ROUND HILL TOWN COUNCIL

REGULAR MEETING

September 21, 2006

 

 

A regular meeting of the Round Hill Town Council was held in the Town Office, 23 Main Street, Round Hill, VA, on Thursday, September 21, 2006.

 

Council Present                                                          Staff Present             

Frank Etro, Mayor                                                       Brad Polk, Town Administrator and     

Mary Anne Graham, Vice-Mayor                                             Interim Zoning Administrator    

Mark Albright                                                               Maureen Gilmore, Town Attorney

Janet Heston

Carter Morrow                                                 Also Present

Scott Ramsey                                                               Mark Trostle, Richmond American Homes

                                                                                    Georgiana Pardo, Reed Smith, LLP

Council Absent                                                           Susan Glass, LC Building and Development

John Heyner                                                                 Daniel Csizmar, LC Building & Development

                                                                                                                                                           

There were six members of the public present.

 

Attachments

I.                    Agenda

II.                 Bonilla Waiver Request on Utility Bill

III.               Creekside Ball field Options – email, two plats

IV.              Location, Plat Information on Town’s Sleeter Lake Site

V.                 Town Council Minutes, dated September 7. 2006

VI.              Bills for Payment, dated September 21, 2006

VII.            August Fiscal Reports

VIII.         Job Description, Town Zoning Administrator, dated September 21, 2006

IX.              Zoning Administrator Report, dated September 21, 2006

 

 

At 8:00 p.m. Mayor Etro opened the meeting led the attendees in the Pledge of Allegiance. 

Mayor Etro reported that Deputy Ortutay would be in attendance shortly. 

 

 

IN RE:  PUBLIC COMMENTS

 

Margaret Sterrett expressed her concerns about the proposed Sleeter Lake Park and the possible impact this park may have.  She asked the council to keep in mind when developing this park the future expansion of the Wastewater Treatment Plant and Buffer requirements by DEQ for the treatment plant.  Mrs. Sterrett stated that the HOA has claimed ownership of a park site; but based on some investigation, they do not own anything.  She asked for clarification.  Mayor Etro replied that the town owns approximately 11 acres adjacent to the WWTP and he believed that the designated HOA park is adjacent to this site.  Mrs. Sterrett said that Loudoun County’s mapping system shows the site the town owns; but the area designated for the HOA is not consistent with the boundary of the town’s site.  Vice Chairperson Graham stated during this process the town is taking into consideration the WWTP’s future expansion as well as buffer requirements.

 

Dan Botsch, 8 East Loudoun St., wished to address the proposed ordinance amendments for the B-1 Business District.  He stated that he:

  • was opposed to reducing the minimum lot area from 20,000 square feet to 10,000 square feet, feeling that it was impossible to create a buffer zone; and was not sure if the Planning Commission had looked into stormwater problems that may occur on the smaller lot size;
  • wondered if when preparing these amendments, the town had looked into problems that may occur for trash pickup;
  • suggested that every residential lot in town be allowed to have the option to become commercial; and
  • stated that presently very few residential properties are impacted by commercial properties; felt that if more residents were impacted there would be more interest taken, the town would be more serious.

 

Tom Graham, 27 Main Street, stated that something had to be done to make all residents aware of the requirements of the Zoning Ordinance so that citizens could not claim ignorance of zoning regulations.  He suggested periodic presentations, announcements in the water/sewer invoices and/or tax bills that outlined requirements and the application process.

 

 

IN RE:  APPROVAL OF THE AGENDA

 

Vice Chair Mary Anne Graham motioned that the agenda be approved with the following changes: 

(1) Delete Item #V.-4, Verizon; and

(2) Change Item #IX. To “Executive Session to Discuss Legal Matters and Lease Negotiations”, changing “Meeting Adjournment” to #X.

Council Member Carter Morrow seconded the motion. 

 

Members discussed the need for the Executive Session with Mayor Etro reporting that the town attorney had recommended this.  Council Member Mark Albright asked that under Item #V., Business, #4 remain as a short discussion on Town Ordinances.

 

Vice Chair Graham and Council Member Morrow accepted the addition of item #V.-4, Town Ordinance Discussion as an addition to their motion.

