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HomeMy Public PortalAbout2010_tcwsmin1012Council Work Session October 12, 2010 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Kristen Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammler, Marty Martinez, Kevin Wright and Mayor Kristen Umstattd Council Members Absent: Ken Reid. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Planning and Zoning Susan Berry Hill, Director of Public Works Tom Mason, Director of Plan Review Bill Adman, Deputy Director of Capital Projects Renee Lafollette, Senior Engineer Paul Webster and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Work Session Items for Discussion a. Green Energy Plant Mr. Wells stated this project is moving through the County's process and there has been interest on the part of the Council in terms of examining the feasibility of providing treated water from the wastewater treatment plant. John Andrews stated they were approved in April and are going through the air permitting process with the Department of Environmental Quality. He stated he has been meeting very cooperatively with staff over the past 12 months to work on locating the lines for the gray water and the overall environmental issues of utilizing gray water. He stated that Loudoun Water is getting accolades and awards for their reuse of water. He stated he would like to start working on timelines because water for the cooling is an important aspect for the overall project. Further, he would like to be in a position, if more stimulus funds for infrastructure are released, to take advantage of them. Mr. Andrews stated he has another rezoning pending before the county for 200 acres around the site for 3 -5 million square feet of data center park. He stated it is important to work to create a draft memorandum of understanding so they can move ahead to the next step. Vice Mayor Wright questioned what Council needs to do to develop the timelines. Mr. Wells stated the report back to Council will be at one of the November sessions so that Council can feel comfortable with the state regulations with regards to nutrient loading, etc. Council Member Hammler stated that Council is very interested in working with Mr. Andrews and she appreciates the staff involvement at this 11Pagc Council Work Session October 12, 2010 time. She verified staff does not have an estimate of the potential annual revenue. Further, she questioned whether this is considered an unsolicited proposal, or is it not required to be competitively bid? Mr. Wells stated the town will not be selling an asset. He stated language could be included in the MOU that would cover whether another entity wanted to purchase effluent. Council Member Hammler asked for that information to be included in staffs analysis. Council Member Butler questioned when the Power Plant is expected to go on line. Mr. Andrews stated they could receive the DEQ permit by first quarter, and possibly come on line 2014 -2015. b. Election Date Change Council Member Hammler stated that Council Member Reid requested information from the county on redistricting. Mayor Umstattd stated there are some drawbacks to being represented by one member of the Board or General Assembly. She stated currently the town has three votes, if you include the At Large representative. She questioned whether Council wants to bring this subject up with County. Vice Mayor Wright suggested that without understanding the context and issues, the Council is not prepared to figure out how and when to weigh in on this matter. Ms. Price stated whatever Council decides, the Registrar's office will implement it. She stated this was presented as a cost saving opportunity since the State Board is increasing the costs to the Counties, which in turn will be passed along to the towns. She stated the cost of any election is going to go up. Vice Mayor Wright stated his research showed that while the voter turn out in jurisdictions such as Blacksburg increased, the number of voters voting for the local elections did not substantially change. He questioned what the timeline is for redistricting. Ms. Price stated the Registrar's office suggested creating one Leesburg District because there are so many voters but the census information is not expected until December /February. She stated the districts have to be set by May 31. 2IPage Council Work Session October 12, 2010 Vice Mayor Wright verified that voters would only have to wait in one line in order to vote. He questioned whether it causes problems to be doing the election date change at the same time as the redistricting. Ms. Price only requested that the submission be made to the Department of Justice by November 1. Ms. Irby stated the town cannot make the November 1 deadline because of the advertising requirements imposed by the Department of Justice. Council Member Hammier stated she supports those who support the November election. She questioned even versus odd numbered years stating that even would give wild fluctuations in voter turnout depending on whether it was a presidential election year. She stated November is when voters are used to voting and many employers will give time off to vote in November, which is another logical, rational reason to move the elections to November. Council Member Butler stated the amount of money is $17,000 per election, which is not a significant amount over a two year period. He expressed disappointment that the deadline for getting DOJ approval by December 1 has passed. He stated he is not interested in moving the date of the elections because the goal is to get the