HomeMy Public PortalAbout2015_tcwsmin0223 Council Work Session February 23, 2015
Council Chambers, 25 West Market Street, 7:30 .m. Mayor Kristen C. Umstattd
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presiding.
Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Suzanne D.
Fox, Katie Sheldon Hammler, Marty Martinez and Mayor Umstattd.
Council Members Absent: Marty Martinez arrived at 8 p.m. as he was representing
the town at another event.
Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy
Town Manager Keith Markel, Director of Economic Development Marantha
Edwards and Clerk of Council Lee Ann Green.
AGENDA ITEMS
1. Work Session Items for Discussion
a. Legislative Update
Keith Markel updated Council on the disposition of the town's
legislative items at the General Assembly session.
Key Points:
• Last day of the assembly session is Friday.
• SB882—House transportation committee failed to recommend
reporting.
• SB921 —was tabled in the House Transportation committee.
• SB937— Sen. Wexton withdrew this bill.
• HB2017—has been recommended for tabling in the House Courts of
Justice Committee.
• HB1688—Was recommended for tabling in the House Appropriations
Committee.
• SB 1246—Engine idling bill was tabled in subcommittee.
• SB1230—Would make ABC responsible for cigarettes; was tabled in
subcommittee.
• An ethics bill requiring enhanced reporting will most likely be passed.
• FOIA crimes bill is still moving forward.
• HB1887 passed the house and is now in the Senate. It looks like it will
be approved.
• HB1294, which would have given churches exemption from paying
town fees or fines, was tabled in the house finance committee.
Council Comments/Questions:
• Would international travel be limited? Would Council be allowed to
have other entities pay for travel?
Staff answer: It would be allowed, but have to be approved by the
Ethics commission, which was created last year. Other entities should
be allowed to pay for travel. The idea is to keep lobbying groups from
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Council Work Session February 23, 2015
paying for trips to buy influence. Nothing precludes a group that is not
pushing a specific influence from paying for travel.
b. Downtown Parking Task Force
Kaj Dentler stated that staff recommends the make up of the Parking
Task Force not include Council Members.
Council Comments/Questions:
• Component that is missing is people from different sectors of town
could contribute information on why they do/don't come downtown.
• Who would be liaison?
Staff answer: Most likely Assistant Town Manager Scott Parker. Any
other necessary staff resources will be provided.
• Would be open to participating in the Task Force.
• Would like developers who have targeted downtown for infill
development to be part of this task force.
• A representative of the Planning Commission should be included as
well as a representative of the Economic Development Commission.
• Find ways to get town and county employees to park around the
periphery of the downtown area.
• Goal of the task force is not clear, except to come back with
recommendations about parking.
• If Council Members appoint task force members, they will be sensitive
to the Council Member's desires.
• Would suggest choosing a member from each of the existing town
commissions that deal with the downtown—BAR, EDC, SRTC.
• Like the idea of getting people from the community to find out why
they do or don't come downtown.
• Town and county employees, as long term parkers, need to feel part of
the solution.
• Smaller scope of mission would create more opportunity for successful
recommendations.
• Concern over the number of spaces being "sold" as payment in lieu.
• How many town and county employees park in their respective
garages?
Consensus was for one planning commissioner, one member from the
Economic Development Commission, two members of the business
community not affiliated with the EDC who have an interest in the
downtown, four citizens from each quadrant of town, and town staff liaisons
who are non-voting members.
Task to be assigned to the Parking Task Force is how to get those who
park all day to move to outlying lots such as Liberty and Pennington, but they
will be able to address other issues as well.
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Council Work Session February 23, 2015
The town manager was directed to select members of the task force
based on the parameters set by Council.
c. Non-Disclosure Policy and Procedures
Kaj Dentler stated that staff was prepared to answer any questions that
Council might have.
Council Comments/Questions:
• Who specifically requested the nondisclosure agreement?
Staff answer: It was CRBE, the real estate company, that represented
K2M. The step two in that was when there was an incentive involved,
we were bound to not let information get out because that jeopardized
the Governor's Opportunity Fund funding.
• How did that jeopardize the funding?
Staff Answer: When there is a big announcement such as this, they
want it to come from the Governor's office.
• It is a delicate situation with other jurisdictions competing. The only
issue is not just the Governor wanting to make the announcement —
not agreeing would put the town at a competitive disadvantage
statewide
• Other jurisdictions were in competition for this business.
• Appropriate for staff to sign nondisclosure agreements when businesses
are in the prospect stage, but once they become an applicant, they
should be able to be disclosed.
Staff answer: There are many applicants that for competitive or human
resource reasons, do not want their name to be disclosed to the public.
• K2M was not the applicant in this case—Oaklawn was the applicant.
• Becoming an applicant is part of the public planning process and
therefore information should be available to the public, but a new
nondisclosure could be set up for applicants.
• Feel that a nondisclosure agreement should not give the town the right
to withhold information that is being requested.
• If you need to go through a non-disclosure agreement, it should only
apply to the exact location needed. Applicant took advantage of the
process to bring forth other changes that were not related to the non-
disclosed tenant.
