Council Member Wright questioned whether the timelines included in the
MOU were met and whether feedback was collected from attendees.
Ms. Trask stated the marketing and implementation time line for advance
publicity was met but the December 15th deadline for website details was not
met. She added that most of the comments were collected from the large
number of volunteers.
Council Member Wright stated the schedule of events was not posted online
by December 30th. He stated that makes it very difficult for a family to make a
decision on what to do New Year's Eve. He noted this is a valuable event and
weather is a factor; however, families will pick something else first if the
marketing information is not available.
Town Council Work Session of May 24, 2010 Page 8
Council Member Butler stated he is a strong support of this event, but he
was also looking for information on the attractions and did not find any
information until the last minute. He stated the short notice does not give
families any time to get excited about the event. He questioned whether the
attendance was better or worse than previous years.
Peter Dunning stated attendance has been down for the last several years.
Council Member Reid verified the $4,000 loss does not include any staff
time or other in-kind services.
Ms. Trask stated the in-kind services came to just about $3,000.
Council Member Dunn questioned whether the $5,000 was an annual
guarantee or a two year commitment.
Mr. Wells stated the idea was to create a fund based upon better
performance, but for a variety of reasons, the event has not been successful for
the past few years.
Council Member Dunn stated he looks at this as a nice event for the town
that has a good track record. He stated there is still an opportunity to come in
with a profit next year to stay under the $5,000 mark. He stated the town has
agreed to this and should stick to the agreement. He suggested lowering the
admission prices to bring more attendees. He questioned whether there is
enough family friendly entertainment at 30% and suggested holding the
children's events earlier in the evening.
Vice Mayor Hammier stated she and her daughter did volunteer despite the
freezing cold and wet conditions and she appreciated the information provided
with the buttons regarding local restaurants. She suggested having some
events for teens and young adults.
Mayor Umstattd stated Council Member Dunn raised a good point about the
pricing. She stated the $10 per person is very pricey for a family and as the
parent of a teen, there needs. to be more activities that appeal to teens.
Mr. Wells stated staff will bring an item back in two weeks with more detail.
g. Capital Asset Replacement Fund
Mr. Wells stated the information provided should answer questions asked
thus far.
Council Member Wright stated he likes the concept of this fund; however, in
going through the list provided it seemed that many of the items were
maintenance rather than capital expenses.
Council Member Butler stated he has no objection to the amount; however,
he does agree with Council Member Wright as some of the items appear to be
standard maintenance.
Council Member Reid expressed his skepticism regarding this fund,
particularly in response to the answers to the survey of other jurisdictions.
Town Council Work Session of May 24, 2010 Paae 9
Council Member Dunn stated he is not going to support this as there are too
many reserve funds. He stated he would prefer a portion of another fund be set
aside for this purpose rather than creating a new fund out of taxpayer money.
Mr. Wells stated the list will be refined and this will be part of a larger
discussion about how reserves are established. He noted Council is scheduled to
discuss GASB54 in June.
h. Banyan Cove Follow-up
Mr. Wells stated this is based on a prior discussion and questions raised by
Council Member Dunn. He noted that townhomes are not allowed under the
current R-22 zoning and a Council initiation of a zoning ordinance amendment
will be needed.
Vice Mayor Hammier questioned why the property owner is not bringing a
rezoning forward. She expressed concern that there is no information regarding
the Town Plan and economic impact.
Council Member Wright stated the property owner has a currently approved
site plan, which would not change since the condominiums that were originally
proposed were set up to look like townhomes. He stated a text amendment
would give the owner the ability to have single family attached with the same
site plan.
Ms. Irby stated this action would simply be to get the ball rolling. She
stated the entire process would need to be performed including full vetting and
recommendation by staff. She stated this is just the first part of the legislative
process that may take four to six months.
Council Member Dunn questioned whether the density would increase with
this change.
Ms. Irby stated that is her understanding, but the change will need to be
fully vetted. It was noted that the density might decrease.
Mayor Umstattd stated she would be in favor of this since it looks like a
probable decrease in density.