best candidates for Council as possible. He stated those who come out in May are coming out to vote for the town elections. He stated those who run in November, will have to be on a sample ballot or not be elected. Council Member Dunn quoted John Adams by saying "facts are stubborn things and whatever may be our wishes, our inclinations, or dictates of our passions, they cannot alter the state of facts in evidence He stated numbers can be spun to make a point and Blacksburg cannot be compared to Leesburg because of the university students. He questioned the drop off in votes from the front to the back or the top to the bottom of the ballot. Ms. Price stated it is not unusual and they are emphasizing to the election officers to tell the voters to turn over the ballot. Council Member Dunn noted that local elections may not end up on the back of the ballot, but it will depend on the number of candidates and how many offices are to be filled. Council Member Martinez stated he is not supportive of November, but he added that if the Council decides to go to November, he would want it to be in odd years. Mayor Umstattd questioned the requirements for ballot and font size. 31Page Council Work Session October 12, 2010 Ms. Price stated the best size for a ballot is 8 '/2 x 11, but some ballots are legal size. She stated the ballot for the 2007 election was 8 '/2 x 17 because there were 27 races and bond questions. Mayor Umstattd questioned whether Council races would fall below county bond issues or be above them on the ballot. Ms. Price stated the ballot for Hillsboro shows the House of Representatives race and the three constitutional questions on the front page with the school bond and the Hillsboro Council on the back. Council Member Hammler questioned whether that is by state code or if there is a way for the town to request being on the front of the ballot. Ms. Price stated the constitutional questions come first because they are state mandated. Council Member Hammler requested that Ms. Price find out if town elections can be shown before bond issues or referendums. Council Member Dunn verified regardless of where items fall on the ballot, the drop off is minimal. Ms. Price stated as you go down the ballot, the number of people who don't answer a question or vote for a particular race increases, but there is no study that shows the numbers. Council Member Hammler stated her strong feelings, particularly with the significant number of citizens who have weighed in on the issue, that Council should vote on this. She stated she will be requesting an amended agenda for Tuesday night to include a vote on the election date change. She stated the change may not be accomplished by 2011, but she would support a resolution to change for a November election in 2013. She stated she would support an odd year because it would eliminate some of the significant voter number swings that would occur during presidential election years. Council Member Butler stated his preference for no change, but if Council were to suggest a change, he would agree that odd years would be better for the reasons that Council Member Hammler mentioned. Council Member Martinez questioned whether there is a majority of Council that wants to change the election date. Mayor Umstattd stated there are at least three members of Council that would like to vote and they have a right to ask for a vote. 4IPage Council Work Session October 12, 2010 Council Member Dunn stated he spent the better part of two days looking into why the elections are held in May rather than November. He stated he was surprised by what he found out. He stated the reason Council has given for voting in May instead of November was to protect the localities from the partisanship of November elections. He stated the partisanship did not exist when that decision was made because there were no parties involved, but in actuality, most citizens were not allowed to vote for national candidates. He stated, from what he can surmise, the reason for having the elections in May was to keep the voter who is voting in local elections where they could vote, to not mix up with the landed elite that were voting in November for national candidates. He stated Virginia has a very long history of disenfranchising voters. He stated the first people who landed here allowed only seven people out of 105 to vote for who would be the president of Jamestown and from there, the founding fathers required that voters have land or property, which would only be white men. He stated that prominent Virginians, such as Madison, Monroe, Marshall, and Tyler had an opportunity at that time to allow white men to vote that did not have property but they chose to turn that down. He stated it was not until 1851 that unlanded men could vote and did not include women, African- Americans, native Indians and even some religious organizations. He stated the 12t amendment of the Constitution that created the electoral college was supported by Virginia because it put distance between the people who really vote and those that actually make the decision on who is going to be president. He stated that citizenship and the vote for black Americans (the 14 and 15 amendments) was actually rejected by Virginia in 1867 and finally passed in 1869 only when there was an agreement that Virginia would be able to elect white republicans to be in Congress. He stated that Virginia actually created black registration books in the 1870s, racial gerrymandering in the 1880s, that even goes on in some places in Virginia today. He stated in 1894, the Walton Act removed party