HomeMy Public PortalAbout2011_tcwsmin0222Council Work Session
February 22, 2011
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, Ken Reid, Kevin Wright and Mayor Kristen Umstattd.
Council Members Absent: Council Member Dunn arrived at 7:57 p.m.
Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler,
Town Attorney Jeanette Irby, Director of Planning and Zoning Susan Berry Hill,
Deputy Director of Planning and Zoning Brian Boucher, Zoning Administrator Chris
Murphy, Director of Plan Review William Ackman, Director of Public Works Tom
Mason, Deputy Director of Utilities Aref Etemadi, Comprehensive Planner David
Fuller, Library Director Alexandra Gressitt, and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. Work Session Items for Discussion
a. Stormwater Management Presentation
Mike Rolband of Wetland Studies and Solutions gave a presentation on
the new Federal regulations regarding waste water and storm water treatment
and how they affect the town. He stated each state has to provide a Watershed
Implementation Plan (WIP) outlining their plans to meet the Total Maximum
Daily Load (TMDL) allocations. He stated the Phase I WIPs allocated
pollutant loads by river basin and the Phase II WIPs are due November 1,
2011 and will allocate pollutant loads on a local scale. Further, he noted that
Phase III WIPs will provide additional detail of restoration actions beyond
2017.
Mr. Rolband stated that new construction must cause no increase in
pollutant loads from a generic pre development acre based on the mix of
projected land to be developed for Virginia's Chesapeake Bay watershed and
redevelopment requires a 20% reduction in phosphorus (and associated
nitrogen and sediment). He stated the EPA will be updating the surface areas
for creation of the Phase II WIPs, which could mean that loads, reduction
requirements, Best Management Practices (BMPs) and cost could nearly
double.
He displayed the Impervious Surfaces Map for Leesburg. He stated
there are two parts to this issue, one is storm water and the issue is how much
impervious area is there in town.
Council Member Hammler questioned whether people can get tax
breaks for making their driveways pervious.
Mr. Rolband stated he was not aware of a program to allow this;
however, people could convince Congress to change the laws.
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Council Work Session February 22, 2011
Mr. Rolband stated that the EPA has threatened to suspend all permits
(wetlands, MS -4, etc.) if a jurisdiction does not comply. He stated they can
theoretically stop any new construction.
Council Member Reid noted that the state of Maryland has complied
with the regulations, so some states are not fighting.
Mr. Rolband clarified that Maryland is the only state that has not been
fighting and all the others have been doing what they are supposed to do so far
because of the threats by the EPA.
Council Member Butler noted that the bottom line is it is not the
Federal government that caused the Chesapeake Bay be as polluted, so they
should not have to pay to clean it up.
Council Member Reid noted that the onus is being put on local
jurisdictions when it should be put on the big polluters like chicken farms and
big agriculture.
Mr. Rolband cautioned the town to preserve their extra flow allowances
or the EPA will take them away.
Council Member Hammler questioned where the proof is that
reduction in the nutrient levels will solve the problems in the bay.
Mr. Rolband noted that National Harbor has completely turned around
after improvements to Blue Plains and other plants with vegetation that has
come back to the levels in the 1950s.
Council Member Hammler stated there is a burden of proof that the
Federal Government needs to provide that shows Leesburg caused the
problem.
Mr. Rolband noted that when the sewage plant was improved, there
was dramatic improvement in that small area, but in terms of the whole bay
there are studies that show a direct correlation between water quality and
nitrogen and phosphorus discharge. He stated you can see in every stream in
the area the negative effects of development with incredible turbidity even in
streams in undeveloped areas.
Council Member Hammler stated she needs something to point out
cause and effect that would require us to spend money to improve stream
quality.
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Council Member Butler suggested trade -offs of nitrogen for phosphorus
noting if the town can trade 21,900 pounds per year to someone else, there
should be a net gain.
Mr. Rolband stated there are all kinds of things you can do, but they are
not free. He noted that things like porous pavements, rain gardens, bioswale,
infiltration and filtering practices, cisterns, and green roofs have to be cost
effective. He stated that the bay wide average the cost per pound of
phosphorus reduction is about $33 million which would work out to roughly
$800 per person which includes operation, maintenance and debt service.