Motion to approve the agenda as amended was approved vote 5-0 (Council Member Heyner absent for the vote).

 

 

IN RE:  COMMUNITY POLICING

 

Deputy Ortutay reported that speeding within the town continued to be an issue.  He and the Town Administrator had spoken about the park curfew and the need for the town to post signs informing citizens that the park would be closed at dusk and violators would be prosecuted for enforcement of curfew by the Sheriff’s Department.  He noted that the young adults that he had confronted at the park are not doing anything illegal and are quiet and cooperative. 

 

 

IN RE:  BUSINESS

 

A.  CREEKSIDE DEVELOPMENT COUNTY PROFFER INTERPRETATION

 

Council Member Mark Albright announced he would recluse himself from this discussion and vote.

 

Mark Trostle noted that council members had some information on ball field options in their packet.  A plat of the proposed Creekside Development was shown outlining the sites for the civic center, the active recreation field and the flood plain area.  Mr.Trostle said that in the past they have spoken of a softball or soccer field and the town expressed a desire for a single soccer field.  He stated that because of the configuration of the development, the proposed soccer field would not meet Loudoun County’s standards nor the town’s desired size.  The information in the council’s packet gave two options - #1 shows one field with a 30 foot overrun area at 369 ft, by 225 ft,; #2, two fields each with a 15 foot overrun area, each at 185 ft. by 228 ft.  Mr. Trostle stated that both options show smaller fields which are suitable for youth soccer.  He noted that in option #2, he could not get the slope to meet the standards of Fairfax County; was a little steeper, but possibly could get it to around 2%. 

 

Vice Chair Graham asked if the ball field area was the same as originally proffered.  Mr. Trostle replied that the proffer is for 81,000 sq. ft., the options are for 120,000 sq. ft.  Mayor Etro noted that the larger field of 325 ft. by 360 ft. serves those 12 years of age and over; that this size is more accommodating and that anything below this size is less appealing to clubs and the age group served is smaller.  Vice Chair Graham asked if either option would have an impact on the civic center; the response was in the negative.  Mayor Etro suggested that the developers and county think about the option of having Richmond Homes build a large soccer field at Woodgrove Park rather than on their site – noted that the county had land at Woodgrove that was not being used and in building the ball field, the developer would not have to worry about stream beds, roadways, etc. – felt that this may be a solution.  Mr. Trostle stated that this relocation to another site would require Richmond Homes to go back to the Board, and timeframe for county approval would be delayed.  Mayor Etro said that this approach would have its advantages – a larger soccer field would be built and Loudoun County Parks and Rec would still be in control; this transfer would allow the developer to meet their original intent of a larger field.   Susan Glass reported that the rezoning application submitted to the county showed a playing field being developed adjacent to the civic center.  To change it at this stage would required a Comprehensive Plan Amendment, and the process would take six months to achieve.  Discussion followed on different size fields, proposed options, different configurations; county comments (just waiting for town recommendation); over run area; Parks and Recreation maintenance of field; the site for the civic center to be 2 acres, graded level for a building pad;

 

Council Member Scott Ramsey motioned that the Town of Round Hill endorse the two field plan of 228 feet by 138 feet as shown on the plat provided by Richmond American Homes.  Vice Chair Graham seconded the motion.  Motion was approved by roll call vote of the council present 3-1-0 (Council Member Heston voting in the negative, Council Member Heyner absent for the vote, Council Member Albright not voting).

 

 

 

 

 

B.  UTILITY PROJECTS COUNTY COMMISSION PERMITS

 

Town Administrator Polk reported that Loudoun County Planning Commission had conducted their public hearing last Monday.  The town’s water towers were included in this hearing and were unanimously approved by the commission.  This will go before the Board in October.  Mr. Polk

stated that the engineers are working on the necessary permitting.  Discussion followed on the need for a Commission Permit for the water towers.  Mayor Etro suggested the town conduct an in-put session.

