HomeMy Public PortalAbout2010_tcwsmin0621Council Work Session June 21, 2010
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David S. Butler, Thomas 5. Dunn, II, Vice Mayor Katie
Sheldon Hammier, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor
Kristen Umstattd
Council Members Absent: None.
Stall Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Public Works Tom Mason, Capital Projects Manager for Design and Engineering Tom
Brandon, Community Development Coordinator Karen Jones, Economic Development
Manager Marantha Edwards, Research and Communication Manager Betsy Fields,
Transportation Engineer Calvin Grow, Senior Engineer Paul Webster, Director of
Finance Norm Butts, and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. Work Session Items for Discussion:
a. NndeniiilFfeHew-ee POSTPONED
b. Climbing Lane on Rt. 7 Bvoass lVDOTI
lames Zeller, PE, of the Virginia Department of Transportation (VDOT),
addressed Council with an overview on the analysis that VDOT has performed on
the Route 7 climbing lane project.
He stated the project is to try to do something for a relatively reasonable
cost to alleviate congestion on westbound Route 7 during the afternoon rush
between the Route 9 interchange and the West Market Street interchange. He
stated the process has revealed mare issues to be solved. He stated the terrain
presents a challenge to adding a third lane to the existing roadway with steep
sides that would result in pretty severe construction, right of way and
community impacts. He noted that caused staff to focus on putting the third
lane in the median of Route 7 within the existing right of way, which would
require less grading and construction impacts.
He stated the next problem was reducing the width of the median reduces
the median's ability to act as a safe refuge for left turning vehicles. He stated
there have been an increased number of accidents, mainly at the White Gate
and Beechnut Road intersections over the past Several years. He also noted the
elevation of the west bound lanes and the east bound lanes is different, so a
reduction in the median width causes the difference in elevation to become more
diffcult for vehicles to make a left turn.
He stated a third concern is that people coming out of Beacon Hill making a
left towards Leesburg would now have to cross three lanes of high speed traffic
rather than two lanes which caused staff to take a hard look at the feasibility of
the median breaks.
Town Council Work Session of June 21. 2010 Page 2
He discussed the idea of closing the median breaks and how the two
remaining interchanges would have to be redesigned to accommodate U-turn
movements.
He stated by closing all four median breaks fairly robust improvementr
would be needed at the Route 9 and West Market Street interchanges. He
stated at West Market Street, there would be a significant number of left turn
movements and to accommodate that, they would need to reconfigure the
existing lanes on the bridge and introduce a tenter left turn lane and modify the
ramp to receive the left turn movements. He noted studies indicate a signal will
be necessary in the out-years, but not at this time.
Council Member Dunn clarified that there would be no way for motorists
existing from the east taking the off ramp and crossing over to the on ramp
heading west because the ramps would be off-set.
Mr. Zeller illustrated necessary changes to the Route 9 interchange. He
stated there would need to be an expansion of the westbound off ramp, building
a left turn pocket for the u-turning vehicles to stack up as needed while allowing
the Route 9 traffic to continue to Hillsboro and pointr west. He stated they
would need a traffic signal at the end of the west bound off ramp as well as a
signal at the east bound on ramp, both of which would be linked to the existing
signal at Clarke's Gap Road.
He discussed how residents along the north side of Route 7 would be able to
get into [he Flow of traffic safely at highway speeds. He stated acceleration
lanes would cause extensive construction impacts, particularly where the terrain
is steep. He stated an idea that came out of a community meeting with the
residents of Leeland Orchard Road was creating a frontage road out of the
ancestral alignment of Route 7, much of which VDOT still holds the right of way
for. He stated [here are similar opportunities on the south side of Route 7,
where Beechnut Road is a piece of ancestral Route 7, which already has an
interparcel connection to the Shenstone neighborhood.
Mr. Zeller stated the climbing lane project has approximately $9 million
allocated and Loudoun County's intention is to put all of their RSTP allocation on
this project. He stated the initial estimate for just building the climbing lanes is
approximately $17.6 million, which does not include the additional modifcations
to the interchanges and frontage roads.