Vice Mayor Wright noted that figure only includes stormwater and
wastewater is an entirely different set of costs.
Council Member Butler stated that $33 million is over 30 years, comes
out to be about $26 per person per year.
Mike: Solids, phase II needs more information. There is a proposal for the
impervious urban areas to reduce sediment load by 80 The only places I can
think of in the town is sand on the road or stream erosion, so this will have to
be teased out in phase II. A lot of streams have been piped. You may be
tagged with sediment levels when you don't have that much stream erosion.
Mayor Umstattd questioned whether localities will start piping their
streams or would it be cheaper to plant things on the banks to prevent erosion?
Mr. Rolband stated the Department of Environmental Quality (DEQ)
would have to permit piping. Further, he noted that Fairfax County is
spending a fair amount of money restoring streams. He noted that the town
will need to slow the flow of water into the streams down, filter and reuse
storm water. He stated that wet ponds and dry ponds help, but they need to be
retrofitted to improve performance as the design standards used during their
construction are not good compared to what is used today. He stated that the
three main ways that localities can get money for these improvements are (1) a
service district with a fee.
Mayor Umstattd stated the public needs to be informed why they will
need to pay this extra fee.
Council Member Hammler agreed that this needs to be communicated
to the public. She stated it sounds like the town needs to take legal action. She
questioned who would represent localities.
Ms. Irby stated that the Virginia Attorney General represents the town,
but the state signed a settlement agreement after fighting for years.
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Council Member Hammler questioned why this is not the state's
responsibility based on the fact that the state took responsibility for it?
Ms. Irby noted that at some point, the costs will be passed down to the
localities.
Council Member Hammler questioned whether anyone has done the
research to see if the town is taking on an unfair responsibility. She questioned
why the town can not go back retroactively after developers who are
responsible for the problem.
Council Member Dunn arrived at 7:57 p.m.
Council Member Hammler stated she would like to look at the impact
of the paper used to print these regulations. She stated this needs to be
documented because it is part of the systemic problem.
Mr. Rolband noted that the storm water regulations are more fair. He
stated by changing the outlet structures, there will be improvement in the
downstream water quality. He noted the big debate is should it be pre colonial
or pre development hydrology that is the goal.
Ms. Irby noted that there is plenty of literature on how Leesburg looked
in pre colonial times.
Mr. Rolband noted that the Executive order states that we have to
maintain pre development hydrology with respect to volume, temperature, and
rate.
Mayor Umstattd thanked Mr. Rolband for his presentation.
b. Hybrid Energy Plant Memorandum of Understanding
Jeanette Irby stated this is a Memorandum of Understanding (MOU)
between the Town of Leesburg and Green Energy Partners for the sale of
effluent. She stated she has no information on how much it will help the issues
with respect to the presentation on storm water regulations, but it will certainly
help.
Ms. Irby stated she has been working on the MOU with Mr. Minchew,
the attorney for Green Energy Partners. She stated they agree to buy effluent
at $1.35 for 1,000 gallons. She stated the MOU governs the understanding
between the parties with respect to who will build the line. She stated they will
build the line, and the town will be responsible to maintain it. She stated the
cost of the infrastructure will be absorbed by the sale, so they would earn back
at a certain ratio the amount that they invested in the infrastructure. She noted
with this agreement, there is no capital outlay for the town with the cost
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February 22, 2011
deducted from what they will pay for the town. She noted that other localities
have paid for the infrastructure up front.
Council Member Martinez noted that the town is paying for the line
out of revenues it would not have had if this agreement did not exist. He
stated over time the town will start seeing revenue.
Ms. Irby noted there is a savings of not having to treat the effluent that
is discharged to the plant.
Mayor Umstattd questioned whether this is how the EPA and the state
will view this sale of effluent.
Ms. Irby stated there is no guarantee; however, it does reduce the
amount of water discharged into the Potomac. She stated the only concern is
if the power plant cannot take the effluent, the town cannot lose its ability to
discharge into the Potomac. She stated there is a certain level of commitment
from Green Energy Partners as to the level of effluent they will be able to use.
She stated if they are unable to use that level, there are notice provisions.
will be.