names from the ballots which ended voting for most blacks in Virginia. He stated in actuality there are voters who are looking for that identification because that is the best way they can represent that candidate has some common interest without knowing all the details. He stated in 1902, the fourth Circuit Court noted that the State Constitutional Convention was disenfranchising many impoverished people including most blacks. He stated that Virginia did not vote for the 17t amendment in 1913, which changed senators from being chosen by the legislature to being chosen by national vote. He stated that Virginia did not approve the 19t amendment until 1952 to allow women to vote while the rest of the country approved it in the 1920s. Council Member Dunn stated that many of his colleagues are not interested in this information for the same reason that they want to continue to disenfranchise the voters in Leesburg, but this is the history that Council has the chance to change. He stated that Virginia has a tough history when it 5IPage Council Work Session October 12, 2010 comes to voters and Council can continue that history or decide to take a part in changing that history. He stated in 1966 when the Supreme Court ruled against Virginia in Harper versus the Virginia Board of Elections, Virginia would not ratify the outlawing of poll taxes until 1977. He stated that is not so uncommon because until recently the republican party required payments to be able to vote in primaries. He stated until recently, Virginia was only one of two states that disenfranchises felons who have served their time. Mayor Umstattd stated she is not in support of having felons vote. Council Member Dunn stated the felons have fulfilled their responsibility to society and only Kentucky and Virginia do not allow them the right to vote. He stated Virginia has litigated three times against the National Voter's Right Act. He stated Virginia has 18 objections against the Voter's Right Act, which is the most of any state. He stated Virginia does not have a proud history of allowing people to vote and vote conveniently. He stated that choosing odd years is just a cop out. He stated even years would give the most people the right to vote. He stated he will be bringing a resolution forward tomorrow night to move the election to even numbered years in November to allow for the most people the opportunity to vote when it is convenient and easy for them. c. VDOT Sycolin Road Flyover Plans Deferred to Joint Board of Supervisors Meeting. d. Joint Meeting Agenda with the Board of Supervisors Mr. Wells stated the VDOT Sycolin Overpass will be part of the discussion at the joint meeting because of its impact as both a county and a town project. Further, he stated VDOT will be giving a short presentation at the Monday meeting with the Board of Supervisors. Mr. Wells stated there are three items on the list, two of which were identified at an earlier meeting and the third item is the Sycolin Overpass. He stated the School Resource Officers (SROs) and funding for Balch Library had been previously identified as issues that the Council wanted to discuss with the Board. Further, he noted there will be a limited amount of time since the Board has a public input session following the joint meeting. Vice Mayor Wright stated the Council needs to select one of the support services provided by the Town and focus on that because of the limited amount of time. He stated his opinion that the SROs are the item that Council should focus on. Council Member Hammler suggested only having one item on the agenda the SROs. Specifically, she stated it is important for the town to point out that we will be having to make some significantly difficult decisions 61Pagc Council Work Session October 12, 2010 with respect to the budget this upcoming fiscal year. She stated the town has been subsidizing the county for a program that they provide for every other school in the county at a lower cost than the county. Further, she noted the town has been cooperative in allowing so many opportunities for schools to be built in the town. Council Member Butler stated he agrees that the SROs are an important subject because this is a penny on the tax rate. He stated resolving the issue of Raspberry Falls is an important topic as well. He stated he is not necessarily advocating that the town solve the problem, but it would be helpful to discuss this Council Member Hammler stated she does not support adding this to the agenda. She stated the agenda is too long and her feeling that this would fit into what the annexation committee is already working on. Mayor Umstattd stated her agreement. She stated she likes the idea of focusing on the SRO issue and possibly trying to accomplish something there. Council Member Dunn stated he did not know that they would be limiting what would be discussed since this is the first meeting in over two years. He stated he is disappointed to hear that only one thing will be on the agenda since there are so many things on the list. He stated he has been talking with the people in Raspberry Falls for over a year. He stated one of the biggest issues for the town is finding additional customers for the utility department. He stated there are people on Council who voted to expand the plant, but continue to vote to not expand the customers for that plant. He stated there are people interested in buying water, so the town should be open to discussing with the county how to make this happen. He stated the town cannot address the concerns unless they are willing to discuss it. He requested this be added to the agenda. Council Member Martinez stated he does not think addressing this issue at the meeting with the Board of Supervisors is the best way to step forward. He suggested forming a small committee with the stakeholders to discuss possible solutions. Further, he stated the town needs to be careful of what is asked for. He expressed concern that the town should not be dictatorial going into the discussion. Vice Mayor Wright stated the town needs to make a solid, informative pitch of what the town's SRO program encompasses and what the costs are and how those costs compare to the County's costs so the County can see how fully reimbursing the town will save them money over having to provide the service themselves. 