• No non-disclosure agreement was signed with the governor's office.
• When looking at non-disclosure agreements, need to look at ancillary
agreements with other entities that could affect a non-disclosure
agreement.
• May not want to get involved in non-disclosure agreements that involve
multiple parties.
• May be better to bring the Council in to the process earlier to make a
policy decision prior to entering into a non-disclosure agreement.
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Council Work Session February 23, 2015
• Should consider a policy that once a prospect turns into an application,
non-disclosure agreement should change.
• Would support Council greenlighting certain projects if there is a
quantifiable benefit to the town of the project moving forward.
• Council has no need to know who an individual tenant is —much the
same as when the Village at Leesburg was moving through the process
—individual tenants were not named.
• Allowing Council to get involved in non-disclosure agreements would
put the Town at a significant competitive disadvantage.
• Need to acknowledge the fact that at no point was the public not fully
involved in everything relative to the planning and zoning decision.
• Even though the Council was not a party to the non-disclosure
agreement, were they bound by the agreement?
Staff answer: Council was included during a closed session, which any
individual council member could have elected to not attend.
• Disclosing the name of the tenant to Council aided in the fast-tracking
process. It might have been denied if Council had not been brought
into the process.
• Greenlighting one application means another application gets pushed to
the side. To be fair to the application that is getting pushed to the side,
Council should know whether the favored business is one that is really
desirable to make an informed decision on greenlighting.
• Process might have been less smooth than desired, but it does not come
up very often. When it does next time, Council will be better equipped
to handle it.
• Definition of light industrial is necessary.
There was no direction from Council.
2. Additions to Future Council Meetings
Council Member Hammier stated that Pat Scannell would be returning as a
petitioner to Council to thank them for supporting the documentary on the Maker
Movement and to request consideration of getting involved in the Mayor's Maker
Challenge. She stated she appreciated the memo on paper recycling and would
appreciate support for promoting the need to shred all sensitive information and
questioned how staff could get that information out to the public. It was noted that
the town offers two free shred events yearly. It was suggested that the Environmental
Advisory Commission (EAC) could look at ways to get information out to the public.
Vice Mayor Burk offered to take this to the EAC for their recommendations.
Council Member Hammier questioned whether town-wide traffic issues can be
addressed within the structure of the Standing Residential Traffic Committee (SRTC).
She stated she wanted to clarify that she did not ask for a discussion of changing the
committee to a commission. The topic of town-wide traffic issues will be placed on
an upcoming SRTC agenda and they will report back.
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Council Work Session February 23, 2015
She requested a certificate for the franchise owner of WhichWich for his being
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named Franchisee of the Year for the sandwich chain.
She requested figuring out how some Board of Architectural Review(BAR)
processes could be streamlined to make some approvals administrative. Council
Member Fox stated she would bring this subject up to the BAR for their discussion.
She stated in reviewing the Tuscarora Creek mitigation project she noted
currently the project is $1.6 million over budget. She stated that expectations have
been set with the community in terms of results. Mr. Dentler stated that previous
direction from Council was to work with the Virginia Knolls Homeowners
Association, which has been accomplished. The HOA is happy with the project now;
however, it has increased the scope and therefore the price of the project. Council
Member Hammler noted that compromise is necessary based on debt capacity issues.
Mr. Dentler stated that Council will have the opportunity to review this project during
review of the Capital Improvements Program (CIP). She stated that compliance with
TMDLs will turn into very expensive projects. She stated that Council will need to be
careful with the management of these projects.
Vice Mayor Burk questioned whether the request for Airshow support would
be discussed. Mr. Dentler suggested it could be appropriately discussed during budget
review.
Council Member Butler stated he was contacted by the Virginia Public Safety
Association regarding their April golf tournament at Raspberry Falls. He stated they
would like the town to sponsor a hole for$500. Concern was expressed that this
would open the door to more requests from other groups for support. There was no
support by Council for this item to be placed on tomorrow's agenda.
Council Member Dunn thanked Council Member Hammier for bringing up
the WhichWich owner's accomplishment.
He stated he may be late to the Tuesday night meeting due to a County
Planning Commission meeting.
He stated he may be absent at the March 10 Council meeting and would
request electronic participation. He stated he would not be at the work session either,
but is not requesting electronic participation in the work session meeting. It was
agreed to put this on the agenda for Tuesday night.
Council Member Dunn requested a memo concerning EEOC issues within the
town.
He also requested a memo on any instances where the Police Department has
focused/profiled on minorities for law enforcement. There was no Council consensus
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Council Work Session February 23, 2015
for this information. Council Member Dunn stated he would bring action in two
weeks to request this information.
He also requested further information on the meeting held with Leesburg
Today and the Town Attorney that was attended by Council Member Martinez.
Council members noted that this information has been previously provided in a
satisfactory manner and there was no consensus for further information. Council
Member Dunn stated he would bring action in two weeks to request this information.
3. Adjournment
On a motion by Council Member Hammler, seconded by Council Member Martinez, the
meeting was adjourned at 9:15 p.m.
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Clerk of C• •
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