Council Member Dunn questioned what the estimated cost of the line
Mr. John Andrews, Green Energy Partners, stated the line will cost
approximately $3.2 million, but that all depends on the detailed engineering,
final alignment, soils, etc. He noted the repayment of the line will be
amortized over 20 years, so there will be a revenue stream from Day 1. He
noted there would be no interest on this.
Council Member Butler stated it would be valueabe if staff and Green
Energy Partners could work together to get revenue estimates the town will
expect to see over 10 years. He stated this will be very helpful for the Utility
Fund.
Mr. Andrews stated this MOU is laying out the points that they would
like to work towards and a contract will be forthcoming.
Council Member Reid questioned whether there are any down sides to
this agreement for the ratepayers.
Ms. Irby stated the risks would be if DEQ takes away the town's
discharge capacity because the town does not need it anymore due to this
agreement and then the energy plant no longer purchases effluent, for
whatever reason, the town would have effluent with no way to discharge it
into the Potomac.
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Council Member Reid stated a policy needs to be looked at on what to
do with the income. He stated he does not want a situation where the income
is used to keep rates artificially low.
Council Member Dunn questioned where the four million gallons per
day figure comes from.
Mr. Andrews stated the equipment will be designed to take more if the
town produces it, but the four million gallons per day is the minimum figure to
finance the project.
Mr. Andrews stated he had representatives of DEQ meet with the town
to reassure them that the state would not lower or revoke discharge permits if
the localities try to reuse water. He noted that reducing discharge will lower
the town's cost for removing nutrients with respect to the upcoming
regulations.
c. Stonewall Secure Business Park County Referral
John Andrews stated this was all part of the power plant application,
but two years ago, they broke this section off for a data center park. He stated
the Loudoun Water and Luck Stone properties have been rezoned MR -HI. He
stated the power plant is zoned PD -GI. He stated they are looking to locate a
data center park next to the power plant.
David Fuller stated the staff report outlines some transportation and
open space issues, but this is the county's decision regarding what types of uses
they would allow in the transition zone.
Vice Mayor Wright questioned why staff is silent on off -site
improvements to Crosstrail Boulevard.
Mr. Andrews stated the application is very fluid and a lot of things have
changed in the past few weeks. He stated they are proffering regional road
contributions.
d. URAC Update
i. Committee Report
Aref Etemadi introduced Dan Connelly, spokesperson for the Utility
Rate Advisory Committee (URAC).
Mr. Dan Connelly stated the URAC's recommendation is to adopt the
unofficial policy that the town uses. He stated currently when someone calls
and says they are snowbirds, the town works with them on a case by case basis
and adoption would formalize this procedure. He noted they struggled to
handle this subject without making changes to the rate structure. He stated
this solution would be temporary.
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Vice Mayor Wright noted the URAC has several competing factors to
consider when making their recommendations, which is why they have not
gotten further in their recommendations.
Mr. Connelly stated they have been digesting the information so they
can begin to tackle the recommendations that Council requested. He stated
they will start working on the other recommendations, specifically the winter
quarter, at the next meeting.
Council Member Reid pointed out that the snowbird policy only affects
about 300 residents. He stated the elimination of the winter quarter discount
and irrigation meters will affect hundreds of rate payers. He stated that if
something is not done soon, they will be faced with higher bills during the
summer. He stated the mandate was for URAC to come up with a discount
for those users.
Council Member Hammler stated the Council directs the activities of
the committees.
Council Member Reid stated if URAC isn't able to come up with
something soon, staff will need to give Council some options of what can be
done.
Vice Mayor Wright stated that when he spoke with the committee last
week, they were struggling with what the priorities and were not sure how to
address the sewer billing issue without losing any money. He encouraged
Council to stop using term winter quarter "discount" and suggested that the
committee to see what the impact is and then see what can be done to address
that. He stated the committee have been getting a lot of base information and
legal background on how to go about making decisions that are fair,
reasonable, practical and ethical and are now ready to dive into these
particular issues. He stated their concern that there may not be a way to do a
policy that the utility fund can absorb.