 

C.  SLEETER LAKE PARK DISCUSSION

 

Vice Chair Graham reported that she had asked the town engineers about options for servicing utilities to the proposal park site.  The reply was that it may be better to run water lines from Lake Point along with using wells that Oak Hill are to develop south of town.  Mrs. Graham asked council for permission to request Anderson and Associates to further research the cost estimates to develop water and sewer lines to the park area.  She noted that sewer service could be run from the main that runs through the town’s park site.  A lengthy discussion followed on responsibilities by the town, by the HOA, and by Oak Hill; who to assume responsibility of maintenance of park (HOA?); financial responsibilities (Oak Hill, HOA and/or town) in developing park; budget process by the town (nothing in the budget this year designated for this park site); and timeframe for opening park (HOA hopes to open next summer).

Mr. Polk provided the council with a plat showing the town’s site (11 acres) and the HOA (7 acres) in another area which is not adjacent to the town park.  Council determined there was a need for all to be informed of the correct location of the HOA park site.

Further discussion followed on setting terms for providing water and sewer by town; design and construction fees and process for same; and exactly what the HOA expected from the town before proceeding. 

 

D.  TOWN ORDINANCES

 

Because the town ordinances are in need of updating, Council Member Albright suggested that the council consider hiring someone to rewrite, re-codify the ordinances, and present a draft to the council for review and adoption.  Mayor Etro noted that one of the problems with some of the ordinances is that in the past this was done - the town had someone who was not familiar with the town write regulations.  Council Member Morrow noted that the Planning Commission has recently been reorganized and has a sub-committee working on updating the ordinances.  Discussion followed on setting priority of what ordinances/sections need updating first; the need to bring Subdivision and Land Development Ordinance up to VDOT standards; the need to update sections of the Zoning Ordinance.  Mayor Etro stated that the course of action will be to send this issue to the Land Use Committee who will work with the Zoning Administrator and the Planning Commission to outline a plan for updating the Subdivision and Land Development Ordinance and the Zoning Ordinance for the Council to consider.

 

 

 

 

 

 

 

 

IN RE:  ACTION ITEMS

 

A.  APPROVAL OF MINUTES

 

On motion by Vice Chair Mary Anne Graham Meeting and seconded by Council Member Janet Heston, minutes of the September 7, 2006 Town Council Meeting were approved by unanimous vote of the council present 5-0 (Council Member Heyner absent for the vote).

 

B.  BILLS FOR PAYMENT

 

The Treasurer reported an error in this report and asked that the invoices for Mitchell & Co., for Winchester Star and for ZEP be deleted from the bills presented for payment.  Council Member Scott Ramsey motioned the bills be paid as presented and excluding the three vendors mentioned above.  Council Member Janet Heston seconded.  Motion was approved by the council present by roll call vote, 5-0 (Council Member Heyner absent for the vote).

 

C.  ARTICLE 2, DEFINITIONS TOWN ZONING ORDINANCE and

D.  ARTICLE 7, B-1, BUSINESS DISTRICT, TOWN ZONING ORDINANCE

 

Council Member Ramsey asked that action on the above amendments be delayed until the next meeting; and requested that the Land Use Committee be allowed to devise a recommendation to the above amendments in response to the comments received at the Public Hearing.  Council agreed.

 

 

IN RE:  REPORTS  

 

A.  TOWN ADMINISTRATOR REPORT – Brad Polk

 

  • Zoning Administrator Position – reported that he had received 8 applications and had interviewed one candidate to whom he had offered the position today.  Mr. Polk indicated that a reply should be received shortly.
  • Job Description – Zoning Administrator – had revised this job description with additions shown in italics.  Mr. Polk felt these changes were necessary for the success of anyone assigned this position.  Vice Chair Mary Anne Graham motioned that the Town Zoning Administrator’s Job Description be amended to add the language presented to the council by Mr. Polk.  Council Member Carter Morrow seconded.  Motion was unanimously approved by roll call vote of the council present 5-0 (Council Member Heyner absent for the vote).
  • Route 719 Lift Station – project is going out to bid with a pre-bid meeting scheduled for October 10, 2006.  Will be meeting with R. Stuart Royer at 10 a.m. on September 26, 2006.
  • Easement Acquisition – stated that developers of the Draisey property do not intend to finalize any easement documents until their preliminary plat is approved.  Council Member Scott Ramsey motioned that the town make a fair market, bona fide offer to purchase the easement through the Draisey property with Vice Chair Mary Anne Graham seconding. 