Mayor Umstattd questioned the feasibility of being able to go forward given
the difference between the allocated funds and the estimated price.
Mr. Zeller stated his belief that the county intends [o continue to put their
RSTP allocation towards this project and as the design comes closer to
completion, better estimates will be available.
Mayor Umstattd questioned whether the affected communities have had a
chance to see these proposals.
Mr. Zeller stated they held a neighborhood meeting with the Beacon Hill
HOA last summer which was when some of the issues regarding left [urns out of
the communities were raised. He clarified that the idea of using ancestral Route
Town Council Work Session of ]une 21. 2010 Paoe 3
7 was not included in that community meeting. He stated once VDOT is able to
get some lines on paper, the footprint of the idea will be able to be presented to
the communities sometime later this summer.
Vice Mayor Hammier requested that VDOT keep Council informed on
funding.
Council Member Wright disclosed that he has family members that live on
Leeland Orchard Road. He stated he would be interested to hear from the
broader community about haw they feel about the U-turn movements. He
stated exiting the Leeland Orchard community has become very difficult to the
point it can affect property values. He questioned what the ultimate planned
condition.
Mr. Zeller stated that ultimately Route 7 should be 6-8 lanes to
accommodate the projected traffic. He stated he would conf rm whether it is 6
or 8 lanes and whether it should go to Purcellville or Route 9. He discussed a
time line that would include time for environmental studies.
Council Member Butler stated it sounds like this is not an unreasonable plan
seeing that expanding Route 7 to 6-8 lanes would require these issues to be
dealt with.
Council Member Reid questioned why VDOT does not consider a PPTA
solicitation for a reversible toll lane in the median based on rush hour. He
stated the Governor has talked a lot about extending public/private
partnerships. He questioned whether this is a passibility since there is incredible
demand from the west.
Mr. Zeller stated this is certainly an alternative, but the engineers would
need to look at the design before a solicitation could be possible.
Council Member Reid stated there is money for the engineering/design part
of the project. He questioned whether i[ is VDOTS polity to have at least 80% of
a project's funding before preliminary engineering can be pertormed.
Mr. Zeller stated preliminary engineering is being done now and clarified
that the project has to be fully funded before they would move to construction.
He noted they do no[ have preliminary estimates for access road improvements.
Council Member Reid stated the Board of Supervisors needs to speak up
about this project.
Council Member Dunn questioned whether there would be a new lane on
both east and west bound sides of Route 7 and how far west the new lane would
extend.
Mr. Zeller stated the climbing lane is only for the west bound direction and
would extend just west of Route 9. He stated the lane would start just east of
West Market Street.
Council Member Dunn questioned how It would be different for residents of
Leeland Orchard Road using the ancestral Route 7 access road.
Town Council Work Session of ]une 21. 2010 Page 4
Mr. Zeller stated the idea is to minimize the number of conFlict points along
the highway. He stated the current access at Leeland Orchard Road needs the
construction of an acceleration lane, which would cause big right of way and
construction impacts that VDOT is trying to avoid.
Council Member Dunn questioned whether there are plans to expand Route
9 to the West Virginia line.
Mr. Zeller stated that no capacity improvements are planned for Route 9.
Council Member Martinez questioned whether the town has direct input into
this project.
Mr. Zeller stated VDOT will be seeking formal endorsement of the major
design of the project from both the Council and the Board of Supervisors.
Council Member Wright questioned whether the right-in would still exist for
Leeland Orchard Road residents since they are entitled to town police protection.
He noted closing that entrance would increase safety response times.
Mr. Zeller stated that entrance could be maintained for emergency use.
c. Windows Workshop Discussion
Mr. Wells stated this item was originally looked at as part of the November
and January allocation of funds for various town Boards and Commissions. He
stated this portion was deferred by Council pending additional information and
questions, which are outlined in the memo for this agenda item, as well as input
from the Historic District Residents Association (HDRA).