Council Member Butler stated he is glad they dealt with the snowbird
issue first because it was an unintended problem Council caused. He stated
they went into the sewer rate structure knowing that it would be a problem.
He stated if the cost for some customers goes down, cost for others goes up
and he is under no illusion that sewer bills can just drop and the fund can just
absorb it.
Council Member Martinez stated he is glad to see that the committee is
working on these issues and realizes that they are very controversial. He
assured Mr. Connelly that the committee has Council's support because in the
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past this Council has lacked the ability to make sure the boards, commissions
and committees know what the Council expects.
Mr. Connelly stated they are looking at all the numbers because they
don't want to throw out anything arbitrarily.
Council Member Reid stated staff could have come back with a report
and presented Council with options. He stated he feels that Council is
throwing too much at a citizen committee and expressed his desire to have an
option that will not deteriorate the fund before summer. He stated it should
not be a problem to give people a break on their bills.
Mr. Wells stated the Council directed URAC to do this work and there
was a specific reason why URAC was directed to do the work. He stated he
would not want to be in competition with the URAC. He stated there is a very
specific policy direction as to why the Council is having a citizen committee
do this work and not have staff do the work.
Council Member Butler noted that while everyone is focused on rate
reductions for people who water their lawns, the flip side is that he does not
want to have customers who don't water their lawns come to Council with
questions about why their rates are going up 5% because people who water
their lawns rates are going down 20
Mr. Connelly assured Council that there are very vocal citizens on the
URAC who feel the same way.
Council Member Hammler stated she appreciates the report from the
Committee. She stated she finds herself in the middle of what is being
discussed because she agrees with Council Member Reid and what he is trying
to communicate. She stated she understands the process that Council directed
and appreciates the support of the citizen group because participation of
citizens is critical, but what is also important is just as Council has something
like this overall master plan in terms of what they are doing strategically, water
and the utility system is one of the most important services that the town
provides. She stated it is also a significant expense on par with the General
Fund tax rate which citizens pay, every quarter and what is missing is the
depth of a strategic understanding of the comprehensive agenda of what is
going to be addressed and when. She stated the overarching theme is
communication and if the town continues to do things piecemeal and different
Council Members communicating their own individual ideas, which do not
reflect the majority, and there are significant serious issues going on at the
General Assembly and all of this is a big public relations issue, at the very least
the town can have a plan in place where Council can communicate effectively
and communicate in unison and be able to understand who is working on
what and when and that it is being guided by the experts. She stated that
would facilitate getting Council where they need to go, which is working fast
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and furiously towards the analysis from a systemic perspective. Further, she
stated the town should be communicating the utilities the town provides are a
tremendous service at great value.
Council Member Dunn stated he has not been a very strong proponent
of the URAC, not to take anything away from the work they are doing or the
service they are providing as he welcomes citizen involvement. He stated he
takes umbrage with asking a citizen /volunteer committee to have no staff
guidance in coming up with this.
Mr. Wells stated staff is providing guidance to committee, not to do the
work for them, but to provide data so they can provide a recommendation
absent staff input. He noted there is a difference between being a partner and
directing the committee on a way to come up with a pre determined
conclusion. He stated this is the committee's discovery process and staff is
providing any data that they need.
Council Member Dunn stated he would like to see URAC be involved
in looking at cost cutting measures, management process within the utility
department, alternative revenue sources, actual development that is in the
foreseeable future versus proposed "pie in the sky" that is holding up the
town's ability to sell water to other areas because of capacity. He encouraged
Council to consider having URAC consider these other areas.
Mayor Umstattd stated with regards to the snowbird issue, she has a
few problems. She stated the way the town's current approach is described,
provides very little predictability for the customer. She stated she
fundamentally disagrees with one of the quotes from town staff that if
someone is away for three weeks of the year, the town should still be collecting
the higher rate on the summer usage. She stated it is not clear what standard is
being applied to snowbirds. She stated she also does not find any information
on how the town will communicate to citizens what the policy is. She stated
there should be an ordinance change which would require a public hearing.
Vice Mayor Wright stated what was described to him as the practice,
seemed to be fairly formal for requesting a calculated quarter, which is fairly
practical based on particular standards.
Mr. Wells stated instead of a motion without a policy, staff can bring
back an ordinance with some examples.
