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Home My Public Portal About2012_tcwsmin0723Council Work Session July 23, 2012 Council Chambers, 25 West Market Street,7:30 p.m. Mayor Kristen C. Umstattd presiding. Council Members Present: Thomas Dunn, Katie Sheldon Hammler, Kelly Burk, Kevin Wright and Mayor Umstattd. Council Members Absent: Council Member Dunn arrived at 7:36 p.m. Council Members Butler and Martinez were absent. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Planning and Zoning Susan Berry Hill, Research and Communications Manager Betsy Fields, Director of Parks and Recreation Rich Williams, Deputy Director of Planning and Zoning Brian Boucher, Zoning Administrator Chris Murphy and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Work Session Items for Discussion a. Legislative Session with Legislators — Recap and Eminent Domain Discussion Mayor Umstattd welcomed Virginia Representatives Joe May and Randy Minchew, Senators Mark Herring and Barbara Favola, and Virginia Municipal League Director Mark Flynn to give their perspectives on the 2012 General Assembly session, issues affecting the Town and the prognosis for transportation funding in the future including town maintenance payments as well as efforts to take authority away from local governments. Barbara Favola • General Assembly did not do as much harm to local governments as expected. • Personally had seven budget amendments, of which six were passed Joe May • 19 " session as representative • Pleased to have gotten judgeship funding reinstated • Cautious approach to devolution • Reduction of amount of drive in emissions tests required • Settlement of cable attachment fee issue • Over - weight truck fee instituted • Gas taxes are going down, but working on uniform energy tax to reflect usage of the roadways Randy Minchew • Northern Virginia delegation worked well together • Town Charter amendment was approved Page C, Council Work Session July 23, 2012 • Bill for Middleburg to allow VDOT to work with localities on appropriate places for Children at Play signage • Bill to allow cash proffers to be used for alternative purposes if they are in furtherance of the Town Plan in building infrastructure. • Possibility of a bill to define lost profits and lost access • Bill failed to protect the Transportation Trust Fund from being used for maintenance Mark Herring • Stormwater bill was the town's idea • Originally a supporter of the eminent domain bill • Referendum language for eminent domain bill will be confusing for voters • Selling naming rights for bridges and transportation infrastructure is not a good way to raise money for improvements • Must be vigilante because General Assembly has a history of pushing off responsibilities to localities • Disappointed there was no additional funding for the Dulles Rail Phase II project Mark Flynn • Towns around the state were very interested in the nonpartisan language in the town's charter amendment Council Comments /Questions: • Transferring state responsibilities to localities is not fair • Discussion on the Eminent Domain referendum • Based on actions of New London, CT • Public need and private development may be entangled • Condemning authority has an obligation to make a bonafide offer at fair market value • Temporary interruption of a business or farm operation is not included unless there is an actual taking, so street fairs and parades would not be affected • State and municipalities are not working together • How can the town bring general assembly action to the public's view? • No support in the house for indexing the gasoline tax because people thought it had the patina of a tax • Thank you to legislators for support of Charter Amendment and keeping town elections nonpartisan • Seek support for ending the moratorium on city status • Compensate business owners for nonscheduled emission testing, if not already done • Consideration of legislation allowing utility provider to offer service to a single service customer, but no one in between 2 1Page Council Work Session July 23, 2012 b. Bike Rack Update John Wells gave a brief update of bike initiatives. • Bike way - station at Raflo Park is completed except for final landscaping • Includes free air station • Water fountain for riders and pets • Portable toilet • EDC task force working with LDBA to develop a map that will be housed in the kiosk on W &OD Trail at S. King Street to direct riders to businesses in the area • Addition of public bike racks around town C. Form Based Code Progress Report Brian Boucher gave a report on the progress of Form Based Code: • No regulating map • Roadway placement dependent on land use applications • All required regulation changes combined into one initiating resolution Council Member Comments/ Questions: • Only one area with proffers located in the district • More use based rather than form based code • Everything except Dodona and Barber & Ross are outside the H -I overlay district 2. Additions to Future Council Meetings Mayor Umstattd asked to put the new Symphony request in -kind contributions on the agenda for Tuesday night. Journey through Hallowed Ground will be bringing a request for funding before Council. Council Member Burk noted she will be nominating someone for the Commission on Public Art at Tuesday night's meeting. Council Member Dunn noted he will be nominating someone for the vacancy on the Utility Rate Advisory Committee. He requested a letter from Council asking Richmond to look for funds for the Edwards Ferry Road /Bypass intersection improvements. 3. Closed Session On a motion by Mayor Umstattd, seconded by Vice Mayor Wright, the following was proposed.• Pursuant to Section 2.2- 3711(A)(3) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of receiving information and discussion regarding: 3 1Page Council Work Session July 23, 2012 a. Arcadia The motion was approved by the following vote: Aye: Burk, Dunn, Hammler, Wright and Mayor Umstattd Nay: None Vote: 5 -0 -2 (Butler /Martinez absent) The Council convened in Closed Session at 10:13 p.m. The Council reconvened in Open Session at 10:33 p.m. On a motion by Mayor Umstattd, seconded by Vice Mayor Wright, the following was proposed: In accordance with Section 2.2 -3712 of the Code of Virginia, I move that Council certify that to 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 roll call vote: Aye: Burk, Dunn, Hammler, Wright and Mayor Umstattd Nay: None Vote: 5 -0 -2 (Butler /Martinez absent) 4. Adjournment On a motion by Council Member Burk, seconded by Vice Mayor Wright, the meeting was ad ^rned at�0:33 p. m. Clerk of Cori 2012 tcwsmin0723 4 1Pagc