Council Member Morrow asked if the town had the right to go after this easement.  Discussion followed on the need for easement for utilities; easement acquisition should have been done in 2002; need for appraiser to give fair market value; budget, recovery of costs; condemnation.  Maureen Gilmore stated that there was no legal agreement that states the property owner has to provide this easement; and before consideration of condemnation (which requires a public hearing), the town should make an offer that has been recommended by an appraiser and if denied then proceed. 

      Motion to make an offer to purchase easement was unanimously approved by the

      Council present by roll call vote, 5-0 (Council Member Heyner absent for the vote).

 

 

B.  ZONING REPORT – Brad Polk

 

A written report had been submitted to council.  There were no questions.

 

C.  MAYOR’S REPORT – Frank Etro

 

  • High School Site - reported that BOS Chairman York had withdrawn the request to consider the Round Hill site for the new western high school.
  • Commission Permit – as reported, the process for this approval will be going before the Board of Supervisor with a favorable recommendation by the county’s Planning Commission.

 

D.  UTILITY OPERATIONS, PUBLIC FACILITIES AND PROJECTS COMMITTEE

           REPORT - Mark Albright

 

  • Meeting Schedule – will meet with Royer on Tuesday morning, September 26th at 10 a.m.; regular meeting is scheduled for Friday, September 29th at 7:30 a.m.

 

E.  ADMINISTRATION COMMITTEE REPORT – Mary Anne Graham

 

  • Verizon Water Tower Lease – town attorney is working with Verizon representatives.  Council will receive copies of the draft lease agreement for review.  A meeting has been scheduled for the second Wednesday in October.

 

F.  LAND USE COMMITTEE REPORT – Scott Ramsey

 

  • Creekside Recreational Field – committee had met and discussed proposed field(s).
  • Meeting Schedule – subject matter for next meeting will be the amendments to the B-1 District.
  • Lake Ridge - Vice Chair Graham reported on the work session held by the Planning Commission and the Lake Ridge developers.  She noted that the developers are proposing to use cul-de-sacs and are not willing to lower the density from 33 lots to 31.  The Planning Commission should act upon this application at their October meeting, noting that the developers were willing to compromise on everything but the density.

 

 

IN RE:  COUNCIL COMMENTS

 

No comments were received.

 

 

IN RE:  EXECUTIVE SESSION

 

At 10:00 p.m., Vice Chair Mary Anne Graham moved that the Round Hill Town Council convene in closed session for consultation with legal counsel pertaining to the drafting of a lease agreement, requiring the provision of legal advice by counsel exempted by Va. Code Section 2.2-3711(a)(7).   The following individual is invited to attend the executive session:  Town Administrator, Brad Polk.  Council Member Scott Ramsey seconded.  Motion passed unanimously by the Council present by roll call vote of 5-0 (Council Member Heyner absent for the vote). 

 

Vice Chair Mary Anne Graham moved that the Round Hill Town Council go out of closed session.  Second by Council Member Scott Ramsey.   By roll call vote of the Council present, motion passed 4-0 (Council Member Heyner and Council Member Albright absent for the vote).

 

Vice Chair Mary Anne Graham made the motion that the Round Hill Town Council reconvene its public session and motion was seconded by Council Member Scott Ramsey.  Motion passed unanimously by roll call vote of the Council present 4-0 (Council Member Heyner and Council Member Albright absent for the vote).

 

Vice Chair Mary Anne Graham motioned that while in closed session, the Round Hill Town Council discussed only those matters that were lawfully exempted from the open meeting requirements by Va. Code Section 2.2-3711 (a)(7) and identified in the motion by which the closed session was convened.  Council Member Scott Ramsey seconded the motion.

Motion was approved unanimously by roll call vote of those present, 4-0 (Council Member Heyner and Council Member Albright absent for the vote).

 

 

ADJOURNMENT

 

There being no further business meeting was adjourned at 10:30 p.m.

 

 

 

           

                                                                        _______________________________________

                                                                                          Frank Etro, Mayor

 

_________________________________

    Elizabeth Wolford, Acting Recorder