Council Member Reid stated he would be requesting adding an item to
the agenda to have staff return with a report on the winter quarter discount at
the first April meeting. He stated he would work with the town manager on a
proper time line for the report.
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d. URAC Update
ii. Expanded Membership
Council Member Martinez stated this will give the out of town
residents more input and will be able to communicate to their communities
what is going on.
Mayor Umstattd stated she will be opposing this.
Council Member Dunn questioned how many homes are serviced
outside of Town.
Mr. Wells stated it is about 25% of the customer base.
Council Member Dunn stated that would give the out of town
customers would have a greater voice per users than the in town customers.
He stated he has been very much in support of them having plenty of voice,
but it should be a fair ratio.
Council Member Butler stated there is some justification for this
additional out of town representatives as it matches the revenue percentage.
Council Member Reid stated he does not support this as the
representation percentage is not fair to the in town customers.
e. Form Based Code
Mr. Wells stated a few Council members had indicated there may be
enough information in the staff report to just go for a vote at Wednesday
night's Council meeting without discussion tonight.
Mayor Umstattd stated that some information she asked for was
provided, some was not. She stated she asked for estimates of increased
demand on the utility system, but no actual numbers were provided. She
stated she will not be voting for this tomorrow night.
Mr. Etemadi stated the anticipated increase from what is proposed is
about half million gallons per day. He stated based on current estimations
without new policy, the town will not need to expand facilities beyond current
capacity; however, if this goes into effect, capacity will have to be increased.
Further, he noted if the TMDL regulations have a big impact, an alternative
treatment will have to be instituted which could significantly increase the cost
of an upgrade.
Council Member Martinez stated he is prepared to vote tomorrow.
Vice Mayor Wright stated Council needs to figure out what direction in
which to go. He stated he supports form based code; however, the proposed
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district size is a little small, but he likes the suggestion of approving the
proposed size and looking at a possible expansion. He stated if Council is
unwilling to do this, it should be clearly communicated to the public and staff
as there are real financial impacts that go along with just going along with this.
Council Member Hammler stated she would like to listen to find out
what the will of Council is.
Council Member Butler stated he feels Council should vote tomorrow
and his only question is why the effective date is March 1, 2012. He stated he
regrets not having this affect a larger area.
Council Member Reid stated it is a mistake to direct staff to look at the
expanded district because there is significant community opposition in the
areas that may be included in an expansion. He stated he is opposed to form
based code.
Vice Mayor Wright pointed out that unless the other changes to
regulatory documents are not made, if someone wants to develop under form
based code, they cannot.
Council Member Dunn stated there is fear of loss of regulatory control
and he cannot support this proposal in this form.
f. Balch Library Operations
Council Member Dunn stated he would like to discuss different
management ideas for Balch Library in that it is a valuable and valued asset.
He clarified that he is not proposing closing the library, but would like to more
effectively manage the Balch to be responsible for the citizen's money and still
meet their needs. He noted that per capita, the library is a costly service and
there could be a better way of managing the library. Further, he suggested
cutting the hours to be open by appointment.
Council Member Butler stated he would consider looking at this as part
of the budget options.
Council Member Hammler stated that if anything makes sense, she
would appreciate being able to look at it as part of the budget process.
g. Parking Garage Post Holidays
Mr. Wells stated the time for free parking as approved by Council
direction is going to expire. He stated he would like to make a
recommendation for Council to consider paid parking on nights and
weekends, but in the absence of further direction, staff will go back to charging
for parking in the garage on Thursday.
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Council Work Session February 22, 2011
Council Member Butler stated he is certainly not enthusiastic about
paid parking on nights and weekends and would like to leave free parking in
place until the budget is completed.
Vice Mayor Wright questioned how this would affect the current year's
budget.
Mr. Wells stated he would suggest making the effective date the end of
April. Further, he noted that staffing implications would not change. He
stated he will be recommending automated collection of fees. He stated the
RFP for automating the garage is out now, but additional direction would be
part of the budget process.
Council Member Reid stated he would support a two hour limit on the
weekends for a flat rate and would include parking meters.
Council Member Dunn questioned what has been learned from the free
parking program.