Vice Mayor Hammler stated her questions are process oriented. She stated
she does not recall any specific Council members requesting this item come
forward.
Council Member Dunn stated he has never been opposed to the BAR
bringing this forward. He stated he was unaware that Council members need to
request funding for Boards and Commissions.
Vice Mayor Hammler stated she did not know whether this is something a
Council member brought forward. She stated she is concerned because this is a
very large dollar item. She questioned whether residents would be willing to
pay a nominal fee for this workshop and how much that fee could cover.
Dieter Meyer, Chair of the Board of Architectural Review, stated it is very
hard to say how many residents will be participating in this work shop. He
stated a minimal attendance could be set.
Council Member Wright stated it would be fair to say this is a left over from
the requests for the Boards and Commissions' bucket of money and it has
returned to Council because it has not been dealt with. He questioned whether
the work shop will include the broader issue of wood rehabilitation.
Mr. Meyer stated there is interest from other neighborhoods in maintenance
of other parts of older structures.
Tgwn Council Work Session of ]une 21. 2010 pane 5
Council Member Wright questioned how this will help with the BAR's
mission.
Mr. Meyer stated that it educates the public that there are alternatives to
replacement. He stated repairing has become out of fashion in a throw-away
culture and, particularly in the historic district, it may be less expensive and
maintains the historic integrity better. He stated another mission of the BAR is
[o educate the public of the important of historic integrity.
Council Member Wright questioned whether the new amount being
requested is above or below the total allowed for Boards and Commissions.
Mr. Wells stated it would be below the total allowed for the Boards and
Commissions.
Council Member Butler stated he does not have an issue with the amount,
but he is confused about exactly what it will pay for. He stated there is no
breakdown of what the funds will be used for. He stated as opposed to the EAC
Rain Barrel Workshops, the participants did not pay for the work shop, they got
a $25 rebate for a rain barrel for 100 participants, which was a concrete
amount. He stated in this instance, it is not clear how [he amount needed was
estimated.
Mr. Meyer stated that Ms. McDonald did some research on the consultant,
the cost of materials, facility to hold it in, etc.
Council Member Butler stated he would like a better feel for what the
$3,500 breaks down into and why $3,500 is the amount being requested.
Council Member Reid suggested having a third party sponsor these
workshops. He stated he appreciates Council's scrutiny on a fund request that is
this small.
Council Member Dunn stated he has seen millions of dollars spent without a
glance or a look. He stated this amount is in the budget that Council allocated
for Boards and Commissions. He brought up several instances where Council
did not question a large expenditure of funds. He stated it is a good return on
investment because people can get more information without using staff time.
He stated he is the Flrst one to try to save taxpayer dollars, but he would be
more interested in more scrutiny for larger ticket items.
Council Member Martinez stated his agreement with Council Member Dunn's
comments. He questioned whether a component could be added to the work
shop to show residents how to do the repairs so they will not have to be
removed because they are not compliant with BAR guidelines.
Mr. Meyer stated that public outreach is certainly a part of this program. He
stated the BAR goes out of their way to get the citizens through the process and
this is another way to get more information to the public.
Council Member Reid suggested a resolution for Tuesday night that would
contain "not to exceed" language.
Town Council Work Session of June 21. 2010 Paoe 6
There was Council consensus for such a resolution.
d. Downtown Management Proiect
Mr. Wells stated a number of the members of the study group are in
attendance. He stated the study group has been working on this project over
the past several months.
He stated the agenda item represents the complete work of the group and
provides some level of detail regarding research that has been done over the
past several months and years regarding the best approach to manage the
downtown region's full potential. He stated both the public and private sector
are looking at best practices that can be applied to manage the downtown.
He stated one of the key recommendations was to develop one umbrella
organization with a variety of representatives from both the public and private
sector to address how to best manage the downtown. He stated the
organization would include 12-15 stakeholders, including the Council, which
would make an intense effort during the balance of [he calendar year [o bring a
specifc recommendation back on what form the structure should take. He
stated the report does mention a substructure that is recommended that will
feed the group of 12-15 individuals that would explore ideas and bring
recommendations back based on hands on experience.