7IPage Council Work Session October 12, 2010 Further, Vice Mayor Wright stated he thought the next step in the Raspberry Falls issue is that we are awaiting test results. He stated this is the county's service area and there needs to be mutual agreement to change the service area if that is the way everyone wants to go. He stated he has no problem with providing expertise from within our own utility department to help solve the problem, but if there is a way to get revenue that does not cause a cascade of other problems, that discussion will not occur until the county agrees that Raspberry Falls is no longer their service area which means that LCSA has to acknowledge that there is a problem and it is a problem that they cannot fix. Council Member Hammler stated she would like to respond to Council Member Dunn's point. She stated she could see how someone might want to load up the agenda and talk about everything, but from a communications stand point, that is not ultimately effective. She stated she could support a short quarterly meeting to keep the dialog going. She stated she does support seeking additional customers, but it her fundamental concern is that this needs to be part of the strategic annexation discussion. Council Member Dunn stated that the County can provide SROs cheaper, per capita, than the town. He stated he wants to look at opportunities to maximize the utility department by selling water to other places. Council Member Hammler stated she does not want to get into a discussion of extending water outside town boundaries. Council Member Dunn stated it is easy to say "no but the town needs to just go forward to establish a group to discuss the options. Mayor Umstattd stated there is a serious public safety reason to have Leesburg Police Officers in the Leesburg schools because it helps them understand the dynamics in the neighborhood at the end of the school day. She stated she fully supports the idea that the county should reimburse the town 100% for the middle and high school officers. She stated if the Board and the Council get into a discussion of the water issues, nothing else will get done. She stated this issue cannot be solved in one night and she does not want to detract from other important issues like SROs. She stated with respect to the water issue, it is her understanding that Loudoun Water can provide water to Raspberry Falls more cheaply than Leesburg and if Leesburg is going to get into the issue of trying to find more customers, she would strongly argue that any arrangement be a short term arrangement. She stated building a plant to meet future capacity normally takes five years and the plant was expanded because future growth was anticipated. She stated her concerns with entering into a longer term arrangement with any other 81Page Council Work Session October 12, 2010 customer outside the town because that extra capacity will be needed very shortly for the areas that are already within the town's service area. It was noted that Davenport will be reporting on the water /sewer capacity and likely development scenarios at the next work session. Council Member Butler agreed that before the town looks at getting new customers, the town needs to ensure that the utility department can serve the current service area once completely developed. He noted that another expansion was originally planned, but is on hold because development has slowed. He stated he does not see Raspberry Falls being a huge revenue stream because of the number of customers involved, but an issue of health, safety, and welfare. Council Member Dunn expressed his belief that there is enough capacity at the utility plants to handle a small community like Raspberry Falls. Vice Mayor Wright summarized that the majority of Council would like to discuss the Sycolin Road Overpass, legislative items, SROs, and introduce the subject of Raspberry Falls and how the town and county can work together to discuss utility issues. Council Member Hammler suggested mentioning a funding level of $50,000 for Balch Library. She noted Balch provides free recertification training for Loudoun County public school teachers. e. Parking Garage Cost Analysis Mr. Wells stated this was an item that was discussed at a previous meeting and Council Member Butler requested conversation on this item in terms of identifying what the net revenue loss would be if parking were free in the garage with the exception of the basement. He stated the bottom line number is $46,000 on an annual basis. Council Member Butler stated he brought this up to address concerns downtown over taking away parking spaces for the sake of other issues. He stated there is a lot of enthusiasm for making the garage free because it was felt that would at least reinforce the idea that parking is not just for town employees, but for everyone all the time and it is always free. He stated $46,000 is a relatively small amount to give people the opportunity to come downtown easier. He stated parking signs on the street would also help. He proposed that once the free holiday parking starts, that it just be continued through the end of the fiscal year so that Council can discuss this in a more formal way during budget discussions. 