2. Items for Future Council Meetings
Mr. Wells noted that Loudoun County Public Schools have identified the Monday
and Tuesday before Thanksgiving as their furlough days. He stated those are the
dates of the second set of Council: meetings in November. He suggested moving the
Council meetings to the next week since there is an extra week between
Thanksgiving and the second Tuesday of December.
There was Council consensus for this change to the proposed calendar.
Council Member Dunn questioned whether there is any support for eliminating
the Monday work session meetings that coincide with Federal holidays.
The majority of Council members wished to keep those two work sessions.
Town Council Work Session of May 24, 2010 Page 10
Council Member Butler brought forth the following_
a. Have a letter drafted to request that Loudoun Water keep the Town of
Leesburg apprised of the tests being performed in the Raspberry Falls area
through the EPA. Council Member Butler clarified that this does not need to be
voted on, just Council support. Mayor Umstattd noted that there are four
Council members in support.
b. Tighten up the Town Code language to make it clear what happens when
there is a long-term vacancy on a Board or Commission.
c. Study of speed limits in town.
Council Member Dunn brought forth the following._
a. Raspberry Falls well contamination issues - He stated the residents have
talked to the EPA and the test results could come back in as little as two to three
weeks and are uncertain why Loudoun Water is saying it will take longer.
b. Options for selling water westward. Mr. Wells clarified this is on the agenda
for June 7.
c. Availability fee discussion. Mr. Wells clarified the EDC will be discussing this
at their meeting next week and will be coming back to Council in August.
d. Joint meeting with the Board of Supervisors. Mr. Wells clarified that this
item is on the June 21 work session.
e. Update or status on drainage issue for west Loudoun Street homes near the
fire station. Mr. Wells stated staff is currently expanding the scope of a
previously performed drainage study and the result will be brought back before
Council
f. Loitering at 7-11 on Plaza Street. Council Member Dunn stated that he
contacted the folks at 7-il to ask them about their loitering policy, which they
do have. He stated he talked to the manager who indicated he had contacted
the town a number of times and has not received any support. Council Member
Dunn requested an explanation of the town's policy on loitering.
Council Member Reid brought forth the followina:
a. Wage Radio special exception at the Board of Supervisors. Council Member
Reid questioned whether there is any interest in a resolution for Tuesday night
to support the re-establishment of Wage Radio. He noted Wage needs to
establish an office in Leesburg or the Leesburg area as part of his FCC license.
Council Member Martinez stated the town cannot talk to the planning or land use
application. Mayor Umstattd stated the towers will be almost 200 feet high,
which is very large for any neighborhood. She noted this could be a
controversial neighborhood issue. Council Member Martinez concurred his
concern. Council Member Reid suggested a resolution welcoming Wage back to
Leesburg. He noted this would need to be voted on Tuesday night. Council
Member Butler suggested sending support as private citizens. Mayor Umstattd
concurred.
Vice Mayor Hammier brought forth the following:
a. Budget objectives. Vice Mayor Hammier questioned whether Mr. Wells
needed any further clarification on the two objectives that Council has decided to
continue with. Mr. Wells stated these two objectives are not inconsistent with
the direction staff already has and staff is already working on these.
Council Member Martinez asked for clarification regarding a council member's
ability to represent the town without the consent of the other members of Council.
Town Council Work Session of May 24, 2010 Page 11
Ms. Irby stated the ethics policy states individual council members do not
represent the Council unless given direction by Council to do so. She stated
ceremonial services are not included.
Council Member Reid stated when the motion was made to delay the
construction of the SW Connector trail, there was no reference to design. He
questioned whether this needs to be on the agenda for June 21 since design money
is still being expended because the resolution only referred to construction.
He requested a memo from staff regarding the building being demolished on Old
Sycolin Road. He noted there is a dilapidated structure at the corner of Tavistock
Drive and Sycolin Road that they cannot get removed.
He stated he had heard from a resident regarding the potential for odor
problems from the Lower Sycolin Creek Conveyance System.
Mr. Wells stated the SW Connector trail community meeting will be rescheduled.
There was consensus of Council to put Items 12 a and b on the Consent Agenda.
3. Adjournment
On a motion by Council Member Martinez, seconded by Council Member Butler,
the meeting was adjourned at 9:51 p.m.
Clerk of Coui ci
2010 tcwsmin0524