Peter Burnett added that the group has spent a long time breaking down
the issues and have identified somewhere between 20-25 organizations and
departments that are responsible for close to 200 separate tasks. He stated
they recognize the decision makers (Council) will make the final call on how this
works or does not work to operate the downtown in the best fashion for
Leesburg. He stated there has never been a pertect mesh of public and private
function and responsibility, which is [he hallmark of every successful downtown
in the United States.
Vice Mayor Hammier stated there are already extremely successful key
organizations and the last thing that is needed is another "umbrella"
organization. She stated perhaps the town needs to look to the Economic
Development Commission and possibly put an appointee from the OIA on that
commission. She stated the DIA is a strong set of leaders and perhaps the
Council should have a liaison to the DIA, the HDRA, and possibly the LDBA. She
stated she does not feel that the additional structure will get us any farther
forward. She stated she would like to focus on the really positive things that are
already in place and doing a fine job.
Council Member Wright asked for a clarification of the recommendation.
Mr. Wells stated the request is to form a Board of Directors to do the foal
study to push the process to the end to determine what the final structure
should look like. He stated this will create a task force that will look at what the
best mechanism is to bring the public and private sectors together is. He stated
a key part of this is how does the Council become engaged in this discussion.
Vice Mayor Hammier stated she believed the goal was a private
organization, not apublic/private organization.
Town Council Work Session of ]une 21. 2010 p g~7
Mr. Wells stated much of what is being done includes the government
directly, so it is hard to have a Conversation on what the private sector can do
because much of what happens in the downtown is directly carried out or
coordinated with the public sector. He stated it is hard to have an organization
that does not have town involvement at some level, which could mean a liaison
or something less structured, but there is no clear vision as to what the pertect
structure might be.
Council Member Wright expressed his feeling that Council thought this was
what was already being worked on.
Mr. Wells stated the members of the group thought that was what they
were working on, but because of the complexity, not just within the
organization, but also the need to hear from the governing body. He stated that
was the intention, but this is as far as they can go.
Council Member Wright compared this to a shopping center where the town
owns all the parking, driveways, and sidewalks but the private sector will have
to drive the reform because the public sector cannot legislate the hours, leases,
tenant mix, etc. He stated he would be happy to get an umbrella group that will
be able to pull both sides together. He questioned whether any stakeholders are
missing.
Mr. Wells stated one of the options that [he group talked about is that the
town does not necessarily have to be totally in charge of the things that are
mentioned. He stated while the town owns the easements, there are options
which does not necessarily mean the government has to do the same thing as
usual.
Vice Mayor Hammler stated that is getting along the lines of her thinking
Mr. Wells stated feeding up to that group was some working groups and
having individuals with other assets on those task groups would be a way to
bring in private assets into the mix. He stated some people who were not
expected to participate, have participated strongly, which is a good thing
because it shows that people care about this and gives some new answers.
Council Member Butler summarized [hat originally there was a steering
committee who had the job of coming up with a proposal for some kind of
downtown management association. He stated they got part of the way through
and realized they are not the right steering committee but can come up with a
better steering committee to finish the job.
Mr. Wells stated there is a key role from a government perspective that
needs to be included. He stated the capital project for the downtown
improvements will be coming on line soon and it would be good to have a
singular voice or structure to coordinate that.
Council Member Buller stated he hopes this stays on the Council's agenda
because this is the point where the Council needs to weigh in.
Vice Mayor Hammler reiterated her support for using the EDC as the task
force and putting people from other downtown organizations on the EDC.
Town Council Work Session of ]une 21 2010 Paoe 8
Council Member Wright cautioned that the EDC should work for the entire
town, not just the downtown.
Council Member Reid questioned whether staff would be used to support
any of the recommendations. He also commented that there was a 1962 report
on a similar subject.
Mr. Wells stated a staff person is already assisting the group, and that staff
person would Continue to support the group through the end of the year.