91Page Council Work Session October 12, 2010 Council Member Wright stated the last time making the garage free, feedback from the downtown community did not feel it was the best idea. He stated his concerns would be that the entire first level would be filled all day with local business owners and employees at those businesses. He stated if the parking is free, there needs to be a way to ensure that customers are on the first level. He stated in Tysons Corner, the property management group cones off sections of parking for the first couple of hours of the day. He stated his other concern is that people with basement parking are not parking in the basement. Council Member Hammler stated it is imperative to fix the garage signage and suggested banners that let people know that there is free parking. Council Member Dunn suggested having the parking garage arms for the basement. He also stated his support for an automated system throughout the town for parking. He stated it would look better to have the single kiosks rather than the meters at each space. He stated he cannot support free parking on the streets and suggested adding some spaces on the streets where they are wide enough. Mr. Wells stated he would need authorization to extend the free parking to the end of the fiscal year. He stated he can lay out specifics on how the signage would be changed, both in the garage and on the street. He stated staff is also looking at safety and lighting improvements. Council Member Dunn questioned whether automated systems have been investigated for the garage. Mr. Wells stated that staff is still looking at cost effective automated systems and will be brought back regardless of whether the Council decides to extend free parking through the end of the fiscal year. Council Member Dunn questioned whether automated parking can be added in prior to the downtown improvements. Mr. Wells stated it most likely need to be done in phases because not all of the sidewalk improvements will occur at one time. Council Member Martinez stated the parking issue has a lot to do with signage. He suggested signage that lets people know that there are open spaces on the upper levels and that there is an elevator. He stated he is not in favor of free parking for the entire year, but is in favor of looking at better advertising for the parking garage. He stated there are some spaces that are dark and need to be better lit. 101Page Council Work Session October 12, 2010 Vice Mayor Wright requested that this be brought forth as part of the fee study. Council Member Hammler requested input from members of the downtown. Council Member Butler stated he would like to add a resolution to the next regular meeting that would extend the free holiday parking through the end of the fiscal year. Mayor Umstattd stated her feelings on this are mixed; however, she does not like the gate at the parking garage as it is an impediment. She stated she likes the idea of using cones to reserve spaces for customers. Council Member Dunn suggested an automated solution rather than having staff place the cones every day and remove them. f. Zoning Ordinance Text Amendment Parking Fees (Residential Buyout) Susan Berry Hill stated a local builder approached several members of Council with the idea of amending the Zoning Ordinance to allow for parking fees in lieu of providing on -site residential parking in the downtown area. She stated currently the ordinance does not allow for that option as it is strictly for non residential uses. She stated there are a number of breaks in the ordinance for non residential development such as shared parking, payment in lieu, reduction of required spaces for proximity to a parking facility. She stated the question is should the ordinance be amended to allow for a break for residential development in the downtown. Mayor Umstattd expressed concern that this will cause more requests for permit parking restrictions on residential streets. Further, she stated it may lead to a need to charge more per parking space. Mr. Wells stated Council needs to look comprehensively at the overall parking rates and decide whether to adjust it for residential. Council Member Martinez stated he has no problem looking at this change as it may be a way to bring more people downtown. Vice Mayor Wright stated he likes the concept, but the payment in lieu amount needs to be fixed as it has not been changed in many years. Council Member Hammler stated she supports moving forward and agreed that greater residential density downtown would increase foot traffic and diversify the downtown base. 111Page Council Work Session October 12, 2010 Council Member Butler stated it is less about adding things downtown, than creating opportunities for adaptive re -use of space. He agreed that the payment amount needs to be reviewed. Council Member Dunn stated his support for investigating this further. He stated in certain residential areas parking meters could be put in for daytime parking. He stated the residents could be given passes so they would be exempt from using the meter. g. house. CIP Update Rt. 15 Widening /Linden Hill/ Virt's Corner Kaj Dentler stated this is an update regarding these projects. Council Member Dunn questioned how