Mr. Wells stated staff learned there is significant use and demand on
nights and weekends. Further, he noted that some nights, particularly First
Fridays, the parking garage is full. He noted that a nominal charge is not
deterring other downtown parking garages in neighboring areas.
Council Member Reid noted the garage fills up before 10 a.m., which
means local businesses are using the garage for their employees.
Council Member Dunn stated he believes people are coming downtown
because the mix of businesses has improved, not because the parking was free.
Council Member Hammier stated it would be helpful to have input
from the downtown businesses as they are seeking a cohesive partnership as
relates to important decisions downtown.
input.
Council Member Butler stated customers should be asked for their
Council Member Martinez noted that the town owns the garage and
has the right to make a profit from the garage, if possible. He stated $2 is
certainly not unreasonable in comparison with $20 in downtown Washington,
DC.
Mayor Umstattd agreed with Council Member Martinez. She stated
she would like to go back to the system of charging in the parking garage and
stated she would be in favor of charging for parking on the weekends. She
stated whatever automated system is used, back up has to be provided.
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Mr. Wells stated there will need to be a system so that no one will get
stuck in the garage, but the particulars have not been worked out yet. He
stated parking can be used as an incentive or as a revenue source.
h. Annexation
Council Member Martinez questioned whether any Council Members
are interested in talking about annexation at this time, but defer it until after
the budget is completed.
Council Member Butler stated this discussion is not about annexation
or the previous annexation discussions. He stated it has to do with bringing
out of town service areas into the town limits for the purpose of eliminating the
concept of out of town customers. He stated his "back of the envelope"
analysis shows that both the town and the out of town customers would both
come out positively. He stated if both groups make money by pursuing this, it
makes sense. He stated he shared his figures with the out of town residents
and asked them to validate those figures. He stated he does not mind waiting
until after the budget is completed.
Council Member Martinez stated the area that needs to be looked at is
the area that was proposed for annexation several years ago.
Council Member Reid stated he appreciates this being on the agenda
for discussion. He questioned whether the residents of the out of town service
area would be interested in being annexed.
Council Member Dunn stated annexation is not just about numbers
and if the town is going to move forward with annexation, everything will
need to be looked at including land use issues, development issues, politics and
whether the residents want to be annexed. He stated some areas not included
in the previous annexation area may be interested in being annexed.
Vice Mayor Wright stated previously the town agreed to, in principle,
what the primary annexation boundary would be. He stated they stopped
before negotiating the teams of an annexation agreement. He stated the
agreement would be required if one or both sides wanted to place conditions
on the agreement that would be binding. He stated the Board of Supervisors
(BOS) wanted to place conditions on the water utility and some of those issues
still exist. He stated there are county properties in the proposed annexation
area that the county is not interested in having the town annex.
Council Member Martinez stated the annexation area is more in the
southeast quadrant, not the northeast residential areas. He stated the county
wanted the town to resolve the water rate issue outside of the annexation area
before the town annexes any property.
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Vice Mayor Wright stated the other issue is that the chairman of the
board has absolutely no interest and does not believe the Board wants to try to
tackle annexation prior to the elections. He stated there is not enough time
between now and November to complete the process so it would have to
restart after the elections. He questioned if a study is performed now, would it
be usable for a possible annexation after the November elections.
Mr. Wells stated the fiscal impact model looks at some of the study area
so staff can use its own fiscal impact model for some of those areas. He noted
that staff would be able to tackle this after the budget process is completed.
Vice Mayor Wright noted that there is some limit to how many times
the town can ask for annexation.
Ms. Irby stated she was not involved in the prior effort for annexation,
but if it is a friendly annexation it normally takes 12 -18 months and an
unfriendly annexation would take about double that time. She stated she
would look into whether there is a limit on how many times the town can
institute annexation proceedings within a certain time period. She noted if the
area to be annexed will increase the town's population by more than 5
elections have to be held as well.
Council Member Hammier stated she supports getting the numbers for
annexation after the budget is completed in preparation for November. She
stated this would prepare the town for analysis of the issue of city status. She
stated she raised the subject with Senator Herring who said to do the analysis
and bring it to the General Assembly.