Council Member Reid stated looking at the history of similar efforts in the
downtown, they all deal with government initiatives which resulted in
government investment and did not pan out. He stated the two biggest
successful investments the town has made in the past are not even in the
downtown -Rust Library and Ida Lee Recreation Center. He stated his feeling
that special tax incentives to bring in national brand retail and restaurants would
be more successful. He expressed his concern [hat the town might be getting
into a situation where it is pressed to invest money into things that will not be
successful.
Council Member Dunn stated Council instructed the Town Manager to bring
Council in before they get too far. He questioned whether Council is willing to
outsource its authority and if it is no[, that needs to be indicated now. He
indicated he wanted to see an authority that limits the role of government in an
effort to get things done faster and more streamlined, but he still needs to
scrutinize how town taxpayer funds will be used. He questioned whether this is
a power grab by staff for more job security.
There was discussion on the possibility and purpose of a single entity
representing all interests of the downtown stakeholders.
There was consensus that if two Council members would be liaisons to
downtown management group, then automatic reports to the entire Council
would be necessary.
Mr. Wells clarifed that Council would be asked for some questions for the
management group to look at specifically so the final recommendation will
answer Council's questions. He added that a group of names would be provided
to Council that give a wide cross section of the stakeholders. Further, he stated
that staff will not discard ideas that might provide some opportunities such as
tax districts as there are no options that are not on the table. He stated the
work group or task force will look at specific issues in a tight time table and
bring regular reports to Council so they do not stray from the task.
e. Legislative Fallow-uo
Betsy Fields stated this is a follow-up to the General Assembly session
showing the bills that have been enacted that require some Town Council action.
She Stated the first three bills that require action are House Bill 82, which allows
localities to establish civil penalties for violations of local ordinances prohibiting
the introduction of pollutants and waste into the public sewer system; House Bill
350, which grants localities the power to regulate and prohibit the distribution of
hand bills and sales services on highways, public parkways and medians; and
House Bill 682, which expands the def nition of Gang Free Zones to include any
Town Council Work Session of June 21, 2010 Paoe 9
publicly owned or operated community center or recreation center. She noted
that previously the Gang Free Zones only encompassed public schools. She
stated that all three items will require Town Code amendments in order for the
town to be in compliance with state law. She stated a resolution initiating the
Code amendmentr will be on the agenda for Tuesday night.
Mayor Umstattd questioned since the public sewer system is meant to
handle wastes and pollutants, how are impermissible pollutants and wastes
defined?
Ms. Fields stated that fats, oils and grease are specifcally stated, but it is a
little vague as far as other pollutants.
Ms. Irby stated this is the frst step, but she anticipates a much larger
discussion in the next few months. She stated a lot of new regulations are
coming and Council will need to study it carefully.
Ms. Fields stated that the Department of Planning and Zoning is working the
planning and zoning amendments into the next batch of zoning ordinance
amendments.
Ms. Irby stated that staff is still assessing [he remainder of the new laws but
this is the initial step.
Council Member Reid requested the code amendment initiation be placed on
the Consent Agenda for Tuesday's meeting. There was agreement by Council.
f. ABC Permits on Town Prooertv
Kate Trask stated that staff measured the space that would be used for
dining and serving alcohol. She stated they also met with the ABC agent to
discuss the designated area and address any concerns that the ABC department
may have in regards to this request. She stated the ABC laws require the space
to be enclosed and when applying for the ABC permit, the agreement between
the Town and the licensee will need to be attached to the application. She
stated the town's insurance provider will require that the business acquire
liability insurance naming the Town of Leesburg as additionally insured.
Ms. Trask noted that a public hearing will be required so that the Town Code
can be updated. She stated the foal Memorandum of Agreement will be
presented at that time.
Mayor Umstattd questioned whether the applicant will be required to rent
the section of Town Green where the alcohol will be served.
Mr. Wells stated staff recommendation is to only lease the small area where
the tables and umbrellas are located. He stated a lease payment for that space
was not envisioned.
Council Member Wright questioned whether this will apply to other publicly
owned sidewalks in the downtown.