quickly the access road for Linden Hill could be installed. Mr. Dentler stated it is being designed now with the road going around the house. He stated it will take approximately six months to get the design approved and then it will need to be bid and constructed. He estimated about a year until completion assuming purchase of the home is completed. He noted that there is no need to construct it before the widening of Route 15 is completed. Vice Mayor Wright questioned the status of acquisition of the house. Ms. Irby stated the realtor has related the offer is with the bank. She stated the town has done a letter of intent that will expire at the end of October. She stated the bank has not countered and she is not hopeful that they will before the deadline of the letter of intent. She stated she will need additional guidance and authority from Council to negotiate past the $375,000. Mr. Dentler stated the estimated cost of design and construction of the access road is $600,000. He stated until the design is completed, staff will not ask for an appropriation of money because the amount is not clear yet. Vice Mayor Wright stated the approval included a "not to exceed" figure which included acquisition of the house. Ms. Irby stated that Council voted to offer up to $375,000 for the Vice Mayor Wright stated the risks that may cause the expectation to change is the town may not be able to acquire the home for the price that was expected. He stated he does not feel the design will pass muster from a safety standpoint and he questioned the practicality of the design due to stacking in the turn lane. 121Page Mr. Dentler stated Mr. Ackman has been involved in the design. Mr. Ackman stated they had not. Mr. Wells stated the extra turn lane was added because of Mr. Gilliam's concerns of backup in the turn lane. Council Work Session October 12, 2010 Mr. Ackman stated there are multiple factors to be taken into account. He stated if the road were shifted and the house was removed, there would be more space for stacking. He stated any design that is approved will meet all safety standards. Vice Mayor Wright questioned whether trip generation numbers had been obtained. Council Member Hammler questioned whether Mr. Gilliam's video footage had been viewed. Council Member Hammler stated if the turn movement does not prove to be practicable and useful for the Linden Hill residents and will only result in difficulties for the residents of Country Club, then now is the time to let Council know. Mr. Ackman stated it will depend on the driving habits of the users. Mr. Wells stated the high priority on the preservation of the house puts a lot of stress on the design. He stated if the house could be removed, it would create more space to stack cars. Vice Mayor Wright stated he is concerned that the access road may not serve the function it is intended to serve. He stated a traffic study to see if the road is function is necessary. Mayor Umstattd questioned if the backup is going all the way to 3 Country Club, does it make a difference where the access road is located? She stated her preference not to renege on this vote. Council Member Butler stated if it can be built the way it is shown and the house can be resold, that would be great. He stated his assumption that once Meadowbrook is completed, the middle lane will become both left and straight. Mr. Webster stated once Battlefield Parkway is completed there will be more right turns than left turns. 131 1 3 ag Council Member Butler questioned the cost of the Virt's Corner project. Council Work Session October 12, 2010 Mr. Wells stated he will get the numbers for Council, but this is not a town only project and VDOT has provided funding. He stated it is also a priority of the County. Council Member Butler stated once Battlefield Parkway is built, Masons Lane will become a cul -de -sac at Evergreen Mill Road. He stated his concern that this may not be a necessary improvement once Battlefield Parkway is constructed. Mr. Ackman clarified that there will be a connection to Meadowbrook from Masons Lane. Council Member Dunn questioned when the traffic study on Country Club Drive will be completed. He cautioned on moratoriums on foreclosures as that could hinder the town on moving forward. He questioned whether the church at Virt's Corner has been notified of the improvements. Mr. Dentler stated there were no previous plans to do a traffic study, but based on tonight's comments, counts will be scheduled. He stated there are five properties that will be affected by the Virt's Corner improvements and the notification process will be started shortly. Council Member Dunn stated even if the house at 1 Country Club needed to be demolished, he would not recommend moving the access road further west on Country Club because it would impact the neighbor. He stated he would like to keep the road as far east as possible. h. CIP Easement Process deferred i. VML Verbal Update deferred 2. Items for Future Council Meetings Mayor Umstattd stated the I Have a Dream Committee, the organizers for the Martin Luther King march, is going to come and request that the town seriously look at setting memorial plaques or stones in the sidewalk between the old courthouse and the Douglass School to commemorate the march and the route of the march. She requested this be discussed at the next meeting so it can be in place before the march in January, if Council is agreeable. 141Page Council Work Session October 12, 2010 3. Adjournment On the motion of Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 9:56 p.m. Clerk 2010 tcwsmin1 15 (Page