Council Member Butler stated he would like to resist combining this
with previous annexation discussions because there are two entirely different
reasons to bring the area into the town. He stated Cross trails was a
development oriented annexation and this would be a strategic annexation
based on water rates. He stated there is a good chance the town could include
the areas by Boundary Line Adjustment (BLA) because there would be no
conditions.
Council Member Reid stated it would make sense to sit down with at
least one of the HOAs to give them the facts and figures. He stated he would
like to see them send a letter to Council asking to be annexed.
Vice Mayor Wright stated the annexation process came to a stopping
point in was 2007 because of the town's active water lawsuit. He stated the
county wanted to negotiate terms and conditions and because of the lawsuit,
the town could not. Further, he stated a new board took over in 2008. He
stated if the town is going to pursue this issue, it should be communicated it
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February 22, 2011
not only for water rates because there are other issues, both pro and con,
involved.
Council Member Hammler stated it is legitimate to come forward with
numbers to have a BLA discussion. She stated the reason why she believes the
town should focus on a larger area is because there are pros and cons for both
in town and out of town residents.
Council Member Dunn noted that if the annexation discussion is a way
to move forward the discussion of city status, he would not support that. He
stated the citizens in Leesburg pay more taxes because Councils have decided
to increase services, not because of the county.
Council Member Martinez stated bringing these people into town will
cause the average in town rate to increase.
Mayor Umstattd stated she appreciates this is an effort to get a
compromise situation without more legislation in Richmond. She stated
unless the out of town residents really want to be included in the town, the
next thing that will happen is legislation in Richmond prohibiting BLAs and
annexation.
Council Member Butler agreed with Council Member Martinez that
water rates will go up in town, but noted that property taxes will go down
because the out of towners will pay more than what it will cost to service them.
He stated the out of town users are looking for long term assurance that the
town is not going to make their lives arbitrarily worse.
2. Additions to Future Council Meetings
Council Member Martinez asked for the following to be added:
1. Propose committee about county support center site. He suggested a
Council Member, a Planning Commissioner and a couple of citizens from the area.
2. A "round up" program for water bill to help the needy.
3. Continue to address issue of time limits for Council meetings.
Mr. Wells stated that Items #2 and #3 are in progress. He stated he will put
#1 on the agenda for the next meeting.
Vice Mayor Wright asked for the following to be added:
1. Request motion to request staff to develop a design option to preserve
parking on king street between Market and Loudoun to include a material designed to
differentiate the parking lane from the travel lane visually. There was Council
consensus to support this.
2. Request motion to direct staff to develop a memorandum of understanding
for full funding of school resource officers for Loudoun County Public Schools within
town limits. There was consensus for support of this.
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Council Work Session February 22, 2011
3. Resolution for next meeting initiate zoning ordinance amendment to
provide additional height in the H -1 district.
4. Resolution to initiate zoning ordinance amendment for crematorium as an
accessory use to a funeral home subject to certain use conditions. He stated the
technology has advanced to allow this to be appropriate.
Council Member Hammler asked for the following to be added:
1. Parking on King Street.
2. Look at an official liaison /need for greater Council involvement on the
URAC Committee.
3. What is process for hiring a director in light of Randy Shoemaker's
retirement.
Council Member Butler asked for the following to be added:
1. Request from residents to put up doggie waste stations every '/2 block in the
historic district.
Clerk o
2011 tcwsmin0222
Council Member Reid asked for the following to be added:
1. Discussion of a potential ordinance on blighted structures.
2. What happened to the Honda dealership. Effort to keep them in Leesburg.
3. Work out something on the winter quarter water and sewer rate.
4. Parking Plan.
Council Member Dunn asked for the following to be added:
1. Loitering vs. right to assemble
2. Rather see parking all along both blocks of King street. There was Council
consensus to look at both blocks of King Street.
Mayor Umstattd asked for the following to be added:
1. Legal memo from the Town Attorney regarding ordinances prohibiting fire
arms in the park. Ms. Irby stated the ordinance will need to be updated due to
changes by the General Assembly.
3. Adjournment
On the motion of Council Member Martinez, seconded by Council Member
Butler, the m ting was adjourned at 11:17 p.m.
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