Mr. Wells stated as the sidewalks are narrow now, it would not be possible
because of the Americans with Disabilities Act, but if the sidewalks are widened
Town Council Work Session of June 21 2010 Pape 10
it might become an issue. He stated this proposal deals only with the
establishment adjacent to the Town Green.
Council Member Wright questioned whether this is a special opportunity for
this business based on their location and whether that is appropriate and also
whether this opportunity being free is appropriate.
Mr. Wells stated that this is very limited because of the sensitivity of alcohol
use on Town property and will only be set fora 12 month period and can be
reassessed after that period of time.
Council Member Wright questioned whether alcohol could be served during
Town events such as Acoustics on the Green, Flower and Garden Show, and First
Night Leesburg.
Ms. Trask stated that the MOA can contain blackout dates.
Council Member Buller stated his preference to make the agreement a little
broader because if a business is allowed to serve meals on town property
adjacent to their restaurant, there is no reason not to allow the business to
serve all the products they are legally allowed to serve. He stated he is not
enthused about any blackout dates, but will reserve judgment because some
might be more important than others. He noted that other businesses do not
have blackout dates during town events.
Council Member Reid stated he does not have a problem with this proposal.
He stated he would support initiation at Tuesday night's meeting.
Council Member Dunn stated his concern that alcohol will be allowed on
more and more town properties. He stated his opposition to this proposal. He
stated the use of public property requires a different set of rules than
establishments operating solely on private property.
Council Member Martinez stated he has no problems with special events,
but this business will be generating revenue on town property which makes him
uncomfortable.
Council Member Reid questioned whether the Police Department has any
issues with this proposal.
g. Joint Meeting with the Board of Supervisors
Mayor Umstattd stated the proposed dates are Thursday, September 9;
Wednesday, September 15; and Thursday, September 23.
Council Member Reid expressed preference for the 15`" or the 23`°. He
requested a discussion on county support for the Balch Library.
Council Members Martinez and Butler stated they had no preference.
Council Member Dunn stated his preference not to hold the meeting on the
9`" because that is the frst week of school.
Town Council Work Session of June 21. 2010 Paoe 11
Council Member Wright stated he is technically open any of the dates, but
would prefer the 23r°. He stated the topics should include transportation team
work and overlapping services. He stated he wants a presentation from staff
that will help the BOS to understand the Town's role as county residents and
what the Town is and is not getting.
Council Member Dunn stated the town needs to came away with specific
action items from the BOS. Further, he requested sheriff's department services
be added to the overlapping services and expressed his feeling that county
liaisons to town Boards and Commissions should not be allowed unless the
County is providing some support. He stated he would like to add the possibility
of selling water to Raspberry Falls, Hamilton, Round Hill, and Pu rcellville as well
as the Route 7 climbing lane.
Mayor Umstattd clarified that Council's preferred date is September 23rtl
h. Transportation Improvements/Phil Bolen Park
Mayor Umstattd stated the figures in the memo are not the full figures
because they do not include traffic signals, but the turn lanes will be required at
Tavistock before a traffic signal can be installed.
Tom Mason stated that the special exception conditions for Phil Bolen Park
included a traffic study six months prior to the opening of the park to determine
the effect of park traffic on Sycolin Road. He stated there was nothing in the
special exception that required the County to fx the problems the park will
cause.
Council Member Wright questioned whether the county's project is
triggering the need for the improvements?
Mr. Mason Stated the park traffic alone makes a bad situation worse. He
stated the completion of the paving project of Sycolin Road have driven up
traffic volumes. He stated even without the paving, the traffic volume from the
park, during peak hours, would probably have triggered the need for these turn
lanes.
Council Member Wright questioned whether any of these turn lanes will be
reusable as part of the ultimate widening project?
Mr. Mason stated these turn lanes will not be practically reusable.
Council Member Wright summarized by stating the county built the park and
now they wan[ the town to pay for the road improvements that will be needed.
He stated there is a fundamental disconnect by some members of the BOS
where they do not seem to understand that all the town's citizens are county
residents.
Mayor Umstattd noted the county would like to be helpful, but they have no
funds. She stated the wait time to turn out of Tavistock will increase to 13
minutes per vehicle once Bolen Park opens. She stated that Council will want to
fix the problem but the question is when.
Town Council Work Session of June 21. 2010 Paae 12
There was discussion as to the purpose of the turn lanes. Mr. Masan stated
the turn lanes provide a place for the traffc on Sycolin wishing to make left
turns a place to wait. He stated the county has agreed to provide signal warrant
information, but it is not available ye[.
Council Member Reid stated he could support sharing the expense of a turn
lane for Tavistock and Miller, but believes the turn lane at the Loudoun County
facilities on Sycolin should be their responsibility. He stated the traffc out of
the airport is not as great. He expressed his disappointment that the residents
of Tavistock would have to wait until a capital project could be funded to build
the turn lanes.
Mayor Umstattd noted that if a guarantee of funding is made by the County,
the turn lanes could be built by the end of next summer.
There was discussion as to signalization of the county facilities on Sycolin
and whether an existing signal could be moved to that location.
Vice Mayor Hammler questioned where the money will come from to pay for
these improvements.
Mr. Wells stated that Battlefield Parkway will probably come in about $1
million under budget and the money can be reallocated.
Vice Mayor Hammler stated those savings should be reallocated to the other
section of Battlefield Parkway. She stated the BOS is able to find money to open
the park and they have responsibilities to provide for the traffic. Further, she
stated the town should not be so quick to pick up the bill, which is what the
town keeps doing.
Council Member Reid stated he is willing to support a light at Tavistock
Drive and Sycolin Road with a delayed left turn signal without the dedicated lane
because it will allow a few cars to turn left on Tavistock without having to wait
for the cars to pass.
Council Member Butler suggested that the county only pay for the turn
lanes at Sycolin and Tavistock and the town will pay for the light.
Council Member Reid agreed with this idea.
i. Boards and Commissions Aooointment Process
Council Member Butler stated these changes are simply to close a few
loopholes that were discussed a few months ago. He stated the first one will
make sure that the Airport and Planning Commissions will be able to meet on
July 1. He stated the other one will make sure all the Boards and Commissions
remain as fully staffed as possible and the other one is a recommendation, not a
requirement, that if Council members take on the task of being a liaison to a
Board or Commission, that they attend at least 50% of the meetings.
Vice Mayor Hammler stated it should be a normal course of Council team
work that if a Council member is unable to attend their meeting as a liaison,
they find a substitute. She stated the minutes can just reflect that a liaison is
present.
74wn Council Work Session of June 21. 2010 pane 13
Council Member Wright stated he would like the length of time to be 60
days rather than 30 days because by the time an advertisement generates
interest, 30 days is not enough time. He stated #8 is not needed because #7
takes care of it. He stated the requirement for liaisons to attend at least 50% of
the meetings is really a difference in expectations between Council members and
the Board and Commission members. He stated [here is value in the liaison
role.
Council Member Butler agreed with the 60 days and has no problem with
deletion of #8.
Council Member Reid said the commissioners should have had input into
this. He agreed with the Vice Mayor that Council members should be able to
fnd a back up for meetings they cannot attend. Further, he stated he feels it is
important for the Boards and Commissions to meet in the Council Chambers so
their meetings can be televised. He stated he supports a 60 or 90 day time
period.
Council Member Dunn questioned why these changes are being considered
because the process was working fine. He stated when he served on the EDC,
he was interviewed by a Council Member and the EDC, which is a better method
of choosing commissioners than the current appointment process. Further, he
stated Council terms end at midnight on June 30 and the newly elected Council
members are not sworn in until 6 p.m. on July 1, which causes a gap in Council
authority in an emergency situation. He stated what might be an easier process
is that Council terms be changed until noon on July 1. He stated by allowing an
outgoing commission member to stay in office after their council member's term
has expired, is actually allowing a commission member to work against the will
of the people. He agreed that all commissions should meet in the Council
Chambers.
He stated the time limit does not allow for a Council member who has
misgivings about appointing someone to a commission. He stated he had a
commission slot that was left open for a length of time because he had
misgivings about appointing someone because when he attended the meeting,
they were screaming at one another. He stated when he followed up with the
co-chair a few months later, she said they had worked through those issues, but
he was still hesitant to submit a nominee. He stated his opinion that this was an
isolated incident and there is no need to change the rules. He stated had he
been approached on it, rather than other Council members seeking to nominate
someone out from under him.
Council Member Dunn stated his opinion that a quorum is by members, not
by slots.
Ms. Irby disagreed with this opinion stating [hat a quorum is not defined by
the State of Virginia the same way it is defined under Roberts Rules of Order.
She stated if a full commission has seven members, then a quorum is four.
Council Member Dunn stated liaisons are not needed because the role is
only to provide a link but in the code a link is not defined. He stated that
currently there is no information that is shared other than the staff provided
Town Council Work Session of June 21. 2010 Paoe 14
monthly report. He stated the change that is being suggested adds no more
teeth to requiring attendance than what is already there because the wording
used is "to expect" and the expectation is on the Council, not the individual
Council member. He reiterated that this is not necessary and added his feeling
that to take away a Council member's ability [o provide a nominee is completely
out of order. He expressed his agreement with removing #8 as it is a way to
shut out minority or dissenting view points. He stated his preference fora 90
day period to fnd a replacement commission member.
Council Member Martinez stated the commission seats are not owned by a
Council member and if a commission consists of seven seats, then a quorum is
four. He stated that Council Member Butler is trying to ensure that there is
always the potential for a quorum. He stated he appreciates the extension to 60
days.
Mayor Umstattd stated she would likes the change in 2-193. She stated she
likes the 60 days and that #8 will be deleted. She stated if a Council member
knows they will not make at least 50% of the meetings, they should not
volunteer as a liaison.
2. Items }or Future Council Meetings
a. Council Member Martinez suggested that town employees be allowed to
telework on Code Orange days.
b. Council Member Wright requested that Planning bring back a memo with an
initiation for a zoning text amendment for Floodplains. He noted that the Watertord
developments can comply with the Federal Emergency Management Administration
(FEMA), but not with the Zoning Ordinance.
c. Council Member Butler stated that the Tech Commission will be coming to
Council with a proposal to fund a person to do the video stuff for the Boards and
Commissions. He noted [he TV Production instructor from Monroe Technology
Center has students lined up and the cost would be about $10,000 to cover all the
Boards and Commissions.
d. Council Member Reid requested a memo regarding the Tally Ho. He
suggested a work shop on Boards and Commissions.
e. Council Member Dunn requested recognition of Special Olympians at a future
Council meeting. There was consensus that this would be limited to Leesburg
residents.
Council Member Reid requested that resolutions A, C, E, F, and G be put on the
Consent Agenda for Tuesday night.
There was Council consensus for A, E, F and G.
3. Closed Session
On a motion by Mayor Umstattd, seconded by Council Member Butler, the
following was proposed:
MOTION
Town Council Work Session of June 21 2010 Paoe 15
Pursuant to Section 2.2-3711(A) (29) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting for the purpose of discussion of
a Contract with regards to the Mason Enterprise Center.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
The Council convened in closed session at 11:48 p. m.
The Council reconvened in open session at 12:14 a.m., Wednesday, June 22,
2010.
On a motion by Mayor Umstattd, seconded by Council Member Martinez, the
following was proposed:
MOTION
In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council
certify that to the best of each member's knowledge, only public business
matters lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act and such public business matters as were identified
in the motion by which the closed meeting was convened were heard, discussed
or considered in the meeting by Council.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
4. Adjournment
On a motion by Council Member Martinez, seconded by Vice Mayor Hammler,
the meeting was adjourned at 12:15 a. m., Wednesday, June 22, 2010.
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Clerk of Council;
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